Logy Bay-Middle Cove-Outer Cove, Newfoundland and Labrador
· adopted 2022-07-25
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Logy Bay
Middle Cove
;;;ze
D Outer Cove
Town of
Logy Bay-Middle Cove-Outer Cove
MUNICIPAL PLAN 2021
November 28, 2022
Town of Logy Bay-Middle Cove-Outer Cove: Municipal Plan 2021
Logy Bay
Middle Cove
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URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO APPROVE
TOWN OF LOGY BAY-MIDDLE COVE-OUTER COVE
MUNICIPAL PLAN 2021
Under the authority of Section 16, 17 and 18 of the Urban and Rural Planning Act, 2000,
the Town Council of Logy Bay-Middle Cove-Outer Cove:
a) Adopted the Logy Bay-Middle Cove-Outer Cove Municipal Plan 2021 on the 25th
day of July, 2022.
b) Gave notice of the adoption of the Logy Bay-Middle Cove-Outer Cove Municipal
Plan 2021 by advertisement in The Telegram newspaper on September 19th, 2022,
and October 8th, 2022, and in the Northeast Avalon Times on September 22nd,
2022. The advertisement was also posted on the Town's website, Facebook,
Twitter platforms and Voyent Alert reminders of the public hearing.
c) Made staff available during office hours to provide information and answer
questions related to the Municipal Plan.
d) Set the 19th day of October 2022 at 7:00 pm at the Justina Centre for the holding
of a public hearing to consider objections and submissions.
Now under Section 23 of the Urban and Rural Planning Act, 2000, the Town Council of
Logy Bay-Middle Cove-Outer Cove approves the Logy Bay-Middle Cove-Outer Cove
Municipal Plan 2021 on the 28th day of November, 2022, as amended with the changes
outlined below.
-
Amend Section 1.6 Municipal Plan Preparation Process by adding after the sentence
"Posting the proposed Municipal Plan and Development Regulations that has received
Adoption in Principle by Council on the Town's website and notify the public of the
Town of Logy Bay-Middle Cove-Outer Cove: Municipal Plan 2021
Adoption in Principle by social media while awaiting provincial review and release,
and," as follows:
Formally adopted the Municipal Plan on July 25, 2022, after which there were
advertisements in The Telegram and the Northeast Avalon Times and the Town's
social media platforms of the Notice of Adoption, the date for further receipt of
objections and submissions and the date, time and place of the public hearing
scheduled for October 19, 2022.
-
Amend Section 4.2.29 Coastal Reservation to read:
The Town has over 11 kilometres (km) of coastline. Along this coastline, the terrain
ranges from open beaches to steep coastlines and rock cliffs. These steep rock cliffs
are considered Town of Logy Bay-Middle Cove-Outer Cove: Municipal Plan 2021 Page
4. 29 as hazardous and unstable due to coastal erosion, climate change and significant
weather events.
Policy
The Town will prohibit non-essential development close to the steep coastlines or rock
cliffs due to potential rock falls and landslides. To ensure that non-essential
development is setback sufficiently to protect both the developer/user of the land and
the environment, no building development shall be permitted within 30 metres (m) from
the top of the steep coastlines along the shorelines of the Town with the exception of
conservation structure, such as those designed to control flooding and erosion, as well
as bridges, pathways and municipal infrastructure subject to provincial and federal
approvals as required. The top edge of the steep coastline shall be defined as the area
of land where the slope is less than 25% for more than a 30 metre (m) distance
measured perpendicular to the coastline and running inland from the steep coastline.
From a point located 30 metres from the steep coastline edge another 30 metre buffer
is placed which no building development shall be permitted. This coastal reservation
is identified and designated on the Future Land Use Map and in the Development
Regulations on both the Zoning and Environmental Protection Maps.
Town of Logy Bay-Middle Cove-Outer Cove: Municipal Plan 2021
Signed and sealed this 13ift day of Decerr,ber
I 2022.
Mayor:
D~~tcke~~
(Council Seal)
Town Manager/Clerk:
Susan Arns
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that the Town of Logy Bay-Middle Cove-Outer Cove Municipal Plan 2021 was
prepared in accordance with the requirement~,0ftne 'l1r-sqJ7 and Rural Planning Act, 2000.
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Steph n B. Jewc yk, c~0]
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Urban and Reg· nal P anner
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Municipal Plan/ Amendment
REGISTERED
Number
2 "14-S - -z. 0 2. 3 -
6 o o
Date
2 h .::rA tJ U A fZ-Y 2-,0 2-3
Signature ~0d ./
Town of Logy Bay-Middle Cove-Outer Cove: Municipal Plan 2021
URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO ADOPT
TOWN OF LOGY BAY-MIDDLE COVE-OUTER COVE MUNICIPAL PLAN, 2021
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town
Council of Logy Bay-Middle Cove-Outer Cove adopts the Town of Logy Bay-Middle Cove-
Outer Cove Municipal Plan, 2021 .
Adopted by the Town Council of Logy Bay-Middle Cove-Outer Cove on the z.Sif.. day of
:r-'4
. 2022.
r~{-~~t:;__:::
Signed and sealed this 2.~ day of /l ~
, 2022.
Mayor:
l,, Hukvi
Denis Hickey
/
(Council Seal)
-- -.
; ·._
_ .. - ... ,,_,
.. ____ .. _ ......... '
:,..-
Town Clerk/Manager:
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that the attached Municipal Plan has been prepared in accordance with the
requirements of the Urban and Rural Planning Act 2000.
Stephen B. Jew z
Urban and Regio
Planner
Town of Logy Bay-Middle Cove-Outer Cove: Municipal Plan 2021
Contents
Logy Bay
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1.
INTRODUCTION ..................................................................................................... 1.1
1.1
The Municipal Plan ................................................. ...................................... 1.1
1.2
Purpose of Municipal Planning ..................................................................... 1.1
1.3
Land Acknowledgement ............................................................................... 1.1
1.4
Regional Context .................................................... ...................................... 1.2
1.5
The Town of Logy Bay-Middle Cove-Outer Cove Vision and Mission
Statements ................................................................................................... 1.4
1.6
Municipal Plan Preparation Process ............................................................. 1.5
1. 7
Relationship to the Development Regulations .............................................. 1.8
1.8
Future Plan Reviews and Amendments to the Municipal Plan ...................... 1.8
1.9
Other Reports, Studies and Comments ........................................................ 1.9
1 .10
Structure of the Plan ............................................... .................................... 1.10
1.11
Dimensions and Measurements ................................................................. 1.10
2.
PLANNING CONTEXT ............................................................................................ 2.1
2.1
Planning Context .......................................................................................... 2.1
2.2
General Description ...................................................................................... 2.1
2.3
Municipal Planning Area Boundary ............................................................... 2.2
2.4
Economic Base ...................................................... ...................................... 2.3
2.5
Physical Features ......................................................................................... 2.4
2.6
Climate ........................................................................................................ 2.5
2.7
Housing ........................................................................................................ 2.6
2.8
Population Characteristics ............................................................................ 2.8
3.
GOALS AND OBJECTIVES ................................................................................... 3.1
3.1
Community Structure .................................................................................... 3.1
3.2
Economy ................................................................ ...................................... 3.3
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3.3
Housing ........................................................................................................ 3.3
3.4
Public Open Space and Recreation .............................................................. 3.5
3.5
Agriculture .................................................................................................... 3.6
3.6
Transportation .............................................................................................. 3. 7
3. 7
Environment ................................................................................................. 3.8
3.8
Water, Wastewater and Stormwater ........................................................... 3.11
3.9
Municipal Finance ...................................................................................... 3.12
4.
GENERAL LAND USE POLICIES .......................................................................... 4.1
4.1
Policy Statement .......................................................................................... 4.1
4.2
General Policies ........................................................................................... 4.1
4.2.1
4.2.2
4.2.3
4.2.4
4.2.5
4.2.6
4.2.7
4.2.8
4.2.9
4.2.10
4.2.11
4.2.12
4.2.13
4.2.14
4.2.15
4.2.16
4.2.17
Physical Structure ........................................................................... 4.1
Sensitive Development Areas ......................................................... 4.2
Subdivision of Land ........................................................................ 4.4
Subdivision Development Agreement ............................................. 4.6
Council Assumption of Private Streets ............................................ 4.6
Site Access and Public Street. ........................................................ 4.7
Accessory Land Uses, Buildings and Structures ............................ 4.7
Municipal and Public Utility Works and Easements ........................ 4.8
Building Setback ............................................................................. 4.8
Open Space and Recreation .......................................................... 4.9
Buffers Between Conflicting Land Uses ........................................ 4.10
Non-Residential Development Adjacent to Residential Lots ......... 4.10
Environmental Preservation and Enhancement ............................ 4.11
Soils and Drainage ....................................................................... 4.12
Removal and Deposit of Topsoil ................................................... 4.12
Placement of Fill ........................................................................... 4.13
Land Use Around the St. John's International Airport ................... 4.13
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4.2.19
Offensive and Dangerous Uses .................................................... 4.16
4.2.20
Property Maintenance .................................................................. 4.17
4.2.21
Telecommunication Facilities ........................................................ 4.18
4.2.22
Sign age ........................................................................................ 4.19
4.2.23
Historic Resources ....................................................................... 4.22
4.2.24
Heritage Structures ....................................................................... 4.23
4.2.25
Traditional Agricultural Uses ......................................................... 4.24
4.2.26
Livestock Structures and Residential Development.. .................... 4.25
4.2.27
Scenic Route View Plane ............................................................. 4.26
4.2.28
The East Coast Trail ..................................................................... 4.28
4.2.29
Coastal Reservation ..................................................................... 4.28
4.2.30
Small Scale Solar Panels and Wind Turbines ............................... 4.29
4.2.31
Environmental Policies ................................................................. 4.30
4.2.32
Mining and Quarrying ................................................................... 4.36
5.
SPECIFIC LAND USE POLICIES ........................................................................... 5.1
5.1
Land Use Designations ................................................................................ 5.1
5.2
Interpretation of Land Use Designation Boundaries ..................................... 5.1
5.3
Discretionary Powers of Council ................................................................... 5.2
5.4
Limitations to Development .......................................................................... 5.2
5.5
General ........................................................................................................ 5.3
5.5.1
Uses Permitted in All Land Use Designations ................................. 5.3
5.5.2
Development Standards .................................................................. 5.3
5.5.3
Non-Conforming Uses ..................................................................... 5.4
5.6
Relationship Between Land Use Designations and Corresponding
Use Zones .................................................................................................... 5.5
5.7
Rural Residential .......................................................................................... 5.6
5.7.1
Rural Residential Land Use Designation Policy ............................... 5.7
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5.7.2
Land Uses ....................................................................................... 5.8
5.7.3
Environmental Aesthetics ................................................................ 5.8
5.7.4
Recreation Uses .............................................................................. 5.9
5.7.5
Family Childcare .............................................................................. 5.9
5.7.6
Traditional Agricultural Uses ............................................................ 5.9
5.7.7
Animal Use ................................................ ,. ..................................... 5.9
5. 7 .8
Commercial Use of Accessory Building ......................................... 5.10
5.7.9
Residential Subdivisions ................................................................ 5.10
5. 7 .10 Subdivision Development Plans .................................................... 5.1 1
5. 7 .11
Residential Subdivision Area ......................................................... 5.13
5.8
Commercial Local ....................................................................................... 5.15
5.8.1
Land Uses ...................................................................................... 5.15
5.8.2
Comprehensive Site Plans ............................................................. 5.16
5.9
Mixed Development. ................................................................................... 5.16
5.9.1
Land Uses ..................................................................................... 5.17
5.9.2
Adverse Effects ............................................................................. 5.17
5.9.3
Access to Street ............................................................................ 5.18
5.9.4
Parking Requirements ................................................................... 5.18
5.10
Coastal Marine ........................................................................................... 5.18
5.10.1
Location ......................................................................................... 5.18
5.10.2 Land Uses ..................................................................................... 5.18
5.10.3 Building Setbacks .......................................................................... 5.19
5.11
Public Use ................................................................................................. 5.19
5.11.1
Land Uses ..................................................................................... 5.19
5.11.2 Compatibility with Residential Uses ............................................... 5.20
5.12
Open Space/Recreation ............................................................................. 5.20
5.12.1 Hierarchy ....................................................................................... 5.21
5.12.2 Acquisition of Open Space Lands .................................................. 5.21
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5.12.3 Land Uses ..................................................................................... 5.21
5.12.4 Effects Surrounding Property ......................................................... 5.22
5.12.5 New Open Space and Recreation Facilities .................................. 5.22
5.12.6 Trail Development ......................................................................... 5.22
5.12.7 East Coast Trail ............................................................................. 5.23
5.13
Cemetery .................................................................................................... 5.23
5.13.1 Land Uses ..................................................................................... 5.24
5.13.2 Cemetery Enhancements .............................................................. 5.24
5.14
Agriculture .................................................................................................. 5.24
5.14.1
Land Uses ..................................................................................... 5.25
5.14.2 Preservation of Agriculture Activities ............................................. 5.26
5.14.3 Impact of Development on Adjacent Uses ..................................... 5.27
5.14.4 Buffers for Livestock Structures ..................................................... 5.27
5.14.5 Subdivision Development of Land for Non-Agricultural Purposes .. 5.27
5.15
Rural
...................................................................................................... 5.27
5.15.1
Land Use ....................................................................................... 5.28
5.15.2 Single-Detached Dwelling ............................................................. 5.29
5.15.3 Mineral Working ............................................................................ 5.29
5.16
Conservation ............................................................................................ 5.31
5.16.1 Land Uses ..................................................................................... 5.31
5.16.2 Conservation Designation Along Waterbodies and Watercourses. 5.32
5.16.3 Preservation of Natural Landscape ............................................... 5.32
6.
TRANSPORTATION ............................................................................................... 6.1
6.1
Street Classifications .................................................................................... 6.2
6.1.1
Collector Streets .............................................................................. 6.2
6.1.2
Local Streets ................................................................................... 6.3
6.1.3
Scenic Road .................................................................................... 6.4
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6.2
Street Network Plans .................................................................................... 6.5
6.3
Five-Year Street Improvement Plan ............................................................. 6.5
6.4
Outer Ring Road Intersection at Logy Bay Road and Marine Drive .............. 6.5
6.5
Ongoing Intersection Improvements ............................................................. 6.6
6.6
Proposed Local Streets ................................................................................ 6.6
6. 7
Proposed North-South Collector Street ........................................................ 6.6
6.8
Trail Network Plan ........................................................................................ 6.7
6.9
Pedestrian-Crossing Controls ....................................................................... 6.8
6.10
Parking Areas .............................................................................................. 6.8
6.11
Street and Trail Standards ............................................................................ 6.8
6.12
Street Improvement Lines ............................................................................ 6.8
6.13
Conveyance of Street Reservations ............................................................. 6.9
6.14
Conveyance for Property Where Required ................................................... 6.9
6.15
Traffic Study ................................................................................................. 6.9
7
SERVICES .............................................................................................................. 7.1
7.1
Water. ........................................................................................................... 7.1
7 .1.1
On-Site Water Supply ..................................................................... 7 .1
7.1.2
Non-Domestic Water Use ............................................................... 7.2
7 .1.3
Groundwater Assessment for Subdivision Development ................ 7.2
7.1.4
Groundwater Supply Model ............................................................ 7.2
7.1.5
Open-Looped Groundwater-Sourced Heat Pumps Not Permitted .. 7.3
7.2
Sewage Disposal .......................................................................................... 7.3
7.2.1
On-Site Sewage Disposal System .................................................. 7.3
7.2.2
Septic Tank Field to be Kept Free of Development ........................ 7.4
7.2.3
Minimum Distance to Waterbodies and Waterways ........................ 7.4
7.2.4
Disposing of Sewage Waste ........................................................... 7.4
7.2.5
Pumping Out Septic Tank System ................................................... 7.4
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7.3
Storm Drainage ............................................................................................ 7.4
7.3.1
Adverse Storm Water Impacts Not Permitted ................................. 7.5
7.3.2
Council Approved Storm Management Systems ............................ 7.5
7.3.3
Zero Net Runoff Policy ................................................................... 7.6
7.3.4
Storm Drainage to Drain to Suitable Outlets ................................... 7.6
7.3.5
Design of Storm-Management Measures ....................................... 7.6
7.3.6
Lot Grading Plan ............................................................................. 7.6
7.3.7
On-Site and Off-Site Storm Drainage Works .................................. 7.6
7.3.8
Stream Preservation ....................................................................... 7.7
7.3.9
Erosion and Sediment Control ........................................................ 7.7
7.4
Waste Disposal ............................................................................................ 7.7
7.4.1
Measures to Prevent Contamination ............................................... 7.8
7.4.2
Property to be Free of Waste Accumulation ................................... 7.8
7.4.3
Waste Collection ............................................................................. 7.8
7.4.4
Spreading of Fish Offal or Waste .................................................... 7.8
7.5
Fire Protection .............................................................................................. 7.9
7.5.1
Water Access and Dry Hydrants ....................................................... 7.9
7.5.2 Subdivision Development to be Assessed by Fire Department ......... 7.9
7.5.3 Incorporation of FireSmart Principles ................................................ 7.9
7.6
Emergency Response ................................................................................ 7.10
7.6.1
Access to Emergency Services .................................................... 7.10
7.6.2
Construction of Cul-de-Sacs ......................................................... 7.10
7.6.3
Civic Numbering of Main Buildings ............................................... 7.11
7.6.4
Review of Emergency Management Plan ..................................... 7.11
8
LOCAL GOVERNANCE .......................................................................................... 8.1
8.1
Strategic Planning ........................................................................................ 8.2
8.2
Fiscal Responsibility ..................................................................................... 8.2
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8.3
The Organizational Structure ........................................................................ 8.2
8.4
Public Engagement ...................................................................................... 8.2
8.5
Information Systems ..................................................................................... 8.3
8.6
Regional and lntermunicipal Engagement.. .................................................. 8.3
9
IMPLEMENTATION ................................................................................................ 9.1
9.1
Administration of the Municipal Plan ............................................................. 9.1
9.2
Comprehensive Development Schemes ....................................................... 9.2
9.3
Municipal Plan and Development Amendment Procedure ............................ 9.5
9.4
Municipal Plan Review ................................................................................. 9.6
9.5
Public Engagement ...................................................................................... 9.6
9.6
Development Regulations ............................................................................ 9.6
9.7
Consideration for Rezoning .......................................................................... 9.7
9.8
Land Use Assessment Report ...................................................................... 9.8
9.9
Development Control .............................................. ...................................... 9.9
9.10
Development Appeals ................................................................................ 9.10
9.11
Municipal Capital Works ............................................................................. 9.10
Map 1
Town of Logy Bay-Middle Cove-Outer Cove
Municipal Plan 2021 : Future Land Use Map
Town of Logy Bay-Middle Cove-Outer Cove: Municipal Plan 2021
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1.
INTRODUCTION
1.1
The Municipal Plan
The Logy Bay-Middle Cove-Outer Cove Municipal Plan 2021 is Council's
comprehensive policy document for the management of growth and
development within the Town over the next 10-year planning period 2021-
2031 . Prepared under the authority of The Urban and Rural Planning Act,
2000, the Municipal Plan repeals and replaces the Logy Bay-Middle Cove-
Outer Cove Municipal Plan 2005-2015. The Municipal Plan is Council's
policy document which is then implemented by the Logy Bay-Middle Cove-
Outer Cove Land Use, Zoning Subdivision and Advertisement Regulations
("Development Regulations").
1.2
Purpose of Municipal Planning
A Municipal Plan guides growth and development within a Municipal
Planning Area ("Planning Area"). It directs future growth so that it occurs in
a manner which respects the environment and most efficiently uses
municipal services and land resources, thus preventing unnecessary
degradation of the environment and increases in servicing costs that would
result if development was not planned. It also ensures that aspects of land
development like compatibility, safety, aesthetics and environmental
protection are given proper consideration. The aim of planning is to protect
and enhance the qualities of the Planning Area that make it a healthy,
prosperous and pleasant place in which to live and work.
1.3
Land Acknowledgement
As the Municipal Plan directs growth and development of land within the
Planning Area, the Town respectfully acknowledges the Province of
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Newfoundland and Labrador as the ancestral homelands of the Beothuk.
Today, this province is home to diverse populations of Indigenous and other
people. The Town also acknowledges, with respect, the diverse histories and
cultures of the Mi'kmaq, lnnu and Inuit.
1.4
Regional Context
1.4.1 The St. John's Urban Region Regional Plan 1976
Planning for municipalities within the Northeast Avalon region must
be consistent within provincial policy and law. Provincial planning at
a provincial and regional level in the area of the Northeast Avalon
Region is governed by The Urban and Rural Planning Act, 2000.
("Act") and, more specifically, the St. John's Urban Region Regional
Plan 1976 ("Regional Plan") which includes the Planning Area for the
Town of Logy Bay-Middle Cove-Outer Cove ("Town"). The Regional
Plan sets out the general nature of future development in the
Northeast Avalon and provides a framework for planning at the
municipal level.
The Logy Bay-Middle Cove-Outer Cove Municipal Plan ("Municipal
Plan") must conform to and be consistent with the policies of the
Regional Plan. The Regional Plan currently designates land within the
Planning Area as a mix of Urban Development, Rural Development,
Agriculture and Restricted Development. In addition, the Regional
Plan designates Logy Bay Road and Outer Cove Road as Collector
Streets and Marine Drive, Marine Lab Road and Lower Road as
Scenic Roads.
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1.4.2 The St. John's Urban Region (Agricultural Development Area)
The provincial government has designated three (3) Agricultural
Development Areas ("ADAs") within the Town for agricultural use
under the St. John's Urban Region Agriculture Development Area
Order, 2013. Area 1 is situated around Coaker's River and located
south of Cadigan's Road, west and north of Marine Drive and east of
Logy Bay Road. Area 2 is situated between Lower Road and Marine
Drive north of Devereaux Lane and Kavanagh's Lane. Area 3 is
located north of O'Rourke's Lane, west of Lower Road and south of
Marine Drive and Old Pine Line.
These designations were made under provincial authority to protect
the agricultural resources of the province pursuant to the St.
John's Urban Region Agriculture Development Area Regulations.
Development within the ADA areas requires the approval of both the
provincial government and the Town. Any proposed development on
ADA lands shall initially be referred to the Land Development
Advisory Authority of the provincial Department of Fisheries, Forestry
and Agriculture for review. The development application will then be
reviewed by the Town for consideration under its Municipal Plan and
Development Regulations.
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1.5
The Town of Logy Bay-Middle Cove-Outer Cove Vision and Mission
Statements
In 2014, the Town Council adopted a Strategic Plan which outlined a vision
and strategic direction for Council's decisions. In 2020, the Council reviewed
and updated the Vision and Mission Statement to read as follows:
Vision:
The Town of Logy Bay-Middle Cove-Outer Cove is a scenic
municipality and a rural municipality by choice. Its sustainable quality
of life and the natural beauty of its landscapes and coastline is
maintained by valuing community relationships and through its
ongoing commitment to environmental stewardship and the protection
of its natural assets.
Mission:
The Town of Logy Bay-Middle Cove-Outer Cove will provide
community-focused services in an efficient, cost effective, and
cooperative manner to its residents, businesses, and visitors while
retaining an attractive, sustainable, and rural community. This will be
accomplished through leadership, partnerships, and engagement with
residents.
One of the four strategic initiatives identified in the 2014 Strategic Plan
referred to the Municipal Plan and Development Regulations. The Strategic
Plan noted that the current "Municipal Plan covered the period from 2005 to
2015 and due to a number of development issues and concerns, Council will
commence a review of its Municipal Plan and Development Regulations to
address these development issues and concerns."
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The Goal of the Strategic Initiative was to develop a process to govern a
review of the Municipal Plan and Development Regulations for the period of
2015 to 2025. The following objectives were identified in order to achieve
this goal:
-
To utilize a facilitated process to develop Terms of Reference and a
Background Report to guide the Municipal Plan and Development
Regulations Review Process.
-
To engage the Town's citizens in this process by establishing Focus
Groups to represent all the various groups and organizations within the
Town, including younger and older residents.
-
To identify all development issues and concerns and ensure they are
addressed in the review process.
This Municipal Plan aligns with the 2020 strategic vision and mission of the
Town Council in maintaining the Town's rural characteristics in keeping with
resident's needs and is consistent with the 2014 strategic goal and objectives
relating to the Municipal Plan and Development Regulations Review
Process.
1.6
Ml,micipal Plan Preparation Process
In its strategic planning for the growth and development of the community,
the Town initially employed Tract Consulting Inc. to undertake a two-part
planning process. The first was a Recreation Master Plan and, upon its
completion, the review of the Town's Municipal Plan. Tract, in collaboration
with Plan-Tech Environment, completed a preliminary draft of the Municipal
Plan Review and associated Development Regulations Review in January
2017. The 2017 draft has been updated by in-house planning staff to reflect
current information and approaches to planning and regulatory matters that
are considered necessary for change as the Town embraces the next
10-year planning horizon.
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In addition to the work undertaken by Tract Consulting Inc., several
component studies were prepared by consultants as part of the Municipal
Plan Review Process commencing in 2017. These studies included;
-
a Municipal Groundwater Flow Modelling Study prepared by Stantec,
-
a Transportation Study prepared by Harbourside Transportation
Consultants, and
-
a review and update of the Wetlands, Waterbodies and Waterways Study
by CBCL Limited which included confirmation of and an update of the
flood zone boundaries within of the Town.
The public was engaged during this multi-year process and included the
following components:
-
An online community survey questionnaire and a public meeting held on
June 9, 2016, at the Justina Centre. Through postings on social media
on the Town's Facebook page and the Town's website, and the
publication of public notices, the community residents and stakeholders
were made aware of the process underway and were given the
opportunity to provide input into the process,
-
Online surveys, public notices, open houses, public meetings and
requests for written commentary as part of the review process for the
Groundwater Flow Modelling Study, the Transportation Study and the
Wetlands, Waterbodies and Waterways Study,
-
A letter to all property owners in the Town informing the public of the draft
Municipal Plan and inviting feedback,
Placing public notices in the January 2021 editions of The Telegram and
the Northeast Avalon Times and posted on the Town's website and social
media platforms to advertise meetings and invite citizen input,
Holding of a virtual information session in January 2021 to inform
residents of and receive feedback from the public on the new Municipal
Plan,
-
Submitting referrals to neighbouring municipalities, government agencies
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and community groups for comment regarding the Town's Municipal Plan
review,
-
Making the documents and staff available at the Town Hall for individual
meetings, public review and feedback,
-
Tabling a "What We Heard" document on the general themes that arose
from the public consultation process at the April 12, 2021, Council
meeting and posting the document on the Town's website,
-
Posting the proposed Municipal Plan and Development Regulations that
has received Adoption in Principle by Council on the Town's website and
notify the public of the Adoption in Principle by social media while
awaiting provincial review and release, and,
Formally adopted the Municipal Plan on July 25, 2022, after which there
were advertisements in the Telegram and the Northeast Avalon Times
and the Town's social media platforms of the Notice of Adoption, the date
for further receipt of objections and submissions and the date, time and
place of the public hearing scheduled for October 19, 2022.
The submission of the proposed Municipal Plan and the associated
Development Regulations to the provincial Department of Municipal and
Provincial Affairs for provincial review is to ensure compliance with provincial
policy and law. Once released from provincial review, the Council may
formally adopt the Municipal Plan and give notice of a Public Hearing on the
Municipal Plan. The Hearing is overseen by an objective independent
Commissioner who will hear representations from the public. After this final
opportunity for representations, the Commissioner writes a report and
recommendations for Council's consideration to finalize its Municipal Plan.
On the basis of the Commissioner's report, Council will approve the
Municipal Plan as adopted or may approve the Municipal Plan with the
Commissioner's recommended amendments.
Once approved in accordance with the Urban and Rural Planning Act, 2000,
the Municipal Plan constitutes a legal document. As a legal document, the
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Municipal Plan is binding upon Council and any person or group using or
proposing to use land anywhere within the Planning Area. From the date the
new Municipal Plan becomes legally effective, all new development must be
in conformance with the Municipal Plan.
Until such time as the new Municipal Plan is adopted, approved, registered
and published in The Newfoundland and Labrador Gazette, and officially
brought into effect in accordance with the Act, the current Municipal Plan and
Development Regulations remain in effect until legally rescinded and
replaced by the updated Municipal Plan and Development Regulations.
1.7
Relationship to the Development Regulations
The Municipal Plan provides a policy framework for the companion
document, the Development Regulations, which are administered by the
Town through its development application review and permitting process.
The Development Regulations implement the Municipal Plan by identifying
land
use
zones,
development
standards,
terms
and
conditions,
environmental considerations, parking standards, signage and subdivision
requirements, in support of the Municipal Plan's policies. A Land Use Zoning
Map ("Zoning Map") and associated Environmental Protection Overlay Map
("Environmental
Protection
Map")
accompanies
the
Development
Regulations. Once approved and registered, the Council administers the
Municipal Plan and the Development Regulations, in its review and approval
of development and subdivision development applications and other land
development proposal inquiries.
1.8
Future Plan Reviews and Amendments to the Municipal Plan
Every five years from the date on which it first comes into effect, Council is
required to initiate a review of the Municipal Plan and revise it to provide for
the next 10-year period, in accordance with Section 28(1) of the Act. Where
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necessary, changes may then be made to account for any new policies or
land use requirements for the next ten years. As an example, the current
Plan has been amended 19 times since 2005.
The Plan may otherwise be amended, in whole or in part, at any other time
prior to the five-year review in response to new development proposals or
changed community priorities. These amendments follow the process
outlined in Sections 14 to 24 of the Act. Any such amendment will be read
together with and become part of the Municipal Plan; as such, the
amendment must be done in accordance with the Municipal Plan policies as
well as provincial policy and law. If circumstances do not permit a Plan
Review to be undertaken within the prescribed time, the current Municipal
Plan and any amendments that had been made to it will remain in effect until
a Plan Review is completed and brought into legal effect.
1.9
Other Reports, Studies and Comments
While not official components of the Municipal Plan, as part of the plan
preparation process, several research initiatives, related municipal studies
and reports and other information sources helped influence the content of
the Municipal Plan.
The varied relevant reports and information input that assisted to shape the
content of the Municipal Plan include the following:
St. John's Urban Region Regional Plan (1976);
The St. John's Urban Region (Agriculture) Development Area Review
Commission (Collins Commission 2008);
Town of Logy Bay-Middle Cove-Outer Cove Strategic Plan (2014);
Recreation Master Plan (Tract 2015);
St. John's Regional Drinking Water Study (CBCL Limited Consulting
Engineers 2016);
Trail Development Plan Final Concept (Grand Concourse 2016);
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Commissioner's Report: Proposed Town of Logy Bay-Middle Cove-Outer
Cove Municipal Plan Amendment No. 17, and Development Regulations
Amendment No 23 (2017);
-
Community Engagement Session Report (Clift 2018);
Municipal Groundwater Flow Modelling Study (Stantec 2019);
-
Transportation Study (Harbourside 2019);
-
Wetlands, Waterbodies and Waterways Study (CBCL 2020);
-
Written comments from the NL Department of Municipal and Provincial
Affairs and other provincial departments and agencies.
1.10 Structure of the Plan
This Municipal Plan is organized as follows:
-
Chapters 1 and 2 introduces the Plan, its purpose and the context for the
vision and strategy for future growth of the Town;
-
Chapters 3 through 5 contain the goals, objectives and policies in theme
areas and the land use designations identified on the Future Land Use
Map;
-
Chapters 6 through 8 contain policies relating to Transportation, Services
and Local Governance;
-
Chapter 9 addresses how the Plan will be implemented;
-
Map 1 identifies the land use designations, land related restrictions and
street hierarchy on the Future Land Use Map.
The Municipal Plan consists of this document and the map contained within
it.
1.11
Dimensions and Measurements
In this Municipal Plan, all dimension and measurements are in metric and
their applicable metric abbreviations have been used to identify dimensions
and measurements.
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2.
PLANNING CONTEXT
2.1
Planning Context
The Town of Logy Bay-Middle Cove-Outer Cove was incorporated in 1986.
The Town has had two (2) Municipal Plans in effect since its incorporation.
The first Municipal Plan was in effect from 1986 to 2005. The second
Municipal Plan, currently in effect, was approved in 2005. The 2005
Municipal Plan updated the preceding one to accommodate various
amendments that had been made to the Town's original Plan and
incorporated new policies and regulations deemed necessary by Council of
the day. Similarly, this Municipal Plan Review will consolidate amendments
and incorporate new and revised policies and regulations based on new
technical research, contemporary views provided by members of the
community and the direction and land use planning priorities of the current
Council.
2.2 General Description
The Town is primarily a rural agricultural community located along the
Atlantic Coast on the northeastern Avalon Peninsula. The Town abuts the
Town of Torbay to the northwest and the City of St. John's to the south. The
Town is accessible by provincial highways number 30 (Logy Bay Road) and
number 20 (Torbay Road). The Town is connected to the Trans-Canada
Highway (number 1) via the Outer Ring Road which is located along the
southern periphery of the Town. Air services to the region and province are
provided by the St. John's International Airport Authority.
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2.3
Municipal Planning Area Boundary
The land within the Planning Area, as illustrated below, is governed by
Council which exercises municipal control over all development,
environmentally-sensitive lands and natural and built amenities of the
municipality. The Planning Area covers approximately 17 square
kilometres of land and over 11 kilometres of coastline. The current Planning
Area boundaries have not changed since the amalgamation of the three
communities in September 1986.
The Planning Area
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2.4
Economic Base
The Town is dependent on the regional economic environment that
surrounds the City of St. John's.
Most of the working population within the community are employed outside
the Town, primarily within the City of St. John's (1 ,200 participating in
labour force-2016 Census, Statistics Canada). In its earlier years, the Town
had a substantial agricultural economy. In more recent years, this economy
has transformed with the reduction in the number of farms and lands
designated as agriculture. Today, the Town has three commercial farms,
two riding stables, a number of small private businesses such as a
veterinary clinic, automobile garage, convenience store and strip mall, and
a number of home-based businesses located throughout the Town. There
is a designated Mixed Development strip along Logy Bay Road in the
southern portion of the Town where a number of commercial businesses
exist interspersed with residential development.
There is a considerable amount of residential farming and gardening
occurring throughout the Town. Future development and expansion of the
local economy in the form of sustainable rural development will be an
important strategic direction for the future development of the Town. In
addition, the Town's economic base will benefit from continued
development of additional and compatible home-based businesses.
With respect to mining and mineral development, there are no quarry
permits or quarry leases issued by the Mines Branch of the Department of
Industry, Energy and Technology. At present, there are no areas of
recognized aggregate resource and there has been negligible documented
history of mineral exploration in the Planning Area.
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2.5
Physical Features
The general topography of Logy Bay-Middle Cove-Outer Cove ranges from
relatively flat rolling farm lands with large defined areas of wetlands and
bogs to very steep hillside slopes that run along the eastern coast with most
of the coastline being steep rocky cliffs. The contour elevations in the Town
ranges from Oto 180 metres (m) above mean sea level. The mean depth
from the surface to the bedrock (overburden thickness) is approximately
4.5 metres (m).
There are four main drainage basins within the Town:
-
Kennedy's Brook basin in the northwest,
-
Outer Cove Brook basin in the central part of the Town,
-
Coaker's River basin in the southeastern area of the Town, and
-
Druken's River along the southern boundary.
The headlands of all four basins are located outside of the Town's
boundaries. Within these drainage basins there are a total of 21
waterbodies and 47 watercourses within the municipal boundaries of the
Town.
Each of these drainage basins contains a network of wetlands, streams
and ponds which generally flow in a northeasterly direction into the Atlantic
Ocean. Approximately 150 wetlands are situated within the municipal
boundaries for Logy Bay-Middle Cove-Outer Cove and make up eleven
percent ( 11 % ) of land cover within the Planning Area.
The main physical feature of the Town that stands out is the valley that runs
through the Town along Logy Bay Road and Lower Road, with Outer Cove
Brook at its base which enters the ocean at Outer Cove. There is also a
vast tree canopy within the Town which covers 8.0 kilometres squared
(km2) or 46.5% of the land base. The other dominate physical feature of the
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Town is Middle Cove Beach and the surrounding cliffs along the coastline
periphery of the Town which offers scenic vistas and rugged rural
experience for residents and visitors to the Town .
This rural environment is the habitat for many natural species with
estimates up to 50 rare species of combined fauna and flora. The Wildlife
Division of the provincial Department of Fisheries, Forestry and Agriculture
has identified a number of avian species that are at risk within the Planning
Area. These include the Ivory Gull, Red Crossbill, Olive-sided Flycatcher,
Rusty Blackbird, Short-eared Owl, Peregrine Falcon and Harlequin Duck.
2.6
Climate
The Town is located within the Maritimes Barren Ecoregion which is
characterized by cold summers, frequent fog, strong winds and relatively
mild winters with intermittent snow cover. Average daily temperatures range
between -4.9° Celsius (February) and 16.1 - Celsius (August). Average
annual total precipitation is 1534.2 millimetres (mm), 1206.4 millimetres
(mm) of which is rain. June through September are the only months
consistently without snowfall.
The Geological survey of Newfoundland of the Department of Industry and
Technology have indicated that based on the potential future impact of sea
level rise and storm surge, areas below the four metre contour are highly
vulnerable to coastal flooding.
There are currently two coastal cliff erosional monitoring sites in Middle
Cove. The calculated rate of erosion at these sites are 4 centimetres per
year and 12 centimetres per year respectively. Storm surges are known to
occur at Middle Cove Beach and have affected the coastal cliff and coastal
end of the parking lot in recent years. In addition, coastal erosion is evident
along the shoulder of Marine Drive along the southwest coastline of Outer
Cove.
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It is recognized that climate change is ongoing and will continue to affect the
future development and growth pattern of the Town. Climate change impacts
that are currently being experienced in the Planning Area include increasing
air and sea surface temperatures, rising sea level and storm surges, more
frequent extreme weather events in the form of increased storm intensity
resulting in higher levels of water runoff in water courses. As a result,
identification of lands that are susceptible to hazards such as low-lying
coastal areas, steep slopes and floodplains are important to respond to
climate change. Adaptation policies need to take into consideration such
factors as significant flooding events and coastal erosion in the planning,
development and infrastructure of the Town and of individual properties.
2.7
Housing
The Town's development pattern is characteristic of a low density rural
residential development consisting primarily of single-detached dwellings
located primarily along the main and local streets of the Town with
interspersed agricultural and rural resource lands.
According to the 2016 Census, there were 790 dwellings in Logy Bay-
Middle Cove-Outer Cove, compared to 725 in 2011 . Single-family
households accounted for 640 dwellings, while there were 15 multiple-
family households and 135 non-family households (Community Accounts).
As reported by the 2016 Census, 89.2% of homes in Logy Bay-Middle
Cove-Outer Cove were owned versus rented compared to 76.8% for the
province and 67.8% for Canada (Community Accounts).
People living in Logy Bay-Middle Cove-Outer Cove reported in 2016 that:
-
65 dwellings were constructed before 1960.
-
280 dwellings were constructed between 1961 and 1980.
-
95 dwellings were constructed between 1981 and 1990.
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135 dwellings were constructed between 1991 and 2000.
-
55 dwellings were constructed between 2001 and 2005.
-
80 dwellings were constructed between 2006 and 2011 .
-
90 dwellings were constructed between 2011 and 2016.
Source: (Community Accounts)
The predominant housing type in the Town is the single-detached dwelling
with or without subsidiary apartments. A small number of semi-detached or
duplex dwellings exist within the Town, but none are of recent construction.
Several newer residential subdivision developments have occurred in the
past five years ranging from 8 to 14 lots per subdivision primarily in the area
north of Snow's Lane, west of Logy Bay and Outer Cove Road, south of
Pine Line and east of the municipal boundary with the City of St. John's
and the Town of Torbay. This area is generally the focus of residential
subdivision development activity within the Town.
Based on the number of recent pre-application subdivision development
enquiries and formal applications, it is estimated that should these
subdivision applications proceed during the term of the new Plan, an
additional 200 residential lots should be made available for residential
development purposes which should accommodate housing demand in the
Town.
All development within the Town is on the basis of on-site wells and septic
tank systems. While in the past, residential lots have been developed with
a minimum of 2025 metres square (m2), the primary lot area in recent years
has been a minimum of 4,050 metres square (m2) . There are no plans to
service the Planning Area with piped water and sewer so it is imperative
that the Town's development pattern and individual lot sizes do not affect
the quality or quantity of the groundwater supply upon which the Town is
so dependent.
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2.8
Population Characteristics
The 2016 Census population for Logy Bay-Middle Cove-Outer Cove was
approximately 2,220. This represents an increase of five decimal seven
percent (5.7%) since 2011 (2,220 in 2016, up from 2,100). This is an eleven
decimal 2 percent (11.2%) increase since 2006 census in which the Town's
population was 1,978. As a comparison, for the period 2011 to 2016, the
entire province experienced a population increase of one percent (1 .0%)
since 2011 (519,715 in 2016, up from 514,535). The Town is viewed as a
desirable place to live due to its quality rural lifestyle, scenic vistas and
close proximity to St. John's.
The median age in Logy Bay-Middle Cove-Outer Cove was 45 in 2016. The
2016 median age in Newfoundland and Labrador was 46 (Community
Accounts).
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3.
GOALS AND OBJECTIVES
This section outlines the Town's planning goals and objectives during the 10-year
planning period.
A goal is a desired state which reflects the long-range intentions of Council. An
objective is a short-range step toward the goal. They are specific, measurable,
achievable, realistic and time-based within a period of 3 to 5 years. The
achievement of an objective should move the goal closer to reality.
Based on a comprehensive study of the planning aspects of the Planning Area,
the following are the goals and objectives of this Municipal Plan, which are to be
pursued within the 10-year planning period.
3.1
Community Structure
Goals:
1. To promote a sustainable and orderly rural development pattern on the
basis of on-site well and septic tank services which recognizes,
conserves and supports the natural assets of the Planning Area.
2. To introduce sustainable community planning principles and green
infrastructure initiatives that will enhance livability and the quality of life
for the residents of Logy Bay-Middle Cove-Outer Cove.
3. To develop and upgrade, where required, municipal infrastructure that
accommodates the existing and future needs of the community so that
development proceeds in an orderly, safe and timely manner.
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Objectives:
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1. To
accommodate
development
in
unserviced
areas
in
a
comprehensively-planned fashion that meets environmental standards at
a density that will not lead to the introduction of piped water and sewer
services.
2. To designate land for development which will promote the efficient and
orderly expansion of compatible land use activities while protecting the
natural assets of the Town.
3. To introduce principles and measures to new development to minimize
damage relating to wildfire/development interactions.
4. To protect environmentally-important or sensitive areas such as ponds,
rivers, streams, wetlands and coastal areas by designating them as
conservation where appropriate.
5. To direct new development to areas that are not at a high risk of
flooding. In lower risk areas, development shall be restricted and
development that is permitted is designed with appropriate level of
protection to ensure that the risk of damage from flooding is minimized.
6. To support and implement green initiatives which assist in the reduction
of greenhouse gases.
7. To support energy efficient building throughout the Planning Area.
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3.2
Economy
Goals:
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1. To encourage the continued operation of existing businesses through
appropriate land use policies.
2. To encourage the development of additional employment opportunities
to serve the local needs of the residents.
Objectives:
1. To foster and support existing businesses through local municipal
initiatives and events and reasonable commercial tax rates.
2. To support and encourage the agricultural industry within the Planning
Area.
3. To encourage home-based businesses in a manner compatible with the
residential surroundings.
4. To support the development of facilities and attractions which will
promote the tourism industry within the community.
3.3
Housing
Goals:
1. To provide for an adequate quality and quantity of housing which is
characteristic of the Planning Area to serve the needs of the present and
future population.
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2. To support low-density housing which is in keeping with the residential
character of the Town.
3. To identify lands for residential development within the Planning Area
which support a safe and healthy environment for the well-being of its
occupants while respecting the Town's natural assets.
Objectives:
1. To promote a high standard of housing construction.
2. To promote energy-efficient housing in
new construction and
renovations.
3. To provide appropriate buffer zones between residential and non-
residential areas.
4. To prevent non-residential development in rural residential designations
which are incompatible with residential uses.
5. To prevent residential development within areas of excessive aircraft
noise in proximity of the St. John's International Airport as determined by
Transport Canada's Noise Exposure Forecast (NEF) Zones.
6. To undertake a housing study to determine the existing and future
housing needs of the Town.
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3.4
Public Open Space and Recreation
Goal:
1 . To meet the open space and recreational needs of the Town.
Objectives:
1. To locate sufficient open space and recreational facilities which are
conveniently accessible.
2. To prepare a comprehensive open space and trail network plan for the
Planning Area with an interconnecting trail system throughout the Town.
3. To support the development of an Open Space and Trail Plan with other
municipalities and the East Coast Trail Association within the Northeast
Avalon Region.
4. To ensure that all municipal community and recreational facilities are
available and designed to age-friendly standards to facilitate easy access
and mobility for all citizens, including those with challenging needs.
5. To update the Town's Recreation Master Plan in conjunction with the
Open Space and Trail Plan over the course of this Municipal Plan.
6. To promote the Town as a tourist attraction and encourage travellers to
visit Logy Bay-Middle Cove-Outer Cove.
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7. To conserve the Town's coastline as a nature reserve and protect the
scenic vistas of the coastline from
residential or commercial
development.
3.5
Agriculture
Goals:
1. To encourage the agricultural use of lands designated as agriculture and
protect agricultural lands from non-compatible development.
2. To encourage agricultural-related uses on residential lots and rural
properties that do not adversely affect the general residential enjoyment
of the surrounding properties.
Objectives:
1. To support the agricultural use of lands designated as agricultural which
form part of the St. John's Urban Region Agriculture Development Area
Order, 2013.
2. To review the lands within the Planning Area which are designated as
part of the ADA to ensure that the lands so designated are productive
agricultural lands.
3. To discourage multi-lot residential subdivision of land within productive
agricultural lands.
4. To ensure that new developments do not encroach on existing
agriculture operations which limit them in their operations.
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5. To protect existing agriculture uses from other non-compatible uses.
6. To promote local food security initiatives such as hobby farms and
traditional agricultural activities and uses.
3.6
Transportation
Goal:
1. To provide a safe and efficient transportation network to serve both
vehicular and pedestrian traffic within the Planning Area.
Objectives:
1.
To maintain existing municipal public streets through a regular program
of maintenance and improvement.
2.
To work with the provincial Department of Transportation and
Infrastructure to ensure that provincial streets within the Planning Area
are maintained to a standard which supports the free flow of traffic and
the safety of the travelling public.
3.
To upgrade and improve existing municipally-maintained streets and
intersections that are identified as being substandard or problematic in
accommodating current and future traffic demand.
4.
To acquire lands either through purchase or the development
approvals process for required street rights-of-way, intersection
widening, improved sightlines or other identified streetscape
improvements.
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5.
To encourage development and street networks that increases street
and pedestrian connectivity.
6.
To reserve land for proposed streets and street reserves.
7.
To identify development limit lines along existing streets where
necessary for future street upgrading.
8.
To implement the recommendations of the Town's Transportation
Study.
9.
To identify and develop a street corridor between Pine Line and Logy
Bay Road south of the area of St. Francis Road and St. Francis of Assisi
School and St. Francis of Assisi School Church in an effort to redirect
traffic and alleviate congestion in this part of the Town.
10. To develop appropriate standards for the development of new streets,
pedestrian trails and access to individual properties for purposes of
improved safety, accessibility, convenience and comfort.
11. To plan and develop a trail network within the Planning Area which
minimizes vehicular/pedestrian interaction along the streets in the
Planning Area.
3.7
Environment
Goals:
1. To recognize the importance of the Town's natural assets to the long-
term sustainability of the rural environment and to manage the natural
assets of the Town from a municipal service objective in a manner that
respects the natural environment.
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2. To promote land use patterns, development practices, transportation
systems and activities that will reduce energy and carbon emissions.
3. To recognize that climate change has a profound impact on the
development and growth within the Planning Area. As more information
becomes available on the impacts of climate change, implement
mitigation and adaptation measures to respond to climate change.
4. To protect the hydrologic functions of waterways and wetlands as a
critical component of the Town's ecology and its groundwater supply,
flood prevention and stormwater management systems.
5. To provide for the health, safety, welfare and enjoyment of the general
public.
Objectives:
1. To recognize the existing natural constraints to development and to
protect, in its natural state, land which is unsuitable for development.
2. To enter into a Municipal Habitat Stewardship Agreement between the
Town and the provincial Department of Fisheries and Land Resources to
conserve specific lands which are jointly identified as significant wetlands
and coastal areas.
3. To prevent development along coastal cliffs, low-lying coastlines, hills
where steep topography make the land unsuitable for development and
Land which is considered prone to the significant impacts of climate
change.
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4. To restrict or prohibit development in environmentally-sensitive lands
such as ocean and pond shorelines, wetlands, waterways and
waterbodies.
5. To reduce potential damage to property and threats to life due to flooding
in areas identified as having serious flood risk by restricting or prohibiting
development, keeping both private and public development away from
these risk areas and limiting physical and structural alterations to the
floodplain.
6. To support a rural development density that sustains the groundwater
supply while allowing development to proceed on the basis of an
adequate supply of water from on-site wells and water treatment through
septic tank systems.
7. To mitigate the potential for wildland fires through the introduction of
measures that recognize and reduce the threat of wildfire to properties
and the community.
8. To
promote
environmental
stewardship
through
environmental
awareness and educational programs and through the recognition of
individual and group efforts to preserve and enhance the environment of
the Town.
9. Wherever possible, to promote energy efficiency in the design of
subdivisions and in the design and construction of buildings and
municipal infrastructure projects.
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3.8
Water, Wastewater and Stormwater
Goals:
1. To ensure that there is an adequate capacity and quality of potable
groundwater supply to sustain the long-term provision of water for
development purposes through on-site wells.
2. To promote best practices with respect to the septic tank design, on-site
placement and ongoing maintenance.
3. To continue to improve stormwater management practices as part of the
Town's combined engineered and natural asset management plan
approach.
Objectives:
1. To create a development framework
on the basis of the
recommendations of the 2019 Groundwater Flow Modelling Study as
prepared by Stantec Engineering Consultants.
2. To adopt the functional assessment approach of the Town's wetlands,
waterbodies and waterways as recommended in the 2020 Wetlands,
Waterbodies and Waterways Study by CBCL Limited.
3. To conserve and protect the Town's wetlands, waterways and
waterbodies from non-essential development.
4. To upgrade the Town's storm management infrastructure to respond to
climate change predictions and reduce flooding.
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3.9
Municipal Finance
Goal:
1. To manage municipal expenditures and revenues so as to provide
municipal services within a framework of long-term financial stability.
Objective:
1. To manage the expenditures on municipal services and achieve the most
efficient use of existing services.
2. To manage the municipal debt, considering the Town's ability to meet its
expendituresinthelongterm.
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4.
GENERAL LAND USE POLICIES
4.1
Policy Statement
The following policies with the accompanying Future Land Use Map,
constitute the land use component of the Logy Bay-Middle Cove-Outer Cove
Municipal Plan 2021 . These policies provide further details to the Goals and
Objectives outlined in Section 3.0 which are seen as necessary by Council
to ensure that the physical development of the Town is undertaken in a
sustainable, efficient, environmentally and economically-sound manner
during the 10-year life of this Municipal Plan.
4.2
General Policies
The following policies are general in scope in that they can be applied to
more than one land use designation and to different sections of the Town.
4.2.1
Physical Structure
Policies
a. Land uses will be allocated in accordance with the Future Land
Use Map attached to this text.
b. Currently, development in the Town is primarily along the
existing linear street network which has been the traditional land
use pattern for the Town. The future development pattern as
envisioned for the Town encourages a greater consolidation of
rural residential development within the center of the Town.
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c. Development within the Planning Area will be managed in
accordance with the regulations of Council, in concert with the
policies, acts and regulations of the Province.
d. Nothing in the Plan shall affect the continuation of a use which
was legally established on the day that this Municipal Plan is
registered by the Minister of Municipal and Provincial Affairs. For
the purpose of this section, a legally-established use shall mean a
use that has been approved or for which a permit has been issued
by Council prior to coming into effect of this Municipal Plan. Where
a building or use exists, which does not comply with the intent of
the Plan and the designated use, it shall not be permitted to
expand substantially. Minor extensions of such properties may
be approved provided there will be no adverse effects on
surrounding properties or the environment and that the non-
conformity shall not be increased to exceed that permitted under
Section 108(3) of the Act.
4.2.2
Sensitive Development Areas
The Planning Area, by design, is not serviced by piped water or
sewers. The supply of water for development purposes is based on
on-site wells. There is no indication nor any studies that in future a
piped water supply will be available to provide a source of water for
the Town should the need arise as a result of the groundwater
supply not being able to support the water demands of the Town.
As a result, it is imperative that measures are put in place to ensure
the long-term sustainability of the Town's groundwater as a
municipal service for existing and future development.
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The 2019 Stantec Municipal Flow Groundwater Modelling Study
has determined that the long-term sustainability of the groundwater
supply can be supported on the basis of a rural development pattern
consistent with the current zoning of the Planning Area and future
rezonings shall be on the basis of primarily residential lots with on-
site wells with a minimum lot area of 4050 metres squared (m2).
An exception to this minimum lot area standard is in the higher
elevation lands identified in the Marine Drive, Stack's Point, Doran's
Lane and Red Cliff Road areas where larger lot areas will be
required to further minimize changes in groundwater levels. In these
specific areas, the Council will require that a provincial Level II
Groundwater Assessment will be required to be undertaken by a
qualified consultant to determine the appropriate lot area but
regardless of the conclusion of the Assessment, the minimum lot
area will not be less than 8090 metres squared (m2).
Prior to consideration of any increase in the density of development
in these higher elevated lands from that proposed in the Municipal
Plan and Development Regulations, the groundwater model must
be rerun and the results evaluated to ensure that the proposal or
rezoning will continue to support the long-term sustainability of the
groundwater supply.
Policies
a. The Municipal Groundwater Flow Modelling Study will be
required to be prepared prior to any rezoning and/or
development of land for higher density developments than that
outlined in the Municipal Plan, for proposed development
patterns with lot areas of less than 4050 metres squared (m2) or
for development that is a high-water user.
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b. Proposed development located in sensitive development areas
as identified on Map 2, the Environmental Protection Map of the
Development Regulations, will require the preparation of a
provincial Level II Groundwater Assessment undertaken by a
Professional Hydrogeologist or Professional Engineer with
formal training in groundwater science, and who is a member of
Professional Engineers and Geoscientists of Newfoundland and
Labrador (PEGNL) for consideration of Council, and the lot area
will be based on the recommendations of the Assessment but
regardless of the recommendations, the minimum lot area will
not be less than 8090 metres squared (m2).
c. A Municipal Groundwater Flow Modelling Study will be
undertaken as part of future Municipal Plan Reviews to evaluate
the long-term sustainability of the groundwater supply and to
identify any measures which need to be introduced to protect
and conserve the groundwater supply for the next planning
period.
4.2.3
Subdivision of Land
The process of dividing a parcel of land into two or more building
lots which may include land for streets, open space and public areas
is known as the "subdivision of land." The subdivision of land
requires the submission of plans to and the approval of Council prior
to the subdivision of land for development purposes.
Policies
a. Proposed subdivision development that fronts directly onto an
existing public street shall be known as a Minor Subdivision and
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shall provide the information as outlined in the Development
Regulations for Minor Subdivisions for Council review.
b. Proposed subdivision development that results in the creation of
new streets or extend existing streets or require the upgrading
or improvement to public infrastructure shall be known as a
Major Subdivision and shall provide the information as outlined
in the Development Regulations for Major Subdivisions for
Council review
c. All proposed subdivision developments will be subject to a
comprehensive evaluation by Council. The content of this
evaluation will be detailed in the Development Regulations and
shall include:
-
Analysis of all physical features of the site and the
opportunities and constraints to development that they
represent. Where possible, the layout of proposed lots and
streets shall conform to the topography;
-
Analysis of how the proposed subdivision development will
integrate with existing development, streets and municipal
infrastructure on adjacent lands, improve street connectivity
and provide for future access to undeveloped lands;
-
A review of the surrounding infrastructure including streets
and engineered infrastructure to determine if external
upgrading is required to accommodate the subdivision
development and, if external upgrading is required,
determine who is responsible for the cost of the external
upgrading;
-
A review of the compatibility between the subdivision
development and surrounding land uses, both existing and
future;
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Consideration of climate change impacts; and,
-
A review of servicing proposals by the developer and the
costs associated with the provision and maintenance of
public municipal services and infrastructure.
4.2.4
Subdivision Development Agreement
Policy
a. As a condition of development approval, Council may require the
developer to enter into a Subdivision Development Agreement
with the Town.
4.2.5
Council Assumption of Private Streets
Policies
a. Where Council has indicated its approval to accept an existing
private street as a public street, the existing private street must
be upgraded to the Town's standards before Council accepts
responsibility for the street and before further development is
allowed along the street.
b. New streets shall be constructed to the Town's street standards
before Council shall assume ownership and responsibility for
future maintenance. All streets which are to be transferred to
the Town shall have a legal land survey and a Deed of
Conveyance acceptable to the Town prior to Council assuming
ownership.
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4.2.6
Site Access and Public Street
Policy
a. All development shall front on a publicly-maintained street,
unless otherwise specified in this Plan. Development of each
lot shall have an individual access from a public street. Joint
use of an individual access for more than one lot or property
shall not be permitted unless otherwise determined by Council.
4.2.7
Accessory Land Uses, Buildings and Structures
Policies
a. Where a use is permitted in the land use designation, it shall
be Council's intention that uses, buildings or structures,
normally incidental or essential to that use, will also be
permitted.
b. Accessory uses, buildings or structures shall only be permitted
by Council once the main use, building or structure has been
established on the lot unless otherwise determined by Council.
c. Subject to the relevant policies of this Plan, a home office shall
be permitted by Council as an accessory use within a
residential dwelling provided that the home office is compatible
with nearby uses and is in keeping with the conditions of the
Development Regulations.
d. Commercial use of accessory buildings may be permitted
subject to the policies of the Municipal Plan and the standards
and conditions outlined in the Development Regulations.
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4.2.8
Municipal and Public Utility Works and Easements
Policies
a. Municipal and public utility works such as electrical power,
communication lines, telephone and pollution control facilities
shall be permitted in all land use designations provided that no
adverse effect on adjacent land uses or the environment is
created. Landscaped buffering, where appropriate, shall be
provided between any such works and adjacent land uses.
Underground wiring on public right-of-ways or public property will
not be permitted unless it is contained within a concrete structure.
b. Where land is required for utility easements or emergency
access, such land may be obtained by the appropriate agency
in the course of approving subdivision or other development
applications. Development shall not be permitted within the
easement or emergency access unless approval has been
granted by the authority having jurisdiction over the easement
or emergency access.
c. Where easements are required, the legal documentation that
describes the easement shall outline the purpose of the
easement.
4.2.9
Building Setback
Policy
a. Building setbacks from streets shall be provided in accordance
with the Development Regulations to preserve the right-of-way
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widths specified in the Municipal Plan. Adequate building line,
side yard, flanking side yard and rear yard setbacks from
streets shall be required in order to maintain existing street
standards and possible future street improvements or
upgrading. Setbacks should be sufficient to allow for
landscaping of front yards, vehicle off-street parking and not
interfere with the abilities of the Town's street maintenance and
snow-clearing programs. In certain circumstances, where
topography restricts the placement of a building in accordance
with the development standards, a larger building line setback
may be permitted to accommodate the development.
4.2.10 Open Space and Recreation
Policies
a. A minimum of ten percent (10%) of the land developed for the
subdivision shall be dedicated to Council as usable parkland.
Where it is determined by Council that the land is of an
insufficient size, inappropriate location or in an unusable state,
in lieu of land, Council may accept a sum of money equal to the
value of the land that would otherwise be required.
b. Preference will be given to the location of land for open space
dedication that enhances the public open space network and
allows for the integration and future expansion of the Town's
trail system in such a way that the open spaces are integral to
the neighbourhood to which they relate.
c. Where Council determines that open space land is required
and is to be dedicated to the Town, the open space will be
prepared and developed as required by the Council at the
commencement of the development to ensure that adequate
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open space and recreational facilities are provided for the Town
or families of the subdivision development as the construction
of dwellings is completed.
d. Council shall adopt a municipal services perspective in
ensuring the preservation of scenic viewpoints and ensure
long-term stewardship. Public access to natural areas and
open spaces shall be maintained.
4.2.11
Buffers Between Conflicting Land Uses
To reduce land use conflicts between land uses, Council will give
consideration to the use of buffers or screening to reduce impacts
from height, lighting, noise, odours and vibration where Council
determines that such buffers or screening will be beneficial.
Policies
a. Establish standards for buffers, screening, landscaping and
noise attenuation features that may be required as part of a
development proposal and are the responsibility of the property
owner to maintain.
4.2.12 Non-Residential Development Adjacent to Residential Lots
Council will endeavor to minimize environmental and development
impacts between proposed non-residential development and
existing residential development through the implementation of
specific
site
design
considerations
of the
non-residential
development as outlined in the Development Regulations.
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4.2.13 Environmental Preservation and Enhancement
Council will place high importance on environmental preservation
and enhancement given its importance to residents and to Council's
municipal natural assets "services" perspective and its intention of
enhancing the local environment and ensuring a sustainable quality
of life for residents.
Policies
a. The policy of preserving the natural environment will be
extended to all-natural systems including natural assets that
provides a municipal service within the Planning Area, including
natural drainage systems, wetlands, bogs, wildlife, plant and
fish habitats. The preservation of watercourses, wetlands,
waterbodies and shorelines will be a priority within the Planning
Area.
b. Wherever possible, the natural environment will be protected to
support undisturbed habitats for fauna and flora by maintaining
and connecting riparian buffers, natural green belts and
undisturbed forested land.
c. The
watershed
boundary
for
the
Town's
waterways,
waterbodies and wetlands extend beyond the Town's municipal
boundary into the City of St. John's and the Town of Torbay and
lands under the jurisdiction of the St. John's International Airport.
The headwaters of the Town's natural water systems are located
in these other municipalities. A priority of the Town with respect
to environmental preservation is to inform the adjacent
municipalities and airport of the importance of these water
systems in sustaining the quality and quantity of the Town's
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groundwater and to seek intermunicipal and interagency
cooperation in protecting these headwaters for the future
sustainability of the Town.
d. Development proposals shall include plans for grading, ditching,
stormwater runoff and landscaping. Significant alterations to the
natural environment (such as changing the drainage pattern or
removing vegetation) will be considered during the evaluation of
development proposals. Alterations which will adversely affect
adjacent property shall not be permitted unless the runoff
leaving the site conforms to the requirement of the Water
Resources Division of the Department of Environment and
Climate Change and permission is granted by the affected
property owner.
4.2.14 Soils and Drainage
Policy
a. Development shall only be permitted on lands having soil and
drainage conditions that are suitable to permit the proper siting
and development of the proposed onsite uses and services.
4.2.15 Removal and Deposit of Topsoil
Policjes
a. Excessive removal of topsoil from land will not take place unless
a permit has been obtained from Council.
b. A Development Permit will not be required for the removal,
deposit or grading of soil, sand, gravel, rock or other aggregate
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material from a property if such activity is part of a permit for the
development of the property and the volume of material affected
is less than 125 cubic metres (m3) .
c. When land is developed, topsoil from the property is to be
stockpiled on site and reused as part of the rehabilitation of the
lot or property.
4.2.16 Placement of Fill
Policies
a. The placement of fill on a property shall take into consideration
the slope and drainage of the property and shall ensure that the
placement of fill does not adversely impact the adjacent property
or watercourse, waterbodies and wetlands.
b. The placement of more than 3 truckloads of fill shall require an
application to and approval from the Town prior to the placement
of the fill commencing.
4.2.17 Land Use Around the St. John's International Airport
Due to the close proximity of the St. John's International Airport to
the Planning Area, development and uses of land around the
airport have an impact on the uses and operations of the airport.
Likewise, the approaches to and departures from existing runways
also affect use and development of land within the Planning Area.
Measures must be taken to ensure compatibility and sustainability
of the airport and surrounding land uses.
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The Federal Government has enacted the St. John's (Torbay)
Airport Zoning Regulations which limit the highest point of a
building structure or object above the surface of land within a
defined area (Outer Limit). This defined area affects a portion of
the Planning Area.
Incompatible development will not be permitted in potentially high
noise areas and, whenever possible, proper acoustical measures
be included in buildings to reduce noise from the Airport.
The St. John's International Airport Authority has identified the
most current Noise Exposure Forecast (NEF) zones for the St.
John's International Airport, as provided by Transport Canada. The
NEF zones which affect the Planning Area relate to Runway 11-26
whose boundaries are identified on the Future Land Use Map as
the 35, 30 and 25 NEF contours. Each of the zone's contours have
measures which relate to new development within each of the
zones.
The following policies apply to lands within the Planning Area
affected by the St. John's International Airport:
Policies
a.
NEF zones are identified as an overlay on the Future Land Use
and Zoning maps.
b.
The Town will manage land use to reduce conflicts arising from
air traffic noise by preventing residential development in
accordance with the NEF contours prepared by Transport
Canada and in accordance with the policies of the St. John's
Urban Region Regional Plan. New developments which are
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considered as noise sensitive uses such as residential uses,
daycare, senior homes, etc.), shall be prohibited from
developing in the 35-40 Noise Exposure Zones.
c.
New residential development in noise-impact areas between
the 35 NEF contour and the 30 NEF contour shall include
sufficient sound insulation as recommended by the Canada
Mortgage and Housing Corporation in the publication New
Housing and Airport Noise.
d.
As a condition of the Approval in Principle or Development
Permit, the property owner or developer of land situated above
the above the 30 NEF contour shall be required to issue a
notice to prospective purchasers concerning the restrictions on
Development in these areas.
e.
The Town shall ensure the height limit of buildings, structures
including radar, navigational aids or telecommunications
towers around the airport to which the St. John's (Torbay)
Airport Zoning Regulations applies is in accordance with the
requirements of the Airport Authority and Transport Canada for
airplane safety.
f.
That structures and landscaping on land in high noise areas
be designed to act as noise barriers or absorbers.
g.
That the change of use from noise-sensitive uses to noise-
tolerant uses (office, light industrial, etc.) be encouraged in
high noise impact areas.
h.
That noise levels, noise level forecasts
and
airport
development be monitored and the land use policies of this
plan be reviewed on the basis of forecasts variations.
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i.
The volume and frequency of helicopter movements shall be
monitored with a view to considering with the appropriate
federal, provincial and industry authorities, the establishment
of helicopter corridors to provide for safe operation with
minimum impact on noise-sensitive uses.
4.2.18 Environmental Site Assessment and Remediation
Where Council is aware or has reason to believe that a property is
contaminated, Council will require that as part of the application
review process, that the applicant employs a qualified consultant to
adequately assess the property and recommend measures to
rehabilitate the site as a condition of Approval in Principle or
Development Permit.
4.2.19 Offensive and Dangerous Uses
Where Council determines that a Development or use is considered
offensive or dangerous by causing or promoting fires or other
hazards or which may emit noxious, offensive or dangerous fumes,
smoke, gases, radiation, smells, ash, dust or grit, excessive noise
or vibration, or create any nuisance that has an unpleasant effect
on the senses, Council will require the applicant to undertake a
report by a qualified consultant that outlines the risks of the
offensive or dangerous use to other adjacent uses and, if possible,
what measures are to be undertaken to eliminate the offensive or
dangerous activities of the use.
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4.2.20 Property Maintenance
Policies
a.
All development shall be landscaped to the satisfaction of
Council. The exteriors of buildings, particularly commercial
properties, shall be properly finished and maintained to the
satisfaction of Council.
b.
Pursuant to Section 404 (1) (f) of the Municipalities Act. 1999,
where a building is in a dilapidated state, or is, in the opinion
of Council, unfit for human habitation, or another use for
which it is then being used, or is a public nuisance, the owner
or occupier is to pull down, remove, fill in or otherwise destroy
the building and restore the site to its original state, or make
the disposition or alteration of the building that the Council
order directs.
c.
Consideration shall be given to cleaning up any known
environmental hazardous material by the owner or occupier
of land and the clean-up will be conducted in a safe manner
and disposing the materials in an approved waste disposal
site.
d.
All development proposals shall be encouraged to take into
consideration "FireSmart" design principles in the site design
and landscaping of properties.
e.
Wrecked or inoperable vehicles, machinery or equipment of
any kind shall be removed from the property and, in the
interim period, shall not be stored or abandoned in front or
side yards, or where it may be in general public view.
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f.
Maintenance of development and properties will be regulated
through
the province's Occupancy
and Maintenance
Regulations which applies to the Planning Area made under
the Urban and Rural Planning Act, 2000.
4.2.21 Telecommunication Facilities
Telecommunications or wireless communication facilities are
governed
by
Federal legislation through
Industry Canada.
Telecommunication companies are required to apply to Industry
Canada for a licence to operate at each specific location.
While the Town is not the approving authority for telecommunication
facilities towers, such facilities are defined as development and, as
such, are processed under the Town's Development Regulations. It
is the intention, that although the Town i.s not the approval authority
for telecommunications facilities, that it will identify suitable locations
throughout the Town for these facilities that meet the company
needs while responding to the concerns of the Town and that the
proponent for telecommunication facilities will comply with these
locations.
Telecommunications towers are located on Town property at the
Depot property (Logy Bay Road and Power's Lane), at the rear
parking lot of the Jack Byrne Arena and on the former radar station
at the end of Red Cliff Road.
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Policies
a. Telecommunications facilities will be identified as a discretionary
use and shall be processed under the public consultation process
as outlined in the Development Regulations.
b. Telecommunications facilities may be permitted at the discretion
of Council in all designations except Rural Residential, Open
Space Recreation and Conservation designations and subject to
a discretionary use public consultation process.
c. Wherever possible and as a first option, telecommunications
facilities should co-locate on existing telecommunications
infrastructure or be structure-mounted on existing buildings or
structures provided they are not situated within or immediately
adjacent to lands designated for residential purposes.
d. Consideration
shall
be given
to the location of new
telecommunication towers with respect to its potential impacts on
existing development and compatibility with adjacent land uses
and where a standalone site is selected, architectural design and
screening of the structure will be encouraged.
4.2.22 Signage
The style and type of signage is to be in keeping with the rural
character of the Town. Commercial signage is to be of a scale and
type that is both complimentary and sensitive to the rural
landscape of the Town and that is not a dominant feature of the
rural landscape. Billboards shall not be permitted within the
Planning Area.
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Signage within the Planning Area is regulated by both the
provincial Highway Sign Regulations and the Town's Development
Regulations. The Highway Sign Regulations apply to all highways
which are constructed and maintained by the Department of
Transportation and Infrastructure. Within the Planning Area,
Marine Drive and Marine Lab Road are the highways to which the
Highway Sign Regulations apply in addition to the Town's
Development Regulations.
Marine Drive, Marine Lab Road and a portion of Lower Road are
also identified as scenic roads in the Regional Plan and the
Municipal Plan. It is also identified as part of the 55 kilometre (km)
long Killick Coast route which extends from Portugal Cove-St.
Philip's north to Pouch Cove and the south to the Town's southern
boundary. Both routes recognize the scenic value and vista of the
surrounding lands. There is wayfinding signage and branding of
Marine Drive, related to the Killick Coast initiative, but these are
now dated and have not been improved over the past number of
years and, as a result, has not improved the user's experience
along these routes.
Policies
a.
The type, scale and location of commercial signage will be
consistent with the rural character of the Planning Area and will
not dominate the rural landscape.
b. Signage along Marine Drive and Marine Lab Road shall be
subject to both the provincial Highway Sign Regulations and the
Town's Development Regulations. The more restrictive of
either set of Regulations will apply to signs along these streets
and permits for these signs will be required under both sets of
regulations.
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c.
It is the policy of Council that during the planning period, the
Town will apply to the Minister of Municipal and Provincial
Affairs to exclude Marine Drive and Marine Lab Road from the
application of the Highway Sign Regulations.
d. Billboards will not be permitted within the Planning Area.
e. Electronic digital signs may be considered by Council for public
uses provided such signs do not negatively impact adjacent
residential properties or become a distraction to motorists and
such signs are not in conflict with the provincial Highway Sign
Regulations
f.
The Town will give special regard to the design, location and
type of signage which is located within the Marine Drive scenic
road view plane to ensure that it does not detract from the
resident's or visitor's experience of a highly significant scenic
area.
g. The Town will improve initiatives regarding wayfinding and
community information signage throughout the Planning Area
and, where appropriate, the Town will participate in regional
wayfinding and branding opportunities.
h.
Signage
will
be
regulated
through
the
Development
Regulations which will authorize signs that:
1.
Are appropriate in size, number and location to the type
of activity or use to which they pertain;
2.
Provide reasonable and appropriate means for the public
to locate and identify facilities, businesses and services
without difficulty or confusion;
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3.
Are compatible with their surroundings;
4.
Protect and enhance the aesthetic qualities and visual
character of the Town;
5.
Do not create a distraction or safety hazard for
pedestrians or motorists, and;
6.
Minimize adverse impacts on nearby public and private
property.
4.2.23 Historic Resources
The Town recognizes that there is always the possibility that
historic resources may be located within the Planning Area. Under
the provincial Historic Resources Act, a historic resource is a work
of nature or of humans that is primarily of value for its
archaeological, prehistoric, historic, cultural, natural, scientific or
aesthetic interest, including an archaeological, prehistoric, historic
or natural site, structure or object. To ensure that archeological
resources are protected any public works project or major land
development that involves ground disturbance or any accidental
discoveries of historic resources is to be referred to the Provincial
Archeological Office of the Department of Tourism, Culture, Arts
and Recreation for review.
Policies
a. Prior to any major development that involves land use or
ground disturbance within the Planning Area, the Provincial
Archeological Office of the Department of Tourism, Culture,
Arts and Recreation will be contacted for review of possible
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historical resources within the lands to be developed and where
such resources are identified appropriate measures and
conditions of development approval are identified to protect the
historic resources.
b. Where development has commenced and accidental discovery
of historic resources has occurred in the undertaking of any
development, development activity must cease until approval
to proceed is given by the Provincial Archeological Office of the
Department of Tourism, Culture, Arts and Recreation.
4.2.24 Heritage Structures
Properties, houses and other buildings and structures which were
built in a traditional or distinctive architecture style (or otherwise
are deemed to have historic or aesthetic value by Council or a
department or agency of higher levels of government) shall be
considered heritage properties or structures. While currently there
are no provincially- or municipally-designated heritage properties
or buildings within the Town, a number of years ago the Heritage
Foundation of Newfoundland and Labrador documented Rose's
Dairy Farm Century Farm in Logy Bay, Hickey House on Lower
Road in Outer Cove, St. Francis of Assisi Roman Catholic Church
and St. Francis of Assisi Roman Catholic Cemetery as possible
places that the Town may wish to protect. Council has also
expressed interest in the heritage of the Bishop's House on Outer
Cove Road due to its significance in architectural styling and its
role in the history and growth of the Town.
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Policies
a.
It is Council's intention to protect heritage properties and
structures for aesthetic and historic reasons and for their
community value. Council may identify such structures in
accordance with The Logy Bay-Middle Cove-Outer Cove
Heritage Regulations, 2021 approved pursuant to Section
200 of The Municipalities Act.
b.
It is the policy of Council that, during the planning period, a
study of heritage structures and cultural landscapes be
undertaken to identify and/or support properties, buildings,
and structures of heritage significance.
4.2.25 Traditional Agricultural Uses
Logy-Bay-Middle Cove-Outer Cove has a long history and tradition
of farming and agriculture uses ranging from commercial farms to
hobby farming and small-scale growing of fruit and root crops and
raising of animals for personal use. While the level of commercial
agricultural activity in the Town has decreased over the years,
there is a strong and growing interest in hobby farming and home
steading in the Planning Area.
Policy
a. Nothing in this Municipal Plan shall prohibit this traditional use.
The Town supports the ongoing production of local foods
through hobby farming, community gardens and local food-
sourcing programs. Land use activities such as the growing of
root and fruit crops, keeping of domestic livestock as household
pets, poultry and beekeeping are permitted in rural residential
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land use zones subject to the conditions as outlined in the
Development Regulations providing the operation meets
government requirements, does not negatively impact the
residential quality of life of surrounding dwellings and the use
does not negatively impact the quality or quantity of the
groundwater supply.
4.2.26 Livestock Structures and Residential Development
Within the Town, there are three agricultural farms and two riding
stables which house 5 or more livestock units. These livestock
structures are located and have historically operated in close
proximity to residential uses. A minimum separation distance of
300 (m) has been created around these 5 livestock structures as
an agricultural buffer to ensure that any new development within
300 metres (m) of these structures does not impede or limit the
ongoing livestock use.
Policies
a. An agricultural buffer based on a 300 metre (m) wide radius
from established livestock buildings is created. This buffer is
identified and designated as an Overlay on the Future Land
Use, Zoning and Environmental Protection Maps.
b. New development for residential uses may be permitted within
the agricultural buffer provided the development is first
approved by the appropriate provincial departments taking into
account the manure management practices of the farm or
stable, effects on groundwater supply, and possible odours and
in accordance with the conditions specified in the Development
Regulations.
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c. Where new livestock structures are proposed, a minimum
separation distance of 300 metres (m) shall be required
between new livestock structures which house more than five
animal
units
and
adjacent
existing
non-agricultural
development subject to the conditions of the appropriate
provincial departments and agencies and the Development
Regulations.
4.2.27 Scenic Route View Plane
The lands along Marine Lab Road, Marine Drive and a portion of
Lower Road are identified as part of the Scenic Routes View Plane.
These lands shall be developed or used in such a manner as to
ensure that the scenic beauty of the area is maintained. In
particular, the visual view plane from Marine Drive and Lower Road
looking northwards along the Outer Cove Brook valley and all lands
within that view plane are considered by Council to form part of the
Scenic Route View Plane of Marine Drive. It is intended that special
attention will be given to site preparation and land use within the
area identified as the Scenic Route. Council will enforce occupancy
and maintenance regulations to have property owners along the
scenic road maintain their properties in a clean and neat fashion.
The storage of materials outside shall be limited.
Policies
a. The Scenic Route View Plane along Marine Drive, Marine Lab
Road and the northern section of Lower Road, are identified as
an Overlay on the Future Land Use, Zoning and Environmental
Protection Maps.
b. Council shall give special attention to protecting the significant
scenic value of the area designated as the Scenic Route View
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Plane with respect to the site preparation, development and
maintenance of property within the view planes.
c. Whenever possible, and subject to FireSmart principles, existing
trees shall be maintained within the Scenic Route View Plane on
residential lots. Only selective cutting of trees on the lot will be
permitted.
d. No wide-scale cutting of trees or mineral working operations shall
be permitted that is visible from the scenic road.
e. Commercial mineral extraction is not permitted within the Scenic
Route View Plane.
f. Outside storage shall be limited to residential-related uses and
shall be located in the Rear Yard of the properties or Lot and, if
visible within the view plane and where possible, be screened
by a vegetation Buffer or berm.
g. Site Plans shall require the approval of the Council prior to
issuance of the building permit. Site Plans must include the
location of structures on the site, areas in which the natural
vegetation is to be retained and the contours of the site amongst
other requirements as specified by the Council.
h. Where lands are identified as having significant scenic value, the
Council may restrict or prohibit the use or development of land
that would either detract or limited the scenic view.
i.
The storage of outside material shall be limited to residential-
related uses and shall be located in the Rear Yard of the
properties or Lot and, if visible within the view plane and where
possible, be screened by a vegetation Buffer or berm.
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4.2.28 The East Coast Trail
The East Coast Trail Association is a non-profit association which
has developed a natural walking/hiking trail within the Planning
Area along the coastline of the Atlantic Ocean as part of their much
larger regional coastal trail system. The Council is committed to
the maintenance of a buffer along the trail to protect the natural
landscape and views from the trail and to ensure that future
development does not negatively impact the trail.
Policies
a. Council, in reviewing development applications and issuing
development permits, shall take into account the existing and
future plans of the East Coast Trail Association and, wherever
possible and feasible, will incorporate the East Coast Trail plan
as part of the open space trail network plan for the Town
including trail connections into new subdivision developments
and development proposals as part of their open space
requirements for the Town.
b. The Town will engage landowners/developers to take into
consideration the effects of their developments on the
preservation of the East Coast Trail and the scenic beauty of
the landscape along the Town's coastlines. Consideration will
be given to provide incentives to property owners who support
and sign an agreement allowing the East Coast Trail
Association with a right-of-way across their private property for
the ongoing development and maintenance of the trail.
4.2.29 Coastal Reservation
The Town has over 11 kilometres (km) of coastline. Along this
coastline, the terrain ranges from open beaches to steep
coastlines and rock cliffs. These steep rock cliffs are considered
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as hazardous and unstable due to coastal erosion, climate change
and significant weather events.
Policy
a. The Town will prohibit non-essential development close to the
steep coastlines or rock cliffs due to potential rock falls and
landslides. To ensure that non-essential development is setback
sufficiently to protect both the developer/user of the land and the
environment, no building development shall be permitted within
30 metres (m) from the top of the steep coastlines along the
shorelines of the Town with the exception of conservation
structure, such as those designed to control flooding and
erosion,
as well as bridges,
pathways and
municipal
infrastructure subject to provincial and federal approvals as
required. The top edge of the steep coastline shall be defined as
the area of land where the slope is less than 25% for more than
a 30 metre (m) distance measured perpendicular to the coastline
and running inland from the steep coastline. From a point
located 30 metres from the steep coastline edge another 30
metre buffer is placed which no building development shall be
permitted. This coastal reservation is identified and designated
on the Future Land Use Map and in the Development
Regulations on both the Zoning and Environmental Overlay
Protection Maps.
4.2.30 Small Scale Solar Panels and Wind Turbines
Policy
a. Council recognizes that there is a growing interest in small-
scale solar panels and wind turbines being used to supplement
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individual domestic energy supply as a means of reducing
reliance on fossil fuels. Council supports the use of alternate
non-commercial energy production. Small-scale solar panels
are permitted in buildings. Wind turbine structures may be
permitted in the appropriate use zones subject to the
requirement of the Development Regulation.
4.2.31
Environmental Policies
Policies
a.
Environmental Protection Overlay Schedule and Map:
An Environment Protection Overlay Schedule (Schedule A)
and associated Environment Protection Overlay map (Map 2-
("Environmental
Protection
Map") forms
part
of the
Development Regulations which identify environmentally-
sensitive
lands,
including
watercourses,
wetlands,
waterbodies, coastlines and shore water zones and conditions
of development. The Environmental Protection Map also
identifies Flood Risk Corridors along the Town's major rivers
and watercourses which are prone or have the potential to
flooding which poses a risk to human safety and property
damage.
b.
Effects of Development:
Council shall consider potential environmental effects when
reviewing development applications within the areas identified
on the Environmental Protection Map. Council may require the
applicant to engage a qualified consultant to further determine
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the environmental importance or boundaries of the designated
flood risk areas, sensitive development area, watercourse,
wetland, waterbody and coastline.
In addition, Council shall also refer development proposals to
the Provincial or Federal departments such as the Department
of Environment and Climate Change, Digital Government and
Service NL and federal Fisheries and Oceans Canada for
advice and/or regulatory approval and/or permits.
c.
Protection of Watercourses, Wetlands, Waterbodies, Fish
and Waterfowl Habitat:
Watercourses, wetlands, waterbodies and the shoreline of the
Atlantic Ocean coastlines shall be protected from pollution,
degradation and
development. Wherever possible, an
environmental buffer of existing vegetation shall be maintained
along banks and shorelines where possible.
The buffers surrounding those watercourses, waterbodies and
shorelines that are considered highly significant have also
been designated and zoned as Conservation in the Municipal
Plan and Development Regulations to add an extra layer of
environmental protection to the water resource.
With respect to lands adjacent to all other watercourses,
wetland and waterbodies not designated or zoned as
Conservation, no development shall be permitted within 15
metres (m) of a watercourse and/or wetland and within 30
metres (m) of a waterbody unless a permit has been obtained
under the Water Resources Act and Regulations from the
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Department of Environment and Climate Change, Water
Resources Management Division and a Development Permit
from the Town. These environmental buffers are illustrated on
the Environmental Protection Map of the Development
Regulations.
d.
Passive Recreation Uses:
Passive recreation uses, including pedestrian trails or other
open space uses may occur within required buffers of
designated bodies of water, provided the impact and/or extent
of such development on the waterbody is determined by the
Town to be minimal.
e.
Environmentally-Sensitive Areas:
Development shall be prohibited in environmentally-sensitive
areas such as coastal shores, steep slopes, wetlands and
bogs.
Development shall also be prohibited in areas prone to
landslides and rockfall.
Development shall be prohibited in conservation designated
lands within 30 metres (m) of the rock cliff along the sea wall.
These areas are known for coastal erosion.
The Town recognizes that portions of the remaining
undeveloped lands in the Town are on steep slopes and
hillsides. A study shall be undertaken to calculate the
maximum percentage of slope that be can be considered for
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development purposes and which percentage of slopes are to
be conserved and protected and shall identify their location
and appropriate zone as part of the Development Regulations.
f.
Designated Flood Risk Corridors:
In an effort to reduce future flood damage and the risk to life,
the Future Land Use, Zoning and Environment maps identifies
the boundaries of Designated Flood Risk Corridors, as
mapped by the Town and the Water Resources Management
Division of the Department of Environment and Climate
Change. The Flood Risk Corridors have been designated on
Kennedy's Brook, Outer Cove Brook, Coaker's River, Druken's
River and Soldier's Brook.
Within these Designated Flood Risk Corridors, the Designated
Floodway, Designated Floodway Fringe and 15 metre (m)
Buffer are identified and more accurately identified in Map 2,
the Environmental Protection Map in the Development
Regulations.
Development within the Designated Floodway and Floodway
Fringe is either prohibited or restricted and the prohibitions and
restrictions are outlined in the Environment Protection Overlay
Schedule (Schedule A) of the Development Regulations.
Where practical, lands within the 15 metre (m) Buffer shall not
be developed and will retain their natural vegetation. A permit
is required under Section 48 of the Water Resources Act and
from the Town for any activities in or within 15 metres (m) of
these Designated flood risk areas. Any approvals for
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development within the buffer shall reserve as large a setback
as possible from the floodway and floodway fringe.
g.
Wetlands:
Where Council is of the opinion that a proposed Development
may affect a wetland, Council, at its discretion, shall:
(a)
Require the developer to have the wetland delineated by
a qualified environmental consultant, as outlined in the
Environmental Protection Overlay, Schedule A, in the
Development Regulations;
(b)
Establish a sufficient buffer from the edge of the
wetland, in which development will not be permitted;
(c)
Require other conditions or restrictions to protect the
wetland and/or,
(d)
Refuse to approve the development if it believes that
identified impacts cannot be sufficiently mitigated.
h.
Wetland Preservation:
Council shall monitor wetlands to prevent backfilling and
ensure wetland preservation.
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i.
Water Crossings:
Developments that require water crossings, bridges, culverts,
stream diversions and stormwater management devices, shall
be planned, designed and constructed to meet anticipated
impacts of climate and to ensure that fish habitat are preserved
and protected and pursuant to Section 48 of the Water
Resources Act obtain a permit from the Department of
Environment
and
Climate
Change,
Water Resources
Management Division.
j.
Development Along the Shore Water Zone
Pursuant to Section 48 of The Water Resources Act,
development in the Shore Water Zone along the coast and
bodies of water will require a permit from the Department of
Environment and Climate Change, Water Resources
Management Division.
k.
Waste Disposal:
Protective measures shall be taken to prevent or minimize
pollution when disposing of sewage and solid waste.
I.
Preservation of Trees:
Subject to FireSmart principles, mature trees shall be
preserved and replaced where necessary. Such trees shall be
removed only if they become dangerous because of age,
disease, proximity to a building, if they pose a safety hazard
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encroaching into the Town's public street rights-of-way, and/or
overcrowded, and unduly inhibit light and air circulation for
landscape purposes and building occupancy, or if they will
unduly inhibit construction.
m.
Upkeep of Properties:
Pursuant to the Occupancy and Maintenance Regulations,
Council shall promote the upkeep of residential properties,
businesses and institutions; repair or removal of dilapidated
buildings and structures; and prohibit indiscriminate dumping.
Businesses and contractors are to store their materials and
heavy equipment at the rear of their property or to screen it
from view.
4.2.32 Mining and Quarrying
Regulated mineral exploration shall be permitted in the Planning
Area as set out in the policies of this Plan and conditions of the
Development Regulations. Aggregate mining and extraction shall
only be permitted with a quarry permit or quarry lease from the
Mineral Lands Division, Department of Industry, Energy and
Technology and a Development Permit from the Town.
Mineral Exploration for minerals will be permitted in the Rural Land
Use designation and may be considered in undeveloped areas
identified in the Planning Area for future rural residential
development.
Commercial aggregate mining shall not be permitted within the
scenic view plane of Marine Drive.
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The adverse effects of mining and quarrying such as dust, noise
and visual impact shall be minimized through adequate separation
from adjacent land uses. Derelict lands are to be rehabilitated by
the operator prior to abandonment.
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5.
SPECIFIC LAND USE POLICIES
5.1
Land Use Designations
The lands within the Planning Area shall be managed and developed
according to the designations shown on Map 1 - Future Land Use Map and
the policies of this Municipal Plan. Policies outlined in this Section specify
Council's intent related to the uses, building and form of development in each
land use designation as follows:
-
Rural Residential;
-
Commercial Local;
-
Mixed Development;
-
Coastal Marine;
-
Public Use;
-
Open Space/Recreation;
-
Cemetery;
-
Agriculture;
-
Rural;
-
Conservation.
5.2
Interpretation of Land Use Designation Boundaries
The boundaries between land use designations as shown on the Future
Land Use Map are not intended to be rigid, except where they coincide with
physical features (such as streets, rivers, steams). Where boundaries do not
coincide with physical features or there is any uncertainty concerning the
intended land use designation, the exact determination of the boundaries
will be determined by Council and shall be made in a manner that is
consistent with the intent and policies of the Municipal Plan, the
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Development Regulations and without amendment to this Plan or the
Development Regulations.
5.3
Discretionary Powers of Council
a. When exercising its discretion to approve or not approve a Development,
Council shall take into account the Act, the Municipal Plan, these
Regulations and any policy adopted thereunder, and such other
considerations which are, in its opinion, material.
b. Where provisions herein are inadequate to meet the requirements of the
Municipal Plan, these Regulations or any policy adopted thereunder, or
these Regulations are silent or where requirements are left to the
discretion of Council, Council may establish the necessary requirements
5.4
Limitations to Development
Notwithstanding the conformity of a proposed development with this Plan
and the Development Regulations, development may be refused where one
or more of the following conditions exist:
1.
There is insufficient capacity in
the groundwater supply to
accommodate the development.
2.
The proposed development will reduce or negatively affect the
groundwater supply of existing development in the surrounding
properties or in the Planning Area.
3.
There is insufficient capacity in the stormwater system to accommodate
predicted increases in stormwater runoff volumes as a result of the
development.
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4.
The volume of traffic from the development would exceed the level of
service capacity of existing local or collector streets to accommodate it.
5.
The topography is unsuitable for development due to steep slopes and
ground conditions.
5.5
General
5.5.1
Uses Permitted in All Land Use Designations
The following uses shall be permitted in any Land Use Designation:
-
Public works and services,
-
Utilities (not including cellular towers),
-
Open space uses including parklands, walkways, trails and
passive recreational uses, and,
-
Unless otherwise noted, buildings, structures or uses that are
normally accessory, incidental or essential to a permitted use.
5.5.2
Development Standards
Unless otherwise identified in this Plan, Council shall establish in
the Development Regulations the uses, standards and conditions
for development in each land use zone.
Council may add or revise the uses, standards and conditions for
development in any land use zone by amendment to the
Development Regulations, provided the changes are consistent
with the intent of this Plan.
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5.5.3
Non-Conforming Uses
Within the Town there may be properties where buildings and uses
do not conform to the Municipal Plan or standards set out in the
Development Regulations.
Policies
a.
In accordance with the Urban and Rural Planning Act, 2000,
nothing in this Municipal Plan shall affect the development or
use of land to continue in a manner that does not conform with
this Plan provided that the non-conforming use legally existed
before the coming into effect of this Municipal Plan and
Development Regulations, 2021.
b.
Mineral workings at quarry sites established before a zoning
or other planning decision which restricts or disallows mineral
working shall be considered a non-conforming use as per
Section 108 of the Urban and Rural Planning Act, 2000, and
allowed to continue accordingly.
c.
It is Council's intention that changes to non-conforming
buildings or uses are made in a manner that will, over time,
bring them into conformity with the Municipal Plan and
Development Regulations provided that the changes to the
non-conforming building or use does not increase the non-
conformity and
an expansion must comply with the
Development standards applicable to that building, structure
or Development.
d.
Requirements for non-conforming uses shall be set out in the
Development Regulations.
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e.
In determining whether a legal non-conforming use has been
discontinued, or in evaluating proposals for a change from one
non-conforming use to another non-conforming use, Council
shall take into consideration a fair balance between the
individual landowner's interest and the community's interest.
f.
A use shall be considered to be discontinued where:
1. the scale or intensity of the activity can be considered to
bring about a change in the type of use; or if
2. the addition of new activities or the modification of old
activities is, in the opinion of Council, considered remote
from previous activities.
5.6
Relationship Between Land Use Designations and Corresponding
Use Zones
The Land Use Designations of the Municipal Plan are further detailed and
implemented through the Use Zones of the Development Regulations. The
following are the Land Use Designations and their corresponding Use
Zones:
Future Land Use
Designation
Land Use Zone(s)
. Rural Residential One (RR 1)
. Rural Residential Two (RR2)
Rural Residential
. Rural Residential Three (RR3)
. Rural Residential Four (RR4)
. Residential Development Area (RDA)
Commercial Local
. Commercial Local (CL)
Mixed Development
. Mixed Development (MD).
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Coastal Marine
. Coastal Marine (CM)
Public Use
. Public Use (PUB)
Open Space/Recreation
. Open Space/Recreation (OSR)
Cemetery
. Cemetery (C)
. Agriculture 1 (A 1)
Agriculture
Agriculture 2 (A2)
.
Rural
. Rural (RUR)
Conservation
. Conservation (CON)
5.7
Rural Residential
The Rural Residential designation applies to established and developing
residential lands of the Town. This designation affects the largest portion of
the Planning Area. The purpose of the Rural Residential designation is to
accommodate residential development while preserving the amenity and
rural character of existing residential areas and to reserve lands for future
residential use throughout the Planning Area. The Town does not provide
municipally-piped water and sewer services and shall promote residential
development of a low-density nature that can sustain the groundwater
supply with on-site services.
The Rural Residential designation shall be divided into the following five
use zones in the Development Regulations;
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Land Use Zone
Purpose
To recognize the existing low-density pattern of traditional
sing le-detached dwelling development along the older
Rural Residential One
established streets in the Town characterized by smaller
rural lots on a minimum lot area of 2025 metres squared
(m2)_
To recognize the predominant rural development pattern
Rural Residential Two
within the Town based on a minimum lot area of 4050
metres
squared
(m2)
consisting
of single-detached
dwellings.
To recognize the rural development pattern along the east
Rural Residential Three
side of Doran's Lane with a minimum lot area of 4050 metres
squared (m2) consisting of single-detached dwellings.
To accommodate a development pattern consisting of large
rural estate lots in a Sensitive Development Area on the
Rural Residential Four
basis of a minimum lot as determined by a Groundwater
Assessment or a minimum lot area of 8090 metres squared
(m2) whichever is greater.
Residential Development
To identify
lands
for
future
residential
subdivision
Area
development that require area-wide concept plans and
rezoning prior to development.
5.7.1
Rural Residential Land Use Designation Policy
Lands within the Rural Residential land use designation may be
considered for rezoning from one residential use zone to another
without a Municipal Plan amendment where, in the opinion of
Council, a proposed development is consistent with the policies of
this Municipal Plan.
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5.7.2
Land Uses
Within lands designated Rural Residential, single-family detached
dwellings with or without a subsidiary apartment, home office,
traditional residential agricultural use, community garden shall be
permitted. Accessory buildings and uses normally associated with
the above uses shall also be permitted subject to the development
standards
and
conditions
outlined
in
the
Development
Regulations.
Discretionary uses that may be permitted include animal use, bed
and breakfast use, convenience store, family child care,
educational, personal care home small scale wind turbines and
commercial use of accessory buildings provided:
a) the lot meets the minimum frontage and lot area standards of
the zone in which it is located,
b) the lot can accommodate the activities of the proposed
development including parking and access requirements and
c) the proposed development does not, in the opinion of Council,
does not adversely affect the residential quality of the area
through increased traffic, noise, unsightly premises and similar
considerations.
5.7.3
Environmental Aesthetics
Residential development, as well as other discretionary uses that
are developed, shall preserve the scenic quality of the community,
with emphasis on building design and landscaping of new
development in accordance with FireSmart principles and with tree
cutting limited to that necessary for construction, space around the
building and for the installation of a septic field.
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5.7.4
Recreation Uses
Compatible recreation uses such as playgrounds may be located
within lands designated as Rural Residential provided that
adequate screening from nearby properties is provided and safe
setback distances from the streets can be obtained.
5.7.5
Family Childcare
Family Childcare use to care for up to 6 children shall be permitted
within a single-detached dwelling and must not adversely affect the
residential quality of an area through excessive traffic, noise or
similar considerations that may be associated with the business.
Any Family Childcare business shall be operated in accordance
with provincial Child Care Services Act and all applicable
Regulations.
5.7.6
Traditional Agricultural Uses
Small scale traditional hobby farming and small-scale fruiVroot crop
farming and their accessory uses shall be permitted in Rural
Residential designations, as outlined in policy 4.2.25.
5.7.7
Animal Use
Animal use in Rural Residential designations are discretionary uses
and shall be restricted to the raising of animals domestically for
personal purposes as outlined in policy 4.2.25 unless otherwise
determined by Council ..
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5.7.8
Commercial Use of Accessory Building
The commercial use of a residential accessory building may be
permitted but are limited to non-nuisance and non-intrusive uses
such as art-and-crafts use. The number of persons working at the
enterprise shall be limited to one person and that person shall be
a resident living at that residential property where the discretionary
use is permitted. The use shall be carried out in a separate
accessory building from the residence and the size and scale is to
remain minor to the main permitted use of the single-detached
dwelling. There shall be no outdoor storage of equipment or
materials. Activities associated with the use are not hazardous and
do not create a nuisance by reason of noticeable noise, odour,
dust, flames, or result in electrical interference. Council will ensure
that adequate parking is available for the use and that no vehicles
are stored on the property, dismantled or left on site for extended
periods of time. The requirements for buffering shall be determined
by Council at the time of reviewing the application. Council shall
give considerable attention to the type of use, the hours of
operations, buffering, parking and effects on surrounding residents
in permitting any such uses within residential designated lands.
5.7.9
Residential Subdivisions
In order to ensure efficient use of land and future provision of
services to avoid a proliferation of individual cul-de-sacs that are
costly to service and to ensure that development is properly
located so as not to interfere with optimal future development of
adjacent lands, subdivision proposals will be considered only if
they conform to an Area Concept Plan that accounts for the
development of lands abutting the site or for a much larger
development area and has been approved by Council.
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A priority for development in a residential subdivision will be the
preservation of natural characteristics and aesthetics. This will be
achieved by the protection of environmentally-sensitive lands,
strict enforcement of minimum
recreational
open
space
requirements and special provisions in development permits such
as Subdivision Agreements which contain requirements for
maintenance of tree cover along lot frontages and lot boundaries.
Building permits for dwellings will not be issued except for lots
fronting onto public streets for which a street Agreement has been
reached between the Town and the developer. Services ( streets,
storm drainage and improvements to external services to
accommodate the subdivision development, etc.) will normally be
i_nstalled at the expense of the developer.
Subdivision development plans, engineering site plans and
building designs shall meet the approval of Council. Building
permits will not be issued unless the Department of Digital
Government and Service NL has approved the on-site water
supply and sewage disposal system for each lot. Lot layouts and
the sighting of buildings must follow development standards of the
Town.
5.7.10
Subdivision Development Plans
Subdivision Development Plans are required to be prepared by the
developer and reviewed and approved by Council. The Subdivision
Development Plan is prepared for specific subdivision proposals in
detail and will address all needs pertinent to development of the
site in the form of a report, maps and drawings as required by
Council and, shall include the following:
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a) Statement of conformity to the goals, objectives and policies of
the Municipal Plan;
b) Where required, conformity to an Area Concept Plan as
approved by Council;
c) A description of the subject lands;
d) Consideration of land ownership as it will affect the layout of
streets and the optimal use of land and municipal services;
e) Access to the site from existing roads and internal street layout;
f) Demonstration of the long-term viability of any proposed on-site
servicing system through soil analysis and other appropriate
site evaluation. A site assessment in this regard that has been
carried out as part of an Area Concept Plan may suffice if
Council is satisfied that it accurately depicts the conditions of
the proposed subdivision development site;
g) Phasing scheme;
h) Provision for lotting;
i) Provision for the dedication of 10% of open space recreation
lands or alternative measures;
j) Adherence to the Town's engineering development design
standards for streets designs, grades, storm drainage, building
lines, accesses, landscaping, buffers, development standards
for each lot, etc., and,
k) Other information that Council may require.
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5.7.11
Residential Subdivision Area
The Residential Subdivision Area land use zone applies to tracts
of undeveloped land which borders developed residential areas
which are identified for future residential subdivision development.
Non-building uses related to agriculture, community gardens,
forestry, mineral exploration and conservation are permitted.
Discretionary use that may be permitted include mineral working.
An Area Concept Plan is required within the Residential
Subdivision Area in order to ensure that subdivision development
proceeds in an orderly and efficient fashion that respects the
environmental integrity of the land while making optimal use of land
and municipal services. Generally, Area Concept Plans must be
for areas large enough to show the relationship between adjacent
parcels of land and proposed streets. Area Concept Plans that deal
with individual cul-de-sacs proposed on single parcels of property
will not be approved unless it can be proven the development will
not interfere with the optimal development potential of surrounding
lands.
An Area Concept Plan will address the needs pertinent to planning
and development of the area concerned, including:
a) Conformity to the goals, objectives and policies of this
Municipal Plan;
b) A description of the subject lands;
c) Proposed use of all land in the area concerned taking into
account Council's aim to promote orderly development and the
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economical
use
of
municipal
services
and
protect
environmentally-sensitive lands;
d) Concurrence or consultation by adjacent landowners who are
impacted directly by the Area Concept Plan with respect to the
Land Use Plan and street network;
e) Access to the site and internal street layout taking into account
the existing street network and possible street connectivity in
the vicinity;
f) Consideration of land ownership as it will affect the design and
development of streets and subdivisions with adjacent lands;
g) Description of impacts on adjacent land uses;
h) Assessment of possible impacts on the natural environment of
the area and,
i) Phasing scheme for the proposed subdivision development.
Residential development within the Residential Subdivision Area is
not permitted to proceed until:
a)
An Area Concept Plan has been prepared and approved by
Council;
b)
A public consultation has been held regarding the proposed
development of the lands based on the Area Concept Plan;
c)
Pursuant to Section 48 of the Water Resources Act, a
groundwater assessment is prepared by the applicant and
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submitted to Department of Environment and Climate Change,
Water Resources Management Division for approval.
d)
Council approval of the Area Concept Plan and the lands are
rezoned to the appropriate rural residential zone to permit the
residential development of the lands to proceed; and,
e)
A detailed Subdivision Plan has been prepared in accordance
with Section 5.5.10 of the Municipal Plan and approved by
Council.
5.8
Commercial Local
The Commercial Local land use designation applies to local commercial
properties within the Town. The Commercial Local designation shall
accommodate commercial activities that are developed primarily as retail
outlets and service activities oriented towards local residents and highway
users. Lands designated as Commercial Local require locations with good
visual exposure to passing traffic and efficient, safe vehicular access. There
is one Commercial Local designated property in the Town which is identified
as the Needs Convenience retail strip on Logy Bay Road.
5.8.1
Land Uses
The uses permitted include; childcare, office, medical and
professional, personal service, shop and convenience store and
recreational and open space.
Discretionary uses that may be permitted include catering
(restaurants), general service, mini-mall, light industry, outdoor
market, service station, gas bar and electric charging station, take-
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out food service, veterinary use and small scale wind turbine . .
Both permitted and discretionary uses are subject to the
development standards of the Commercial Local Use Zone of the
Development Regulations.
5.8.2
Comprehensive Site Plans
Council shall require developers to provide a Comprehensive Site
Plan for proposed developments indicating building locations,
delivery areas, parking spaces, accesses, landscaping and
buffers, and where other development components are to be
located. In assessing proposals, Council will be primarily
concerned with aesthetic factors, scale and conformity with the
desired character of the area and compatibility with other land uses
in the vicinity.
5.9
Mixed Development
The development pattern along the southern portion of Logy Bay Road
between Coaker's River and the southern Town boundary is characterized
by a mix of residential and commercial uses, some of which are associated
with residential uses, while other businesses are standalone buildings. It is
the intent of this Plan to permit limited commercial, small-scale industrial
uses and residential uses along this section of Logy Bay Road. The Mixed
Development designation shall incorporate both limited commercial and
residential development while, at the same time, ensuring the protection of
existing residential development along this section of Logy Bay Road.
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Policies
5.9.1
Land Uses
Within the Mixed Development designation, community garden, child
care, home office, single-detached dwelling with or without a
subsidiary apartment, and recreational open space shall be
permitted.
Discretionary uses such as adult daycare (residential), agriculture,
automotive
sales,
bed-and-breakfast,
catering
(restaurants),
commercial use of an accessory building, convenience store, funeral
home, general industry, group home, light industry, long-term care
facility, medical, personal and professional services, office, personal
care home, personal service, take-out food service, veterinary,
service station, gas bar and electric charging station, shop, small
scale wind turbine and telecommunications structure and antenna
and may be permitted provided they are compatible with the
residential character of the area and do not cause a nuisance by
virtue of excessive noise, dust, odour, increased traffic or hours of
operation.
Both permitted and discretionary uses are subject to the development
standards of the Mixed Development Use Zone of the Development
Regulations.
5.9.2
Adverse Effects
Adverse effects of any proposed commercial development on
adjacent residential uses shall be minimized through proper site
layout, scale of development and buffering.
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5.9.3
Access to Street
Access points to the public street for commercial uses shall be
limited in number and properly designed in order to keep the street
safe and efficient for both vehicles and pedestrians.
5.9.4
Parking Requirements
Adequate off-street parking and loading facilities shall be provided.
5.10 Coastal Marine
The Coastal Marine designation has been placed on waterfront lands to
protect them for fishing and other marine-related uses that require a
waterfront location and direct access to the ocean.
Policies
5.10.1
5.10.2
Location
Land designated as Coastal Marine is located at Outer Cove
beach and in the location of Memorial University Ocean Sciences
facility on the Marine Lab Road at Logy Bay.
Land Uses
Permitted uses are restricted to development and land uses
related to the fishery and/or marine-related uses, educational
(marine related), telecommunications, open space recreational
uses, transportation, small scale wind turbine, telecommunication
structure and antenna use. Mineral exploration and uses that are
accessory to these uses may also be permitted at the Council's
discretion.
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5.10.3
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The permitted uses are subject to the federal and provincial
requirements and approvals of the appropriate federal and
provincial authorities and the development standards of the
Coastal Marine Use Zone of the Development Regulations.
Building Setbacks
Notwithstanding the development standards within the Coastal
Marine Use zone, additional building setbacks and restrictions on
the use of land may be imposed by Council in order to minimize
the risk of damage caused by coastal erosion, storm surges and
flooding.
5.11
Public Use
Lands are designated Public Use to permit government, places of worship,
educational and other uses for general or limited public access. Facilities
required to deliver municipal services to residents are also within the intent
of this designation. This designation applies to the lands associated with the
Town Hall, municipal operations depot, St. Francis of Assisi School, St.
Francis of Assisi Church and the Gurdwara Sikh Temple.
Policies
5.11.1
Land Uses
Lands designated as Public Use shall be for community-oriented
facilities such as, childcare, clubs and lodges, community gardens,
general assembly, government offices, places of worship,
recreation buildings, recreational open space, schools and their
accessory uses.
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Discretionary uses may be permitted provided that they will not
conflict with the satisfactory operation of existing facilities or the
future development of public uses. The discretionary uses that may
be permitted include complementary uses may include adult day
care, medical treatment and special care, office, outdoor assembly,
personal care home, vending stand, small scale wind turbine,
telecommunication structure and antenna use and their accessory
uses.
Both permitted and discretionary uses are subject to the
development standards of the Public Use Zone of the Development
Regulations.
5.11.2 Compatibility with Residential Uses
The development and operation of new facilities and buildings for
public use will not impose adverse effects on adjacent residential
areas in terms of traffic, noise, light and hours of operation.
5.12 Open Space/Recreation
Land designated as Open Space/Recreation is for active and passive
recreational non-building uses such as parks, playgrounds, trails, ski slope
areas, and buildings which are accessory to the open space uses. Council
shall endeavour to reserve land at various places in the Town for Open
Space/Recreation uses.
Within the Town, existing recreational uses include the public recreation
areas of the Justina Centre, Kelly Park and the Nageira Crescent
neighbourhood park. There are also a limited number of trails including the
East Coast Trail which are interspersed throughout the Town but are not
comprehensively interconnected to create a Town-wide trail system.
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Policies
5.12.1
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Hierarchy
The Town will establish and maintain a hierarchy of parks, trails
and public open spaces to create a network of community and
local parks connected by a regional and local trail system through
the preparation of an open space and trail study.
5.12.2
Acquisition of Open Space Lands
5.12.3
The Town will ensure that lands required for public open space
are acquired through the development approval process or
through land acquisition for lands identified for open space
purposes.
Land Uses
Permitted uses include community garden, parks, ski slopes,
sports fields, linear trail systems, pathways to serve pedestrians,
bicyclists and cross-country skiers and accessory recreational
facilities are permitted.
Discretionary uses such catering (take-out food), cultural and
civic uses, indoor assembly, outdoor assembly, vending stand
small scale wind turbine may be permitted provided they are
compatible with the open space recreational use of the land.
Both permitted and discretionary uses are subject to the
development standards of the Open Space/Recreation Use Zone
of the Development Regulations.
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5.12.4
5.12.5
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Effects Surrounding Property
Development and operation of recreational facilities shall not
impose adverse effects on adjacent residential and other uses in
terms of noise, traffic and hours of operation.
New Open Space and Recreation Facilities
New open spaces, playgrounds and recreation areas will be
developed by both land developers and the Council to meet the
future recreational needs of the community. Wherever feasible,
every effort shall be made to ensure that the open space and
recreation facilities are designed with principles of inclusiveness
and accessibility for all.
5.12.6
Trail Development
The development of passive recreation facilities such as walking
or nature trails and associated interpretation programs shall be
encouraged provided they will not have an adverse impact on the
natural environment and residential properties.
Prior to the approval an Open Space and Trail Plan, the
subdivision of land shall take into account the emerging
development of a trail system that interconnects subdivisions with
other subdivisions and other parts of the Town, particularly along
the shores of waterways, watercourses and wetlands and where.
feasible, connect with the East Coast Trail with an Open Space
and Trail Plan is approved by the Town.
Trail development and associated buffer and infrastructure shall
be developed to the standards as adopted by the Town.
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5.12.7
East Coast Trail
Within the Town, the East Coast Trail Association is developing a
natural walking/hiking trail along the coastline of Atlantic Ocean as
part of a regional coastal trail system. Its existing and proposed
route is delineated on the Future Land Use and Zoning Maps.
Policies
Council shall ensure that wherever possible:
-
a buffer be maintained along the trail to protect the natural
landscape and views from the trail and to ensure that future
development does not negatively impact the trail;
-
landowners/developers are to take into consideration the
effects of development on the preservation of the East Coast
Trail and the scenic beauty of the landscape along the
coastline;
-
natural topography and vegetation will be maintained;
-
a buffer, free of development, will be maintained between the
East Coast Trail and shoreline recreational uses or wharves;
and,
-
Council shall support further work on the East Coast Trail as
a hiking/walking trail and its associated infrastructure with
minimal disturbance to the surrounding land.
5.13 Cemetery
Lands designated as Cemetery shall be established for existing and planned
cemeteries in the Town. This designation applies to the lands associated
with the St. Francis of Assisi Cemetery located on Cemetery Lane.
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5.13.1 Land Uses
Cemeteries and their accessory use and structures such as,
columbarium and mausoleums shall be permitted within the
Cemetery designation provided that such uses are compatible with
surrounding land uses.
Permitted uses are subject to the development standards of the
Cemetery Use Zone of the Development Regulations.
5.13.2 Cemetery Enhancements
The property owners or developers of cemetery lands will be
required to undertake ongoing natural enhancements to the natural
landscape of the cemetery to ensure that the cemetery is
maintained in an acceptable aesthetic state and adds to the visual
and scenic quality of the Town.
5.14 Agriculture
Lands within the Planning Area which form part of the ADA are designated
as Agriculture on the Future Land Use Map. In 2005, there were four
sections of the ADAs in the Planning Area which were designated as
Agriculture. As a result of a 2013 provincial review of the St. John's Urban
Region Agriculture Development Area, one section was removed from the
ADA reducing the ADA to three which are in effect today.
These three ADAs form the basis of the Agriculture designation which
accounts for approximately twelve ( 12) percent of the Planning Area. It is
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intended that the lands designated Agriculture will protect and encourage
agricultural usage and agricultural-related development. Residential
development associated with the agricultural use of the lands may also be
permitted.
The Agriculture designation shall be divided into the following two use
zones in the Development Regulations;
Land Use Zone
Purpose
To recognize agriculture uses along with an associated
single-detached dwelling
as approved by Land
Agriculture One
Development Advisory Authority, Agriculture Branch,
Department of Fisheries, Forestry and Agriculture on a
minimum lot area of 4050 metres squared (m2).
To recognize agriculture uses along with an associated
single-detached
dwelling
as approved
by
Land
Development Advisory Authority, Agriculture Branch,
Agriculture Two
Department of Fisheries, Forestry and Agriculture in a
Sensitive Development Area on the basis of a minimum
lot as determined by a Groundwater Assessment or a
minimum lot area of 8090 metres squared (m2)
whichever is greater.
Policies
5.14.1
Land Uses
No development shall be permitted within this designation unless
it is directly connected with or ancillary to an agriculture use or
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5.14.2
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unless it is first approved by the Land Development Advisory
Authority, Agriculture Branch, Department of Fisheries, Forestry
and Agriculture.
Within the Agricultural designation, Agriculture uses, animal use,
community garden, domestic forestry use, home office within an
existing
single-detached
dwelling,
indoor
riding
stable,
recreational open space, single-detached dwelling with or
without a subsidiary apartment, and their accessory uses shall
be permitted uses.
Discretionary Uses including outdoor market, rural industry,
veterinary use and small scale wind turbine may be considered
by Council, provided it can be demonstrated that there will be no
adverse impact upon agricultural uses.
Both permitted and discretionary uses are subject to the approval
of the Land Development Advisory Authority, Agriculture Branch,
Department of Fisheries, Forestry and Agriculture and the
development standards of the Agriculture Use Zone of the
Development Regulations.
Preservation of Agriculture Activities
New development shall not adversely affect existing agricultural
uses
or
activities
within
the
Agricultural
designation.
Encroachment of non-compatible uses shall not result in the
limiting or discontinuance of a permitted agricultural use.
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5.14.3
5.14.4
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Impact of Development on Adjacent Uses
Council shall give due regard to the impact of new agricultural
development or uses on existing adjacent development and to
other development in close proximity to the proposed agricultural
development but which is located outside the Agricultural
designation.
Buffers for Livestock Structures
New livestock structures shall not be allowed to locate within 300
metres (m) of an existing or planned residential area.
Environmental considerations such as the impact of effluent on
water quality will also be given close scrutiny.
5.14.5
Subdivision Development of Land for Non-Agricultural
Purposes
5.15
Rural
With the exception of the subdivision development of a property
to create a lot for residential purposes as approved by the Land
Development Advisory Authority, Agriculture Branch, Department
of Fisheries, Forestry and Agriculture, the further subdivision
development of the property within the Agricultural designation for
non-agricultural purposes is not permitted.
The Rural designation has been placed on those lands that are intended to
be used primarily for rural resource and conservation uses. Approximately
twenty-six percent (26%) of the Planning Area is designated as Rural.
Lands that are environmentally or hydrologically sensitive or for other
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protected under the Rural designation. It is intended that the lands so
designated shall generally retain their present rural character. The Rural
designation is dispersed throughout the Planning Area primarily located
between Marine Drive and the coastline and in the undeveloped backlands
of developed properties which front onto the public street network of the
Town.
Policies
5.15.1
Land Use
Land designated as Rural shall permit agriculture, animal use,
community garden, domestic forestry use, home office within an
existing single-detached dwelling with or without a subsidiary
apartment,
recreational
open
space,
mineral
working,
conservation and associated rural resource uses.
Discretionary uses such as cemetery, indoor riding stable,
outdoor assembly use, outdoor market, recreational open space
use, mineral exploration, rural industrial activity associated with
the resource base single-detached dwelling with or without a
subsidiary apartment, veterinary use, telecommunications
facilities and small scale wind turbine and antenna (subject to
Regulation 6.14) may be permitted by Council, provided these
uses need to be located close to resources or for some other
reason cannot be located close to the built-up portions of the
Town.
Both permitted and discretionary uses are subject to the
development standards of the Rural Use Zone of the
Development Regulations.
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5.15.2
5.15.3
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Single-Detached Dwelling
A single-detached dwelling that is associated with a permitted
use may be permitted at the discretion of Council if it is deemed
to be necessary for the continuation of the established use and
the single-detached dwelling fronts onto a publicly-maintained
street.
Mineral Working
Mineral workings include the extraction, exploration, processing
or storage of gravel, sand, rock or any other mined material,
concrete and asphalt making, rock crushing, quarrying, sand and
gravel pits and other types of mining in general. Council will
prohibit all but very small-scale mineral workings and related
activities from taking place within general view of streets, in
particular the Marine Drive Scenic Road View Plane and
developed areas, and will not allow development of new mineral
workings activity at any location in the Planning Area where it
would create a negative impact on the scenic route or other visual
amenities. The mineral development shall be limited visually from
highways or local streets or developed areas by buffers.
Dust, smoke, noise, truck and heavy equipment traffic, long- and
short-term blemishes on the landscape and potential spills of oil,
gas and other chemicals stored on site are among the negative
aspects of mineral working development. No mineral workings or
related activity (at any scale) anywhere within the Planning Area
shall be allowed if it will, or may potentially, contaminate the
groundwater supply, pollute the environment, inconvenience or
endanger residents, create unsightliness or prevent the site or
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surrounding area from eventually being used for other
development.
All mineral working activities shall be conducted in a manner that
minimizes the adverse effects of mining and quarry operations,
and that the derelict lands resulting from such operations are
properly rehabilitated. In considering proposals for new mineral
working operations including quarries, Council shall require:
(a) Adequate separation distances between the mineral
working operation and adjoining uses;
(b) A minimum separation distance of 50 metres (m) between a
mineral working use and any waterbody or watercourse;
(c)
The implementation of environmental protection measures
to prevent and mitigate excessive truck traffic, noise, dust,
disturbance of plant and animal habitat, watercourse and
shoreline erosion and visual intrusion on the landscape;
(d) Rehabilitation of abandoned/spent sites, including
hydroseeding or tree planting to encourage vegetative
regeneration; and,
(e) The proposed operations shall be evaluated in conjunction
with the Department of Industry, Energy and Technology
and the Department of Environment, Climate Change and
Municipalities.
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5.16 Conservation
The intent of the Conservation designation is to protect certain lands within
the Town which by reason of their intrinsic character, are sensitive,
vulnerable, ecologically significant or have natural or recreation values.
Approximately seventeen percent ( 17%) of the Planning Area is designated
as Conservation. They include wetlands, watercourses, bodies of water,
shoreline frontages, steep cliffs, a portion of the East Coast Trail along the
shoreline, recreation fields, playgrounds, cemeteries, as well as open
natural spaces such as woodlands, greenbelts, buffers, natural trails, areas
of scenic attraction for public enjoyment, etc. Other sensitive lands may be
designated Conservation in the future under an amendment to this
Municipal Plan.
Policies
5.16.1
Land Uses
The intent of the Conservation designation is to protect and
conserve environmentally-sensitive and important lands from
adverse development. Public infrastructure and development
associated with conservation use shall be permitted. Passive
recreational uses such as parks, walking trails and their
associated structures may be permitted, provided that they will
have no adverse effect on the site.
Discretionary uses such as agriculture, docks and wharves,
recreational open space, small scale wind turbine may be
permitted provided they are compatible with the intent of the
conservation use of the Land.
Both permitted and discretionary uses are subject to the
development standards of the Conservation Use Zone of the
Development Regulations.
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5.16.2
5.16.3
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Conservation Designation Along Waterbodies and
Watercourses
Along the shore of a waterbody, the Conservation designation
includes all land within 30 metres (m) of the shoreline. Along
watercourses, the Conservation designation includes land within
15 metres (m) of the high water mark of the watercourse.
Proposed developments affecting waterbodies or watercourses,
such as stream crossings, watercourse alterations and other
public works may be permitted in limited circumstances where it
is shown they will have minimal adverse impact. The number and
size of such activities will be minimized. Any such proposed
development may require a site-specific study to determine the
level of risk and measures acceptable to Council to mitigate
adverse impact of such activities shall be referred for review and
approval to the Department of Environment and Climate Change,
Fisheries and Oceans Canada and other relevant agencies as
required by Council.
Preservation of Natural Landscape
It is also essential that all the visual amenities and land
unsuitable for development such as the shoreline, rivers, brooks,
streams, floodplains, steep slopes, and rock outcrops are
preserved and retained in their natural state. This can add to the
open space system and complement the rural development
pattern of the Planning Area. Areas of scenic attraction and with
recreational potential shall be preserved and protected.
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6.
TRANSPORTATION
Residents within the Town are almost fully dependent on the automobile for travel.
There is no public transit nor bikeways in the Town. There is some trail development
but active transportation initiatives have been sporadic to date.
The Town's street network has been evolving from one of a rural pattern of direct
access to adjoining lands and indirect access to the backlands of the Town to a
more organized street pattern based on subdivision design and specific public
improvements of the street system. With the exception of Marine Drive and Marine
Lab Road, all public streets within the Town are municipal streets. Marine Drive and
Marine Lab Road are designated provincial highways but function as part of the
local street system. The main north-south thoroughfares in the Town are Marine
Drive, Logy Bay Road and Outer Cove Road and the main east-west thoroughfares
are Snow's Lane, Pine Line and Middle Cove Road. For the most part, all
thoroughfares connect the Town to the adjacent municipalities of the City of St.
John's and the Town of Torbay which have a more extensive street network than
the Town.
In more recent times, new development within the Town and development in the
adjacent municipalities have put pressure on the Town's street network. Upgrading
of existing streets and intersections where necessary, improving street connectivity,
developing active transportation pathways and improving the functioning of the
street network will be a priority over the planning period to calm traffic, create safer
pedestrian corridors, improve traffic flow and to improve access at street
intersections.
Pedestrian safety must be addressed in considering improvements to the street
network as most pedestrians walk on the shoulder of the streets which have
insufficient shoulder widths for safe passage of pedestrians.
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More recently, there has been a growing desire by residents for an integrated
community-wide trail system that provides safe walking corridors throughout the
Town and creates connections with the trail networks of the City of St. John's, Town
of Torbay and the East Coast Trail.
In 2016, a conceptual trail plan was prepared by the Grand Concourse Authority on
behalf of the Town for the general area south of Pine Line to the municipal boundary
and generally east of Logy Bay Road and the Lower Road. This conceptual trail
plan did not extend beyond this area to provide a comprehensive trail plan for the
Town. This conceptual trail plan can be used as a guide until such time as a more
comprehensive open space and trail plan has been prepared and approved by the
Council.
Although not a means of transportation within the Town, the major international
airport in the province, the St. John's International Airport, is in close proximity to
the Town's western municipal boundary and its Noise Exposure Zones have an
influence over land uses in the approaches to the airport's runways.
Policies
6.1
Street Classifications
Streets in the Planning Area are in three classifications, Collector Streets,
Local Streets and Scenic Roads as illustrated on the Future Land Use Map
and Zoning Map and are subject to the following policies:
6.1.1 Collector Streets
Logy Bay Road, Marine Drive, Pine Line, Middle Cove Road, Outer
Cove Road and Snow's Lane and the proposed new collector street
between Pine Line and Logy Bay Road are and will be classified as
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Collector Streets. Collector Streets are intended to collect traffic from
local streets to an arterial street or distributes it from the arterial or
local street network.
Direct access to abutting properties on a Collector Street shall be
permitted in accordance with the Council's standards as outlined in
the Development Regulations.
6.1 .2 Local Streets
The remaining streets within the Planning Area are classified as Local
Streets. Direct access to abutting properties on a Local Street shall
be permitted in accordance with the Council's standard as outlined in
the Development Regulations.
The development of new Local Streets or extensions to existing
streets, may be permitted in the Planning Area to facilitate permitted
development where;
1. The street is part of a detailed plan of subdivision which shows the
relationship between the proposed street, lots and surrounding
land uses;
2. As an extension to an existing street, the existing street provides
access for a substantially-developed area;
3. The street network of the development does not result in a d~ad-
end street which exceeds the limits considered acceptable for
ensuring public health and safety in unserviced areas,
4. The creation of local streets as through-traffic routes are
discouraged;
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5. The extension of a street is along an existing public right-of-way
which is of adequate width and which is owned and maintained by
the Town prior to any residential development being permitted,
and,
6. The street is constructed to the design standards as required by
Council at the expense of the developer, ensuring proper width,
street reservation, turning circle and layout. The municipal street
system is to facilitate the efficient movement of people and goods
throughout the Planning Area.
6.1.3 Scenic Road
In addition to Marine Drive's function as a Collector Street and the
Marine Lab Road and Lower Road as Local Streets, all three streets
are also designated as Scenic Roads by the St. John's Urban Region
Regional Plan 1976. Marine Drive and Marine Lab Road are also
provincial highways.
After, a review of the development pattern and scenic view planes
along these Science Roads, Council has determined that the scenic
road designation on Lower Road should only apply to the northern
section of the street and is so designated on the Municipal Plan and
Zoning Maps. The scenic road designation shall continue to be
applied on Marine Drive and Marine Lab Road.
Direct access to abutting properties and intersection connections on
a Scenic Road shall be in accordance with the conditions of approval
from the Department of Transportation and Infrastructure and the
Council's standards as outlined in the Development Regulations.
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Council, along with the cooperation of the Department of
Transportation and Infrastructure, shall consider streetside parking
areas in conjunction with development of a proposed scenic outlook.
6.2
Street Network Plans
Where Council anticipates residential development to occur in areas which
are currently undeveloped and an Area Concept plan has not been prepared
for the area under consideration, Council may identify the areas that require
Street Network Plans through a resolution of Council and prepare street
network plans for these areas prior to residential development occurring in
these areas. Street Network Plans will consist of identifying locations for new
street locations and intersections that provide access into the backlands of
these areas and a proposed street layout throughout the area which will
ensure proper and safe access throughout the area.
6.3
Five-Year Street Improvement Plan
Council shall prepare and update annually, as part of its asset management
plan, a plan for the upgrading of local streets and to undertake a street
upgrading program in accordance with a five-year street improvement plan.
These improvements should also be coordinated with the ongoing
improvements to the stormwater infrastructure.
6.4
Outer Ring Road Intersection at Logy Bay Road and Marine Drive
Council will explore improvements to the Outer Ring Road Intersection at
Logy Bay Road and Marine Drive with the City of St. John's and the
provincial government as a priority transportation initiative.
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6.5
Ongoing Intersection Improvements
Over the course of the 10-year planning period, the Town will focus on
intersection improvements throughout the Town including the Logy Bay
Road and Snow's Lane intersection and the Logy Bay Road and Cadigan's
Road/Stick Pond Road intersection as outlined in the 2019 Logy Bay-Middle
Cove-Outer Cove Transportation Study.
Council may require, at the developer's expense, installation of traffic control
devices as may be necessary on existing and or new streets to ensure
vehicular and pedestrian safety as a result of a Development.
6.6
Proposed Local Streets
As a result of previous plan amendments a number of proposed streets
were identified for future development purposes. These proposed streets
are classified on the Future Land Use and Zoning Maps as future local
streets.
6. 7
Proposed North-South Collector Street
A North-South Collector Street is proposed to be developed and form part of
the evolving street network of subdivision development proposals in the
section of the Town bounded by Snow's Lane, Logy Bay Road, Pine Line
and the municipal boundary with the City of St. John's and the Town of
Torbay. This
proposed
North-South
Collector Street is identified
conceptually on the Future Land Use Map and Zoning Map as an Overlay. It
is Council's intention that the future subdivision of land in this area be
developed to include this proposed Collector Street.
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Further public consultation on this North-South Collector is to be undertaken
during the term of this Municipal Plan in order to identify, more accurately,
the location of the street through this area and its connections with the Pine
Line and Logy Bay Road. Once a street right-of-way is determined for the
Collector Street, the street right-of-way will be designated and protected on
the Zoning Map from other land uses or developments_
Future residential development should only proceed on the basis of the
Collector Street being built and connecting to either Pine Line or Logy Bay
Road in order to alleviate traffic congestion and provide an alternative travel
route from the St. Francis Road and St. Francis of Assisi School and St.
Francis of Assisi Church area of the Town.
6.8
Trail Network Plan
A Community Wide Comprehensive Trail Network Plan be prepared,
implemented and developed over the course of this plan. In the meantime,
the 2016 conceptual Grand Concourse Trail Development Plan be used as
guide for the development of the trails within the boundaries of that plan
until such time as a community-wide trail plan is prepared and approved by
Council.
Wherever possible, the Trail Network Plan should be located along the
waterways, waterbodies and significant natural features of the Planning
Area and minimize the sharing of the street right-of-ways for both vehicular
and pedestrian traffic. The Trail Network Plan should provide connections
for all parts of the Planning Area, connect to the East Coast Trail where
feasible and connect with adjacent municipalities to promote a regional trail
network.
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6.9
Pedestrian-Crossing Controls
All locations, where the trail system connects and crosses a street, proper
crossing controls including street markings, signage and infrastructure
improvement at these locations shall be installed for the safe crossing of
pedestrians.
6.10
Parking Areas
Council will investigate opportunities to develop parking areas at locations
where there is traffic congestion as a result of substantial on-street parking.
Wherever possible, these parking areas will be developed in conjunction with
other government departments or community groups.
6.11
Street and Trail Standards
The development or redevelopment of streets including street reservations,
right-of-ways, trails and trailways shall be in accordance with the
development standards as outlined in the Development Regulations and the
Development Design Standards as approved by Council.
6.12
Street Improvement Lines
Council may, by resolution, establish street reservations, street improvement
lines, street lines and building lines to existing and proposed streets to
ensure the efficiency and safety of the street network and the proper
development of property abutting the existing or proposed street.
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6.13 Conveyance of Street Reservations
Where street reservations for street connections to adjacent properties are
identified as part of subdivision development plans or are required by
Council as part of a development proposal, the street reservation shall
extend to the limit of the property boundary and the developer shall convey
that portion of the private property which is in the street reservation at the
time of development.
6.14 Conveyance for Property Where Required
Where required by Council, infill and subdivision development ·along
existing streets shall be required to convey property to the Town to ensure
adequate street right-of-ways and reservations widths are retained.
6.15 Traffic Study
Where it is determined by Council, a traffic study will be required to be
prepared by the developer as part of the development application review
process for the development of land to predict traffic volumes, impacts of the
development on the Town's street system and the improvements required to
accommodate the development and the study may also form a component
of a Land Use Assessment Report as part of a development proposal
application.
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7
SERVICES
7.1
Water
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The Town is not serviced by piped water from the Regional Water System
nor from any local water supply supplied by the Town. There are also no
protected watersheds within the Planning Area for a water supply source.
Water is provided to residents and businesses through on-site wells.
In 2016, the St. John's Regional Drinking Water Study examined the
anticipated water demand and required improvements to accommodate the
region's population growth over a 35-year planning horizon. The Planning
Area was not included in the study and there was no recommendation to
extend regional water services to the Planning Area. As a result, there will
be a continuing reliance within the Planning Area for on-site wells to provide
water for development purposes. Measures need to be introduced and
enforced to ensure the quality and quantity of the groundwater supply within
the Planning Area is not compromised in order to sustain a long-term potable
drinking supply for the Town.
Development involving main buildings within the Planning Area will continue
to be serviced by an on-site water supply.
Policies
7.1.1
On-Site Water Supply
All main buildings will be required to be serviced by an on-site
water supply. Prior to the issuance of a building permit, the on-site
water supply system shall be designed in accordance with Service
NL requirements and approved by the provincial Department of
Digital Government and Service NL.
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7 .1.2
Non-Domestic Water Use
All non-domestic water use obtaining water from any water source
must apply and obtain a water use license prior to Development
commencing.
7 .1.3
Groundwater Assessment for Subdivision Development
In accordance with the Groundwater Supply Assessment and
Reporting Guidelines for Subdivisions Serviced by Individual Private
Wells prepared by the Water Resources Management Division,
Department of Environment and Climate Change, Subdivision
Development of 5 to 15 lots will require the submission of a level 1
study and for proposed subdivisions of greater than 15 lots a level
II study prior to the Subdivision Development proceeding.
In addition, Council will require that Subdivision Development of less
than 5 lots within Sensitive Development Areas as identified on
Environmental Protection Map in the Development Regulations will
also require a level II water assessment study as per the provinces
Groundwater Supply Assessment Guidelines to ensure that the
groundwater quality and quantity can be sustained for the specific
subdivision and the surrounding Development.
7 .1.4
Groundwater Supply Model
Where it is determined by Council that a development proposal may
have a negative impact on the groundwater supply, Council may
require the developer, at the developers expense, and subject to the
conditions of Council, to rerun the groundwater supply model as
developed by Stantec Engineering Consultants to determine if the
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development will negatively affect the groundwater capacity for the
area of the development or the Town.
7.1.5
Open-Looped
Groundwater-Sourced
Heat
Pumps
Not
Permitted
Open-looped groundwater-sourced heat pumps shall not be
permitted for development being serviced by on-site wells.
7 .2
Sewage Disposal
The Planning Area is not serviced by a municipal-piped sewerage system.
Sewage disposal throughout the Planning Area is based on on-site septic
tank systems. Within the 10-year planning horizon of this Municipal Plan,
there are no plans to introduce a piped sewerage system by the Town.
Measures have to be taken to ensure that septic tank systems are designed,
constructed and maintained in an environmental-friendly manner so as to
not negatively affect the groundwater supply for the Planning Area.
Policies
7 .2.1 On-Site Sewage Disposal System
All main buildings will be required to be serviced by an on-site sewage
disposal system. Prior to the issuance of a building permit, the onsite
sewage disposal system shall be designed by an Approved Designer
who is registered with Service NL and the design shall be in
accordance with the requirements and approval by Service NL.
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7.2.2 Septic Tank Field to be Kept Free of Development
The area of the septic tank field on a property shall be kept free from
further development to minimize the potential for a disruption to the
septic tank tile field which, if disrupted, could result in contaminating
the groundwater supply.
7.2.3 Minimum Distance to Waterbodies and Waterways
Sewage disposal systems shall be no closer than 30 metres (m) from
a waterbody or watercourse.
7.2.4 Disposing of Sewage Waste
Protective measures shall be taken to prevent or minimize
groundwater contamination when disposing of sewage waste.
7.2.5 Pumping Out Septic Tank System
In accordance with the provincial government's Private Sewage
Disposal and Water Supply Standards, septic tank systems should be
pumped out every 4 years to maximize the health and safety of the
system and to minimize tile field failure and groundwater
contamination.
7 .3
Storm Drainage
With the exception of the lower eastern portion of St. Francis Road, the
Planning Area is not serviced by a municipal-piped storm sewer system. The
Town uses side ditches along its streets as well as waterways, wetlands and
waterbodies as the means of stormwater disposal. Council will give special
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attention to storm drainage measures which protects the natural
environment while, at the same time, providing appropriate storm drainage
measures for the development of land. Development shall be required to
meet standards for storm drainage as established by Council.
Policies
7.3.1 Adverse Storm Water Impacts Not Permitted
Development will not be permitted on any property where it would
otherwise be permitted under these Regulations when, in the opinion
of Council, the Development will create or aggravate adverse
stormwater impacts such as excessive runoff onto adjacent
properties, soil erosion, scouring and silt deposition of streams or
reduction of surface or groundwater quality. The approval of a storm
water drainage plan will be required as a condition of a Development
Permit issued by the Town. Council may also require the developer
to engage a qualified consultant engineer with expertise in hydrology
and
stormwater management design
to
address
any site
Development issues that may arise during the course of the
properties Development.
Should storm or surface water potentially drain or is directed onto
adjacent properties, the works will have to conform with the
requirements of the Water Resources Management Division of the
Department of Environment and Climate Change.
7 .3.2 Council Approved Storm Management Systems
The collection and distribution of surface drainage and stormwater in
all development including subdivision development shall utilize
Council-approved storm management systems such as detention
ponds, drainage ditches, wetlands, waterways and waterbodies.
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7 .3.3 Zero Net Runoff Policy
Council shall require that all development, including buildings,
driveways, parking areas, grading of land and excavation of drainage
ditches, adhere to Council's zero net runoff policy and is carried out
in a manner that does not cause an excessive increase of stormwater
runoff and/or erosion affecting adjacent properties, steep or unstable
slopes, nearby watercourses and other sensitive areas.
7.3.4 Storm Drainage to Drain to Suitable Outlets
Prior to approving any development application, the Council shall be
satisfied that adequate storm drainage is provided to a suitable outlet
and the development shall meet Council's Storm Detention Policy.
7.3.5 Design of Storm-Management Measures
All storm-management measures shall be designed and developed to
accommodate the 1:100-year plus climate change flooding events.
7 .3.6 Lot Grading Plan
The development of properties, as a condition of approval, shall
require a Lot Grading Plan which illustrates the flow of surface and
stormwater so as not to create flooding for the new development
and to direct the flow of water into existing ditching or waterways
and not onto adjacent properties.
7.3.7 On-Site and Off-Site Storm Drainage Works
The provision of on-site and off-site storm drainage works to
adequately service the proposed development shall be the
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responsibility of the developer and shall be designed and developed
to the Council standards. Where the storm drainage works include
disposal to an open watercourse, adequate easements for
maintenance and operations shall be provided and necessary
approvals
obtained
from
the
appropriate
authorities
having
jurisdiction.
7 .3.8 Stream Preservation
It is Council's intention to preserve streams in their natural state. In
areas where stream improvement or realignment is necessary, the
fish habitat shall be preserved and all work is to adhere to the
"Guidelines for Protection of Fish Habitat in Insular Newfoundland"
published by the Fisheries and Oceans Canada and to the
requirements of the Provincial Department of Environment, and
Climate Change.
7 .3.9 Erosion and Sediment Control
The development of sites shall have adequate erosion and sediment
control measures in place to prevent pollution of the Town's
waterways, wetland and waterbodies.
7.4
Waste Disposal
The Town provides a waste collection service by private contractor to
residents and business. When collected, the waste is disposed at the Robin
Hood Bay Regional Waste Management Facility.
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7.4.1 Measures to Prevent Contamination
Protective measures shall be taken to prevent or minimize
contamination when disposing of solid waste.
7.4.2 Property to be Free of Waste Accumulation
Property shall be kept free from the accumulation of rubbish, waste
material, debris or other material which, because of its improper
storage, may cause the breeding or collection of flies, mosquitoes or
rodents or which, in another manner, is or may become a nuisance.
7.4.3 Waste Collection
Waste material from property shall only be disposed and collected by
the Town in accordance with the Town's Garbage Pick Up Rules and
Recycling Guidelines. Other waste material from property not
collected by the Town shall only be disposed of at an approved waste
collection facility in accordance with the Waste Material Disposal Act.
7 .4.4 Spreading of Fish Offal or Waste
Manure, fish or fish offal, or discharge waste shall not be spread on
land situated less than 75 m from the source of a supply of water used
for drinking purposes when the draining of the land is towards the
water supply.
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7 .5
Fire Protection
Since 2014, fire protection services to the Planning Area have been provided
by the St. John's Regional Fire Department. The Planning Area provides
unique fire protection challenges due to its lack of a reliable source of piped
water and the development pattern and topography of the area. It is
important that local fire protection measures be identified to assist the St.
John's Regional Fire Department in adequately responding to fires within the
Planning Area.
Policies
7 .5.1 Water Access and Dry Hydrants
Council shall, in consultation with the St. John's Regional Fire
Department,
identify
locations
for
water
access
and
dry
hydrants/tanks throughout the Town to increase fire protection
services.
7 .5.2 Subdivision Development to be Assessed by Fire Department
New subdivision development shall include an assessment by the St.
John's Regional Fire Department to determine the need for dry
hydrants/tanks to improve fire protection services to the subdivision
development and, where required, the developer shall include the dry
hydrant/tank as part of the public infrastructure for the subdivision
development.
7.5.3 Incorporation of FireSmart Principles
Measures to mitigate a home's vulnerability to wildfire or FireSmart
principles should be incorporated into site plans for new development.
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7 .6
Emergency Response
Police Protection to the Planning Area is provided by the Royal
Newfoundland Constabulary. Hospital and ambulance service is provided by
the province through Eastern Health. The St. John's Regional Fire
Department serves the fire protection needs of the Town. Emergency
response communications is provided by the provincial NL911 system.
Proper access to and identification of properties is an important element of
efficient emergency response.
In the broader context, an Emergency Management Plan has been prepared
by the Town pursuant to the Emergency Services Act which incorporates a
systematic response with associated resources {which may include
intermunicipal, provincial, federal, private
business and
non-profit
organizations and agencies) to a significant municipal emergency.
Policies
7.6.1 Access to Emergency Services
Council shall review new development and redevelopment proposals
to ensure that they are done in a manner that provides access to
emergency services, including the provision of adequate water for fire
suppression.
7 .6.2 Construction of Cul-de-Sacs
Where, in the opinion of Council, the end of an existing street does
not have an adequate surface or area for the adequate turnaround of
emergency vehicles, a cul-de-sac designed and constructed to the
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Town Development Design Guidelines will be created through an
ongoing program of land acquisition and street upgrading.
7.6.3 Civic Numbering of Main Buildings
Main buildings of all new development shall have an easily identifiable
civic number visible from the public street on which the property or lot
fronts. Where the main building is situated on a property or lot which
does not allow for an easily identifiable civic number, the civic number
shall be placed on a structure or feature which is adjacent to the public
street in order to easily identify the property.
7 .6.4 Review of Emergency Management Plan
The Town's Emergency Management Plan will be reviewed on an
annual basis to ensure that it is up to date and in compliance with the
Emergency Services Act.
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8
LOCALGOVERNANCE
The Municipal Plan sets out the overall framework for land use and development
policy for the Town of Logy Bay-Middle Cove-Outer Cove. This is a dynamic and
evolving document and should continue to reflect and provide direction to the
changing environment within the Town. This document is part of a suite of municipal
documents and initiatives that are interrelated and used in the effective governance
of the Town.
Local Governance and the strong relationship of Council to its citizens is an
important component of managing change. A key to quality public service is to
ensure prudent fiscal management of Town resources and to allow for access to
information and provide opportunities for meaningful input as the Town responds to
change.
The Council consists of a Mayor and six (6) Council members who are elected at
large. Council conducts its business through a committee structure which provides
recommendations to Council at regularly held public Council meetings.
Currently, the Town has seven (7) permanent staff positions and up to forty-one
( 41) call-in, contractual, and seasonal staff during different times of the year to
implement the initiatives of Council and to oversee and provide basic rural service
delivery to Town residents and businesses. The Town also has a number of private
contractual services to support the provision of services to the Town.
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Policies
8.1
Strategic Planning
Within the first year of the election of a new Council, a review of its Strategic
Plan and all strategic initiatives will be undertaken by Council and, if required,
updated to ensure clarity of vision for the Town, consistency of approach,
and smooth integration of concepts and initiatives.
During all major strategic initiatives of Council, the Municipal Plan shall be
taken into consideration to ensure that the initiative is consistent with the
goals, objectives and policies of the Plan, and the Plan will be amended, if
required, to reflect any changes in land use and development policy as a
result of these initiatives.
8.2
Fiscal Responsibility
Council shall continue to manage the Town's finances in a fiscally-
responsible manner.
8.3
The Organizational Structure
With changing demands, and as needs are identified, Council shall ensure
that the Town's organizational structure be adjusted whenever necessary to
respond to the changing needs and resources of the Town.
8.4
Public Engagement
Council shall continue to investigate effective ways of communicating with
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the public and gauging public opinion on issues that are of interest or
concern for the community. As part of this review, Council shall ensure that
information is made available in many forms and utilizing available
technology.
8.5
Information Systems
Council will continue to take advantage of information and electronic
technology to improve its service delivery, to provide information to its
citizens and to ensure that its information systems including land information
systems are current and up to date for effective decision making.
8.6
Regional and lntermunicipal Engagement
Wherever possible and appropriate, Council shall partner and engage with
other municipalities in the region and participate in issues and projects of
shared interest.
Council will pursue joint collaboration with its adjoining municipalities, the
City of St. John's and the Town of Torbay, on matters that jointly affect both
the Town and these neighbouring municipalities including the following:
-
Consultation on development applications, including where appropriate
joint development agreement, for development of properties that cross a
municipal boundary, abut or are immediately adjacent to a neighbouring
municipality.
-
Planning and land use issues within the watersheds of the Jones Pond
Brook, Kennedy's Brook, Soldier's Brook, Outer Cove Brook and
Druken's River.
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Intersection and street improvements of streets which cross municipal
boundaries including Middle Cove Road, Pine Line, Snow's Lane and the
intersection and ramps of the Outer Ring Road and Logy Bay
Road/Marine Drive.
-
Future recreation planning and trail development around Jones Pond and
the Jones Pond Brook waterway.
-
The future recreational, commercial and residential development of the
area immediately surrounding the Jack Byrne Arena.
Wherever it is in the best interest of the City, Council shall cooperate and
participate in regional initiatives and organizations.
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9
IMPLEMENTATION
The Municipal Plan will be implemented over the next ten years through decisions
of Council in consultation and collaboration with federal and provincial agencies.
Of particular importance to Council are the following:
-
effective goals, objectives and policies that guide the future growth and
development of the Town;
-
administering the Plan in an effective and efficient manner;
-
the adoption of annual Municipal Capital Works program;
-
adopting land use zoning, subdivision and advertisement regulations (the
Development Regulations);
-
the procedure for considering amendments to the Plan that respond to specific
studies, initiatives or projects that further the goals and objectives of the Plan;
and,
-
inform and engage the citizens on the planning and future development of the
Town.
9.1
Administration of the Municipal Plan
For the purposes of administering the Municipal Plan, the Future Land Use
Maps shall be read only in conjunction with the Goals, Objectives and
Policies outlined in this document. All development applications will be
carefully evaluated as to their conformity to the Municipal Plan. The full
conformity of all proposals to the Municipal Plan shall be required by
Council.
The Municipal Plan is to be read in conjunction with any adopted
Development Scheme, with the Development Regulations, as well as with
any subsequent amendments to the Plan.
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All persons wishing to develop land for any purpose within the Planning
Area shall apply to Council for permission through the established
procedure. Council may approve applications with or without conditions.
Prior to the major development of land within the Planning Area a
development agreement may be required which will be signed by both the
developer and the Council. This agreement shall establish the conditions
under which development may proceed and shall be binding to both parties.
Conditions governing developments may also be enforced by being
attached to the development permit.
Nothing in this Plan shall affect the continuance of land uses which are
lawfully established on the date that the Plan is adopted by Council.
9.2
Comprehensive Development Schemes
At any time after the adoption of the Municipal Plan, the Council may
prepare and adopt Comprehensive Development Schemes for the purpose
of carrying out specific proposals in sub-areas of the Planning Area.
Development Schemes can be considered a second layer of policy under
the Municipal Plan.
Development Schemes are a specific set of policies which:
Identify opportunities and address issues related to land use in certain
defined geographic locations.
-
Adapt and implement the objectives, policies, land use designations
and overall planning approach of the Town's Municipal Plan to a local
or neighbourhood context.
-
Establish local development policies that will guide growth and change
in that area to promote a desired outcome.
-
Promote consistency in new/developing areas and compatibility
between existing and future land uses that require revitalization.
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A Development Scheme may provide for the acquisition, assembly,
consolidation, subdivision and sale or lease by the municipality of land .and
buildings that are necessary to carry out provisions of the Municipal Plan.
The Scheme may reserve land for future acquisition as the site of any public
Streetway, service or building, or for a school, park or other open space and
may make such agreements with the owners of the land, as will permit its
acquisition and use for those purposes. The Development Scheme may
also specify the manner in which land is to be used, subdivided or
developed and may regulate the construction of buildings which would
interfere with the carrying out of the Development Scheme.
Development Schemes are prepared, approved and brought into effect in
the same manner as the Municipal Plan, as established in Section 29 of
The Urban and Rural Planning Act, 2000. Once approved by Council,
registered with the Minister of Municipal and Provincial Affairs and Notice
of Registration placed in The Newfoundland and Labrador Gazette, a
Development Scheme becomes a part of the Municipal Plan.
A number of potential areas within the Planning Area have been identified
as possible Comprehensive Development Areas for which Development
Schemes shall or may be prepared during the planning period. These
areas include the current areas within the Town identified as part of the St.
John's Urban Region Agricultural Development Area and designated as
Agriculture on the Town's Future Land Use Plan Map. Other candidate
areas include Snow's Lane area north to Pine Line, Marine Drive to Red
Cliff Road to the coastline and the Pine Line north to Middle Cove Road to
the Town's municipal boundary.
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9.2.1
Lands identified within the Planning Area as part of the St. John's
Urban
Region
Agriculture
Development Area which are
designated as Agriculture which are removed from the ADA by the
province shall be redesignated to Comprehensive Development
Area to allow for the preparation of a Comprehensive
Development Scheme.
9.2.2
Development within the other candidate areas (Snow's Lane Area
North to Pine Line, Marine Drive to Red Cliff Road and Pine Line
North to Middle Cove Road) shall be allowed to continue on the
basis of the land use designation and zoning in effect until such
time as Council makes a formal motion to proceed with the
preparation of a Comprehensive Development Scheme for the
specific area under consideration.
9.2.3
When Council has designated an area for a Comprehensive
Development Scheme, the following uses, prior to its adoption,
will be permitted: agriculture, community garden, continuation of
existing uses recreational open space and reconstruction and
replacement of and additions to existing building and their
accessory uses, provided they would not adversely affect or
prejudice the outcome of the land use plan within the
Comprehensive Development Scheme
9.2.4
The Development Scheme may be prepared by the Town or by a
developer/property owner in consultation with and in accordance
with
the
direction
from
Council
at the
cost
of the
developer/property owner.
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9.3
Municipal Plan and Development Amendment Procedure
The planning period for this Municipal Plan is ten years. The Municipal Plan
and Development Scheme(s) provides direction over this period but is not
expected to forecast precisely or anticipate all changes that will occur over
the next ten years. The Municipal Plan and associated Development
Scheme(s) are dynamic documents that respond to unforeseen changes
and attempts to manage change in the best interests of the Town. As a
result, this Municipal Plan or Scheme may need to be amended by Council
from time to time to respond to unknown opportunities.
It would be unrealistic to expect the Plan to predict all changes that may
occur; therefore, it is anticipated that the Plan will be amended in the future.
Section 25 of The Urban and Rural Planning Act, 2000 provides Council
with the authority to change any portions of the Municipal Plan through a
formal amendment process.
Council may consider an amendment to the Municipal Plan or Development
Scheme when:
-
There is an apparent need to change policy due to changing
circumstances,
-
Studies
have
been
undertaken
which
contain
policies
or
recommendations that should be incorporated into the Municipal Plan or
Development Scheme, or
-
An amendment to the St. John's Urban Region Regional Plan or a
relevant Provincial Land Use Policy has been released that requires a
change in policy by the Town, or
-
There is a development proposal which provides sufficient information
and rationale to support a change in the Municipal Plan or Development
Scheme.
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The Act requires that Council consult the public prior to its decision to
amend the Plan or Scheme. Council shall evaluate any proposed
amendment against the goals, objectives and policies of the Municipal Plan
before deciding to accept or reject a new policy. The Act also requires that
Council appoint an independent and objective Planning Commissioner to
hold a public hearing to hear written or oral objections and representations
and to complete a report with consideration for the issues raised at that
hearing. The recommendations from the Commissioner's report are then
taken into consideration by Council in making a final decision about the
amendment.
9.4
Municipal Plan Review
Council will undertake a comprehensive review of the Municipal Plan at
least every five years (5) years in accordance with the requirements of The
Urban and Rural Planning Act, 2000.
9.5
Public Engagement
Council is committed to engaging citizens in planning and decision-making
processes at the Town, neighbourhood and site development level. The
Town will implement public engagement processes and tools to inform
citizens and encourage their input into planning processes.
9.6
Development Regulations
The implementation of the Municipal Plan's and Development Scheme's
goals, objectives and policies require the preparation and adoption of
Development Regulations. Such Regulations provide Council with the
authority to provide for the direction and orderly control of land use in
accordance with Municipal Plan or associated Development Scheme. After
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the Municipal Plan or Development Scheme is formally adopted, Council is
required to prepare and adopt Development Regulations pursuant to Section
35 of The Urban and Rural Planning Act, 2000.
All land within the Planning Area will be covered by land use zones which
provide detailed development requirements, such as subdivision control, lot
size, frontage, building setbacks, signage and parking standards.
9.7
Consideration for Rezoning
This Municipal Plan provides flexibility for change within the framework for
growth and development in the Town by enabling, under certain
circumstances, amendments to the Development Regulations without
amendment to the Municipal Plan. In considering requests for rezoning,
Council shall consider all appropriate policies set out in this Municipal Plan
and have regard for the following:
The adequacy of the physical site conditions to accommodate
development;
The adequacy and proximity of recreation and community facilities;
The adequacy of the transportation network in, adjacent to or leading
to the development;
The potential for the contamination or sedimentation of watercourses
or for erosion;
Environmental impacts such as air, water, soil pollution and noise
impacts;
Previous uses of the site which may have caused soil or groundwater
contamination;
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Suitability of the site in terms of grades, soil and bedrock conditions,
location of watercourses, marshes, swamps or bogs;
Compatibility of the development in terms of height, scale, lot coverage
and bulk with adjacent properties, and,
Whether the proposal is in conformity with the intent of this Municipal
Plan, any applicable Development Scheme and with the requirements
of other Town regulations.
9.8
Land Use Assessment Report
The Land Use Assessment Report {LUAR) is a tool that can be used to assist
in the review of proposals for a development or proposed use that cannot be
adequately evaluated by Town staff. An LUAR is a report prepared by
suitably qualified person(s) to assess the impacts a use or development may
have on the environment and/or surrounding lands or neighbourhood. The
Town may require an LUAR to be prepared to evaluate the impacts identified
in a Terms of Reference prepared by the Town, evaluate their importance
and recommend measures of control and mitigation where appropriate. The
following policies apply to the requirements for an LUAR:
9.8.1
Where determined by Council, Land Use Assessment Report(s)
may be required as part of the development application review
process.
9.8.2
Council shall prepare and approve a Terms of Reference setting out
the matters that would require assessment in an LUAR.
9.8.3
The LUAR and any supporting studies shall be prepared at the
expense of the applicant.
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9.8.4
The Town shall provide adequate time for a public review of the
Terms of Reference for the Land Use Impact Assessment LUAR
and the LUAR document once it is completed prior to its
consideration for approval.
9.9
Development Control
The Municipal Plan is a legal document which is binding upon all persons,
groups or organizations, including the municipal Council. Day-to-day
administration of both the Municipal Plan and Development Regulations are
the responsibility of Council and its staff.
Before any land development or use can take place, an application must first
be made to Council. 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 Plan or
Regulations can be prosecuted and ordered to remove any illegal structure
and restore the site and buildings to their original state.
An application to develop must be made on the proper application form
prescribed by Council. All applications must show, as accurately as possible,
the location of the proposed development and include a plot plan showing
the location of existing and proposed buildings and structures on the
proposed site. Council will examine the application and determine whether
or not it conforms to the requirements of the Development Regulations and
the policies of the Municipal Plan or applicable Development Schemes.
Development applications will be referred to appropriate government
departments, agencies or other organizations. Approval of the application
will be subject to their recommendations. If the proposed development
conforms to all requirements then Council will approve the application and
inform the applicant in writing of the approval, will issue an approval in
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principle or development permit and state any conditions that may apply to
the development. If the proposed development does not conform to the
Municipal Plan or Development Regulations, the application shall be
refused.
9.10
Development Appeals
Any person who is dissatisfied with the development decision of Council
may appeal that decision to the Regional Appeal Board in accordance with
Section 42 of The Urban and Rural Planning Act, 2000. The Appeal Board
shall either confirm the decision or determine that Council's decision be
varied or reversed.
9.11
Municipal Capital Works
Municipal Capital Works programs must conform to applicable policies and
land use designations of the Municipal Plan and Development Schemes. A
10-year Municipal Capital Works program based on the strategic priorities of
the Town shall be prepared on an ongoing basis, commencing with the 10-
year planning period of this Plan. The Municipal Capital Works plan is to be
reviewed and updated annually to reflect immediate, long-term and
emerging priorities for the Town for the ongoing 10-year period.
The Municipal Capital Works program shall take into account the Town's
financial capability to fund such projects including federal or provincial funding
programs which require a financial contribution from the Town.
It should be recognized that extensions to streets/new streets required for (or
as a part of) new development (including residential subdivisions) are the
responsibility of developers and not the municipal or provincial governments.
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MAP 1
TOWN OF LOGY BAY-MIDDLE COVE-OUTER COVE
MUNICIPAL PLAN 2021
FUTURE LAND USE MAP
Town of Logy-Bay Middle Cove-Outer Cove: Municipal Plan 2021
_ __ .._
.., __
~--
~
Bay-Middle Cove-Outar Cove
Munldpel Plan 2021
Future Land Use - Ma 1
- Agria,lture
-
cemetery
-
Coaml Marine
- Commercial Local
- conservation
-
Mixed Development
-
Open Space J Recreation
-
Public Use
- Rural
- Rural Residential
-
water
__ ,_ .......,....,~~
---- c..~
~,_.--
- -··-~--
..., __
REOISTRATION
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