Town of Ming's Bight Municipal Plan 1998-2008

Ming's Bight, Newfoundland and Labrador

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I , I .... TOWN·o ·F :MING'S BIGH'f MUNICIPAL PLAN .·1998·- 2008 . ' . Prepa.-ed for the Town ofMlng'1t Bight. by t.h~ Urban and Rural Plnr,ningDM11k,n Departmel't of Municipal and Provincial Affair\ Go,emment ofNcwfounrtfand and Labrador D D D D D D 0 D D D D D D D D URBAN AND RURAL PLANNING ACT TOWN OF MING'S BIGHT MUNICIPAL PLAN 1998-2008 NOTICE OF APPROVAL I, Arthur D. Reid, Minister of Municipal and Provincial Affairs, under and by virtue of the powers conferred by the Urban and Rural Planning Act, hereby approve the Ming's Bight Municipal Pkm, 1998-2008, adopted by the Town Council of Ming- s Bight on the 3 t, day of Dated at St. John's this \ 4 day of "'S" A N\.1 ~~ 'f ----- - Lloyd G. Matthews Minister of Municipal and Provincial Affairs , 1991.9 D D -· D 0 D D D D D D D 0 D 0 D COUNCD.., RESOLUTION TO ADOPT Resolve.d, pursuant to Section 15 of the Urban and Rural Planning Act, that the Council of the Town of Ming's Bight adopt the Municipal Plan entitled "Ming's Bight Municipal Plan". Resolve.d further, pursuant to Section 17 of the Urban and Rural Planning Act, that the Council of Ming's Bight apply to the Minister of Municipal and Provincial Affairs for the setting of the time and place of a Public Hearing to consider objections or representations to the Municipal Plan. PROPOSED BY: ~ ~ SECONDED BY:# 1/o. rm tu-J- Certifie.d as a correct copy of a Resolution passed at a meeting of Council held at the Town of Ming's Bight on the & day of ~ . , 1998. Clerk SEAL AND SIGNATURE Signed and sealed pursuant to Section 15(3) of the Urban and Rural Planning Act this day of , 1998. (SEAL) Mayor CLERK'S CERTIFICATE Certifie.d that the attache.d Municipal Plan is a correct copy of the Municipal Plan adopted by the Council of the Town of Ming's Bight on the day of , 1998. D D D 0 0 D D D D D D 0 0 TABLE OF CONTENTS Page BACKGRO'lJN'D REPORT .------------------------------.----.--.-----.---- 1 1.0 1.1 1.2 1.3 1.4 1.5 1.6 2.0 2.1 2.2 2.3 2.4 2.5 Introduction ............................. Location Economy ------.-----------.---.--------- Population -------------.----- .......................... 1 1 .-...-.. 1 .. 2 Housing ................................... .. 3 Social/Public Services -- - 3 Municipal Finance ----- ............................... ---- 4 FOREW ARD .--.--...-.-....--.........-.-...--.--......-....-..-.-- 5 The Municipal Plan ...-.. Ministerial approval ..-.- The Effect and Variation of the Municipal Plan Development Schemes ---.-.- Municipal Plan Administration - - 5 - 5 .6 6 7 3. GOALS, OBJECTIVES, POLICIES .------.----------.----.------------- 9 3.1 3.2 3.2.1 3.2.2 3.2.3 3.2.4 3.2.S 3.2.6 4. Goals -----------.--- Objectives and Policies ---..--. The Future Town ---- Mixed Development Residential Waste Disposal - - ------ Environmental Protection Rural Resource .-.--.-.---- MUNICIPAL PLAN IMPLEMENTATION -------- --------·· ------------------------ 4.1 4.2 4.3 4.4 4.5 Introduction ..-. Development Regulations Development Control --.---..-----....--.----. Public Works --.-.. Development Schemes ............ 9 9 10 10 13 14 15 15 . .... ·-~_J 7 17 17 19 20 20 MAPS: Future Land Use Map I -..--..--..--.---.-...--...-.--.----..... 22 Future Land Use Map II .................................. Appendix D D 0 D 0 D 0 0 D D D 0 0 0 0 Ming's Bight Municipal Plan Page 1 BACKGROUND REPORT 1. 0 Introduction The Town of Ming's Bight was incorporated on 70/06/06. The Town Council made a resolution to have a Municipal Plan prepared on 91/09/16, and subsequently the Minister of Municipal and Provincial Affairs established the Ming's Bight Municipal Planning Area. On 92/02/21, the Lieutenant Governor in Council made an Interim Development Order and Development Regulations giving the Council control over development within the Municipal Planning Area. The Order and Regulations are intended to apply for the interim period between resolving to prepare a Municipal Plan and the actual coming into effect of the Municipal Plan. A Municipal Plan is prepared in two phases. The first is the preparation of a Background Report based upon surveys and analysis. It presents an inventory of the existing situation and outlines the problems and potentials with respect to development of the community. The Municipal Plan contains policies and proposals that will guide development for the next ten year period, and ensure a proper form and structure for the community. This Background Report and the Municipal Plan are related to the area of land contained within the Ming's Bight Municipal Planning Area, as shown on Future Land Use Map I & Il. 1.1 ____ Location--------·--··-----------·--------------------·--------·--··-·----------·----·--------· The Town ofMing's Bight is located on the northern tip of the Baie Verte Peninsula, twenty kilometres west of the regional centre of Baie Verte. It is linked by gravel road to Route 414, which is the main transportation link for communities on the Baie Verte Peninsula. 1.2 Economy The three resource sectors of mining, fishing, and forestry are the basic sources of employment for Ming's Bight. The fishery is the only sector that provides community based D D D 0 D 0 D 0 D D 0 D 0 0 Ming's Bight Municipal Plan Page3 Since economic conditions have a direct bearing on population growth, future population levels will mainly depend on the local and regional improvements in the economy. In this regard, the mining and fishing industries will likely be the determinant factors in shaping the future economy. Should the cod stocks return and the mining industry maintains its growth, then its population could range between 450 and 500 for the next ten year period. However, if the resource sector doesn't improve and the population trend for the past two decades continues, then Ming's Bight can expect its population levels to fluctuate between 425 and 450. 1.4 Housing The single detached dwelling is the predominant housing type in the community. A small mobile home subdivision in the centre of the community has eight mobile homes, and has the potential for further development. In 1996 there were 122 houses which is up from the 116 figure reported by Statistics Canada in 1991. However, this conflicts with Council's records which show that during the last five years there were 19 new housing constructed. This high number of housing startups during the last five years can be credited to the development of the new serviced subdivision, and to the number of young people who are choosing to remain in Ming's Bight. This rapid housing growth, especially in relation to its population, makes estimating future housing needs for Ming's Bight very difficult. It is probably unrealistic to expect this kind of growth to continue into the next decade, and a more reasonable projection for a community of this size and pop~!~~ion trends ~ould_be one or two housing]Q~_per y_e_ar_fur.a_maximum..of-tw.enty-lots--by-the year 2007. In either case, the residential subdivision that is already partially developed can be expanded to accommodate a minimum of another forty lots. The subdivision coupled with infilling opportunities should take care of Ming's Bight housing needs for the next ten year period. 1. 5 SociaVPublic Services - Ming's Bight has one elementary school, and all high school students are bussed to Baie Verte. D 0 0 D D 0 0 D 0 D 0 D D 0 D 0 Ming's Bight Municipal Plan Pages 2.0 FOREW ARD 2.1 The Municipal Plan PLANNING IN NEWFOUNDLAND 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. 2.2 Ministerial. Approval 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 seek the approval of the Minister of Municipal-and-Prnvincial AifaiTs-by-publlshilfg- a noticeYnffie~ewfounclfanaGazette-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 hear 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. 0 0 D 0 D D 0 D 0 D D 0 0 0 D 0 Ming- s Bight Municipal Plan Page? and may make such agreements with the owners of the land as will permit its acquisition and use for those purposes. The Development Scheme may also specify the manner in which 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. 2.5 Municipal Plan Administration When a Municipal Plan comes 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. Coun~ils 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 MUfticipal--Planning Area. ------------------- --------------- D D O- D 0 D 0 D D D D rr--- - D D D Ming's Bight Municipal Plan Page9 3.0 GOALS, OBJECTIVES; POLICIES 3.1 Goals: Goals are fonnulated in broad tenns and are derived from the values and desires held by the community. The following goals are therefore general expressions of the Council's intent for the future community with respect to matters under its jurisdiction or influence. - To provide for future growth in all categories ofland use. - To provide an orderly layout of the community for efficient development of land use and infrastructure. - To protect the sensitive quality, aesthetic and recreational values of the natural environment of the Planning area. 3.2 Objectives and Policies While goals are long tenn ambitions of Council, the objectives are short range steps in achieving those goals. The objectives are more specific and represent a basis for the development of th~_Munic_!pal Plan'~olicies. _______ ___ ___ ------------------------------------ The policies are statements expressing a course of action usually with respect to a particular land use class, and implement the concepts contained within the goals and objectives. For implementation of the policies and the land use classes, detailed standards and precise requirements are outlined in the Development Regulations. D D D D 0 D D D D D D 0 --- - D 0 Ming -s Bight Mllllicipal Plan Page 11 Policy This policy shall apply to-the Mixed Areas as shown on Future Land Use Mapll. All development, with the exception of Special Infill Lots, must have adequate road access and lot frontage on a public road. When non-residential uses are placed near residential uses, the residential use shall be protected from incompatible aspects of the non-residential development. This shall be done by providing adequate sideyards, separation, screening and buffering. Where municipal water and/or sewer services are provided, new development must be connected to these services before occupancy is pennitted. Where on site services are proposed, it must be demonstrated that the site has the capacity to bear such services over the long term without adverse or off-site impacts. The primary use shall be residential. Other uses of a commercial, public, light industrial, and open space type may be pennitted provided they do not create any nuisance to adjacent land uses. Council shall require adequate -·------·-··--··-----c,ff-street parking for eacifoevelopmenl.----··---···-·-------········- Council may also consider mineral workings and exploration in this designation. Home based businesses and developments compatible with the residential component may also be permitted at the discretion of Council. 0 D -0 D 0 0 D D D D D D D 0 D D Ming's Bight Municipal Plan Page 13 (c) Only single dwellings may be permitted. (d) Development does not prejudice the economical subdivision of adjacent lands. J.2.3 Residential Two sites are identified for future residential development. The first will be the continuation of the existing subdivision, which can support a minimum of another forty lots. This will be developed as the need arises. The second area is located east of South Brook. This site is reserved for long tenn development and quite possibly will not be developed within the life of this Municipal Plan. There are also infilling opportunities along the main and side roads. Objectives Policy To promote an environmentally safe and attractive housing supply. To accommodate the housing needs for the future population by providing a minimum of forty new building lots by the year 2007. All new development must front on a public road, and have appropriate frontage on that road. Where municipal water and sewer are provided. new development must be _ ·····-·-_______________ connec.ted.to..these.s~rvices by the time .o£.occupancy. Where--00--site-seFVie-es are proposed, it must be demonstrated that the site has the capacity to bear such services over the long term without adverse or off-site impacts. The primary use shall be residential. Uses related to neighbourhood convenience, home occupations. mineral exploration may also be permitted at Council's discretion. D D D D 0 D 0 0 0 D D D 0 D D D D D Ming's Bight Municipal Plan Page 15 3.2.5 Environmental Protection The watershed for the town's water supply is located west of the town, and is protected under the Department of Environment and Labour's legislation. Objectives Policy To provide for a safe and dependable water supply for Ming's Bight. To prevent pollution or harmful development in the municipal water supply area. This policy shall apply to the Environmental Protection designation shown on Future Land Use Map I. All proposals for development within the watershed must have approval of the Water Resources Division, Department of Environment and Labour. Future uses within this designation will be those related to the conservation of the water supply. Forestry uses and mineral exploration may also be permitted at the discretion of Council. 3.2. 6 Rural Resource ----l'he--Rw:al--Resow=ee-Elesignation includes----the remainder of the Planning area-th-at ts-not identified for mixed, residentia], or waste disposa] uses. These rura] areas are mainly used for domestic wood cutting and aggregate extraction. The land within this designation may be used for uses associated with forestry, agricu]ture, fishery, recreation, tourism, industrial, mineral workings and mineral exploration, cemeteries, and animal. D D D D D D D 0 D D D 0 1r------ o D D D D Ming's Bight Municipal Plan Page 17 4. MUNlCIPALPIA.NIMPLEMENTATION - 4.1 Introduction In order to enforce and implement the policies of the Municipal Plan, Land Use Zoning, Subdivision and Advertisement Regulations (referred to as Development Regulations) and a capital works program are required. The Regulations and capital works program must conform to Municipal Plan policies. 4.2 Development Regulations Development Regulations ensure that development takes place in accordance with the goals and objectives and the framework of the land use policies of the Municipal Plan. The manner in which the Regulations are drafted and the form in which they appear must comply with the requirements of the Urban and Rural Municipal Planning Act. Like the Municipal Plan, these Regulations are binding upon the Council and all other persons and organizations. The Development Regulations consist of five parts: General Regulations, General Development Standards, Advertisement Regulations, Subdivision of Land Regulations and Land Use Zones. The first four will be similar for all towns and communities in the province. However, the Land Use Zone section (Schedule C), is tailored to conform to the respective Municipal Plan of each municipality. ----------1. -Genera-I-Regulations------------------------------ --- -·--------------- . Among other things, the General Regulations govern matters relating to the power and authority of a municipality to regulate development within its Municipal Planning Area and establish conditions relating to the issuing of permits. D D D D D D D D D 0 D 0 u--- 0 D 0 0 0 Ming's Bight Municipal Plan Page 19 4.3 Development Control The Municipal Plan is a legal document which is binding upon all persons, groups, or organizations, including the municipal council. Before any land development can take place, an application must first be made to Council for permission. Development may take place only after Council has reviewed the application and granted approval. Anyone who fails to follow the required application process or who otherwise violates the Municipal Plan or 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. Day-to-day administration of both the Municipal Plan and Development Regulations are the responsibility of Council and its authorized staff members. It is the duty of authorized staff members to implement the Municipal Plan through the Development Regulations, refer development applications to outside agencies and to issue all required permits when approval is granted. An application to develop must be made on the proper application form prescribed by Council. All applications must show as accurately as possible the location of the site of proposed development and include a plot plan showing the location of existing and proposed buildings and structures on the proposed site. ---Gouneil-will--eonsider the -applieation--to-determine-whether--ornot-it confm ms with-tlle requirements of the Development Regulations and the policies of the Municipal Plan. If it conforms Council will 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 or 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 Council's decision be varied or reversed. D D D D D 0 D D D D 0 D 0 0 D D Ming's Bight Municipal Plan Page 21 Development Sclieme, land may be reservecl for sucn things as -public -roadways, residential subdivisions, schools, parks or open space. Development Schemes can also provide for the acquisition, subdivision, sale or lease of land and buildings by the municipality. They are prepared and adopted in a manner similar to the process of adopting a Municipal Plan and, when approved, form part of the Municipal Plan. --------------------------·--------------------- _------vT- j" I I ----~---'--- Future Land Use MAP 1 1111!111111 Waste Disposal ~ Environmental Protection j I Rural Resource _ - ..... Planning Area Boundary Date:1997-09-24 Grid t North Scale: 1 :50000 -: - · - _, .... -::- .,.· /