Massey Drive, Newfoundland and Labrador
· adopted 2017-11-17
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Town of Massey Drive: Municipal Plan for 2017-2027
AS APPROVED BY COuNCIL 28 SEPTEMBER 2017
TOWN of MASSEY DRIVE
MUNICIPAL PLAN
2017-2027
AS APPROVED 2$ SEPTEMBER 2017
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Town of Massey Drive: Municipal Plan for 2017-2027
AS APPROVED BY COUNCIL 28 SEPTEMBER 2017
Table of Contents
1.0
ADOPTION AND APPROVAL
1.1 RESOLUTION TO ADOPT; CLERK'S & MCIP CERTIFICATE
1.2 COUNCIL RESOLUTION TO APPROVE; CLERK'S CERTIFICATE
3
2.0
FOREWORD: APPROVAL PROCEDURE AND ADMINISTRATION
5
2.1 TheMunicipalPian
5
2.2 Ministerial Approval
5
2.3 Effect and Amendment of the Municipal Plan
7
2.4 Municipal Plan Administration; Role of Development Regulations
7
3.0
INTRODUCTION
9
3.1 Title and Components
9
3.2 Review and Amendments
9
3.3 PurposeofPlan
9
3.4 Municipal Planning Area
9
3.5 History and the Way Forward
9
4.0
KEY FACTORS AFFECTING PLANNING POLICIES
12
4.1 Goals of the Community
12
4.2 Economy, Demographics and Demand for Land
12
4.3 Amenities
14
4.4 Infrastructure
15
4.4.1 Water and Sewer Services
15
4.4.2 Street Services
15
4.5 Sensitive Lands and Adaptation to Effects of Climate Change
17
5.0
DEVELOPMENT CONCEPT
1$
6.0
MUNICIPAL PLAN POLICIES
20
6.1 Area Allocations and Area-Specific Policies
20
6.1.1 Residential
21
6.1.2 Urban Reserve
23
6.1.3 Commercial/Industrial
23
6.1.4 Public and Community Use
24
6.1.5 Protected Water Supply
25
6.2 Policies Applicable to All Areas
26
6.2.1 Natural Hazards to Building
26
6.2.2 Municipal Services
27
6.2.3 Temporary Uses
27
6.2.4 Protection of the Natural Environment
2$
6.2.5 Antennas and Wind Turbines
29
6.2.6 Advertisements (Signage)
30
6.2.7 Keeping of Animals
30
6.2.8 Removal of Quarry Materials
31
Town of Massey Drive: Municipal Plan for 2017-2027
AS APPROVED BY COUNCIL 28 SEPTEMBER 2017
6.2.9 Non-Conforming Uses
31
7.0 IMPLEMENTATION
33
7.1 Implementation Policies
33
7.2
Site Plan Information Requirements and Evaluation
34
7.3
Public Input in Planning
34
7.4 Policies Extra to Municipal Plan for Infonriation
35
8.0 INTERPRETATION
36
8.1 Land Use, Boundaries, and Roads
36
8.2 Figures and Quantities Approximate
36
APPENDIX A
37
Site Plan Information Requirements
37
APPENDIX B: Development Classification Table
3$
Attached in map pocket:
future Land Use Map I
Town of Massey Drive: Municipal Plan for 2017-2027
AS APPROVED BY COUNCIL 28 SEPTEMBER 2017
1.0 ADOPTION AND APPROVAL
1.1 RESOLUTION TO ADOPT; CLERK'S & MCIP CERTIFICATE
Under the authority of Section 16 of the Urban and Rttrat FlanningAct 2000, the Town Council
of Massey Drive adopts the Municipal Plan for 2017 to 2027.
Resolved by the Town Council of Massey Drive on the 29th day of August, 2017
Signed and sealed this ic
day of c c-+u_4/
, 2017
Mayor: J/Q%L1 -AJAL'
(Council Seal)
Clerk's Certificate:
Certified that the attached Municipal Plan is a correct copy of the Municipal Plan for 2017 to
2027, adopted by the Coun il ofthe Town of Massey Drive, on the 29th day of August, 2017.
Clerk\2
MCIP Certificate
I certify that the attached Municipal Plan document has been prepared in accordance with the
requirements of the Urban and Rural Planning Act, 2000.
Member of the Canadian Institute of Planners
Jens Jense
P. ng.,MCIP
(MCIP seal)
.4
IY
Date: /7
day of
(-
2017
Page
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Town of Massey Drive: Municipal Plan for 2017-2027
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12 COUNCIL RESOLUTION TO APPROVE; CLERK'S CERTIFICATE
[resolution ofCouncil to approve the Municipal Plan, following completion ofthe requirements of Sections 18 to 22
inclusive ofthe Urban and Rural Planning Act, 2000]
Under the authority of Sections 16, 17, 18 and 23 of the Urban and Rural Planning Act 2000, the
Town Council of Massey Drive approves the Municipal Plan for 2017 to 2027.
Resolved by the Town Council of Massey Drive on the 28th day of September, 2017.
Signed and sealed this /Thay of 2-I--€..--
,2017
Mayor:_______________________
(Cotincil Seal)
Clerk's Certificate:
Certified that the attached Municipal Plan is a correct copy of the Municipal Plan for 2017 to
2027, approved by the Council of the Town of Massey Drive, on the 2gth day of September,
2017.
Clerk
___________________
MtIniciJ)aI PEan/Anieiidmeiit
REGISTERED
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AS APPROVED BY COUNCIL 28 SEPTEMBER 2017
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Town of Massey Drive: Municipal Plan for 2017-2027
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2.0 fOREWORD: APPROVAL PROCEDURE AND
ADMINISTRATION
2.1 The Municipal Plan
This document and the maps contained with it form the Municipal Plan for the Town of Massey
Drive for 2017 to 2027. It has been prepared in accordance with the Urban and Rural Planning
Act, 2000. Upon completion of the required steps to bring it into legal effect, it repeals and
replaces the Town of Massey Drive Municipal Plan for 1994-2004 and all amendments
subsequently made to it.
The document presents statements regarding the CouncilTs intentions with respect to the location
and manner in which development within its Municipal Planning Area shall take place. The
maps show the Municipal Planning Area divided into various land use designations. Within each
one only specified kinds of development may take place.
2.2 Ministerial Approval
For the Municipal Plan to gain full legal effect, the following procedure must be undertaken,
ptirsuant to Sections 15 through 23 of the Act.
In brief, the process begins with the preparation of a draft Municipal Plan under the direction of
Council. When a draft is prepared to the satisfaction of Council, a process which should include
an early opportunity for public input, it is submitted to the Department of Municipal Affairs and
Environment for review. When the Department has reviewed the draft document and is satisfied
that it is acceptable in light of provincial and other government agencies' interests, the
Department officially releases it pursuant to Section 15 of the Act. Council then, by resolution,
is able to adopt the document pursuant to Section 16 of the Act.
Council must then advertise and provide for a public hearing at which objections or
representations to the adopted document are to be heard. The notice must appear twice in a
newspaper circulating in the Municipal Planning Area, in which Council states its intention to
seek the approval of the Municipal Plan. The first notice must appear at least fourteen days
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AS APPROVED BY COUNCIL 28 SEPTEMBER 2017
before the hearing date. The notice must state where and when the Municipal Plan can be
inspected and clearly give the time and place for the Public Hearing.
The Hearing is conducted by a Commissioner appointed by the Council. A deadline date for the
submission of any written objections or representations is specified in the Act (two days before
the hearing). If no objections are received by the deadline, Council may cancel the hearing and
proceed directly to approve the Plan. If the hearing proceeds, the Commissioner conducts the
meeting and subsequently prepares a report including recommendations. Council then considers
the report and either approves the Plan (with or without changes) or withdraws the proposed
Plan. Council's approval is made pursuant to Section 23 of the Act.
An approved Plan then is submitted to the Minister for review and registration, pursuant to
Section 24 of the Act. For this, the Minister requires two copies of the Mttnicipal Plan which
have been certified by the Clerk as having been adopted and approved by Council, the
Commissioner's report, and all written objections and representations that may have been
submitted at the Hearing. After reviewing the document and determining that it is not contrary
to law or a policy of the government of the province, the Minister will register the Plan in the
Minister's planning registry and Council will publish a notice to that effect in the provincial
government's Newfoundland and Labrador Gazette and in a newspaper circtilating in the
Planning Area. The date of the publication of the notice in the Gazette is the date upon which
the Plan comes into effect.
If the Minister chooses to not register the Plan, the document is returned to the Council with
information as to the reason for its unacceptability, and Council may then make changes and
resubmit the Plan in the same manner.
It is important to recognize that a new Plan does not come into legal effect until the notice of the
Minister's registration appears in the Gazette. Once in effect, the Municipal Plan is legally
binding on Council and any person or party proposing to tise or develop land anywhere within
the Municipal Planning Area.
A concurrent and parallel process is involved in the preparation, adoption, approval, and coming
into effect of the Development Regulations for 20 17-2027 and supercession of the predecessor
Development Regulations for 1994-2004 and amendments made thereto.
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2.3 Effect and Amendment of the Municipal Plan
The Municipal Plan is a legal document, binding upon Council and any person or group using or
proposing to use land anywhere within the Municipal Planning Area. All development must
conform with the applicable policies of the Municipal Plan after the date upon which it comes
into effect.
The Act at Section 28 requires that a Municipal Plan be reviewed not later than every five years
from the date it has come into effect. The general intention is that Council may revise the Plan
with a view to the deveLopments which can be foreseen for the next ten years. Consequently, the
time frame for this Plan is the ten year period of 2017 through 2027.
The Municipal Plan may be amended at any other time, in whole or in part, for legitimate
reasons that may have been unforeseeable at the time it had initially been drafted, and the Town
of Massey Drive has indeed done so on several occasions. Any such amendment must be
consistent with the Municipal Plan as the amendment will be read together with and become part
of the Municipal Plan.
2.4 Municipal Plan Administration; Role of Development Regulations
When a Municipal Plan comes into effect, the Council is required to provide for its
administration in conjunction with the Development Regulations. The Development Regulations
are written in conformity with the Municipal Plan in the form of land use zoning, subdivision,
and advertisement regulations.
Development Regulations must comply with the requirements of the Urban and Rural Planning
Act, 2000, and include standard Provincial Regulations which currently are Newfoundland
Regulation 3/01 made by the then Minister of Provincial and Municipal Affairs and which came
into force on January 1, 2001. 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 accompanying Development
Regulations may involve Council employee(s) if they are appointed by Council pursuant to
Section 109 of the Urban and Rural Planning Act, 2000 to approve or reject applications to
develop land and if they are so appointed, to outline conditions applicable to the development.
Staff so appointed may issue orders concerning a development, including orders to stop work or
to demolish construction and restore a site to its original condition, subject to confirmation by
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majority vote of Councillors present at their next meeting (if not confirmed, the order is
cancelled). Executive staff also have a professional duty to advise Council on planning matters
in the Municipal Planning Area.
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Town of Massey Drive: Municipal Plan for 20 17-2027
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3.0
INTRODUCTION
3.1 Title and Components
This Mttnicipal Plan, when brought properly into effect, shall be known as the Municipal Plan
ofthe Town ofMassey Drive, 2017- 2027. The following text and Future Land Use Map I
contained herein constitute the Municipal Plan for the Massey Drive Municipal Planning Area.
3.2 Review and Amendments
As indicated in the foreword, the policies and land use designations described in this Municipal
Plan are subject to periodic review and occasional amendment as required in the light of
changing economic, social, and technological developments.
3.3 Purpose of Plan
A Municipal Plan guides growth and development within a Municipal Planning Area. It
provides a means of preventing problems that could occur if conflicting land uses are developed
too close]y. It directs future growth so that municipal services and land resources are used most
efficiently, thus preventing unnecessary increases in servicing costs that can result from
development becoming needlessly spread out. It also ensures that aspects of land development
like safety, aesthetics, and environmental protection are given proper consideration.
3.4 Municipal Planning Area
The territory subject to this Municipal Plan is that which is included within the boundaries of the
Massey Drive Planning Area, which coincide with the municipal boundary of the Town of
Massey Drive as shown on Future Land Use Map 1.
3.5 History and the Way Forward
In the course of reviewing the predecessor planning documents, substantial research was carried
out concerning planning topics, and the data, literature, analysis and recommendations are
compiled in a Planning Background Report. Though that report is not an official part of this
Municipal Plan, it is a useful reference document for those who wish to more fully understand
the background information and thought leading to finalization of this official Municipal Plan.
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Town of Massey Drive: Municipal Plan for 2017-2027
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Massey Drive is an inland community abutting the eastern boundaries of the City of Corner
Brook, on the west coast of the island ofNewfoundland. It lies on the TransCanada Highway,
with which its main street, also named Massey Drive, intersects. By automobile, the City centre
is only minutes away.
The community's location relative to other west coast communities and
sites may be appreciated from the map below:
A mill built in Corner Brook by the International Paper Company ofNewfoundland Limited
began to produce paper in 1925, and continues today.
The mill and its many directly related
Compared to the many communities in Newfoundland and Labrador, the Town of Massey Drive
has had a brief and different history. Most ofthose other communities can relate their origins to
the historic fisheries of France and Britain, going back to the I 700s. Massey Drive didn't exist
until the development ofthe industrial community of Corner Brook began in the 1920s. Until
then, there was traditional outport fishing and some forestry work in the region, but the making
of the community had to do with the vast forest resources on the west coast, which attracted
investment in paper making after World War I.
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Town of Massey Drive: Municipal Plan for 2017-2027
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enterprises, together with the services and goods industries which are supported by them, became
the initial mainstay of the emerging regional economy. In later years, economic activity
unrelated to the paper industry grew in the health and public services and tourism sectors, and
now their employees outnumber those in papermaking and other manufacturing.
The Town of Massey Drive grew rapidly: the population had grew by an astounding 49.2% in
the five years between 1986 and 1991 and 5 1.9% in the five years from 2001 to 2006, practically
the same rate. The latest (2016) statistics show an increase from 2011 to 2016 of 1,412 to 1,632,
le:
15.6%, so those earlier high rates have diminished.
Review of the population projections produced by the provincial government's Economic and
Projects Analysis Division in the Department of finance confirms a belief that the region's
population will be at least stable for the foreseeable future. The most pessimistic scenario for
Economic Zone 8, the region in which Massey Drive is located, shows a forecast of a decrease of
about 2.5% over the next 20 years. The most optimistic scenario shows a forecast increase of
about 4.1%.
The region is expected to continue to have a diversified economy and a population for which
even a middling forecast scenario indicates stability. In even the "medium" scenario, there will
continue to be demand for new housing in Massey Drive as old stock is replaced and stable, good
incomes and confidence from fairly stable employment enables new investment in home
bti lid ing.
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Town of Massey Drive: Municipal Plan for 2017-2027
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4.0
KEY FACTORS AFFECTING PLANNING POLICIES
A brief history of the settlement of the community and its economic evolution has been given in
Section 3.0. As the community looks forward in the context of managing development, services,
amenities and infrastructure, the most prominent factors that affect planning policies are
summarized here. These factors include the goals expressed by the community, ongoing demand
and availability of land for new development, amenities, infrastructure, and the emerging high
priority of dealing with sensitive lands and the effects of climate change.
4.1 Goals of the Community
Ideally, the goals of the community and the policies and practices of Council in its planning
regime will coincide, and in this Municipal Plan, Council continues to do so as much as their
legislative ability and resources permit. Surveys carried out by the Council in the process of
preparing the Integrated Community Sustainability Plan (ICSP) in 2010 suggest that the goals of
the community can be fairly summarized as follows:
-
To manage growth, development, and provision of services in a manner that is in keeping
with the financial resources of the community.
-
To minimize future costs of municipal servicing by managing growth in a manner that
ensures orderly development, and encourages a compact physical structure by utilizing
land that is available within the boundaries of existing serviced development.
-
To foster community well-being and active lifestyles by supporting our cultural
resources, and ensuring that there are opportunities for active recreation.
-
To support new opportunities for business growth in tourism and other sectors by
working with community partners, business operators, and the public.
-
To provide opportunities for citizen input regarding development decisions.
These goals together with technical considerations and other factors outlined in this Section are
reflected in the development concept described in Section 5.0.
4.2 Economy, Demographics and Demand for Land
As said in Section 3.0, the forward look for the regional economy and population change is one
of at least stability, and for Massey Drive the forecast is for continued growth of population and
new housing.
New development in the community has for decades been almost exclusively
single dwellings, filling in available lots along Massey Drive and built in subdivisions offthat
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Town of Massey Drive: Municipal Plan for 20 17-2027
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street. There has been virtually no demand for land for developing commercial, industrial or
institutional types of land use.
The housing start statistics for the years leading up to the last decade show very high levels of
growth. The last five years, 2011 to 2016, provide good figures to use for land use planning for
the next decade, as it reflects a less expansionary economy and changing local conditions than
was seen earlier. That five year growth of 220 people, divided by about 2.8 persons per
household in 2011, represents about 15 households increase per year, and that is the forecast of
land demand for new development adopted for the decade to which this Municipal Plan applies.
The time line for these developments is of course uncertain. The annual consumption of land
may be quick if confidence in the local economy remains strong and investment money is
flowing, or it could be very long if serious recessions or extreme tightening of mortgage money
occurs. Nevertheless, it matters little for long term land use planning whether the development
of new streets and services is stretched out over time or is sudden--the long term pattern of land
uses and infrastructure will be much the same.
At present, there are several subdivisions which are fully approved and serviced, which are
rapidly being built up. There are several proposed subdivisions which are based on proposed
future streets, where the street arrangement is known and where the rezoning actions taken in
amending the predecessor planning documents have zoned the lands for this purpose. In
addition, there are some areas both north and south of Massey Drive that have potential for
ftirther development in the short run, beyond the streets and subdivisions already approved or
proposed. These include the following:
-
A large triangular area above Mountainview Road, just below the "North Access" label
on Future Land Use Map 1.
-
An area between Targett Drive and Country Lane.
-
A small triangular area to the west of Miller Crescent, bounded by the NL Hydro Line
and the back lot lines of lots fronting on Massey Drive.
Very approximately 60 lots could be developed in those areas, using development densities of
about the same as the newer subdivisions have exhibited, and there is a confident number of 160
lots available on the proposed future streets, totaling about 220 lots. That number represents
about 15 years' supply of lots, using the figure cited of 15 per year.
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Beyond the availability of residential lands just described, a large area in the northwest quadrant
of the planning area marked as Urban Reserve on Future Land Use Map I is undeveloped and
has potential for considerable new development.
There is virtually no demand expected for land for non-residential use, other than for
recreational and community facilities, such as parks and trails, in which regard considerable
progress has been made and plans are being made for expansion and enhancement of those uses.
4.3 Amenities
Another goal cited in the 1994 planning documents and as earlier cited from the ICSP touches on
improvement of civic cultural and recreational assets. The well educated and young, family-
oriented population has aspirations in this regard which are quite different from those in
communities with aging and diminishing populations.
The community is fortunate in that many varied cultural and recreational facilities and
opportunities can be found in the region. This is a strong asset to the quality of life in the
community, and for the Town's financial situation: the Town does not need to be all things to all
people, and can focus its resources on the gaps. The community's focus can be on supporting
active lifestyles by taking advantage of the natural features of the immediate area and
opportunities for local facilities not requiring travel outside the community.
The wooded and rolling landscapes are naturally attractive, and the presence of water features
such as Stratton's Pond, Link Pond, and Tipping's Pond add greatly to the appeal.
The planning
underway to make good use of these features is commendable, and Council is committed to
continuing to seek opportunities to use them to add to the town's recreational and cultural
resources. There is also thought being given to creating a community garden in an area on
Stratton's Pond. Trails and trail amenities around Stratton's Pond and Tipping's Pond and
elsewhere to form a network of walking opportunities would be the envy of many other
communities.
More urban forms of recreation for children and young adults in the form of playgrounds and
outdoor sports and recreation facilities are desirable in addition to the trails and outdoors features
to provide other options contributing to healthy lifestyles. Plans are being made to develop a
comprehensive outdoor multi-purpose recreation facility, so as to expand the range of activities
located at the Mama Dawe Recreation Complex.
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Town of Massey Drive: Municipal Plan for 2017-2027
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4.4 Infrastructure
The basic infrastructure which supports accessible, safe and sanitary use of land includes the
Street, water and sewer systems serving the community. These are the municipal components,
and additional infrastructure is provided by telecommunications and electrical power entities.
Only the infrastructure provided by the Town of Massey Drive is considered in this Municipal
Plan as the other components are provided in a sufficient and benign fashion.
4.4.1 Water and Sewer Services
The community is serviced throughout with central water and sewer services. Water is
purchased under agreement with the City of Corner Brook, and sewage is directed to flow into
the sewer network of the City. The agreements for those shared services run until 2025 and
include detailed requirements of the Town of Massey Drive, all intended to enstire high quality
construction and operation of the public works involved.
The community has a direct, unusual interest in one aspect of the water supply system. The
water supplied by the City of Corner Brook is piped to the community from the City's water
treatment plant to the west of Massey Drive, but the water originates from surface watersheds
lying to the east. The water is piped from its source to Trout Pond, which is used as a holding
pond where primary settlement of sediment takes place. Water is then piped from Trout Pond to
the City's Water Treatment Plant on the western side of the Trans-Canada Highway.
Any contamination of the Trout Pond watershed wiLl make its way to the water treatment plant.
Part of the watershed lies within the planning area. The watershed both inside and outside the
planning area is protected by provincial government regulations under the Water Resources Act,
2002. It is important that stringent regulations be kept in place by both the provincial
government and Council, which should permit only conservation uses (watersheds, buffer strips,
flood plains, wildlife sanctuaries etc) and prohibit any other uses. It should be obvious that these
stringent measures must continue, as there are few necessities of life more critical than supply of
good quality potable water.
4.4.2 Street Services
The community has been developed with good street services, with good paving and drainage
control in almost all areas. Past construction standards have been adequate and new subdivision
streets are being built to a modern, engineered standard. It is very important that future streets
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are designed and built to appropriate engineering standards, as per the Development Regulations
and modem engineering practice, because any shortfalls today will surely be paid for in the
future.
The street pattern of the community has slowly evolved from the original linear feature of
Massey Drive itself, to a spine-and-ribs pattern in which cul de sac streets were built out from
Massey Drive, and now to more of a grid pattern. As the streets in the new subdivisions shown
on the Futttre Land Use Map I are built and linked, the grid pattern will become stronger. This
will enable more efficient municipal servicing with piped services and much more efficient
dealing with snow and ice control issues associated with cul de sacs.
Providing for road reserves in future subdivisions that relate to the overall linkages is critically
important as failing to do so will lead to dangerous situations in which large numbers of residents
are permanently left with only a single access to the external street network, risking tack of
access for emergency responders should the single access be blocked. The pattern shown on
Future Land Use Map I shows how the major linkages are to be developed in a coherent pattern
over time. Council recognizes the need for an overall water and sewer servicing plan to go along
with the street network plan, for which the development concept described in Section 5.0
provides the technical framework.
Access to the Urban Reserve shown on future Land Use Map 1, in the northwest quadrant of the
community, requires designating alignments shown as South and North Access on the Future
Land Use Map 1. The South Access would function as a collector street from that area down to
Massey Drive. If the North Access were twinned, there would be no need to build the South
Access. The North Access in either case would link to join the street network in the upper
reaches of Mountainview Road and Lakeview Drive. Decisions concerning the use, accessibility
and infrastructure needs for development of the Urban Reserve should be made early in the ten
year period to which this Municipal Plan relates.
In the process of developing the 2010 ICSP, desires were expressed for better street lighting and
bus shelters along Massey Drive. Council has in the interim addressed these concerns.
Standards are included in the Development Regulations for new subdivisions, including
functional standards such as the numbers of sidewalks in new subdivisions.
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4.5 Sensitive Lands and Adaptation to Effects of Climate Change
Good community planning must concern itself with adaptation to environmentally sensitive
lands and natural hazards. for many years, topics such as geological stability, landslides,
flooding, wetlands, and coastal erosion have been well understood. In recent years, predictions of
the effects of climate change have become clearer and measures are being taken in forward
looking communities to adapt to those which threaten the environment and human settlements.
The already developed areas in the planning area are generally free of some of these hazards.
However, in all hilly areas, the risks of landslides, rockfalls and avalanches are significant, and
the weather extremes associated with climate change will affect drainage of streets and
properties and stress infrastructure.
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5.0 DEVELOPMENT CONCEPT
This Section presents a general development concept for the community, including brief
descriptions of approaches to key issues. The next Section provides the policies applicable to
various land use designations in the planning area, which are named in the Municipal Plan text
and marked on future Land Use Map 1. Some policies apply uniformly to the entire planning
area. The policies have been devised so as to fulfill Council's goals and objectives and to respect
any overriding interests of the provincial government in land use planning.
The overall development concept for the planning area is as follows:
-
Massey Drive's geographic function has been and will continue to be essentially that of a
high quality suburban residential community for which most employment and practically
all major services are found in the region, but outside the community.
-
The community is expected to continue to strongly attract newcomers, mostly families
with stable employment in the area, to buy or build homes, with new development
expected to use up all of the building lots which will become available over time.
-
The community's appeal to settlers is its quality of life as a family-oriented residential
area and the prospect of increasing active recreational opportunities, such as walking
trails and scenic venues, in an already very attractive natural environment.
-
Residential and public-and-community-tise land use designations will comprise almost all
of the readily accessible and serviceable land in the community. Much of the available,
easily serviced land has already been built on or committed to residential subdivisions,
and the balance still available will be developed in the same way over time.
-
The predominant building form will continue to be almost entirely single dwellings of
conventional form, with a small number expected of subsidiary apartments and double
dwellings but excluding mobile homes and mobile home parks.
Only small scale, benign
non-residential development (including home businesses) will be allowed in the
designated Residential areas.
-
Active recreational facilities in the form of outdoor playgrounds and small scale sports
areas, an extensive network of public walking trails, and amenities such as a community
garden, shelters and resting places, will comprise the short term recreational
infrastructure. Trails may eventually extend across the top of Link Pond Drive and
Lakeview Road and into the Urban Reserve, and/or, crossing the Commercial/Industrial
area to the small Public and Community Use area south of Country Lane and the Deer
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Lake power line. Additional amenities such as shelters, day parks, parking spaces and
the like may be included in various places.
-
A large area at the east end of the community, cast and north of Stratton's Pond
subdivision and alt around Tipping's Pond, will be designated as Public and Community
Use for ongoing development of trails and other amenities focused on the natural
landscapes and those water features.
-
The Town-owned tot behind the Town Halt and Mama Dowe Recreation Complex area
will be reserved for future Public and Community Use, incltiding outdoor playground and
sports, though there is virtually no more available land there.
-
The part of the Trout Pond protected public water supply area lying within the planning
area, designated as Protected Water Supply, will continue to be an area in which any
development except as may be related to the waterworks function will be prohibited.
-
A mostly undeveloped rural area on the southwest side ofthe planning area, beyond the
Deer Lake Power Line, is used for two light industrial uses and one single dwelling. The
Town does not plan to extend water and sewer services beyond their present limit. The
intended use of that area is for commercial and industrial use, on private water and sewer
services. Extension of services may be considered but if deemed acceptable would have
to be financed by the proponent. The wide right of way for the Deer Lake Power line
serves as a buffer between this area and the adjacent residential areas. The area is
designated Commercial/Industrial.
-
An Urban Reserve which could serve for either residential or commercial/industrial uses
will be designated in a large rural area high above Prince Charles Road and Harvey's
Road, and northwest of the upper end of Mountainview Road. The predominating future
use has not been decided at this point in time as there is a sufficient stock of existing or
committed residential building lots to last beyond the ten year span of the 20 17-2027
planning documents. The decision making in that regard should include studies of access
and servicing to complement a master infrastructure plan. In the meantime, only forestry
uses will be approved, to prevent developments that would inhibit later urban
development of the type intended.
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6.0
MUNICIPAL PLAN POLICIES
The policies in this Municipal Plan are organized in two sets: the first to do with specific areas
which are designated and for which area-specific policies are written, the second to do with
policies affecting all areas uniformly. The first set has the entire area of the municipal planning
area covered, such that there are no areas which are excluded from area designations.
These policies, together with more detailed requirements and procedural matters which are set
out in the Development Regulations, will provide direction for Council decision-making in
t-nunicipal planning. Numerous topics of varying degrees of precedence and detail will be stated
in the Development Regulations to fulfil the goals, objectives and policies of the Municipal Plan.
6.1 Area Allocations and Area-Specific Policies
The municipal planning area is geographically divided into a variety of areas, designated by
name as follows (in some cases, two or more separate areas will bear the same designation, such
as the several Residential areas):
-
Residential
-
Urban Reserve
-
Commercial/Industrial
-
Public and Community Use
-
Protected Water Supply
The respective boundaries of these areas are shown on Futtire Land Use Map 1.
The factors affecting planning policies the rationale for the overall development concept have
been described earlier in this Municipal Plan, so the preamble to the policies in this Section are
brief. Reference is made to use of site plan submissions, which may be used by Council in
dealing with large or unusual projects where more information than is usually needed is required
to assist in evaluation of proposals (see Section 7.2 and associated Appendix A).
The meanings of "groups, divisions and classes" of land uses as used in this Municipal Plan are
to be interpreted according to the classification of uses fotind in the Development Regulations.
A copy of the classification table is attached as Appendix B for ready reference.
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6.1.1 Residential
The Residential area designations reflect those areas which have already been built up mainly
with housing, plus the areas already approved in full or in principle for housing, plus peripheral
areas which are best suited to this land use group.
The functional vision of Massey Drive is that
of a high quality, low density suburban, family-oriented community for which practically all
employment and services of all kinds are found outside the community. As such, maintaining
and improving the high quality of residential life is the very highest priority in municipal
planning.Specific policies pertaining to the Residential areas are:
Permitted uses will be
1.
Single dwelling class (excludes mobile homes and mobile home parks) and subsidiary
apartments therein
2.
Double dwelling class
Uses which may be approved subject to Council's discretion include those in the following
classes and specific types of use:
Classes:
a.
row dwelling, apartment
b.
home businesses only in the classes of uses listed from c to p below
c.
cultttral and civic
d.
general assembly
e.
educational
f.
place of worship
g.
funeral home
h.
child care
i.
office
j.
medical and professional
k.
personal service
I.
general service
m. veterinary
n.
convenience store
o.
recreational open space
p.
conservation
q.
cemetery
and the following specific use:
r.
family and group care centre
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3.
Discretionary uses may be free-standing (being the sole use of the lot) or take the form of
home based businesses of the types indicated, which operate as accessory uses in dwellings
and accessory buildings.
4.
Subsidiary apartments will be permitted only in single dwellings and subject to detailed
requirements set out in the Development Regulations. Requirements for lot frontages and
areas will be made larger than for single dwellings, though they will apply only to lots
created after these Development Regulations come into effect. Council may at its discretion
approve subsidiary apartments in cases which would not fully comply with those larger
requirements or for parking requirements. where strict compliance may be relaxed in light of
site-specific, benign circumstances of individual cases.
5.
In considering discretionary use applications, Council will address vehicle and pedestrian
safety and include features for off-street parking and loading. further, adequate screening
shall be provided between non-residential land uses and any abutting residential uses. Such
screening may include among other measures the provision of grass strips, fences, shielded
yard lighting, and appropriate planting of trees and shrubs as visual barriers.
6.
All non-residential development shall be appropriately constructed so as to ensure reasonable
compatibility with the existing and intended future developments in the area, and that they
can be conducted without any significant adverse effect on the surrounding neighbourhood.
7.
Council will encourage, by all possible means, the development, re-development and visual
improvement of the area. Such means can include selectively funding civic improvements
such as bus shelters, high quality signs, street furniture, ornamental lighting, landscaping, and
high quality maintenance of streets and sidewalks.
8.
The Development Regulations will detail requirements related to home businesses, retaining
walls, accessory buildings, minimum dimensions of yards, and other topics with the purpose
of developing and maintaining a high quality, aesthetically pleasing, low density suburban
ambiance.
9.
The recent approval of the Stratton's Pond subdivision (Keith Street and other streets off it)
included the conveyance to the Province of Newfoundland and Labrador of a shoreline strip
of land around the north and west sides of the Pond, on which a trail is planned. Part of the
conveyed area is a larger plot accessed from Keith Street for which a community garden is
being contemplated, which would connect to a future network of trails in the community.
Council will endeavour to secure title to these Crown lands.
Council is supportive of these
developments and for the extension of the trail system throughout the community.
10. Council will take strong action to deal with properties which are dilapidated or tinsightly in
order to achieve the best possible appearance of the area, which presents the primary image
of the community.
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11. All development must be serviced by the Town's central water and sewer systems.
12. For cases where unusual circumstances are anticipated or revealed, especially for very large
scale or complex developments, Council may require submission of a detailed site plan for
review and approval as described in Section 7.2 and Appendix A (information requirements
for a site plan) in this Municipal Plan.
6.1.2 Urban Reserve
The Urban Reserve area could serve for either residential or commercial/industrial land tises.
This will be decided by Council in the future through the next general planning review, or by
special amendment to the Municipal Plan and Development Regulations upon further study, or in
response to a proposal for development which may be of interest.
The permitted uses in the Urban reserve are conservation and recreational open space classes.
Discretionary uses are limited to forestry developments so as to prevent developments which
could later frustrate plans to develop urban land uses. Any forestry developments shall be in
accordance with a professionally prepared forest management plan approved by Council.
6.1.3 Commercialllndustrial
The Commercial/Industrial area is an irregularly shaped area lying between the Deer Lake Power
Line, Massey Drive, and the Protected Water Supply area. The existing developments are
serviced by a short extension of the Town's central water system but are on private sewage
disposal systems.
This Municipal Plan responds to the principal unfulfilled goal of the community, as expressed in
the 1994 planning documents and in the ICSP report, in supporting businesses and building tip
the non-residential tax base through commercial and industrial deveLopment.
The policies applicable to the Commercial/Industrial area are:
I.
Lands designated Commercial/Industrial shall be developed primarily for commercial
and industrial uses.
2.
In order to ensure full review of proposals, the only permitted uses shall be in the
agriculture (excluding any use involving animals), forestry and conservation use classes,
plus existing industrial and residential uses.
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3.
Discretionary uses will include the:
a.
Assembly group
b.
Institutional group
c.
Business and personal service group
d.
Mercantile group
e.
Industrial group except the hazardous industry class
f.
forestry class
g.
Agricultural class, excluding any use involving keeping of animals
h.
Recreational open space class
i.
Animal class
j.
Antennas and wind turbines with towers up to 15 metres
4.
Council will evaluate each development proposal to set development standards to reduce
or eliminate any significant negative impacts and protect public safety and amenities.
5.
New development may be serviced with extensions of the Town's central water and/or
sewer systems at the proponent's expense and subject to Council's compliance with the
servicing agreement with the City of Corner Brook and approval of capacity and
technical standards.
6.
Private water supplies and private sewage disposal systems are acceptable but are subject
to the proponent securing Certificates of Approval ftom provincial government
authorities.
6.1.4 Public and Community Use
This designation reflects the intended use of these lands for open space, recreation, civic and
cultural amenities, and public facilities such as a fire hall or municipal office. Three areas under
this designation are:
-
A lot owned by the Town on Massey Drive, occupied by the Town Hall, fire Hall, a
playground, and the public works depot with its outdoor storage area.
-
A large area east and north of Stratton's Pond and around Tipping's Pond, some of which
has been in use for year-round outdoor active recreation for many years. Council's long
term objective is to develop the site further for active recreation focused on the beautiful
natural landscapes, including the two Ponds. Some trails have already been developed,
and the intention is that such trails would continue beyond the designated area in a
network throughout the community.
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-
A very small triangular area south of Country Lane and the Deer Lake Power Line,
northeast of the NL Hydro line, and northwest of the Protected Water Supply area. The
area essentially has no prospect of vehicle access, but could potentially be traversed by
trails if Deer Lake Power would consent to a walking trail crossing their electrical line
property.
The policies applicable to the Public and Community Use areas are:
1.
Lands designated Public and Community Use shall be developed primarily for public
recreation and enjoyment of the natural features which add significantly to the quality of
life in the community.
2.
In the case of the Town lot on Massey Drive, public buildings comprising the Town Hall,
Fire Station and public works depot will share the use of the site with recreational
facilities. Council plans to develop a comprehensive outdoor multi-purpose recreation
facility by expansion of the Mama Dawe Recreation Complex.
3.
In order to ensure full review of proposals, the only permitted uses shall be in the
recreational open space and conservation use classes in all areas so designated. Short
antennas are in addition permitted at the Town lot so designated on Massey Drive. Also,
the existing uses of general garage and workshop including outdoor storage of materials
and equipment will be permitted.
4.
Discretionary uses will include only those specific developments in the assembly uses
group, excluding the place of worship, club and lodge, catering and funeral home classes.
The criteria for approval is that the proposed specific use is to be complementary to the
intended uses of the lands in this designation. Any significant alteration of landscapes
shall be subject to careful review of the environmental impacts and sustainability of the
purpose.
5.
Council will prepare an outdoor amenities strategic plan to guide long-term
implementation of trails, the community garden, playgrounds and sports features, use of
the Ponds for recreation, and complementary facilities such as shelters, parking, and
toilets.
6.1.5 Protected Water Supply
The area designated as Protected Water Supply is part of the Trout Pond Protected Public Water
Supply Area, which is protected under the provincial Water Resources Act, 2002. Specific
policies pertaining to the area are:
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1.
Protection of the Protected Water Supply area from encroachment, disturbance or
contamination is a matter of extreme importance.
2.
As the area is an integral part of the waterworks of the City of Corner Brook, Council
will not take any actions concerning development in the area except in close consultation
with, and the consent of, the City of Corner Brook.
3.
The permitted uses in these areas are limited to conservation class uses and uses related
to the management of the lands and the water utility works which are operated by the
City of Corner Brook.
4.
Uses permitted at Council's discretion include those in the forestry class, and only in
conjunction with an approved, professionally prepared forestry management plan.
5.
Council will monitor activities in the area to be vigilant about any threats to the sanctity
of the water supply, and inform the City of Corner Brook as to any observations
warranting investigation.
6.2 Policies Applicable to All Areas
The following policies pertain to all of the municipal planning area.
6.2.1 Natural Hazards to Building
The following policies are intended to prevent or mitigate exposure of buildings and lands to
natural hazards:
1.
Professional review and advice will be required to evaluate any proposal for the erection
of a structure on a site which is potentially subject to natural hazards including flooding,
unstable slopes, or any other physical hazard.
2.
Any proposal for development on the shores of or in the Ponds or other water bodies or
streams, of wharves, slipways or other structures, and for any infilling or dredging or
other work in or near the waters, shall follow the provincial government Guidelinesfor
the Construction and Maintenance of Wharves, Breakwaters, $lipways and Boathouses
and any other requirements pertaining to work in water bodies.
3.
Any proposal for development of a site having a slope in excess of 15% must be certified
by a geotechnical professional engineer as having low risk of landslide, avalanche, and
rockfall.
4.
Council will endeavour to be well informed on the expected effects of climate change as
the science evolves, particularly concerning the frequency and severity of extreme
weather events such as heavy rainfalls and snowfalls, droughts, wind gusts and the like,
as they affect public safety and vulnerability of infrastructure and properties to damage.
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6.2.2 Municipal Services
Public works and utilities located throughout the community are needed in order to provide the
community with a safe and healthy environment. Some of the costs of running a rntinicipal
government are proportional to the overall length of municipally maintained streets that are
usually provided with street lights, water and sewer services, drainage, signage and landscaping.
Generally, the more spread out a settlement becomes, the more these costs increase
disproportionately in relation to the number of dwellings or other buildings served.
Council intends to control these costs through implementation of the following policies:
I.
New public works will be constructed in a staged and orderly manner to provide an
economic and logical sequence for growth related to the needs of the community and the
financial resources available.
2.
Extensions to the water, sewer and road system to support a development and which are
not part of the Town's capital works program shall be the financial responsibility of the
developer, although the Town may access senior government financial assistance where
possible, to encourage and assist desired works.
3.
Infrastructure which is intended to be conveyed to the Town shall be designed and
constructed to modem engineering standards, and shall be subject to approval by Council.
4.
Council will collaborate with those utilities and agencies involved in pole lines and other
infrastructure for electrical and telecommunications services to achieve the best possible
aesthetic effects; in particular, pole lines should be located along the rear lot lines where
feasible.
5.
Municipal street, water and sewer works, including associated structures for such
purposes, may be developed at any location provided due consideration is given to
potential hazards and aesthetics.
6.
All buildings shall have motor vehicle access to a publicly owned and maintained street,
unless other policies and requirements of this Municipal Plan or the Development
Regulations specify otherwise.
6.2.3 Temporary Uses
Generally, the Municipal Plan contemplates developments of a permanent nature. Council
wishes to be able to consider, at their discretion, situations involving the placement of a motor
vehicle or travel trailer or equipment or cise of land for short term events such as community
festivals or for a laydown or equipment yard for a construction project. Provisions will be
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included in the Development Regulations for suitable discretionary approval criteria and
maximum time periods applicable to these cases.
6.2.4 Protection of the Natural Environment
Protection of the natural environment is a high priority. The quality of air, land, and water in and
around the community, and aesthetic considerations, are important to the health, culture, and
economy of the area. The rote of Councit in this regard is intertwined with the roles and
authorities ofthe Government of Canada and the Province ofNewfoundland and Labrador.
Under the authority of the Water Resources Act, the provincial Department of Municipal Affairs
and Environment is responsible for the management of water resources of the Province of
Newfoundland and Labrador, and coordinates with the federal Department of fisheries and
Oceans. The provincial department has programs to protect, enhance, conserve, develop, control,
and effectively utilize the water resources of the province on topics including but not limited to
the following:
a)
Development within 15 metres of a waterbody or watercourse if in a Crown land
reservation;
b)
Discharge of any effluent offthe subject property;
c)
Work in any body of water;
U)
lnfilling of water bodies or diversion of streams (usually not approvable if for residential
development);
e)
Construction of wharves, breakwaters, slipways and boathouses;
f)
Infilling or dredging associated with marine structures or other works;
g)
Any development in a protected public water supply area;
h)
Providing waste receptacles in work areas;
i)
Waste diversion actions including recycling, reuse or resale programs:
j)
Open burning of waste;
k)
Pesticide and halocarbons use, purchase and storage;
I)
Petroleum (including used oil) storage and dispensing;
m)
Effects of climate change; and,
n)
Energy efficiency in buildings.
These matters will be identified in the Development Regulations as a reminder that such
requirements may apply to proposed developments. In order to ensure that the requirements of
the provincial Water Resources Act are respected in Council exercising its planning authority
pursuant to the Urban and Rural Planning Act, 2000, the Development Regulations will provide
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detailed requirements about development near or in any water body, including ponds, streams,
rivers, and wetlands, regardless of the zone in which they are located.
Further to the above:
I.
As a general principle, proposed development should not pollute or degrade any part of the
community. In cases of large or special types of projects where environmental protection
concerns are complex, the proposals should be carefully studied and any concerns brought to
the attention of the appropriate provincial or federal authorities.
2.
Garbage, refuse, abandoned vehicles and any other discarded materials of any kind should be
disposed of only at an authorized waste disposal site or facility outside the municipal
planning area. Such material shall not under any circumstances be used as fill for buildings
and lots. Wrecked or inoperable vehicles, machinery or equipment of any kind shall not be
stored or abandoned where it may be in public view.
3.
All development sites should be landscaped where possible. The exteriors of buildings
should be properly finished and maintained to the satisfaction of Council. Owners of
dilapidated structures or unsightly yards will be required to remedy the situation if they
present a safety hazard.
6.2.5 Antennas and Wind Turbines
Tall antennas and wind turbines (windmills) represent an aesthetic and safety concern. Tall
antennas are a familiar sight in the outskirts of the community, and their visual effect and the
large areas of land required to accommodate their guy wires and access roads can be easily
appreciated. Council anticipates proposals for antennas and possibly wind turbines to be located
in the planning area.
Aesthetic considerations are quite subjective, but not to be discounted: tall wind turbines can
reach as high as 100 metres from the ground to the tip of the top blade when it is vertical (some
have tower heights over 50 metres and blade lengths currently are up to 42 metres).
Antennas
can be much taller than that, and involve widespread gtty wire arrays which severely
compromise the development potential of large areas of land.
Short antennas can be integrated in urban development in some cases, because the aesthetic
effects are not extreme; the massing of the towers is not overly prominent in short antennas, as
the structures are thin and there are few large attachments on them.
Land consumption for self
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supporting towers is negligible, but even a short antenna with guy wires has a considerable
footprint which cannot be further developed. Wind turbines present the added issue of noise and
safety related to operation of the machinery and shedding of ice from the blades.
Council's policies concerning these developments are as follows:
-
Council's balancing of safety, land consumption and aesthetic considerations calls for a
categorization of those with tower heights over 15 metres as "tall" and those under that
height as "short".
-
Tall antennas and wind turbines are viewed as incompatible with the developments
intended in all of the planning area and thus will not be approvable anywhere.
-
Short ones are viewed as incompatible in the Residential, Protected Water Supply, Urban
Reserve, and the small Public and Community Use area bounded by the Deer Lake Power
line, the NL Hydro line and the Protected Water Supply area, and thus will not be
approvable in those areas.
-
Short ones may be considered as discretionary uses in the Commercial/Industrial and
Pttblic and Community Use areas (in the latter designated area at the Town Hall lot on
Massey Drive, short antennas are permitted, ie: not including wind turbines).
-
Guy wires and anchors are to be located on the same lot as the tower.
6.2.6 Advertisements (Signage)
In the long-practiced official language of the Development Regulations, signs are called
advertisements.
All signs and advertisements are to be tastefully presented (in terms of lettering and overall
design), properly sittiated and well maintained in order to prevent unwanted visual effects, and
must be approved by Council. Detailed requirements are found in the Development Regulations.
6.2.7 Keeping of Animals
People keep animals as pets for the companionship and enjoyment of them. Keeping of pets is
rarely a matter of concern in a Municipal Plan, as the activity tends to be self-regulating as far as
land use is concerned.
Municipal planning laws such as a Municipal Plan and Development Regulations are not
intended to be used to deal with situations where pets are dangers or nuisances to others, or are
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not properly housed or not given appropriate care. In those cases, regulations concerning public
health, public safety, running at targe, cruelty to animals, noise and other such matters better
enable authorities to deal with offending behaviour.
The Development Regulations will therefore consider keeping of pets to be an accessory use to
the main use of a property where it is appropriate. In the Residential designation, a reasonable
maximum number of animals of acceptable types will be defined in the Development
Regulations for clarity.
6.2.8 Removal of Quarry Materials
Quarry materials produced as a by-product of an approved development may be removed from
the development site provided that royalties are paid to the province as required by the Quarry
Materials Act, 1998. For example, site preparation to construct a building usually involves
removing topsoil, overburden, and sometimes bedrock from the footprint area; these materials
may be retained or re-used on the development site (where no royalties are due) or removed from
the site (where royalties are due). Quarry materiats include but are not limited to aggregate, fill,
rock, stone, gravel, sand, clay, borrow material, topsoil, overburden, subsoil, and peat.
In order to ensure that royalties due to the province are paid, it is necessary that the Department
of Natural Resources be made aware of approved developments where the removal of quarry
materials may take place. The Development Regulations will contain a statement to the effect
that Council will notify the Department when such is known to Council as construction takes
place.
6.2.9 Non-Conforming Uses
Section 108 of the Urban and Rural PlanningAct 2000 concerns non-conforming uses, ie: those
uses which do not conform to a regulation, scheme or plan, and, which existed before this
Municipal Plan and Development Regulations are registered. Owners of such uses are entitled to
a statutory right to continue such non-conforming uses, and to modify a structure subject to
certain conditions.
Council can not alter those rights, but there are a few matters in which Council can make certain
provisions, as follows:
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a)
Section 108(2): the right to continue the non-conforming use expires after 6 months of
discontinuance unless otherwise extended in a regulation under the Act, ie: in the
Development Regulations. Council's policy is to extend this period to 3 years, and to so
indicate in the Development Regulations.
b)
Section 108(3): a Council may approve changing the use to another use where the new
use would be more compatible with the Municipal Plan and Development Regulations,
notwithstanding that the new use would otherwise not be permissible. The Minister's
Development Regulations require that Council provide for newspaper or other form of
public notice of intent to consider the varying of a non-conforming use to another use,
and consider any representations or submissions received in response to the notice.
Council will provide in the Development Regulations a provision that such notice be
made at the expense ofthe applicant and that the notice be sent to all persons whose land
is in the immediate vicinity of the land that is the subject of the proposal, at least ten days
prior to the date upon which Council will consider the matter.
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7.0 IMPLEMENTATION
7.1 Implementation Policies
The policies of the Municipal Plan for the Massey Drive municipal planning area will be
implemented by the exercise of appropriate Development Regulations, site plan control for larger
or more complex development proposals, and a planned sequence of public works.
All amendments to the Development Regulations will be checked against the Future Land Use
Map I and the policies of the Municipal Plan for the purpose of conformity. This requires proper
professional advice and documentation prepared by a qualified planner and due process prior to
being submitted to the Minister of Municipal Affairs and Environment for approval.
Before any development can take place, an application must first be made to Council for a
development permit. Development may take place only after Council or authorized staff have
reviewed the application and issued a permit. Ifthe application is to be considered as a
discretionary use or if it is for a variance, the proper process of notice and Council deliberation
as detailed in Development Regulations shall be carried out.
Council wilt consider the application to determine whether it conforms with the requirements of
the Development Regulations and the policies of the Municipal Plan. If it conforms, Cotincil wilt
approve the application and inform the applicant and state any conditions that may apply. If the
proposed development does not conform to the Municipal Plan and Development Regulations,
the application must be refused. Any applicant who is dissatisfied with the decision of Council
may appeal to an Appeal Board. The Appeal Board shall either confirm the decision or require
that Councils decision be varied or reversed.
Anyone who fails to follow the required application process or who otherwise violates the
Municipal Plan and Development Regulations can be prosecuted and may be ordered to remove
any illegal structure and restore the site and buildings on it to their original state.
Council has authority to grant a variance (not to be confused with a discretionary approval) of up
to 10% of a quantified requirement applicable to a proposed development which does not strictly
comply with the development standards. However, the proposed development must conform to
the general intent of the Municipal Plan. A proposed development must not change the permitted
land use, or significantly negatively impact adjoining properties, by virtue of grant of a variance.
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Where Council deems it useful and necessary so as to better consider the details of large or
complex projects, a site plan may be required of the applicant (see Section 7.2).
Municipalities in the province are encouraged to adopt the National Building Code. Its
requirements and administration are separate from those of the Municipal Plan and Development
Regulations. Often, building and planning regulations are considered in conjunction with each
other, as the prospective builder is usually considering them both at the same time, and the Town
may integrate information requirements on a common application form. However, the approval
of a building or construction permit under the National Building Code does not signify an
approval of a development permit pursuant to the Development Regulations, and vice versa.
Also, Council's policy is that the Town of Massey Drive does not provide building inspection
services related to the National Building Code Council's or staffs observations of new
construction will be only to ensure that the Development Regulations' requirements are met,
such as those concerning location of structures on the lot, parking, driveway location and
bridging roadside ditches and sidewalks, building height, and the use of the development. Those
persons requiring building inspection related to compliance with the National Building Code will
be advised to retain professional services at their own initiative and expense.
7.2
Site Plan Information Requirements and Evaluation
Many ofthe land use conflicts associated with large residential subdivisions, multiple unit
residential, commercial, industrial and public uses and the like can be avoided if sufficient
concern for detailed design is incorporated in the development approval process.
in order to more fully exercise Council's powers to apply conditions to a development permit,
Council may require a site plan to be prepared and approved by Council prior to approval of
large or complex developments. Appendix A to this Municipal Plan contains the information
requirements of a site plan. Evaluation shall be in accordance with the policies of this Municipal
Plan and the requirements of the Development Regulations.
7.3
Public Input in Planning
One of the goals of residents expressed as described in Section 4.1 is for the public to be
informed of developments in the community and to have good opportunities to make inputs in
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Town of Massey Drive: Municipal Plan for 2017-2027
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Council's decision making processes concerning planning matters. This is a goal which Council
stipports.
This Municipal Plan provides for the use of discretionary approvals for many types of
development which are not in the "permitted" lists. Each of those decision making processes
involves notice to the community and the opportunity to be heard directly by Council on the
specific nature of the proposals. further, other types of decisions also involve giving of public
notices and the opportunity to be heard: variances and changes in non-conforming ttses. And,
should an amendment to the Municipal Plan and Development Regulations be considered, a
process of notices and public hearing are also involved.
Those are the statutory requirements which Council must follow. In addition, Council will
undertake to communicate its business and upcoming matters as well as it can reasonably be
done, by posting agendas and minutes of meetings and information on matters of interest on the
Town's website. The public are always encouraged to attend open Council meetings and
communicate with Councillors concerning planning issues.
7.4 Policies Extra to Municipal Plan for Information
The policies set out in this Municipal Plan are set out as enabled by the Urban and Rural
Planning Act, 2000.
The Town has adopted other policies as enabled by other legislation, some
of which relate to certain aspects of development.
The administration and enforcement of those
other policies do not arise from the Municipal Plan nor the Development Regulations.
In order to minimize the risk of overlooking those other policies when dealing with permitting
under this Municipal Plan and the Development Regulations, the other policies will be quoted in
the appended to the Development Regulations. Amendment or repeal of those policies, or the
introduction of new policies of like kind, do not involve amendment of the Municipal Plan or the
Development Regulations.
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Town of Massey Drive: Municipal Plan for 2017-2027
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8.0 INTERPRETATION
8.1 Land Use, Boundaries, and Roads
It is intended that the boundaries ofthe land use designations and location of roads and other
features shown on the future Land Use Map and the Zoning Map in the Development
Regulations be considered as approximate, as the available base mapping does not provide
highly accurate information in some regards. Therefore, amendments to the Municipal Plan or
Development Regulations will not be required to support reasonable interpretation by Council
and staff concerning boundaries of zones and areas. The intent and policies of the Plan are to
guide the interpretation of the mapped information.
2.2 Figures and Quantities Approximate
Figures and quantities herein shall be considered as approximate on any matter not involving
variances. Amendments to the Municipal Plan will not be required for reasonable interpretation
of the meaning or precision of other figures or quantities.
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Town of Massey Drive: Municipal Plan for 2017-2027
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APPENDIX A: Site Plan Information Requirements
When Site Plan approval is required, the owner or proponent shall prepare site development
plans, including any or all of the items listed below, according to the nature of the proposed
development and directions of Council:
(a)
the dimension of the site;
(b)
the area of the site;
(c)
dimensions to indicate the location of all buildings;
(U)
dimensions of buildings to provide comprehensive information of their plan form,
including future buildings or expansions;
(e)
the distance between buildings and all yards;
(1)
other uses, a breakdown of floor area by proposed use;
(g)
gross floor area of buildings;
(h)
dimensions of all parking areas, access roads and driveways;
(i)
function and type of landscaped areas;
(j)
landscaping plan and specifications including;
-
surface treatment (asphalt, grass etc.)
-
tree and shrub types and sizes
-
location and number of trees to be retained or planted
-
dimensions of buffer zones, driveways, etc.
-
number and size of parking spaces and location
-
location and size of signage
-
location and width of all walkways, footpaths
-
location of loading zones
(k)
proposed contours and drainage of surface runoff ditching;
(I)
surrounding land uses;
(m)
existing access constraints, e.g. right-of-ways which exist on site or adjacent to it,
easements, or fire routes, and the means of satisfactorily addressing them;
(n)
location and intensity specifications for lighting;
(o)
location and use of outside storage areas;
(p)
perspective drawings and plans showing 4 point building elevations and 2-way cross
sections of buildings;
(q)
provisions for ongoing operation of features of the development which may involve
commitments or obligations of the Town of Massey Drive or its departments and
agencies.
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Town of Massey Drive:
Municipal Plan for 2017-2027
AS APPROVED BY COUNCIL 28 SEPTEMBER 2017
APPENDIX B:
Development Classification Table
CLASSIFICATION OF USES OF LAND AND BUILDINGS
(copy of Schedule B in the Development Regulations)
The classification of uses set out in the following table is based on the Classification of Typical
Occupancies included as Table 3.1 .2.A of the National Building Code of Canada, 1980. This
classification is referred to in Regulation 87.
GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
1.
Assembly Uses for the
pro-
(a) Theatre
Motion Picture Theatres
USES
duction and viewing of
the
T.V. Studios admitting an
performing arts.
audience.
2.
General Assembly Uses
(a) Cultural
Libraries
and Civic
Museums
Art Galleries
Court Rooms
Meeting Rooms
Council Chambers
(b) General
Community Halls
Assembly-halls and
Lodge Halls
active exercise uses
Dance Halls
Gymnasia
Auditoda
Bowling Alleys
(c) Educational
Schools
Colleges
(non- residential)
(d) Place of
Churches and similar places of
Worship
worship.
Church Halls
(e) Passenger
Passenger Terminals
Assembly
(I) Club and
Private Clubs and
Lodge
Lodges (non-residential)
(g) Catering
Restaurants
Bars
Taverns
(h) funeral
Funeral Homes and Chapels
Home
(i) Child Care
Day Care Centres
(j) Amusement
Electronic Games
Arcades
Pinball Parlours
Poolrooms
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GROUP
DIVISION
CLASS
EXAMPLES
A. ASSEMBLY
3. Arena-type Uses
(a) Indoor
Arenas
USES
Assembly
Armouries
(continued)
Ice Rinks
Indoor Swimming
Pools
4. Open-air Assembly Uses
(a) Outdoor
Bleachers
Assembly
Grandstands
Outdoor Ice Rinks and
Swimming Pools
Amusement Parks and Fair
grounds
Exhibition
Grounds
Drive-in Theatres
B. INSTITU-
1. Penal and Correctional
(a) Penal and
Jails
TIONAL
Institutional Uses
Correctional
Penitentiaries
USES
Detention
Police Stations (with
detention quarters)
Prisons
Psychiatric
Hospitals (with
detention quarters)
Reformatories
2. Special Care
(a) Medical
Childrens Homes
Institutional Uses
Treatment
Convalescent Homes
and Special
Homes for Aged
Care
Hospitals
Infirmaries
Orphanages
Psychiatric
Hospitals
Sanatoha
C. RESIDENTIAL
1. Residential
(a) Single
Single Detached
USES
Dwelling
Dwelling
Dwellings
Uses
Family & Group
Homes
(b) Double
Semi-detached
Dwelling
Dwelling
Duplex Dwellings
Family & Group
Homes
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Town of Massey Drive: Municipal Plan for 2017-2027
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GROUP
DIVISION
CLASS
EXAMPLES
C. RESIDENTIAL
1. Residential
(c) Row
Row Houses
USES
Dwelling
Dwelling
Town Houses
(continued)
Uses (continued)
Family & Group
Homes
(d) Apartment
Apartments
Building
Family & Group
Homes
2. General Residential Uses
(a) Collective
Residential
Residential
Colleges &
Schools
University &
College Halls
of Residence
Convents & Monasteries
Nurses and
Hospital_Residences
(b) Boarding
Boarding Houses
House
Lodging Houses
Residential
(c) Commercial
Hotels & Motels
Residential
Hostels
Residential Clubs
(d) Seasonal
Summer Homes &
Residential
Cabins
Hunting & Fishing
Cabins
Campgrounds
Recreational Vehicle Parks
(e) Mobile
Mobile Homes
Homes
D. BUSINESS
1. Business, Professional, and
(a) Office
Offices (including
& PERSONAL
Personal Service Uses
Government
SERVICE
Offices)
USES
Banks
(b) Medical &
Medical Offices and Consulting
Professional
Rooms
Dental Offices & Surgeries
Legal Offices
Similar Professional
Offices
(c) Personal
Barbers
Service
Hairdressers
Beauty Parlours
Small Appliance
Repairs
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Town of Massey Drive: Municipal Plan for 2017-2027
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GROUP
DIVISION
CLASS
EXAMPLES
D. BUSINESS &
1. Business,
(d) General
Self-service
PERSONAL
Professional
Service
Laundries
SERVICE
& Personal
Dry Cleaners (not using
USES
Service Uses
flammable or explosive
(continued)
(continued)
substances)
Small Tool and Appliance
Rentals
Travel Agents
fe) Communications
Radio Stations
Telephone
Exchanges
(f) Police
Police Stations
Station
without
detention
quarters
(g) Taxi Stand
Taxi Stands
C h) Take-out
Take-out Food
Food Service
Service
(I) Veterinary
Veterinary
Surgeries
E. MERCANTILE
1. Retail Sale and
(a) Shopping
Shopping Centres
USES
Display Uses
Centre
(b) Shop
Retail Shops and
Stores and
Showrooms
Department
Stores
(c) Indoor
Market Halls
Market
Auction Halls
(d) Outdoor
Market Grounds
Market
Animal Markets
Produce and
Fruit Stands
Fish_Stalls
(e) Convenience
Confectionary
Store
Stores
Corner Stores
Gift Shops
Specialty Shops
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Town of Massey Drive: Municipal Plan for 2017-2027
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GROUP
DIVISION
CLASS
EXAMPLES
F. INDUSTRIAL
1. Industrial uses involving
(a) Hazardous
Bulk Storage of
USES
highly combustible and
Industry
hazardous
hazardous substances and
liquids and sub
processes.
stances.
Chemical Plants
Distilleries
Feed Mills
Lacquer, Mattress,
Paint, Varnish,
and Rubber
Factories
Spray Painting
2. General
(a) General
Factories
Industrial
Industry
Cold Storage
Uses involving
Plants
Limited
Freight Depots
Hazardous
General Garages
Substances and
Warehouses
Processes.
Workshops
Laboratories
Laundries
Planing Mills
Printing Plants
Contractors' Yards
(b) Service
Gasoline Service
Station
Stations
Gas Bars
3. Light, Non-
(a) Light
Light Industry
hazardous or
Industry
Parking Garages
Non-intrusive
Indoor Storage
Industrial Uses.
Warehouses
Workshops
G. NON-
1. Uses not directly
(a) Agriculture
Commercial Farms
BUILDING
related to
Hobby Farms
USES
building
Market Gardens
& Nurseries
(b) Forestry
Tree Nurseries
Silviculture
(c) Mineral
Quarries
Working
Pits
Mines
Oil Wells
U
U
D
U
H
D
L
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Town of Massey Drive: Municipal Plan for 2017-2027
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GROUP
DIVISION
CLASS
EXAMPLES
G. NON-
1. Uses not directly
(d) Recreational Open
Playing Fields
BUILDING
related to building.
Space
Sports Grounds
USES
(continued)
Parks
(continued)
Playgrounds
(e) Conservation
Watersheds
Buffer Strips
Flood Plains
Architectural, Historical and
Scenic Sites
Steep Slopes
Wildlife
Sanctuaries
(f) Cemetery
Cemeteries
Graveyards
fg) Scrap Yard
Car Wrecking Yards
Junk Yards
Scrap_Dealers
(h) Solid Waste
Solid Waste
Disposal
Sanitary Land Fill
Incinerators
(i) Animal
Animal Pounds
Kennels
Zoos
(j) Antenna or Wind
TV, Radio and
Turbine
Communications
Transmitting and
Receiving Masts
and Antennas
Wind Turbines
(k) Transportation
Airfields
Railway Yards
Docks and Harbours
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