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Municipal Plan for 2018-2028, Town of Lawn
I Approved by Council 10 November 2020
TOWNofLAWN
Newfoundland and Labrador
MUNICIPAL PLAN
for
2018-2028
Approved by Council 10 November 2020
HMJ Consulting Limited
Project 09 038
'
Municipal Plan for 2018-2028, Town of Lawn
I Approved by Council 10 November 2020
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Municipal Plan for 2018-2028, Town of Lawn
I Approved by Council 10 November 2020
TABLE OF CONTENTS
1.0 ADOPTION AND APPROVAL ............................................................................................ 3
1.1 COUNCIL RESOLUTION - ADOPT; CLERK & MCIP CERTIFICATE ........................ 3
1.2 COUNCIL RESOLUTION TO APPROVE; CLERK'S CERTIFICATE ........................... 5
2.0 LEGAL EFFECT OF MUNICIPAL PLAN ............................................................................ 7
2.1 Title and Municipal Planning Area ...................................................................................... 7
2.2 First Municipal Plan; Review and Amendments ................................................................. 7
2.3 Purpose and Effect of a Municipal Plan .............................................................................. 8
2.4 Administration ..................................................................................................................... 9
3.0 HISTORY AND ECONOMIC DEVELOPMENT ................................................................ 11
3.1 History ................................................................................................................................ 11
3.2 Economic Development ..................................................................................................... 12
4.0 KEY FACTORS INFLUENCING MUNICIPAL PLAN POLICIES ................................... 16
5.0 GOALS AND OBJECTIVES ............................................................................................... 18
5.1 Council's Vision, Goals, Objectives and Policies ............................................................. 18
5.2 Goals and Objectives for the Town of Lawn ..................................................................... 19
6.0 DEVELOPMENT CONCEPT AND POLICIES .................................................................. 25
6.1 Mixed Development Area ................................................................................................... 27
6.2 Commercial-Industrial-Institutional Area .......................................................................... 28
6.3 Marine Industrial Area ....................................................................................................... 29
6.4 Brazil Pond Protected Water Supply Area ......................................................................... 30
6.5 Rural Area .......................................................................................................................... 31
7.0 GENERAL REQUIREMENTS ............................................................................................ 33
7.1 Areas Affected ................................................................................................................... 33
7.1.1 Natural Hazards to Building ........................................................................................... 33
7.1.2 Municipal Services ......................................................................................................... 34
7 .1.3 Servicing Requirements ................................................................................................. 34
7.1.4 Streets ............................................................................................................................. 35
7 .1.5 Property Maintenance ..................................................................................................... 35
7.1.6 Negative Effects of Development .................................................................................. 35
7.1.7 Development Near Waterbodies .................................................................................... 36
7.1.8 Protection of the Natural Environment .......................................................................... 36
7.1 .9 Public utilities ................................................................................................................. 38
7.1.10 Archaeology Sites ......................................................................................................... 38
7 .1.11 Advertisements ............................................................................................................. 3 8
7.1.12 Fuel StorageTanks ....................................................................................................... 38
7.1.13 Non-conforming Uses .................................................................................................. 39
7 .1.14 Home Based Business .................................................................................................. 39
7 .1.15 Mineral Exploration and Extraction ............................................................................. 39
7.1.16 Uses Related to Keeping of Animals ............................................................................ 40
7 .1.17 Removal of Quarry Materials ....................................................................................... 41
7.1.18 Non-conforming Uses .................................................................................................. 41
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Municipal Plan for 2018-2028, Town of Lawn
I Approved by Council 10 November 2020
7 .2 Policies Extra to Municipal Plan for Information .............................................................. 41
8.0 IMPLEMENTATION ........................................................................................................... 43
8.1 Implementation Policies ..................................................................................................... 43
8.2 Review of Land Use Zoning & Subdivision Regulations ................................................... 43
8.3 Amendment of the Municipal Plan and Development Regulations ................................... 44
8.4 Site Plan Evaluation ........................................................................................................... 44
8.5 Public Works ...................................................................................................................... 44
8.6 Appeals .............................................................................................................................. 44
8.7 Development Standards Policy .......................................................................................... 45
8.8 Enforcement of Plan and Regulations in Planning Area ................................................... 45
8.9 Program of Public Works ................................................................................................... 45
9.0 INTERPRETATION .............................................................................................................. 46
9.1 Land Use, Boundaries, and Roads ..................................................................................... 46
9.2 Figures and Quantities Approximate ................................................................................. 46
9.3 Classification of Uses ........................................................................................................ 46
APPENDIX A ............................................................................................................................... 47
PROCEDURE TO BRING MUNICIPAL PLAN INTO EFFECT .............................................. 47
APPENDIX B ............................................................................................................................... 50
SITE PLAN EVALUATION INFORMATION ........................................................................... 50
Future Land Use Maps: Map 2 is a large map in a map pocket; Mapsl , 3 & 4 are page size and
are bound in the final pages of the document.
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Municipal Plan for 2018-2028, Town of Lawn
I Approved by Council 10 November 2020
1.0 ADOPTION AND APPROVAL
1. 1 COUNCIL RESOLUTION - ADOPT; MCIP CERT/FICA TE
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town Council
of Lawn adopts the Municipal Plan for 2018 to 2028.
Resolved by the Town Council of Lawn on the 8th day of July, 2020.
Signed and sealed this l'2-~ day of j~j , 20 -Z. l
Clerk:
(Council Seal)
Canadian Institute of Planners Certificate
I certify that the attached Municipal Plan document has been prepared in accordance with the
requirements of the Urban and Rural Planning Act, 2000.
Member of the Canadian Institute of Planners
.. .Eng.,M CIP
[ dateJ" £i
I' M "'1
20A \ seal
"\, ..
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Municipal Plan for 2018-2028, Town of Lawn
I Approved by Council IO November 2020
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Municipal Plan for 2018-2028, Town of Lawn
I Appro·;ed by Council 10 November 2020
1.2 COUNCIL RESOLUTION TO APPROVE; CLERK'S CERTIFICATE
[resolution of Council to approve the Municipal Plan,fo/lowing completion of the requirements of Sections 18 to 22
inclusive of the Urban and Rural Planning Act, 2000)
Whereas under the authority of section 16, section 17 and section 18 of the Urban and Rural
Planning Act 2000, the Town Council of Lawn:
I. adopted the Municipal Plan for 2018-2028 on the 8th day of July, 2020.
2.
gave notice of the adoption of the said Municipal Plan, following special instructions of the Department
of Environment, Climate Change and Municipalities related to the COVID 19, continually posted from
27 July through 28 August, 2020, on the Town of Lawn website and the Town FaceBook account and
in hardcopy posters at the following places:
a)
Town of Lawn municipal building notice board
b)
Lawn Post Office
c)
Potable Water Dispensing Unit (PWDU)
d)
Sea Coast Ventures - Gas Bar and Convenience Store
3. set the 28th day of August, 2020, at 12:00 noon, to be the deadline time and date for objections and
submissions to be received and for the holding of a public hearing to consider objections and
submissions.
4.
appointed Ms. Jill Strang to be the commissioner to conduct the public hearing.
5. received no objections or submissions by the deadline time and date, and subsequently received a report
dated the 30th day of September, 2020 from the commissioner, who recommended Council proceed
with approval of the said Municipal Plan as released by the Department of Environment, Climate
Change and Municipalities.
Under the authority of Sections 16, 17, 18 and 23 of the Urban and Rural Planning Act 2000, the
Town Council of Lawn approves the proposed Municipal Plan for 2018 to 2028.
Resolved by the Town Council of Lawn on the 10th day of November, 2020.
Signed and sealed this 2~day of :I Qt'\.u...iLrj
, 20 2\
Mayor~\....
Clerk: ~
Stq
(Council Seal)
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Municipal Plan for 2018-2028, Town of Lawn
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Municipal Plan for 2018-2028, Town of Lawn
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2.0 ~EGAL EFFECT OF MUNICIPAL PLAN
2.1 Title and Municipal Planning Area
This Municipal Plan, when brought properly into effect, shall be known as the Municipal Plan
of the Town of Lawn, 2018 - 2028.
The territory subject to this Municipal Plan is bounded by segments of the various boundaries of
the Town of Lawn and its protected public water supply area around Brazil Pond, plus an area
lying between the protected public water supply area and the town boundary. The Minister of
Municipal and Intergovernmental Affairs (as the relevant Minister was then called) defined the
Lawn Municipal Planning Area by Regulation 77/14 pursuant to the Urban and Rural Planning
Act, 2000, on 27 August, 2014.
2.2 First Municipal Plan; Review and Amendments
This d0cument and the four maps contained with it form the Municipal Plan of the Town of
Lawn, 2018 - 2028. It has been prepared in accordance with the Urban and Rural Planning Act,
2000. Upon completion of the required steps to bring it into legal effect, it will become the first
Municipal Plan for the Town of Lawn.
The policies and land use designations described in this Municipal Plan are not intended to
remain static but are subject to continuous monitoring and alteration as required in the light of
changing economic, social, and technological developments, as well as at the required five year
reviews.
Planning for the Planning Area should be seen as an ongoing process, not done with a "do it once
and then it's done forever" attitude. In that regard it is similar to all municipal government
administrative tools and procedures. Councils must cope with ever-changing circumstances and
visions of what might be. This Municipal Plan will eventually become out of date, calling for a
general review, and from time to time sudden circumstances will necessitate a carefully
considered ad hoc amendment.
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Municipal Plan for 2018-2028, Town of Lawn
I Approved by Council 10 November 2020
2.3 Purpose and Effect of a Municipal Plan
A Municipal Plan guides growth and development within a Municipal Planning Area. It
provides a means of preventing problems that could occur if conflicting land uses are developed
too close to each other or in a manner adversely affecting the social and economic development
objectives of Council. It directs future growth so that it occurs in a manner whereby social and
economic development efforts are supported and municipal services and land resources are used
most efficiently. By doing so, it should minimize or prevent unnecessary increases in servicing
costs that can result from development becoming needlessly spread out, and ensures that aspects
of land development such as safety, aesthetics and environmental protection are given proper
consideration when administering applications for development approval.
This Municipal Plan has been prepared subsequent to the preparation in 2010 of a special
purpose document, an Integrated Community Sustainability Plan (ICSP). That Plan is a
document prepared in accordance with a requirement that municipalities prepare an ICSP in
order to qualify for revenue from the Gasoline Gas Tax Fund, pursuant to the Gas Tax
Agreement signed between the Province and Local Governments. The results of the research
and public consultation processes involved in preparing the ICSP were very useful in developing
this Municipal Plan, as many topics and interests are common to both. However, the Integrated
Community Sustainability Plan is not part of this Municipal Plan, nor is it subject to the statutory
status and procedures affecting Municipal Plans.
The Municipal Plan presents legally binding statements regarding the Town's intentions with
respect to the location and manner in which development within its Municipal Planning Area
shall take place. The maps show the Municipal Planning Area divided into various land use
designations. Within each one only specified kinds of development may take place.
The Municipal Plan is a legal document, binding upon Council and any person or group using or
proposing to use land anywhere within the Municipal Planning Area. All development must
conform with the applicable policies of the Municipal Plan after the date upon which it comes
into effect.
When a Municipal Plan comes into effect, the Council is required to provide for its
administration in conjunction with the town's Development Regulations. The Development
Regulations are written in conformity with the Municipal Plan in the form of land use zoning,
subdivision, and advertisement (signage) regulations. After adoption by the Council, these
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Municipal Plan for 2018-2028, Town of Lawn
I Approved by Council IO November 2020
regulations must be submitted to the Minister for approval in like manner to the process for
Municipal Plans.
Development Regulations must comply with the requirements of the Urban and Rural Planning
Act, 2000, and standard Provincial Regulations have been developed to form the basis of certain
parts of these regulations for uniformity across the province. The standard regulations currently
are Newfoundland Regulation 3/0 I, which came into force on January 1, 2001.
2.4 Administration
The day-to-day administration of the Municipal Plan and the associated Development
Regulations is in the hands of staff members, as authorized by the Council. Staff have the duty
of issuing all necessary permits approved by Council and providing advice to Council in
accordance with the Municipal Plan policies and Development Regulations regarding all
development in the Municipal Planning Area.
Before any land development can take place, an application must first be made to Council for
permission. Development may take place only after Council has reviewed the application and
granted approval. Anyone who fails to follow the required application process or who otherwise
violates the Municipal Plan or Development Regulations can be prosecuted and may be ordered
to remove any illegal structure and restore the site and buildings on it to their original state.
An application to develop must be made on the proper application form prescribed by Council.
All ap1Jlications must show as accurately as possible the location of the site of proposed
development and include a plot plan showing the location of existing and proposed buildings and
structures on the proposed site.
Council will consider the application to determine whether or not it conforms with the
requirements of the Development Regulations and the policies of the Municipal Plan. Some
proposed developments will fall in the "permitted" category of approvals, in which case if it
confom1s Council will approve the application and inform the applicant and state any conditions
that may apply. Other proposed developments may fall in the "discretionary approval" approval,
where Council can exercise its discretion in deciding whether to approve. In either case, if the
proposed development does not conform to the Municipal Plan or Development Regulations, the
application must be refused.
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Municipal Plan for 2018-2028, Town of Lawn
I Approved by Council IO November 2020
Any applicant who is dissatisfied with the decision of Council may appeal to an Appeal Board as
specified in the Urban and Rural Planning Act, 2000. Approvals can also be appealed by
interested parties. The Appeal Board will either confirm the decision or require that Council's
decision be varied or reversed.
Council has authority to grant a variance to a proposed development which does not strictly
comply with the development standards. However, the proposed development must confo;m to
the general intent of the Municipal Plan. A proposed development must not change the
permitted land use, or negatively impact on adjoining properties.
Further to observing the role of Council, readers are reminded that permits or approvals may also
be required from the Province of Newfoundland and Labrador. This function is administered by
Service NL, a provincial government agency. Prospective bu!Jders are encouraged to inquire st
their nearest office to determine requirements, if any.
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Municipal Plan for 2018-2028, Town of Lawn
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3.0 HISTORY AND ECONOMIC DEVELOPMENT
Planning for a community should be respectful of, and knowledgeable of, the history and the
economic development of the place. More comprehensive accounts of economic and social
conditions and prospects are given in the ICSP, which could be read as a companion document to
this report.
3.1 History
Lawn is a small community located on the Burin Peninsula, which projects from the southeast
part of the island of Newfoundland. It is well over a three hour drive from the provincial capital
of St. John's. The nearest principal town is Marystown, about 50 km distance, less than an
hour's drive. The location relative to other communities on the Burin Peninsula and the French
islands of St. Pierre et Miquelon may be appreciated in the map appearing below:
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Source: Natural Resources Canada website
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Municipal Plan for 2018-2028, Town of Lawn
I Approved by Council 10 November 2020
As there is not a great deal of written material concerning the origins of the community, the
following has been drawn from Wikipedia, and this account is similar to other descriptions in the
provincial tourism guide website.
The community is spread around a small harbour in a relatively lush valley. According to one
local tradition it was this lushness that inspired Captain James Cook during his Newfoundland
explorations to name the place Lawn Harbour. But it has also been speculated that a Frenchman
named the community after a doe caribou that he spotted there.
Prior to 1763 the English and French were constantly at war with each other. These wars took a
toll on both nations as they fought for control of various colonial possessions, including
Newfoundland. They agreed to divide the island into two zones in which they were permitted to
prosecute a summer fishery. The Burin Peninsula was part of the "French Shore" in which the
French had exclusive fishing rights. In the 1760s the British gained the upper hand and finally in
1763 the French were defeated.
The Treaty of Utrect signed in 1763 forced the French to abandon all territorial claims on the
island of Newfoundland. The only possessions they were permitted to keep were the islands of
St. Pierre and Miquelon. The banishment of the French made permanent settlement much more
attractive in Burin Peninsula communities such as Lawn.
The most important factor in the community's economic base was the cod fishery which made
Lawn a very viable fishing settlement. The demise of the cod fishery came in the 1992
moratorium on commercial fishing of that species, and the impact on communities all around the
province was profound. The subsequent years saw struggles throughout the province to preserve
employment opportunities in all fishing communities, and the quest to diversify and strengthen
the economy continues.
3.2 Economic Development
It is important to understand the relationship between the state of the local economy and
demographics, as these are the fundamental matters affecting the future of the community. It is
well known that the populations of most areas of Newfoundland island outside the capital city
are declining in numbers and generally aging. The Town of Lawn is no exception: the latest
available numerical data is from the 2016 Canadian Census, wherein the population for the town
was determined to be 624, a decline of7.l % since 2011.
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Munidpal Plan for 2018-2028, Town of Lawn
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[tis helpful to see a longer time line and what other communities in the broader area are
experiencing. The following data for the Burin Peninsula is drawn from Statistics Canada census
data:
Burin Peninsula Census Po 1mlations 1991-2011
Community
1991
2001
2006
2011
2016
% change
2011 - 2016
Lawn
1,005
790
705
672
624
-7.1%
Grand Bank
3,528
2,841
2,580
2,415
2,310
-4.3%
Marystown
6,739
5,908
5,436
5,506
5,316
-
3.5%
Burin (Town)
3,259
2,712
2,483
2,424
2,315
-4.5%
St. Bernard's-
852
657
525
470
433
-7.9%
Jacques
Fontaine
Fortune
2,177
1,615
1,458
1,442
1,401
-2.8%
St. Lr.wrence
1,743
1,558
1,349
1,244
1,192
-4.2%
Census Division 28,495
24,371
22,298
21 ,351
20,372
-4.6%
2
Note: Census Division 2 is all of the Burin Peninsula up to but not
including Clarenville.
It can be seen that Lawn is experiencing somewhat greater population losses compared to other
communities in the region. The larger centres of Marystown, Grand Bank and Fortune are
declining at a lesser rate than the regional average. Lawn and St. Bernard's-Jacques Fontaine are
losing the most. Nevertheless, there are good numbers of other small communities around the
province who are declining more rapidly, and the comparisons vary from one census period to
the next-the 2011 numbers were about average in comparing Lawn to others.
The reasons for the demographic trends are well known: declining birth rate, outmigration to
other areas in search of employment in one's skill, young people leaving for education and not
returning, and limited job growth in emerging businesses and institutions. These factors operate
throughout the rural areas of the province, and vary only in degree. The general trend is that
employment and population are concentrating in the larger urban centres.
It must also be recognized that factors influencing population change and the local economy do
not operate on the scale of a community alone but rather in a larger regional setting. The
economic factors affecting the Town of Lawn do not operate in isolation from its neighbours on
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Municipal Plan for 2018-2028, Town of Lawn
I Approved by Council 10 November 2020
the Burin Peninsula, as it is feasible for community residents to commute daily to employment
anywhere on the Burin Peninsula.
Although the fishery continues in a diminished form and is focused on different species and
processing methods, its future strength and structure are evolving in an uncertain path. The
community of Lawn and similar places on the Burin Peninsula are within commuting distance of
the marine industrial centre at Marystown and the remaining fish processing plants such as the
plant in Grand Bank. Lawn does have a number of diverse local enterprises in addition to the
fishery: construction, education, business and personal services, though lacking are
manufacturing, finance and real estate, and wholesale trade.
Industrial development unrelated to the fishery or indeed any natural resources is taking place,
such as the Dynamic Air Shelters Ltd factories opened in Grand Bank and Fortune. There is also
discussion ofre-opening the mine in St. Lawrence and the continued strength of the offshore
hydrocarbon industry and marine activity speak well for the future of the marine industrial
activity in Marystown.
There is recognition that the proximity to the French islands of St. Pierre et Miquelon and
ecotourism assets represent real opportunities to draw more visitors to the area. Also, among
other assets in the Lawn area is that of the only known North American colony of Manx
Shearwater, a nocturnal seabird, which has been declared a Provisional Ecological Reserve. The
colony, about 100 birds on Middle Island off the coast of the Burin Peninsula near Lawn, now
falls under the protection of the Lawn Islands Archipelago Provisional Ecological Reserve.
Other assets related to ecotourism, such as development and promotion of hiking trails and
heritage sites, are found on the southern half of the Burin Peninsula, which represent a potent
resource upon which to build.
Finally, and very importantly, a substantial number of people work away from their home
communities, commuting on a longer work cycle to opportunities outside the province and in the
capital region. Although the incomes brought to the home communities is very important, an
unfortunate side effect is that the social fabric of the community is weakened, as some adults
who travel away become naturally not much connected to the events and organizations at home.
Though these factors and examples give reason for optimism, the fact is that the local economy
has never recovered from the decimation of the fishery, but has stabilized in a different form.
Local efforts in each community and the efforts of regional economic development groups and
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senior governments will need to be vigorous and sustained in order to maximize opportunities
that do exist.
The forward look in the short run is not likely going to be much different-it will be a matter of
degree and not of general trend. So much depends on the continuation or improvement of
employment opportunities in existing industries and services, and that is difficult to forecast
other than to say that there is some reason to be optimistic.
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4.0 KEY FACTORS INFLUENCING MUNICIPAL PLAN POLICIES
Successive Councils have to date not set in place a Municipal Plan and Development
Regulations. The availability of some land in the town for development and a limited demand
for building lots for many years created a situation in which land use planning and servicing
were not seen to be particularly important or feasible. General economic conditions and other
factors resulted in only a limited amount of development, and it was largely accommodated on
existing streets and services.
As the desirability of municipal water systems and sanitary sewerage became evident for r,ublic
health reasons, and resources for these systems became available, many communities installed
central water and sewer services. In the case of the Town of Lawn, practically all of the built-up
area of the Town was serviced with central water and about 60% with central sewer. Although
this enabled development of new housing and other land uses on water and sewer services by
way of infilling, the demand for new housing or business development was not great. However,
recent years have seen a somewhat different situation emerge.
More recently, the demand for residential building lots and serviced lands for other uses, such as
a new school, has almost exceeded the potential for infilling on existing streets and services. The
Town has become involved in acquisition and servicing of land for a residential subdivision on a
newly constructed street, Shamrock Drive, and it is quickly being developed.
Demand for lots which may be now serviced with water but not with sewer is likely, and there
needs to be a plan for dealing with extending and improving sewer service to complement
existing water service, or alternatively, to consider development served by only one or the other,
or neither, of the central services. There are credible reasons to expect that the Town will feel
more pressure to support and regulate new development within the serviced limits of the Town,
and failure to plan ahead for servicing will lead to uncertainty and ad hoc decision making.
Over the years, economic conditions steadily improved and -the feasibility of commuting to
nearby communities was facilitated by good roads. The recent evolution of the potential for
residents to maintain a home in Lawn and work at places far away on long rotations has enabled
a number of people to be able to live in Lawn and work away. These factors have made it more
attractive to live in Lawn and the evidence is at hand that these factors are resulting in genuine
demand for more serviced land. Also, there is a substantial potential to operate home businesses,
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and residents should be encouraged to do so. However, the balancing act which must be decided
upon is that of maximizing that development potential while at the same time not allowing
development which would significantly take away from the peaceful enjoyment of residential
living in the community.
The continued improvement of existing properties and buildings in the town is seeing more
develooment of secondary buildings, outdoor storage, fences, and parking of motor vehicles in a
form more intense than has been experienced in earlier years. There has been some pressure to
deal with these matters through development control of the type best addressed by Development
Regulation provisions for things such as setbacks from streets, off street parking, home
businesses, and outdoor storage of commercial commodities including scrapyards.
The Town has recently improved its water supply by development of a new water supply area,
the Brazil Pond water supply area. Although that area is already under provincial government
regulation controlling activities and development in that area, there is a felt need to add
municipal controls to strengthen the protection of the supply. However, water quality is an
ongoing issue, which the Town is endeavouring to address through measures such as the
installation of a Potable Water Dispensing Unit (PWDU) to provide high quality potable water to
those who wish to avail themselves by means of collecting it from a central dispensing point.
Though at present there are no registered heritage properties in the community, it would be
desirable to consider the possibility. If and when registrations may be made, Council should
consider the impact which proposed new development may have on those in close proximity.
All these considerations call for the systematic and professional planning and control of
development through the readily available mechanism for doing so, ie: through a Municipal Plan
and Development Regulations.
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5.0 GOALS AND OBJECTIVES
5. 1 Council's Vision, Goals, Objectives and Policies
The ICSP indicates that a suitable vision for Council of the Town of Lawn is as follows:
"Lawn will be a family-oriented community that provides for all its citizens, equally. It
will be a town whose citizens will be engaged in the protection of their heritage, natural
resources and sensitive areas. Council will provide essential and affordable services,
opportunities for economic diversity and stability, and continued personal development.
The social and cultural networks within the community will strive towards full cultural
appreciation for the rich heritage of the town by engaging residents in conservation and
awareness practices. "
While a vision is a useful statement in that it expresses the most basic motivation of the visioner,
it is not much use unless it leads to a systematic scheme in which its broad spirit is translated into
specific actions. This is accomplished in a hierarchy of subordinate statements, descending
through goals, objectives and policies.
Goals are frequently employed as the essential foundation for any planning endeavour, whether it
is a personal career, a community plan, or a corporation's growth and facility strategy. It is the
"big picture" statement to which objectives relate. Objectives are the broad statements of
intended actions which will be taken to achieve the objective. Policies are the specific actions
that are taken to achieve the objective.
By way of example in the Lawn case, one goal is to enhance the quality of the environment and
natural resources in rural areas, and an objective to follow from this goal is to recognize only
agriculture, forestry and conservation uses as properly located there. The complementary policy
is to be willing to neither encourage nor discourage development and use of lands in rural areas
outside of the urban core, and consider a wide variety of other possible uses in the rural area as
subject to special scrutiny, ie: to evaluate each development proposal to determine environmental
effects and set development standards to reduce or eliminate any negative impacts and protect
public safety and all amenities.
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5.2 Goals and Objectives for the Town of Lawn
The Town of Lawn's goals and objectives in this Municipal Plan are as follows:
A) Employment and Economic Development
Goal:
Objective:
To encourage institutional, commercial and industrial activities
that will meet and sustain the community's employment needs and
provide needed goods and services, and in particular to press for
strengthening the economic base and employment opportunities in
the Town.
a) To generally use the Regional Strategic Economic Plan for
2011-2014, by the Schooner Regional Development
Corporation, as the strategic plan for social and economic
development of the Town of Lawn, and further to work
constructively with all available agencies whose role includes
fostering economic development of the community, to that end.
b) To support and promote the development and improvement of
the fishery and all other local businesses and institutions, by
advocating for policies and actions by senior governments and
businesses which would support and strengthen the position of
local fishers and shore based employers of all kinds.
f) To provide for considerable flexibility in, and prompt
administration of, the Development Regulations affecting the
built-up area of the community, such that opportunities for
home businesses and commercial and light industrial activities
of all sizes can be accommodated, while providing for scrutiny
of each case to prevent unacceptable outcomes.
B) Vatued Natural Areas and Heritage Properties
Goal:
To establish, preserve and improve valued natural spaces, heritage
properties and interpretation of local history and culture, and
recreational trails and areas, to sustain and enhance the natural and
cultural resources related to economic development and to preserve
and improve the same as amenities and to sustain Lawn's cultural
legacy.
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Objective:
a) To consider any proposals to register heritage properties which
may come forward in the future, and to support those deemed to
have merit.
b) To respect the value of archaeological resources which can be
revealed or damaged during development, and to require
proper notification to authorities for review before applications
are approved.
c) To ensure ready public access to, and accord protective status
and support to, local interpretation centres, museums, valued
trails and natural landscapes, and other heritage and cultural
assets when considering development applications.
C) Urban Growth and Services
Goal:
Objectives:
To provide for orderly growth and development within the
Municipal Planning Area, and safeguarding the social, physical
and economic well-being of its residents.
a) To use this Municipal Plan to guide Council's exercise of
powers and responsibilities for the provision of services, the
allocation of land uses, and the general development of tlie
Town.
c) To regulate new development so as to encourage economic
development and to preserve and enhance positive features
reflecting the heritage and amenities of the community, while
also recognizing natural constraints and limitations, in order to
improve quality of life in the community and protect life and
property, and to minimize effects on the natural environment.
d) To ensure that buildings and structures of new construction
will be built to today's codes and good practices. Derelict
buildings or substandard structures will not be tolerated. Town
water and sewer services will not be connected to derelict
buildings nor will driveways onto town streets be permitted to
provide ong-going access to them.
e) To promote compact development of the community within a
defined urban area, including areas designated for expansion of
the current network of streets and services.
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f) To use the engineering report Town of Lawn: Report on Water
and Sewer System Improvements, 1999/2000 by Newfoundland
and Labrador Consulting Engineers Ltd. as a guide for
prioritizing public works and developing capital works plans,
and to diligently accomplish the numerous components
recommended, as resources permit.
g) To provide for efficient and prompt decision making on
development applications by making the Development
Regulations concisely written and so as to deal with as many
development decisions by way of standard requirements and
discretionary approvals as possible, which enables quick
approval where conditions are met.
D) Housing and Social Conditions
Goal:
To endeavour to alleviate barriers to the wellbeing of residents and the
overall quality of life in the community, with respect to health, education,
justice, public safety and recreation.
Objectives:
a) To support and encourage development of suitable programs to
assist individuals who are at risk of adoption of undesirable
lifestyles.
b) To endeavour to provide selected recreation activities and
facilities as municipal programs, and to encourage and where
possible assist other publicly available recreation programs
operated by others. Recognizing that there is a heavy reliance
on volunteers to staff most organized activities, whether at
Town facilities or otherwise, the Town will encourage and
support these efforts in any way possible.
c) To recognize the need for alternative housing for seniors who
are in unsuitable housing or require some level of assisted
living, to make it possible for seniors to remain as independent
and in their own community as is feasible, and to advocate this
need with senior governments and agencies who can assist.
d) To act to ensure that housing is designed, sited and constructed
to meet the particular local conditions and needs of residents of
the Town and to facilitate efficient development of available
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land resources through a wide variety of housing forms.
Further, to develop flexible regulatory requirements to
facilitate subdivision to maximize the potential of available
lands for development, such as providing for flag lots and bare
land condominium and perpetual lease and easement
arrangements to provide legal access to developable land lying
behind existing structures or in physically restricted locations.
e) To support local health and social services agencies in their
work to provide proper and timely care.
f) The Town will work toward having and maintaining a high
quality emergency response services in the form of the local
fire department and regional ambulance and RCMP services.
E) Environment and Natural Resources
Goal:
Objectives:
To protect and enhance the environment and natural resourcP-s of
the Municipal Planning Area.
a) To limit development and use of lands in areas outside the
urban core, or which are in protected water supply areas, to
those uses which are better located in rural areas. Further, to
neither encourage nor discourage development in rural areas,
but to consider at Council 's discretion a wide variety of other
possible uses there such as tall antennas, tall wind turbines,
scrapyards, mineral workings, and aviation facilities.
b) To take part in the evolution of the solid waste management
system now underway through the solid waste management
authority, in which the Town and neighboring municipal
governments are partners.
c) To work with relevant agencies to establish progressive and
responsible programs so as to minimize environmental impact
and maximiz~ waste diversion and recovery of the resource
values in solid waste and encouragement of backyard
composting, community gardening, and energy efficiency.
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d) To systematically investigate the opportunities to improve
energy efficiency in Town buildings, water and sewer system
mechanical equipment, street lighting and mobile equipment.
d) To continue the vigilance and development control related to
the area falling under Protected Water Area regulations, ie: the
Brazil Pond water supply area.
e) To encourage and support the efforts of local development
groups to develop the geo-tourism and environmental ethic
themes by good stewardship and publicizing of efforts and
successes in this regard.
f) To prohibit infilling of water bodies except for the purpose of
carefully regulated wharves, stages and similar marine
structures for which the design will minimize their footprints.
g) To include requirements in the Development Regulations
concerning natural hazards such as landslides and concerning
the effects of climate change, such as sea level rise and coastal
erosion.
F) Transportation and Highway Safety
Goal:
Objective:
To work to provide a safe and efficient transportation network to
move people and goods into, out of and throughout the Municipal
Planning Area.
a) To develop a list of priorities for road improvements in the
Municipal Planning Area and work toward maintaining the
public streets and highways in good condition.
b) To seek improvements in existing traffic safety, such as traffic
signs and clearing sight line obstructions at intersections.
c) To study the street lighting provided by the Town to identify
areas where lighting is insufficient to enable safe and
convenient pedestrian traffic.
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G) Electrical and Telecommunications Services
Goal:
Objectives:
H) Municipal Finance
Goal:
Objectives:
To strive to have high quality, economical electrical and
telecommunications services which meet local needs effect!vely
and efficiently.
a) To advocate to carrier companies the need for modern
telecommunications services for all community households and
businesses, including upgrades as needed to provide them with
services on an equal basis with other areas.
b) To value the presence of the local hydroelectric generati0n
plant, as it adds to the sustainability of electrical services for
the community and all electricity customers served by the
utility.
To effectively manage the financial resources and commitments of
the Town.
a) To implement municipal improvements which match both the
policies and priorities of the Municipal Plan and the financial
capabilities of the Town.
b) To improve the cost effectiveness of municipal servicing by
encouraging compact, carefully planned serviced development,
through infill and proximity to existing services where capacity
for extension exists.
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6.0 DEVELOPMENT CONCEPT AND POLICIES
This section presents the policies concerning development in the Planning Area, including
descriptions of reasons for the selected approaches to key issues, all of which is to implement the
statements of goals and objectives in Part 5.0 of this Municipal Plan. The first part describes the
general approach to regulation of development, followed by more detailed descriptions and
policy statements applicable to the several areas designated on the Future Land Use Maps which
form part of the Municipal Plan, plus policies applicable to all areas.
The great majority of existing development in the Town is found in a fairly compactly developed
form around the harbour. The limits to the developed area were defined in the early days by
challenging topography and the presence of the water supply area immediately on the outskirts of
the community, and by the sea. In the days before heavy earth moving equipment and blasting
enabled economical levelling and drainage of land, much of the development of structures
occupied the constrained area where structures could be set up and yet have convenient access to
the harbour. The reason is easily understood, as the early fishers selected places where natural
marine and onshore features enabled both safe harbouring of boats and sufficient land for the
related onshore activities to do with the fishery, as well as for residential settlement. Only in
later years when roads were developed between communities, in conjunction with the coming of
motor vehicle, did the reliance on transportation by water cease.
In the economic conditions expected to prevail over the next decade, creation of employment and
attraction of investment are essential to the sustainability of the community. In order to
encourage and put minimal barriers in the way of economic development opportunities, the
planning policies will provide for considerable flexibility in considering light industrial,
institutional and commercial development in the. built up area of the community, excluding only
those uses which would generally be seen as obnoxious or disturbing uses such as scrapyards or
livestock feedlots, or, development which would be aesthetically out of place in certain locations,
such as very large scale structures. As such, most the built up area of the community will be
designated as Mixed Development to reflect the intended approach to development. That area is
expected to develop through infilling of development on available lots and the subdivision of
new lots both within the core of the area and on its periphery as streets are extended.
Further to that general approach to most of the built up area, the area along Highway 220 which
is suitable for larger scale or more obtrusive industrial, institutional and commercial
development will be reserved primarily for those uses. That area represents practically the only
area in the community where those uses can develop somewhat separately from the rest of the
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community, and that area will therefore be designated Commercial-Industrial-Institutional. In
much the same light, the Sandy Point marine industrial area will be designated as Marine
Industrial, and used only for marine uses, as there is no other land in the community which is or
can be available for those uses that require direct access to salt water, if and when they present
themselves.
The Brazil Pond Protected Water Supply Area will be designated as such, and extremely
protective requirements will be imposed to protect it as much as possible. The reason is obvious,
as water supply is a fragile and critically important resource for most communities. The
community has already switched from one water supply area (the North East Brook watershed)
to the current one, and there are no other readily available catchment areas to substitute for
Brazil Pond.
The remaining areas in the Planning Area will be designated Rural. Development in these areas
will be limited to those uses which should be located in rural areas, such as commercial farms,
tall antennas, and tall wind turbines. In addition, there will be some demand for development of
remote cabins (or permanent dwellings) and other uses away from the built up area of the
community. Though the Town has no objection to these developments in the Rural area, it is not
the Town's intention to provide municipal services or assistance outside the core of the
community, ie: outside the Mixed Development, the Commercial-Industrial-Institutional, and
Marine Industrial areas.
Regulation of wind turbines and antennas is needed to ensure that appropriate locational criteria
are in place to mitigate environmental and other concerns, such as aesthetic acceptability related
to proximity to residential areas. Briefly, the concerns essentially focus on noise, safety and
aesthetics. Wind turbine noise is related to the sounds of the machinery in the wind turbines as
well as the sound of the wind impacting the blades and towers. A typical science-based
approach is to require that the noise from wind turbines should not exceed normal background
levels. Safety concerns relate mainly to small units, as safety is largely related to ice shedding
from the blades, and large turbines are generally required to be set back a safe distance because
of noise considerations.
Aesthetic considerations for wind turbines and antennas are quite subjective, but not to be
discounted: some wind turbines can reach as high as 100 metres from ground to the tip of the
top blade when they are vertical (tower height of 50 or more metres plus blade length currently
of up to 42 metres), and antennas can be considerably higher than that. The Development
Regulations should include provisions which provide for the opportunity for development of
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wind turbines and antennas, in view of renewable energy benefits and a need for modern
telecommunications infrastructure, while also respecting the desire to mitigate or minimize
substantial intrusion. The different treatment of tall versus short units will be provided in the
Development Regulations.
Very little of the Rural area abuts Highway 220, which is a protected road under regulations
promulgated by the provincial government. However, once such a protected road comes under
municipal planning jurisdiction, ie: inside a Planning Area, the protected road regulations no
longer apply. This means that development of any type permitted by the Town of Lawn can take
place there. In keeping with the "no objection, but no assistance" approach, this will require that
the proponents themselves must deal with permits and costs for on-site water and sewer systems,
driveway access to the highway, electrical service, and the like.
6.1 Mixed Development Area
The following policies will guide growth and development in the Mixed Development
area (see Section 9.3 for an explanation of the use of the terms "group", "division" and
"class" when referring to types of development):
1)
It is the intention in this Plan to permit development in this area, in the:
2)
a) single dwellings (which includes home businesses) class,
b) business and personal service group, up to a moderate size,
and to consider, on a discretionary basis, all other uses except for those in
the agriculture, forestry, mineral working, scrapyard, solid waste, and
animal classes.
The Mixed Development area boundaries are designated on the Future Land Use
Maps. For clarity, this area includes all of the built up areas in the community
other than the Commercial-Industrial-Institutional area on Highway 220 and the
Marine Industrial area at Sandy Point. As it is expected that new streets and
development will be extended into surrounding areas, the boundaries of the Mixed
Development area may be revised by amendments to the Development
Regulations without necessity of amendment to the Municipal Plan itself.
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3)
Policies for consideration of discretionary approvals in the Mixed Development
area include:
1. A full range of residential uses will be considered. Higher density
residential type uses will be required to fit in with the scale of the existing
low density residential uses. Specialized housing for seniors and group
homes, as well as development of residential uses in more than one
building on a lot, or subsidiary apartments in a dwelling, may also be
permitted at Council's discretion.
11. Non-residential uses must be comparable in floor area and building mass
to surrounding residences where they are in very close proximity to them,
and will be limited to those that will not be a hazard or aesthetically
offensive to residences and will be separated an adequate distance from
residences. Limited outdoor storage and other similar activity related to
the main use may be permitted provided it is adequately screened from
sight. Larger scale developments of these types will be subject to a more
rigorous scrutiny and higher standards of mitigating features, as they have
the potential to introduce significant adverse effects in the area.
iii. Although this is not a mandatory direction, large scale industrial
developments of any type would generally be more favourably viewed if
located in the Commercial-Industrial-Institutional area unless their
purpose requires transport access directly to the ocean, in which case the
Marine Industrial area would be preferred.
1v. Tall wind turbines and tall antennas will not be approved (definition of
sizes will be detailed in the Development Regulations).
6.2 Commercial-Industrial-Institutional Area
The Commercial-Industrial-Institutional area designation is applied to lands as shown on the
Future Land Use Maps. Regulation of that area is intended to permit commercial and industrial
land uses of a wider variety than those listed as permitted uses in the Mixed Development area,
and to limit development of low density residential uses to sites which would not be practical for
development of permitted uses.
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The following policies will guide growth and development in the Commercial-Industrial-
Institutional area (see Section 9.3 for an explanation of the use of the terms "group", "division"
and "class" when referring to types of development):
1)
It is the intention in this Plan to permit development in this area in
the:
a) assembly group,
b) institutional group,
c) residential dwelling division if the proposed site is not
practically useful for non-residential uses
d) general residential division
e) business and personal service group,
f) mercantile group
g) industrial group
and to consider, on a discretionary basis, all other uses except for
development in the mineral working, scrapyard, and solid waste
classes. Tall wind turbines and tall antennas will also not be
approved (definition of sizes will be detailed in the Development
Regulations).
2)
Boundaries of the Commercial-Industrial-Institutional area may be revised
by "stand alone" amendments to the Zoning Maps in the Development
Regulations, having the effect of changing the Zone applied to lands in
some of the abutting Mixed Development area to the Commercial-
Industrial-Institutional Zone concurrently, without necessity of
amendment to the Municipal Plan, to enable development in said abutting
lands of uses permitted in the Commercial-Industrial-Institutional area,
where there are negligible adverse effects in the vicinity of the area so re-
zoned.
6.3 Marine Industrial Area
The Marine Industrial area designation is applied to lands at Sandy Point as shown on the Future
Land Use Maps. Those lands are owned or controlled by the Harbour Authority and have been
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serviced and infrastructure has been constructed to support marine industry. Those lands thus
are intended to function as the primary location for industries related to marine activity, ie: which
require direct access to salt water, including but not limited to the fishery, shipping, boat building
and repair, small craft berthing, and ocean-oriented recreation and tourism.
The following policy will guide growth and development in the Commercial-Industrial-
Institutional area (see Section 9.3 for an explanation of the use of the terms "group", "division"
and "class" when referring to types of development):
1)
It is the intention in this Plan to permit development in this area in the:
a) transportation class,
b) industrial group,
c) mercantile group if the specific use is related to marine tourism or
chandlery,
and to consider, on a discretionary basis, the wind turbines and antennas
class of the short type (definition of sizes will be detailed in the
Development Regulations), and developments where the maximum
permitted height would be exceeded.
6.4 Brazil Pond Protected Water Supply Area
Protected public water supply areas are subject to provincial government regulations which
severely restrict development in surface water catchments or groundwater recharge zones related
to community water supplies. The Brazil Pond Protected Water Supply area is so protected and
will be so designated in this Municipal Plan and complementary requirements will made in the
Development Regulations.
Only conservation uses shall be permitted. The only discretionary uses permitted shall be public
works and forestry uses related to management and use of the water supply. Forestry activity
must be in accordance with a professionally prepared and approved forestry management plan.
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6.5 Rural Area
Rural !:mds that surround the community are used extensively by local residents for recreational
purposes and provide a source of aggregate material used by the community for construction.
The area includes lands fronting directly on Highway 220 for about one kilometre as well as
properties which are remote from any public highway or street. A number of residential uses
have developed along Highway 220 and on side roads.
The following policy will guide growth and development in the Rural area (see Section 9.3 for
an expl2.nation of the use of the terms "group", "division" and "class" when referring to types of
development):
1) Undeveloped lands surrounding the built up area of the community and within the
Planning Area boundary (other than the Brazil Pond Protected Water Supply area) shall
be designated Rural as indicated on the Future Land Use Maps.
2) Lands designated Rural shall be developed primarily for uses utilizing the area's natural
resources and land uses not compatible with the urban environment. Council will neither
encourage nor discourage development of other uses.
3) It is the intention in this Plan to permit development in this area in the
agriculture, forestry and conservation classes, and to consider, on a discretionary
basis, development of any other uses except for scrapyard and solid waste classes
of uses.
4) Council will evaluate each development proposal to seek assurance that the subject
development would have no more than minimal environmental effect and that conditions
associated with specific cases will mitigate or eliminate any negative impacts and protect
public safety and amenities. The excluded uses are viewed as not compatible with the
attractive appearance and amenity of the rural areas surrounding the town core.
5) Council shall not extend municipal services to any development located in areas
designated Rural. However, a developer may connect to municipal services if they should
be available and have capacity, at his own expense.
6) Regulation of forestry operations, including issuance of fire wood harvesting permits or
participation in resource management more broadly, is a function which the Town wishes
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to undertake, and the Town will over time research the ways and means and develop
procedures and a permitting system to control forestry operations in the Rural area.
7) Wind turbines and antennas are permitted at Council's discretion, but tall wind turbines
and tall antennas shall be located at least 1.5 kilometres from the boundaries of other
designated areas (definition of sizes will be detailed in the Development Regulations).
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7.0 GENERAL REQUIREMENTS
7. 1 Areas Affected
Unless otherwise stated, the following policies apply throughout the entire Planning Area:
7.1.1 Natural Hazards to Building
The following policies are intended to prevent or mitigate exposure to hazards of landslides, rock
falls, avalanches, flooding, coastal erosion and climate change:
1) Professional review and advice will be required for Council to evaluate any proposal for
the erection of a structure on a site which is potentially subject to natural hazards
including flooding, sea level rise, coastal erosion or any other physical hazard near
watercourses and the sea;
2) The specific requirement concerning sea level rise and coastal erosion is that new
development must be above the current 2 metre contour, and set back at least 30 metres
from the seashore to provide a buffer against coastal erosion, except development
needing direct access to salt water and the following may be approved at Council's
discretion:
a. public works and utilities;
b. municipal park;
c. mineral exploration.
3) Any proposal for development of a site having a slope in excess of 15% must be certified
by a geotechnical professional engineer as having low risk of landslide, avalanche, and
rockfall;
The Development Regulations will detail the specific requirements in regard to the policies.
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7 .1.2 Municipal Services
Some of the costs of running a municipal government are proportional to the overall length of
publicly maintained roads that must be upgraded, maintained, provided with street lights, water
and sewer services and electric utilities. Generally, the more spread out a settlement becomes,
the more these costs increase. Council intends to keep these costs from increasing through
implementation of the following policies:
1.
Vacant land and sites made suitable for infilling due to installation of municipal water
and sewer servicing are intended to be almost fully utilized before public infrastructure services
may be extended to new areas.
2.
All new streets must connect to another street where possible, preferably in a loop
pattern, and dead end streets shall terminate in a cul-de-sac.
3.
An industrial or non-building use presently located in a predominantly residential area or
along a serviced road, and which does not require municipal services, shall be encourage<l to
relocate to an area that is not serviced, so that land that is, or will be, serviced can be used for
more appropriate urban development.
4.
Extensions to the water, sewer and road system which are not part of the Town's capital
works program shall be the financial responsibility of the developer. Nevertheless, any such
infrastructure which is intended to be conveyed to the Town shall be designed and constructed to
modern engineering requirements, and shall be subject to approval by Council.
7.1.3 Servicing Requirements
1.
All buildings that have or are required to have plumbing systems will connect to the
municipal water and sewer system where available. This requirement does not apply to
redevelopment of uses on lots that are not connected to available municipal water and sewer
system unless Council determines the development should not be permitted unless it connects to
the municipal water and sewer system.
2.
With the exception of land uses associated with agriculture, forestry, saw milling, mineral
workings or other resource or similar uses for which street frontage would be unnecessary or
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undesirable, all buildings shall have the appropriate frontage on a publicly owned and maintained
street, unless other policies and requirements of this Plan specify otherwise.
7.1.4 Streets
I.
Local streets will be designed to maximize the safety and efficiency of vehicular and
pedestrian traffic
2.
After installation of water and sewer services it is intended that all public streets will be
maintained in good condition by the Town.
7.1.5 Property Maintenance
1.
All properties shall be maintained in clean and orderly appearance. The exteriors of
buildings, particularly commercial properties and any business catering to tourists, as well as
yards and grounds, shall be properly finished and maintained to the satisfaction of Council.
Owners of dilapidated structures shall be required to repair them or remove them if they present
a safety hazard, on Council order pursuant to the Municipalities Act, Section 404.
2.
Council will ensure that buildings and property owned by the Council are well
maintained and landscaped, where possible, as a general example to the community.
3.
Wrecked or inoperable vehicles, machinery, debris, or equipment of any kind shall not be
stored or abandoned where it may be in general public view. Any vehicles or other machines that
have value as a source of replacement parts shall be stored out of sight from streets or adjacent
development, and only at the rear of any buildings on the properties. Owners of such property
shall be required to remedy the offence or remove the items, on Council order pursuant to the
Municipalities Act, Section 404.
7 .1.6 Negative Effects of Development
Where a proposed permitted development is of a size or nature that could in any way have
negative effects beyond the boundaries of the site upon which it is located (such as the creation
of noise, smoke, dust, fumes or unsightliness), Council may hold an advertised public briefing to
ensure interested persons are aware of the potential effects and that their concerns are taken into
consideration before a decision is made on a development application. Screening through such
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means as retention of original trees and other plant growth or erection of fences or any other
measures to render off-site effects acceptable will be required.
7 .1. 7 Development Near Waterbodies
The Development Regulations will require that development will not be permitted within 15
metres of the high water mark of the seashore or any permanent or semi-permanent
watercourse or waterbody within the Planning Area except for the following, and then only with
the approval from the Water Resources Division, Department of Municipal Affairs and
Environment or Federal Department of Fisheries and Oceans:
1. Wharves and docks, boathouses, and sheds to allow for traditional marine operations;
2. Public works and utilities.
7.1.8 Protection of the Natural Environment
Protection of the natural environment is a high priority. The quality of air, land, and water in and
around the community, and aesthetic considerations, are important to the health, culture, and
economy of the area. The role of a Council in this regard is intertwined with roles and
authorities of the governments of Canada and the Province of Newfoundland and Labradm.
The provincial government regulates or provides guidelines for numerous activities concerning
pollution prevention or environmental impact on topics including but not limited to the
following:
a)
Development within 15 metres of a waterbody or watercourse if in a Crown land
reservation;
b)
Discharge of any effluent off the subject property;
c)
Work in any body of water;
d)
Infilling of water bodies or diversion of streams ( usually not approvable if for residential
development);
e)
Construction of wharves, breakwaters, slipways and boathouses as noted earlier;
f)
Infilling or dredging associated with marine structures or other works;
g)
Any development in a protected public water supply area;
h)
Providing waste receptacles in work areas;
i)
Waste diversion actions including recycling, reuse or resale programs;
j)
Open burning of waste;
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k)
Pesticide and halocarbons use, purchase and storage;
I)
Petroleum (including used oil) storage and dispensing;
m)
Effects of climate change; and,
n)
Energy efficiency in buildings.
These matters will be identified in the Development Regulations as a reminder that such
requirements may apply to proposed developments.
Where Council is in a position to act or intervene or make submissions on proposed projects or
policies of senior governments, the following policies will be observed:
1. A proposed development shall not pollute any part of the community. Permission or
consent to develop may be conditional upon measures to prevent pollution. In cases
where expert advice is needed to deal with large or special types of projects where
environmental protection concerns are complex, the proposals will be carefully studied
and as well brought to the attention of the appropriate provincial or federal authorities, or
both, for review and comment.
2.
Garbage, refuse, abandoned vehicles and any other discarded materials of any kind shall
be disposed of only at the waste disposal site approved by the Department of Municipal
Affairs and Environment. Such material shall not under any circumstances be used as fill
for buildings and lots.
3. All development shall be landscaped where possible. The exteriors of buildings,
particularly commercial properties, restaurants, shops and stores, or any business catering
to tourists, shall be properly finished and maintained to the satisfaction of Council.
Owners of dilapidated structures shall be required to repair or remove them if they
present a safety hazard.
4. Where a proposed development is of a size or nature that could in any way have negative
effects beyond the boundaries of the site upon which it is located (such as the production
or creation of noise, smoke, dust, fumes or unsightliness) Council shall hold a public
briefing or otherwise consult with surrounding residents to ensure they are aware of the
potential effects of the proposal and that their concerns are taken into consideration
before any decision is made.
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5. Screening through such means as retention of original trees and other plant growth or
erection of fences or any other measures to render off-site effects acceptable will be
required.
7.1.9 Public utilities
Municipal and public utility works (including associated structures) for such purposes as
provision of telephone, water treatment, pollution control and electric utility facilities may be
permitted at any location throughout the community provided due consideration is given to
potential danger and nuisance, the effect on aesthetics, and provided there are no reasonable
alternatives and then only subject to such conditions as Council sees fit to secure an acceptable
development.
7 .1.10 Archaeology Sites
It is important that archaeological findings are to be respected as they form a key part of the
community's and province's heritage. All applications for development within the community
must therefore be referred to the Provincial Government Archaeology Office for review before
permits for development are approved.
Further, should any artifacts be discovered while approved construction is underway, work is to
stop until the assessment has been conducted. This will be specified in the Development
Regulations.
7 .1.11 Advertisements
All signs and advertisements are to be tastefully presented (in terms of lettering and overall
design), properly situated and well maintained in order to prevent unwanted visual effects, and
must be approved by Council. Obsolete or dilapidated signs may be ordered to be removed.
7.1.12 Fuel Storage Tanks
All fuel storage tanks (larger than 2500 litres) located within the Planning Area shall be reriuired
to have adequate containment and dyking. Council shall require that all new fuel storage tank
installations be approved by the Department of Municipal Affairs and Environment. Council
shall also demand that such fuel storage tanks be inspected annually by the said Department and
a copy of the inspection certificate be submitted to the Town.
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7.1.13 Non-conforming Uses
Existing development which does not conform with the requirements of the Municipal Plan and
Development Regulations may be continued as a nonconforming use. Restrictions shall be
designed to limit its potential for replacement and expansion (to be specified in the Development
Regulations). Where a Non-Conforming Use is causing a nuisance or otherwise infringing on or
preventing allowable development, Council will encourage its relocation or discontinuance.
7.1.14 Home Based Business
Council's policy is to provide for the development of home based businesses to provide an
opportunity for small businesses to be established in conjunction with the residence of the small
business owner-operator.
Home based businesses are small scale businesses that are operated in or from the home or on
the same lot as the home by the home occupant. They are compatible with the home,
surrounding residential character, and surrounding land uses, and can be conducted without any
significantly adverse effect on the surrounding neighbourhood.
The acceptability of a home based business will also depend on the type of dwelling from which
it is proposed to operate. A single dwelling will be able to accommodate the widest range of
home based businesses while an individual apartment dwelling will be able to accommodate only
a limited range of home based businesses.
7 .1.15 Mineral Exploration and Extraction
Undeveloped lands that surround the community core provide valuable resources and are used
extensively by the local community for recreational purposes and resource uses, including
aggregates. They are also the lands where minerals may be found, and the impacts of
exploration and mining may be substantial.
The following policies will apply to mineral exploration and workings:
1. Council shall prohibit all but very small scale mineral workings and related activities
from taking place within general view of developed areas of the community. Unless
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absolutely necessary, existing quarry sites should be exhausted before new sites are
developed.
2. Mineral extraction operations shall be conducted in a manner which will minimize the
adverse effects on water quality, fish and wildlife, and be buffered from adjacent
water supply areas and the Mixed Development areas. All mineral operations will be
required to complete a site rehabilitation plan as a part of the development
application. Council, when issuing a permit for any mineral extraction or mining
operation, may attach such conditions as are in its opinion necessary to properly
regulate the operation. Such conditions in particular may refer to the following
subjects and matters:
-
Landscaping, screening and fencing;
-
Rehabilitation;
-
Noise, dust and pollution control.
7.1.16 Uses Related to Keeping of Animals
People keep animals for a variety of reasons: as pets for the company and enjoyment of the
animals, practically as members of the household, and as economic assets providing food, fur
and other materials as well as labour for the benefit of the owner.
Keeping of pets is rarely a matter of concern in a Municipal Plan, as the activity tends to be self-
regulating; when there is a concern, it generally arises out of public health and nuisance effects
where pets are not properly housed or given appropriate care. In those cases, public health
regulations and other laws enable authorities to deal with the sanitary and nuisance effects, and
municipal planning laws such as the Development Regulations are not intended to be used as
tools to deal with the situation.
The Development Regulations will therefore consider keeping of pets to be an accessory use
where applicable to the main use of a property.
However, when animals are bred, raised or kept for economic gain or in larger numbers than
customarily recognized as accessory uses, it is appropriate to regulate this activity in the
Development Regulations. The Development Regulations will therefore include requirements
related to keeping of animals for agricultural purposes and for pounds, kennels, zoos, veterinary
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· 1
establishments, and sanctuaries. In most cases, keeping of animals for these purposes will be
regulated as discretionary uses; the principal case where such a use will be permitted will be that
an agricultural class and animal class use will be permitted at Council's discretion in the Mixed
Development Use Zone. The Development Regulations will include a requirement that the land
area requirements for such developments be based on the Environmental Farm Practices
Guidelines for Livestock and Poultry Producers in Newfoundland and Labrador.
7 .1.17 Removal of Quarry Materials
Quarry materials produced as a by-product of an approved development may be removed from
the development site provided that royalties are paid to the province as required by the Quarry
Materials Act, 1998. For example, site preparation to construct a building involves removing
topsoil, overburden, and possibly rock from the footprint area; these materials may be retained or
re-used on the development site (no royalties due) or removed from the site (royalties due).
Quarry materials include but are not limited to aggregate, fill, rock, stone, gravel, sand, clay,
borrow material, topsoil, overburden, subsoil, peat.
In order to ensure that royalties due the province are paid, it is necessary that the Department of
Natural Resources be made aware of approved developments where the removal of quarry
materials is taking place or may take place. The Development Regulations will contain a
statement to the effect that Council will notify the Department when such is the case.
7.1.1tj Non-conforming Uses
Existing development which does not conform with the requirements of the Municipal Plan and
Development Regulations may be continued as non conforming uses. Restrictions shall be
designed to limit its potential for replacement and expansion (to be specified in the Development
Regulations). Where a Non-Conforming Use is causing a nuisance or otherwise infringing on or
preventing allowable development, Council will encourage its relocation or discontinuance.
7.2 Policies Extra to Municipal Plan for Information
The policies set out in this Municipal Plan are set out as enabled by the Urban and Rural
Planning Act, 2000. The Town has adopted other policies as enabled by other legislation, some
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of which relate to certain aspects of development. The administration and enforcement of those
other policies do not arise from the Municipal Plan nor the Development Regulations.
In order to minimize the risk of overlooking those other policies when dealing with permitting
under this Municipal Plan and the Development Regulations, the other policies will selectively
be quoted in the part of the Development Regulations which indicate development requirements
applicable to all zones. Amendment or repeal of those policies, or the introduction of new
policies of like kind, do not involve amendment of the Municipal Plan or the Development
Regulations.
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8.0 IMPLEMENTATION
8. 1 Implementation Policies
The policies and proposals of the Municipal Plan for the Lawn Planning Area will be
implemented by the exercise of:
appropriate Development Regulations
(i)
(ii)
research to identify clusters of heritage properties in all communities, and
to devise appropriate policies and actions concerning their preservation
and use;
(iii)
(iv)
(v)
(vi)
(vii)
site plan control for discretionary uses;
a planned sequence of public works;
a development agreement for aggregate extraction;
a development phasing policy; and,
a public notice policy.
The day-to-day administration of the Municipal Plan and Development Regulations is in the
hands of staff members authorized by the Council. Council staff have the duty of implementing
the Regulations, including the issuing of all necessary permits approved by Council and making
recommendations to Council in accordance with the Municipal Plan policies regarding
development in the Municipal Planning Area.
8.2 Review of Land Use Zoning & Subdivision Regulations
When the Municipal Plan comes into effect, Council is required to develop a scheme for the
control of the use of land in strict conformity with the Municipal Plan in the form of
Development Regulations, which include land use zoning, subdivision and advertisement
regulations. After adoption by Council these regulations must be submitted to the Minister for
approval. Regulations must comply with the requirements of the Urban and Rural Planning Act
2000 and the standard provincial regulations which have been promulgated by the Province of
Newfoundland and Labrador.
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8.3 Amendment of the Municipal Plan and Development Regulations
A Municipal Plan and Development Regulations are documents which can be altered in the light
of the changing needs of the municipality. Council will be cautious to ensure that amendments
are made only following careful consideration.
8.4 Site Plan Evaluation
Many of the land use conflicts associated with large or unusual developments can be avoided if
sufficient concern for detailed design is incorporated into the development approval process. In
addition to Council's powers to apply conditions to a development permit, Council will require a
site plan to be prepared and approved by the Town prior to the issuance of a building permit for
discretionary uses.
Appendix B to this Municipal Plan contains the site plan evaluation information required for the
preparation of a site plan.
8.5 Public Works
Construction of all public works within the Municipal Planning Area shall be carried out in
accordance with the policies of this Municipal Plan.
8.6 Appeals
The Urban and Rural Planning Act, 2000, provides for an appeal process concerning planning
administration of the Municipal Plan and the Development Regulations which implement this
Plan.
The applicant or any person or association of persons aggrieved of a decision may appeal that
decision if it is, under the regulations, a decision that may be appealed. Appeals are considered
and disposed by a board established by the Minister of Municipal Affairs and Environment. The
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appeal must be initiated within a short period of time, 14 days, beginning at the date on which
the decision being appealed was received by the applicant for the development.
Matters which may be appealed include decisions made concerning an application to undertake a
development, revocation of an approval or permit to undertake a development, issuance of a stop
work order, or any other decision which legislation provides may be appealed. Refer to the Act
for legal purposes.
8. 7 Development Standards Policy
In-filling along existing public roads is encouraged, and the requirements for frontage, lot size
and location of structures will be sensitive to the limited opportunities which infill may present.
Develcpment which requires new roads and streets will be carefully reviewed to ensure that
proper sewer and water facilities are provided in accordance with the policies of this Plan.
a.8 Enforcement of Plan and Regulations in Planning Area
Particular attention shall be paid to communicating the fact that the Development Regulations
are enforced. Signs to this effect may be installed at the entrances to the Town, and the
requirements will be noted in the Town's web site, brochures and the like.
8.9 Program of Public Works
In an effort to ensure that adequate funds are available at the appropriate time to implement each
feature of the Municipal Plan, Council shall prepare and submit every year a five year forecast of
their anticipated capital expenditure requirements, in the form of a capital works plan, and
carefully review it periodically to keep it up to date.
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Ap_p_ro_v_e_d_b_y_c_o_u_n_c_i1 __
1o_N_o_v_em_b_er_2_0_2_o ___________________ J
9.0 INTERPRETATION
9. 1 Land Use, Boundaries, and Roads
It is intended that the boundaries of the land use designations and location of roads and other
features shown on the Future Land Use Maps and the maps in the Development Regulations be
considered as approximate, as the available base mapping does not provide highly accurate
information. Therefore, amendments to the Municipal Plan or Development Regulations will not
be required to support reasonable interpretation by Council and staff concerning boundaries of
zones and areas and the locations of roads and trails. The intent and policies of the Plan are to
guide the interpretation of the mapped information.
Where feasible, the boundary lines of areas designated in this Municipal Plan are laid out to
follow lot boundaries and prominent physical features, including roadways and shorelines, and
shall be interpreted in that way. Where this does not apply, measurement from the maps and
relative location on the ground shall be considered.
9.2 Figures and Quantities Approximate
All figures and quantities herein and in the Development Regulations, other than those for
development standards for which variances may be considered only in accordance with the
Urban and Rural Planning Act, 2000, shall be considered as approximate.
9.3 Classification of Uses
Reference in the Municipal Plan to classification of types of uses is related to the detailed table
of classifications in the Development Regulations, and to its hierarchy of classifications by
group, division and class. Where the permitted use is expressed by the heading of a "Group", all
of the uses in the divisions and classes of uses under that heading shall be permitted, and
likewise where the permitted use is expressed by the heading of a "Division", all of the uses in
the classes of uses under that heading shall be permitted.
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APPENDIX A
PROCEDURE TO BRING MUNICIPAL PLAN INTO
EFFECT
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Municipal Plan for 2018-2028, Town of Lawn
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PROCEDURE TO BRING MUNICIPAL PLAN INTO EFFECT
For the Municipal Plan to gain full legal effect, a specific procedure must be undertaken,
pursuant to Sections 15 through 23 of the Urban and Rural Planning Act, 2000. The procedure
is described below.
In brief, the process begins with the preparation of a draft Municipal Plan under the direction of
Council. When a draft is prepared to the satisfaction of Council, it is submitted to the
Department of Municipal Affairs and Environment for review. When the Department has
reviewed the draft document and is satisfied that it is acceptable in light of provincial and other
government agencies' interests, the Department officially releases it pursuant to Section 15 of the
Act. Council then, by resolution, is able to adopt the document pursuant to Section 16 of the Act.
Council must then advertise and provide for a public hearing at which objections or
representations to the adopted document are to be heard. The notice must appear twice in a
newspaper circulating in the Municipal Planning Area, in which Council states its intention to
approve the Municipal Plan. The first notice must appear at least fourteen days before the
hearing date. The notice must state where and when the Municipal Plan can be inspected and
clearly give the time and place for the Public Hearing.
The Hearing is conducted by a Commissioner appointed by the Council. A deadline date for the
submission of any written objections or representations is specified in the Act (two days before
the hearing). If no objections are received by the deadline, Council may cancel the hearing and
proceed directly to approve the Plan. If the hearing proceeds, the Commissioner conducts the
meeting and subsequently prepares a report including recommendations. Council then considers
the report and either approves the Plan (with or without changes) or withdraws the proposed
Plan. Council's approval is made pursuant to Section 23 of the Act.
An approved Plan then is submitted to the Minister for review and registration, pursuant to
Section 24 of the Act. For this, the Minister requires two copies of the Municipal Plan which
have been certified by the Clerk as having been adopted and approved by Council, the
Commissioner's report, and all written objections and representations that may have been
submitted at the Hearing. After reviewing the document and determining that it is not contrary
to law or a policy of the government of the province, the Minister will register the Plan in the
Minister's planning registry and Council will publish a notice to that effect in the Newfoundland
and Labrador Gazette and in a newspaper circulating in the Planning Area. The date of the
publication of the notice in the Newfoundland and Labrador Gazette is the date upon which the
Plan comes into effect.
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If the Minister chooses to not register the Plan, the document is returned to the Council with
information as to the reason for its unacceptability, and Council may then make changes and
resubmit the Plan in the same manner.
It is important to recognize that a new Plan does not come into legal effect until the notice of the
Minister's registration appears in the Newfoundland and Labrador Gazette. Once in effect, the
Municipal Plan is legally binding on Council and any person or party proposing to use or
develop land anywhere within the Municipal Planning Area.
A concurrent and parallel process is involved in the preparation, adoption, approval, and coming
into effect of Development Regulations.
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APPENDIXB
SITE PLAN EVALUATION INFORMATION
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Site Plan Evaluation Information
When Site Plan approval is required, the owner or proponent shall prepare site development
plans, including landscaping, parking, lighting, roads and any or all of the additional items listed
below, according to the nature of the proposed development and directions of Council:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(i)
(k)
(I)
(m)
(n)
(o)
(p)
(q)
the dimension of the site;
the area of the site;
dimensions to indicate the location of all buildings;
dimensions of buildings to provide comprehensive information of their plan form,
including future buildings or expansions;
the distance between buildings and all yards;
other uses, a breakdown of floor area by proposed use;
gross floor area of buildings;
dimensions of all parking areas, access roads and driveways;
function and type of landscaped areas;
landscaping plan and specifications including;
-
surface treatment (asphalt, grass etc.)
-
tree and shrub types and sizes
o
location and number of trees to be retained or planted
o
dimensions of buffer zones, driveways, etc.
o
number and size of parking spaces and location
o
location and size of signage
o
location and width of all walkways, footpaths
o
location of loading zones
proposed contours and drainage of surface runoff ditching;
surrounding land uses;
site constraints, e.g. right-of-ways which exist on site or adjacent to it, easements, fire
routes;
location and intensity specifications for lighting;
location and use of outside storage areas;
perspective drawings and plans showing 4 point building elevations and 2-way cross
sections of all buildings shown on the Site Plan
provisions for ongoing operation of features of the development which may involve
commitments or obligations of the Town of Lawn or its departments and agencies.
All site development plans shall be submitted to Council for approval.
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Town Seal
I
TOWN OF LAWN
~
this J..L_day of
-------,"'+-~A.O. 20 2.. \
1 Clerk, Town of Lawn
RURAL
I, a Member if the Canadian Institute of Planners, certify
that this map for the Municipal Plan document has been
prepared in accordance with the requirements of the Urban
and Rural
ning Act, 2000
g.,MCIP.
Dated 3 -ri of/:._;/,
__ ,._-:-:J_'l \
MCIP Seal
LEGEND:
Future land use designations as shown
RURAL
MIXED DEVELOPMENT
COMMERCIAL-INDUSTRIAL-INSTITUTIONAL
0
100
200
0
500
SCALE 1 :5000 @ B½" x 11"
Municipal Plan/ Amendment
REGISTERED
Number
Date ----1-i----.'""""''--=:..:..."'"'"'....-i""".-...__,,, __
Signature
REV3
APPROVED BY COUNCIL
10 NOV 2020
REV2
AS ADOPTED
8 JUL 2020
REV 1
FOR DMAE REVIEW
9 AUG 2019
TOWN OF
300
LAWN
m
MUNICIPAL PLAN
FUTURE LAND USE
1000 ft
2018 - 2028
MAP3
' -
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,.
1.
See Map 2 for detail within Town Boundary.
2.
All of the area between the Brazil Pond Protected Water Supply Area and the Town Boundary is zoned
Rural.
3.
The boundary of the Brazil Pond Protected Water Supply Area is the boundary determined in the
Province of NL Regulation 36/99 under the Environment Act.
TOWN OF LAWN
Datedat L£lw<\
this 12~day of
_ :S-
_ Q_Y\,L.,l_J;t__
_--'-{'-5 -+--·A-- .20 L--\
LEGEND:
- --
Future Land Use designations as shown
RURAL
BRAZIL POND PROTECTED WATER SUPPLY AREA
SCALE
1:100000@8 ½" X 11 "
-
- -
- -
Planning Area Boundary
-
Town Boundary
Zone Boundary
I, a Member if the Canadian Institute of Planners, certify
that this map for the Municipal Plan document has been
prepared in accordance with the requirements of the Urban
·~ ::~2000
J
fng.,MCIP.
"'
Dated 3 .. A F d:, "'2~
\
Municipal Plan/ Amendment
REGISTERED
Number
Date --......j~:;µ..i~~I....Ji..::;:....~-"'='11----
Signature
REV3
REV2
REV 1
APPROVEO BY COUNCIL
AS ADOPTED
FOR DMAE REVIEW
TOWN OF
LAWN
MUNICIPAL PLAN
FUTURE LAND USE
2018 - 2028
MAP1
10 NOV 2020
8 JUL 2020
9 AUG 2019
,,
1
_,,,
.-
I
I
_,,,.--···
Town Seal
TOWN OF LAWN
Dated at Lt'.l,t,vn this [L~ay of
)a, ~
-== AD. 20 2.l
I, a Member if the Canadian Institute of Planners, certify
that this map for the Municipal Plan document has been
prepared in accordance with the requirements of the Urban
and
Planning Act, 2000
\
\ \ \
... .--\
.... -\--····" _, ....
___ ... -·
,--iJ<
Municipal Plan/ Amendment
REGISTERED
Number
Date ---..:...i:;.i ....... ~..:..;.......::~=----
Signature - +:b'-1+.-H~~ Hb~'t.ft'-,i'---
Future land use designations as shown
MARINE INDUSTRIAL
MIXED DEVELOPMENT
RURAL
NOTE:
Boundary of Marine Industrial (Ml) Area to be
interpreted as the area owned by or under the control
of the Lawn Harbour Authority.
0
100
200
300
m
I
I
SCALE1:5000@8½" x 11" I
0
500
1000 ft
REV3
REV2
REV 1
APPROVED BY COUNCIL
AS ADOPTED
FOR DMAE REVIEW
TOWN OF
LAWN
MUNICIPAL PLAN
FUTURE LAND USE
2018 - 2028
MAP4
10 NOV 2020
8 JUL 2020
9 AUG 2019
..
I