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TOWN OF MAIN BROOK
MUNICIPAL PLAN
IMPORTANT: To see if there were any changes to
this plan since it ca1ne into effect, please refer to:
List of Municipal Plan Amendments
TOWN OF MAIN BROOK
MUNICIPAL PLAN
1992 - 2002
The Town of Main Brook
Municipal Plan
TABLE OF CONTENTS
Page
1.0
ADOPTION & APPROVAL
1.1
Council Resolution ...................................... i
1.2
Seal & Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii
1.3
Clerk's Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii
1.4
Minister's Approval ..................................... iii
2.0
INTRODUCTION
2.1
Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2.2
Summary of Background Studies . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2.2.1 Population, Households and Employment . . . . . . . . . . . . . . . 14
2.2.2 Other Community Needs . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2.3
Policy Assumptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
3.0
TiiE MUNICIPAL PLAN
3.1
The Future Community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3.2
Goals, Objectives, and Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3.2.1 Community Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3.2.2 Mixed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
3.2.3 Co=ercial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
3.2.4 Educational . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
3.2.5 Industrial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3.2.6 Comprehensive Development Area . . . . . . . . . . . . . . . . . . . . 24
3.2.7 Rural and Resource . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
3.2.7(a) Forestry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
3 .2. 7 (b) Agriculture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
3.2.7(c) Mineral Workings . . . . . . . . . . . . . . . . . . . . . . . . 27
3.2.7(d) Recreation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
3.2.7(e) Industrial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
3.2.8 Environmental Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
3.2.9 Recreation and Open Space . . . . . . . . . . . . . . . . . . . . . . . . . 29
4.0
IMPLEMENTATION
4.1
Program of Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
4.2
Public Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
4.3
Resource Referrals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
4.4
Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
LIST OF MAPS
Municipal Planning Area Boundary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Future Land Use Map I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Future Land Use Map II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix
LO ADOPTION & APPROVAL
2.0 INTRODUCTION
2.0
INTRODUCTION
2.1
FOREWORD
(A)
PIANNING IN NEWFOUNDLAND
The Municipal Plan
This Municipal Plan has been prepared in accordance with the requirements of
Section 14 of the Urban and Rural Planning Act, following surveys and studies of land
use, population growth, the local economy, present and future transportation and
communication needs, public services, social services and other relevant factors.
The Plan outlines the goals, objectives and policies of Council regarding the
development of the Municipal Planning Area over the next ten years. This Municipal
Plan, consisting of a written text in which the goals, objectives and policies are set out,
also includes Land Use Maps indicating the proposed allocation of land into various
Land Use categories.
Ministerial Am,roval
When the Municipal Plan is formally adopted by resolution of the Council under
Section 15(1) of the Act, two copies must be impressed with the Seal of the Council and
signed by the Mayor. The Council must then give notice of its intention to
This brief summary of municipal planning legislation and procedures is intended to assist
the Council in understanding and using its Plan. Details are contained in The Urban
and Rural Planning Act.
10
seek the approval of the Minister of Municipal and Provincial Affairs by publishing a
notice in the Newfoundland Gazette and in a newspaper published, or circulating, in the
community. The notice must state where and when the Municipal Plan may be
inspected by any interested person and the time and place set by the Minister for the
hearing of any objections or representations. At the Public Hearing, a Commissioner
appointed by the Minister will bear the objections and representations, and subsequently
forward to the Minister a written report, together with copies of all the evidence taken
at the Public Hearing.
After the Public Hearing is concluded and the Commissioner's report has been
submitted, the Council must apply to the Minister for approval of the Municipal Plan.
The Minister requires two copies of the Municipal Plan certified correct by the Clerk of
the Council, a copy of the adopting resolution and of all written objections and
representations considered at the Public Hearing. On receipt of this material, the
Minister may approve the Municipal Plan, with or without modification, or may
disapprove it and order that a new Municipal Plan be prepared. Upon approval, the
Minister will endorse a copy of the Plan and return it to the Council. Within ten days
of receipt of the final approval by the Minister, the Council must publish a notice of
approval in the Newfoundland Gazette and in a local newspaper.
11
The Effect and Variation of the Municipal Plan
When the Municipal Plan comes into effect, it is binding upon the Council and
upon all other persons, corporations and organizations. The Plan has to be reviewed by
the Council at the end of every five years from the date on which it comes into effect
and at that time revised as necessary to take account of developments which can be
foreseen during the next ten-year period.
The Municipal Plan may be amended in whole or in part for just cause by
repeating the process by which it was adopted and approved initially.
Development Schemes
At any time after the adoption of the Municipal Plan, the Council can prepare
and adopt Development Schemes under Section 30-32 of the Act for the purpose of
carrying out specific proposals of the Municipal Plan.
A Development Scheme may provide for the acquisition, assembly, consolidation,
subdivision and sale or lease by the municipality of land and buildings which are
necessary to carry out provisions of the Municipal Plan. The Scheme may reserve land
for future acquisition as the site of any public roadway, 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
12
may also specify the manner in which any particular area of 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.
Municipal Plan Administration
When a Municipal Plan comes into effect, the Council is required to develop a
scheme for the control of the use of land in strict conformity with the Municipal Plan
in the form of land use zoning, subdivision, and any other regulations necessary. After
adoption by the Council, these regulations must be submitted to the Minister for
approval.
Regulations must comply with the requirements of the Urban and Rural Planning
Act, and Standard Provincial Regulations have been developed to form the basis of these
regulations. Councils are also advised, if they have not already done so, to adopt the
National Building Code of Canada as its building regulation.
The day-to-day administration of the Municipal Plan, and subsequent regulations,
is in the hands of staff members authorized by the Council. Council staff have the duty
of issuing all necessary permits approved by Council and making recommendations to
the Council in accordance with the Municipal Plan policies and implementing regulations
regarding all development in the Municipal Planning Area.
13
(B)
MUNICIPAL PLANNING AREA
This Plan represents the first attempt to formally plan Main Brook and to
establish a framework for guiding and controlling development within the Municipal
Planning Area.
The Main Brook Municipal Planning Area Boundary was defined on 88-12-09,
and is delineated on the map below. The primary purpose of these boundaries is to
define the area for which the Municipal Plan will be prepared and therefore control
development in the rural lands that could impact upon the Town.
Municipal Planning Area Boundary
14
2.2
SUMMARY OF BACKGROUND STUDIES
2.2.1 Population, Households and Economy
The following graph shows the population trends for the last two decades. It
clearly demonstrates a no - growth situation, and in fact shows a substantial decrease in
numbers ( net loss of almost 250 between 1966 and 1991). This negative trend is directly
attributed to the declining of the forestry sector in the general area, and especially the
closing of the Bowater's operation in the late 1960's.
However, the prospect for a healthier future in terms of population growth is
promising. Although the provincial crisis in the fishery is affecting Main Brook, the
fishery is being diversified and new employment opportunities are being created in other
sectors. The following graph shows two projections. The low one is based on past
population performance, and the high one based on the likelihood of the existing
industries being expanded and the expected creation of new employment opportunities.
p
0
p
u
1
a
t
I
0
n
Population Trends & Projections
700
600
500
400
66
71
Population Trend
Population Projection
76
81
86
Year
91
,
,
,
,
,
96
,
,
2001
15
According to Statistics Canada, there were 126 dwellings in Main Brook in 1991.
However, the Council feels that 145 dwellings is a more accurate figure. A survey by the
Urban and Rural Planning Division Supports Councils findings. Depending on the
anticipated change in the economy, the Town should be prepared to allow for the
development of 30 - 50 new residences by the year 2002.
The economy of Main Brook has historically been founded on the logging industry.
It has always been an important employer and economic base for the Town, but since the
closing of the Bowater's operations it's role has been weakened, but nevertheless still has
an important function in Main Brook's future. The local sawmilling industry employs 18 -
20 people, and the ongoing provincially sponsored silvicultural projects employ another 10 -
15 on a seasonal basis. As well, Canada Bay Lumber is under new European management,
which could translate into new markets for the local industry. It is also projected that under
the Main Brook Research and Development Agreement, another 10 - 15 jobs will be found
in forest harvesting.
While the fishery is not performing well on a provincial basis, it does employ 20 - 30
people at the fish plant, and three mussel farms have recently been established in Ariege
Bay.
It is hoped that the Hare Bay Road (linking Main Brook with the airport on Route
430), when constructed, will make Main Brook a nodal point for the region. Not only would
this create jobs in Main Brook and provide employment opportunities in St. Anthony for the
residents of Main Brook, but would likely result in the diversion of tourists from the Great
16
Northern Peninsula Highway to scenic Main Brook and area.
If the Eider Duck Program, as spearheaded by the Development Association,
continues to make progress it could become a leading employer in the Town. The success
of the venture should be known within five years, and if it is successful, it could employ up
to fifty' people on a regular and seasonal basis.
2.2.2 Other Community Needs
Main Brook has two major constraints to development. First, much of the Town is
bounded by private land (Comer Brook Pulp & Paper), and secondly, the undeveloped lands
owned by the Town are costly to develop because of very shallow soil conditions underlain
by limestone bedrock. Therefore, space for new development must be found within the
community and not it's rural fringes. This can be achieved by infilling and developing a
portion of land between Town Avenue and William's Avenue. This will be addressed in the
Plan.
Secondly, and as already initiated by the Town, new avenues of generating
employment must be investigated. This may mean the hiring of a consultant to explore the
various resources and potential of the Town and general region.
2.3
POLICY ASSUMPTIONS
In preparing the policy statements for this Plan, the following assumptions have been
made:
The logging and fishing industries will at least maintain their present level of
17
output and will not take away from the future physical or economic growth of
the Town.
The funding for the water and sewer projects will continue. This will allow
for a greater density of housing and relieve the need to look for an area that
will require extension of services.
Both levels of the Federal and Provincial governments will continue to
support the Eider Duck Program and its related craft industries.
3.0 MUNICIPAL PLAN
19
3.0
THE MUNICIPAL PLAN
3.1
THE FUTURE COMMUNITY
The Town of Main Brook will not expand beyond its already built up areas. The
road from Salmon River bridge to the main part of the Town will be infilled with residences.
As the remainder of the Town is serviced by water and sewer, the large lot property owners
will be encouraged to sell building lots, thereby increasing the density of development.
Future commercial development will be permitted in the urban areas, providing it
is compatible with the predominant residential environment.
Burnt Village will remain a small satellite of Main Brook. Since Burnt Village is also
the site of the Eider Duck Program (hatchery, office and possible craft industry), new
development related to the program may be locating here.
3.2
GOALS, OBJECTIVES, AND POLICIES
A goal is an expression of Council's intent with respect to matters under its
jurisdiction or influence, while objectives are specific measures of that intention. The
policies are statements expressing a course of action, usually with respect to particular land
use classes. The policies are intended to promote a compact community while allowing for
a wide variety of compatible land uses. For those implementing the policies, the detailed
standards and precise requirements will be outlined in the Development Regulations. The
following goals, objectives and policies will be pursued by Council.
20
3.2.1 Community Structure
From a planning perspective, the overall physical form of Main Brook with regards
to roads, intersections, and areas developed needs little refinement. This is probably due
to Bowater's involvement in planning the Town in its initial stage of development.
Future growth will take place within the existing urban limits Commercial
development that does not negatively impact upon the residential environment will be
permitted. A commercial/light industrial area may also be established on the Main
Brook/St. Anthony Airport road, when it is constructed.
Goal:
To give order to the community structure and determine the direction of
future growth.
Objectives: - To provide policy positions for all aspects of community development.
-
To exercise development control.
Policy:
-
Although there are financial and physical limitations, Council will strive to
complete its water and sewer projects within the 5 year capital work period.
-
All future commercial development will be located in the Mixed Development
Area or the Commercial Development Areas.
Council will adopt development regulations and other regulations to
implement the policies of the Plan.
Approval of all future development will be contingent upon its compliance
with minimum standards for streets, lots and municipal services in order to
protect residents and the town from the longer term problems associated with
substandard development.
21
3.2.2 Mixed
The central part of Main Brook contains a mixture of land uses (public, commercial
and residential) that appear to be co-existing quite well. The Plan recognizes this and will
promote this part of Town as the central core, while at the same time preserving the
predominant residential character.
Goal:
To promote a safe and attractive housing supply.
To provide an adequate supply of serviced land to accommodate the housing
needs of the future population.
To provide a land space where a mixture of land use classes can locate.
Objectives: - To promote the core of the Town as a residential district, while allowing a
mixture of compatible commercial and public uses.
Policy: -
To provide land for 2-3 new housing units on an annual basis.
To promote a safe and attractive central core.
To encourage the improvement of substandard dwellings and unsightly
properties.
This policy shall apply to the Mixed Development Area as shown on Future
Land Use Map II.
All lots shall have a minimum frontage on a publicly owned and maintained
road.
All new development must be capable of connecting to the community water
and sewer system.
When commercial enterprises are placed near residential properties, every
effort shall be made to protect the residential property owner. This shall be
22
done by providing adequate sideyards, separation, screening and landscaping
to act as a buffer.
The primary use shall be residential. Other uses of a commercial, and public
nature may be permitted with the intent that they do not create any nuisance
to adjacent property owners. Council shall require additional off-street
parking where necessary.
New lounges will not be permitted, unless it is in conjunction with a
motel/hotel use.
The maximum floor area of non-residential uses shall be established in order
to ensure non-residential uses are in keeping with the existing scale of
residential development.
3.2.3 Commercial
Goal:
To encourage the growth of commercial activities and provide for the fullest
employment possible.
Objectives: - To protect existing commercial development from encroachment by non-
compatible uses.
To provide suitable land to accommodate the expansion of existing com-
mercial uses as well as the establishment of new enterprises.
Larger scale commercial development and highway commercial related uses
will be appropriately located on the proposed highway from Main Brook to
St. Anthony airport. When the location of the highway is known and there is
a need, Council will designate a commercial area fronting on the highway.
Policy: -
23
This policy shall apply to the Commercial Development Areas as shown on
Future Land Use Map Il.
All new development shall front on a public road.
All new development shall be capable of connecting to the community water
and sewer system, as existing or proposed.
Adequate off-street parking shall be provided to all commercial operations in
order to prevent parking and traffic problems from occurring.
Permitted uses shall be those providing highway service activities, shops and
general services.
3.2.4 Educational
Goal:
-
To provide and maintain educational facilities in the town in order to provide
for the future needs of the community.
Objectives: - To designate an area of land for educational purposes.
Policy
-
To protect the existing school and grounds from conflicting uses.
This policy is applied to the Educational Area as designated on Future Land
Use Map II.
Permitted uses shall be schools and related recreational facilities.
Council shall ensure that the highest standards of safety are maintained in and
around the Educational Area.
Council shall consider the effects of any use that proposes to locate near the
school.
24
3.2.S Industrial
Goal:
To provide for the continued use and possible expansion of the existing fish
plant.
Objective: -
To protect the fish plant from encroachment by non-compatible uses.
Policy:
-
This policy applies to the Industrial Development Area as designated on
Future und Use Map II.
Permitted uses shall be those of a general industrial nature, specifically the
fish-plant and related uses.
3.2.6 Comprehensive Development Area
The Plan recognizes the inability of the Town to expand beyond its existing built-up
areas, and because of high servicing costs this can be viewed as a positive limitation. In
order to have new development proceed in a controlled and planned manner, and to make
efficient use of the serviced land, council will develop an area within the Town for
residential uses. This will allow for approximately 20 new lots, having a minimum frontage
of 20 m (while 15 m frontage is permissible with both services, slightly larger lots are
desirable so that they will blend in with the spacious Jots in the remainder of the Town).
Goal:
To provide for the long term residential needs of the Town.
Objective: -
To designate an area for future urban development.
To provide for the orderly and efficient development of backland areas.
Policy:
-
25
This policy shall apply to the Comprehensive Development Area as shown on
Future Land Use Map II. Prior to development, Council shall prepare a
subdivision plan.
Council is prepared, if necessary, to acquire any of the land in this designation
in order to carry out the subdivision plan.
The subdivision must be designed to make optimum use of the land and shall
include - (a) a road and lot layout and (b) a water, sewer and storm drainage
plan.
The subdivision shall be capable of connecting to the water and sewer system.
Water and sewer must be installed before development permits are issued.
Private land owners will be encouraged to sell lots. Expropriation will only
take place only where there is a demand for new lots.
Council shall be responsible for acquiring property rights, and developing the
site with regards to roads, water and sewer.
The subdivision will be developed on a cost recovery basis.
Council may permit the development of the subdivision after the requirements
have been met.
An amendment is required to the Plan to change the CDA to Mixed before
any development proceeds.
Existing uses may be continued, however new uses are not permitted until
after amendment is completed.
Uses permitted here will be the same as those for the Mixed designation.
26
3.2.7 Rural and Resource
The planning area includes large tracts of merchantable forest, as well as many
kilometres of saltwater coastline, ponds and streams. It provides ample opportunity for
outdoor recreation in areas of hunting, fishing, skiing, and hiking, as well as logs for lumber
and fuel wood, and provides a good source of aggregate. The Plan allows for the continued
use of these resources and offers measures for their protection.
Goals: -
To protect and enhance the rural areas of the planning area.
To make optimum use of the natural resources found within the planning
area.
Objectives: - To protect land and shoreline from pollution.
Policy:
To ensure the forestry, aggregate, and recreational resources are utilized to
such a degree as to ensure their availability to future generations.
To minimize conflicting land uses.
To respect government policies of land management.
This policy shall apply to the Rural and Resource Area as shown on Future
Land Use Map I and II.
The land within this designation may be used for uses associated with forestry,
agriculture, mineral working, recreation, transportation, waste disposal, and
outfitting camps.
The proposed road to Route 430 will be kept free from development of a
permanent nature (ie. buildings).
27
3.2.7(a) Foresta
Permits for operations may be issued in conjunction with the unit Forestry
Office in Roddickton.
Forestry operations must not be a nuisance to existing development.
Forestry operations must be environmentally safe.
3.2.7(b) AJmculture
Agriculture operations may be permitted in a Rural and Resource Area.
Development, where possible, shall be screened from the highway and existing
development.
Agriculture operations shall not be a nuisance to existing development .
Livestock operations will require the approval of the Department of
Environment and Lands and the Department of Forestry and Agriculture and
must incorporate adequate buffering.
3.2.7(c) Mineral Workines
Development associated with mineral workings may be permitted.
Mineral extraction shall not be a nuisance to existing development.
The site must be rehabilitated when operations cease.
Development must be, where possible, screened from the highway and local
community.
Where aggregate material is hauled over local roads, permit conditions will
impose restrictions limiting the impact of noise, dirt, and pollution.
28
3.2.7(d) Recreation
Summer Cottages will not be permitted.
Permitted uses shall be recreational open space uses such as playing fields and
parks, outdoor assembly uses, outfitting camps and hunting lodges.
Any structures shall be designed and located in order to preserve the natural
amenities of the area.
The existing ski trails and ski hut shall be protected from non-compatible
uses.
3.2.7(e) Industrial
A general industrial or hazardous industrial use which is not suited for location in
the built up part of the town because of extensive land requirements, outdoor storage, or
other features of its operation, may be located in the rural areas provided it meets certain
conditions:
In order to be considered for a rural location, the development shall not
require services (water and sewer), shall have no adverse impact (visual,
smoke, dust, or noise) on urban areas or public roads.
The industrial activity must be capable of operating without adverse
environmental impacts.
No associated retail sales or service may be carried out from a rural site.
29
3.2.8 Environmental Protection
Goal: -
To provide for the enhancement and protection of the town's waterways.
Objectives: - To provide for a safe source of domestic water.
Policy: -
To protect environmentally sensitive areas.
This policy shall apply to the Environmental Protection Areas as shown on
Future Land Use Maps I and II.
The watershed supplying domestic water shall be protected from activities
having a detrimental effect on the quantity or quality of its water.
Buffer areas shall remain along the banks of Salmon River to protect fish
habitats from impacts of erosion or contamination and to safeguard the
amenities of the natural environment.
Permitted uses shall be those of a conservation nature.
3.2.9 Recreation and Open Space
Goal: -
To provide a full range of recreational facilities and programs to serve areas
of all age groups in the community.
Objectives: - To provide and maintain playground and sport field facilities.
To encourage greater use of the water and waterfront areas for active and
passive recreational purposes.
To promote tourism on a local and regional basis.
Policy: -
30
To preserve open space within the town for passive recreational activities.
This policy applies to the Recreational Areas identified on Future Land Use
Map Il.
Funding for upgrading projects will be pursued through the various levels of
government, in particular with the Canada Works Program.
Structures shall be designed and located as to preserve the amenities of the
area.
Permitted uses are municipal parks, playing fields, ice rinks, and playgrounds.
4,0
IMPLEMENTATION
32
4.0
IMPLEMENTATION
4,1
PROGRAM OF DEVELOPMENT
As the Town becomes fully serviced new development can take advantage of infilling
opportunities. The proposed subdivision between Town Avenue and William's Avenue will
then be a priority, and should be ready for development within the next 10 year period.
Although there is no urgency in developing the land, engineering problems associated with
installing water and sewer services in the existing developed areas makes it practical to run
the services along the proposed road, midway between and parallel to Main Street and
Water Street. However, there are still costs associated with road construction, surveys and
expropriation, and therefore this development should only proceed after all infilling
opportunities have been exhausted.
4.2
PUBLIC WORKS
The town has already undertaken an extensive capital works program. Approximately
50% of the Town is serviced by water and sewer. Phase 6 will be continuing in 1991, with
the final phase scheduled for completion in 1995.
Because paving of the roads will not be carried out until after the completion of the
water and sewer work, proper maintenance and upkeep of the local roads during the con-
struction phases must be a priority. This will be included in the 5 year capital works budget.
The proposed subdivision road will only be constructed after the infilling opportunities have
been availed of and there is a clear demand for new housing lots.
33
4.3
RESOURCE REFERRALS
The Background Study identified a number of resource and land uses within the
Planning Area Boundary that are important to the town and the province. These will be
protected through zoning and a referral process. The following agencies noted some interest
in a particular natural resource or land use and requested to have some further input early
in the planning stages of a new development.
Historic Resources:
Applications for development along the coast and banks of interior rivers and ponds
will be referred to:
Historic Resources Division
Department of Municipal & Provincial Affairs
P.O. Box 8700, Confederation Bldg.
St. John's, NF
AlB 4J6
Department of Environment & Lands:
Any development proposal within the 1.6 km buffer of the waste disposal site, or
adjacent or within the unprotected watershed, should be referred to:
Environmental Investigations Division
Department of Environment & Lands
Comer Brook
34
Department of Mines & Energy:
The Department of Mines and Energy noted that there are a number of existing
quarries within the planning area. To ensure
the protection of this resource and to minimize negative impacts on surrounding land uses,
all proposals for development within 300 m of any existing quarry must be referred to:
Department of Mines & Energy
P.O. Box 4750
St. John's, NF
AlB 4J6
Department of Fisheries & Oceans:
The Department of Fisheries & Oceans identified Salmon River is an important
scheduled salmon river. Therefore, any applications for development within 30 m of its
banks should be referred to:
Section Head
Planning & Inventory
Habitat Management
Department of Fisheries & Oceans
P.O. Box 5667
St. John's, NF
AlC 5Xl
4.4
ADMINISTRATION
(a)
Introduction
The preparation, adoption, and approval of this Municipal Plan represents only a
part of the planning process. In other words, the Plan is not an end in itself nor does
it serve any useful purpose without being implemented.
(b)
35
The Municipal Plan must be implemented by means of the regulatory powers
conferred upon the Council by section 36 of the Urban and Rural Planning Act and
such other statutes, enabling legislation and programs as may be applicable. The
Plan must serve as a continuing reference and guide to Council and its officials in
order to achieve the goals, objectives, policies, and programs which it contains.
Land Use Zoning. Subdivision and Advertisement (Development) Regulations.
The direction and orderly control of land use is an important feature of the
municipality's planning program. For that purpose, Development Regulations is the
most effective tool. After the Plan is formally adopted, Council is required under
section 36 of the Urban and Rural Planning Act to prepare these Development
Regulations for the control of land use in strict conformity with the Municipal Plan.
These must include Land Use Zoning Regulations, Subdivision Regulations, and
Advertisement Regulations. Other regulations must be in compliance with part VIII
of the Act. Council may establish these other regulations to control the use and
development of land in accordance with the Plan.
The Land Use Zoning, Subdivision and Advertisement Regulations to be adminis-
tered and enforced by the Council shall include:
The powers of Council including rules and administrative procedures
governing the Council's consideration of and decision on development
applications.
Rules and administrative procedures for appeal boards.
General development standards for all zones.
36
Regulations governing advertisements.
Regulations governing the subdivision of land, covering but not limited to,
subjects such as services to be provided, building lines, public open space,
design standards, and transfer of streets and utilities to the Council.
Definitions of key words and phrases to be used in the interpretation of the
Regulations.
A classification of uses of land and buildings to be used in the Use Zone
Tables.
Zone tables tailored specifically for each use zone listing the permitted and
discretionary uses and the standards and conditions for development in each
specific zone.
Use Zone maps dividing the Planning Area into zones corresponding with the
use zone tables.
Zoning divides the entire municipality into separate land use areas or zones,
each with a stated category of uses and standards for development.
Essentially, zoning is a means of ensuring that the future land uses are in
conformity with the Municipal Plan, that they are properly situated in relation
to one another, and that they do not conflict with or adversely affect adjacent
properties. Based on goals, objectives, and policies set out in the Municipal
Plan, zoning directs new growth into suitable areas and protects property by
requiring that development afford adequate light, air, and privacy for persons
37
living and working within the community. Zoning also allows for the control
of development directly in each area so that property can be effectively
serviced by means of a corresponding extension of the existing public services.
As mentioned above, in the Development Regulations, there are permitted
uses for each of the zones which are primary and are allowed as a matter of
right in their particular zone. The issuing of permits for these permitted uses
is usually straight forward, subject to the requirements of the Development
Regulations and any further conditions imposed by Council. Discretionary
uses are those which .!!lllX be allowed in a specific zone if:
(i)
The development would not be contrary to the general intent and purpose of
the Zoning Regulations, the Plan, or any other further plans or regulations.
(ii)
Proper public notice has been given and Council is satisfied that it is not
against the public interest and will fit into the zone as a complementary or
non-damaging use.
(iii)
Council is satisfied that the discretionary use is suitably located within the
zone proposed.
(c)
Permitted and discretionary uses are listed individually for each zoning
category in the Development Regulations.
Control of Development
Council will exercise proper control over all development within the Planning
Area in accordance with this Plan and the Development Regulations.
2
38
Any person wishing to subdivide1 or develop2 land for any purpose within
the Planning Area shall make application on the prescribed forms to Council
for permission. It is important to note that the Council will require a separate
permit to be obtained by the developer for the subdivision of land. In this
case, a separate permit will also be required for all building work and the
occupancy of a building. A building permit will not be granted until a
development permit has been obtained. In addition, all new development or
redevelopment as well as any change of use or intensity of use or alteration
or improvement to any land or existing building will require a development
permit from Council.
Council may grant outline planning permission to enable a developer to test
proposal for conformity with the municipal plan and development regulations
without having to go to the expense of preparing detailed plans.
If the proposal conforms with the municipal plan and development regu-
lations, Council may issue an outline planning permit subject to the
submission and approval of detailed plans of development and any other
Subdivision means the dividing of any land whether in single or joint ownership into nm
or more pieees for the purpose of development.
The Urban and Rural Planning Act should be referred to for the precise definition of
"development", be required for all building work and the occupancy of a building. A
building permit will not be granted until a development and/or subdivision permit has been
obtained. In addition, all new dewlopment or redewlopment as well as any change of use
or intensity of use or alteration or improvement to any land or existing building will require
a permit from Council.
39
conditions that Council may impose. An outline planning permit is processed
and considered just like any other application.
( d)
Capital Works Program
In an effort to ensure that adequate funds are available at the appropriate
time to implement each feature of the municipal plan, Council shall prepare
and submit every year a five-year forecast of their anticipated capital
expenditure requirements. This will be done in compliance with section 9 of
the Municipal Grants Act.
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LEGEND
iWI PLANNING AREA
BOUNDARY
ITTl ENVIRONMENT Al
lc£J PROTECTION
RR RURAL l RESOURCE
1:50,000