New Perlican, Newfoundland and Labrador
· adopted 2024-08-09
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CONTACT INFORMATION
Neil Dawe - President
PE
100 LeMarchant Road, St. John's, NL A1C 2H2
P. 709.738.2500 F. 709.738.2499
ndawe@tractconsulting .Gorn tractcansulting .com
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URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO APPROVE
TOWN OF NEW PERLICAN
MUNICIPAL PLAN, 2023-2033
Under the authority of Section 16, Section 17 and Section 18 of the Urban and Rural Planning Act 2000,
the Town Council of New Perlican:
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adopted the Municipal Plan, 2023-2033 for the Town of New Perlican on August 17, 2023;
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gave notice of the adoption of the Municipal Plan, 2023-2033 for the Town of New Perlican by
having the notice posted on Social Media: Facebook and Webpage; posted in town office,
community center, town bulletin board; e-mailed to 140 people; mailed 126 flyers; for the Public
Hearing of September 26, 2023 for the New Perlican Municipal Plan,2023-2033 and Municipal
Plan,2023-2033. The Town of New Perlican did not publish the Notice of Public Hearing in a
newspaper in the community because the 'Telegram' newspaper is not available in the
community as there are no stores in the town to buy paper, no paper carrier, and the stores in
two neighbouring towns do not carry the Telegram. Residents would have to drive 15 minutes to
buy a Telegram; as well, the Town of New Perlican is outside the circulation zone for 'The
Shoreline' publication;
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set the October 24, 2023 at Veteran's Memorial Hall at 7 p.m. for the holding of a public hearing
to consider objections and submissions.
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Town Council of
New Perlican approves the Municipal Plan, 2023-2033 as amended:
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the Municipal Plan Future Land Use Map is amended to
accommodate the request for Mr. Penney's land at the end of
Vitter's Cove Road to be redesignated from "Resource" to
"Residential'' (indicated by the gray arrow) and from "Resource"
to "Conservation"(indicated by the green arrow).
SIGNED AND SEALED this _l5_day of tda rc..b , 2024.
Mayor:
Town Clerk:
c£L;r L,£-
fon,t /u.,Gfl?°
Municipal Plan/Amendment
REGISTERED
Number 3 lf::35 ~ :J.D24-0oD
Date
31 j)} L--'f k.2-f
Signature Y::¼,idl'.-\,1,/( "'--'/
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(Council Seal)
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URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO ADOPT
TOWN OF NEW PERLICAN
MUNICIPAL PLAN, 2023-2033
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town Council of Town
of New Perlican adopts the Town of New Perlican Municipal Plan, 2023-2033.
Adopted by the Town Council of the Town of New Perlican on the August 17, 2024.
Signed and sealed this
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day of ti o.rc.b
, 2024
Mayor:
Town Clerk:
(Council Seal)
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that the attached Municipal Plan, 2023-2033 has been prepared in accordance with the
requirements of the Urban and Rural Planning Act, 2000.
Member, Canadian Institute of Planners (MCIP)
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TABLE OF CONTENTS
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1.0
INTRODUCTION .......................................................................................................... 1
1.1
Introduction to the Municipal Plan ............................................................................... 1
1.2
Authority ....................................................................................................................... 1
1.3
The Municipal Planning Process ................................................................................... 1
2.0 OBJECTIVES AND COMPLIANCE .................................................................................. 3
2.1
A SUSTAINABLE FRAMEWORK ...................................................................................... 3
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2.1.1 Community character ........................................................................................ 3
2.1.2 Economic sustainability ..................................................................................... 3
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2.1.3 Environmental sustainability ............................................................................. 4
2.1.4 Municipal governance ....................................................................................... 4
2.1.5 Municipal services ............................................................................................. 5
2.2
COMPLIANCE WITH FEDERAL AND PROVINCIAL LEGISLATION .................................... 5
2.2.1 Comprehensive Compliance .............................................................................. 5
2.2.2 Federal and Provincial Interests ........................................................................ 6
2.3.3 Land use overlays ............................................................................................ 13
3.0
LAND USE POLICIES .................................................................................................. 15
3.1
GENERAL LAND USE POLICIES AND INTERPRETATION ................................................ 15
3.1.1 General Land Use Policies ............................................................................... 15
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3.1.2 Interpretation: Land use designations ............................................................ 18
3.2
COMMERCIAL LAND USE POLICIES ............................................................................. 20
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3.2.1 Objectives ........................................................................................................ 20
3.2.2 Policies ............................................................................................................. 20
3.3
CONSERVATION LAND USE POLICIES .......................................................................... 20
3.3.1 Objectives ........................................................................................................ 21
3.3.2 General Policies ............................................................................................... 21
3.3.3 Environmental Protection Policies .................................................................. 21
3.3.4 Open Space, Parks and Trails Policies .................................................... : ........... 22
3.2.5 Protected Water Supply policies .................................................................... 22
3.4
RESIDENTIAL LAND USE POLICIES ............................................................................... 23
3.4.1 Objectives ........................................................................................................ 23
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3.4.2 General Residential Policies ............................................................................ 23
3.4.3 Residential-Serviced ........................................................................................ 24
3.4.4 Residential Rural .............................................................................................. 24
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3.4.5 Residential Subdivision Area ........................................................................... 24
3.4.8 Heritage Conservation ..................................................................................... 25
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3.4.9 Subdivisions ..................................................................................................... 25
3.6
PUBLIC/INSTITUTIONAL USE LAND USE POLICIES ....................................................... 27
3.7
RESOURCE LAND USE POLICIES ................................................................................... 27
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4.0
IMPLEMENTATION ................................................................................................... 29
4.1
DEVELOPMENT REGULATIONS ................................................................................... 29
4.2
AMENDMENTS TO THE MUNICIPAL PLAN .................................................................. 29
4.3
REVIEW OF THE MUNICIPAL PLAN .............................................................................. 30
APPENDIX A: FUTURE LAND USE MAP ............................................................................. 31
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1.0
INTRODUCTION
1.1
Introduction to the Municipal Plan
The purpose of the new Municipal Plan and Development Regulations is to enable the Town of
New Perlican to pursue sustainable choices to meet the needs of the Town for the next 10 years.
This Municipal Plan provides a policy framework to influence, manage, and regulate future
growth and change in the Town of New Perlican. These policies form the basis for the
Development Regulations.
1.2
Authority
The Municipal Plan and Development Regulations are legal documents created under the
authority of the Urban and Rural Planning Act, 2000. The policies and development
requirements contained in the documents and mapping are binding upon the Town Council,
residents and on any person undertaking a development within the Municipal Planning Area
boundary (Section 12 of the Urban and Rural Planning Act, 2000).
The Municipal Plan guides the future growth and physical improvement of the Town by
identifying locations and setting out policies for various types of land use development. These
locations are shown as land use designations on the Future Land Use map found in Appendix A.
The Municipal Plan authorizes Council to prevent the undertaking of any development that
contravenes a policy stated in the Municipal Plan or a requirement set out in the Development
Regulations.
The Urban and Rural Planning Act, 2000 requires the preparation of Development Regulations
to ensure that land is controlled and used in compliance with the Plan (Section 35). The
Development Regulations enable the Council to administer the policies of the Municipal Plan.
The Municipal Plan provides the basis for the Development Regulations which provide more
refined zoning within the land use designations indicating permitted and discretionary uses in
each zone, development standards and conditions, and criteria for the evaluation of subdivision
and development applications. The Future Land Use Map in Appendix A indicates the land use
designations corresponding to the land use policies set out in the Municipal Plan.
The Municipal Plan, 2022-2032 comes into legal effect upon publication of the notice of
registration in the Newfoundland and Labrador Gazette.
1.3
The Municipal Planning Process
The process for preparing a Municipal Plan and Development Regulations is set out in Part Ill of
the Urban and Rural Planning Act, 2000 (Sections 14 - 25) which must be undertaken by a
certified planner in good standing with the Canadian Institute of Planners.
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A Background Report for the Town of New Perlican was prepared to inform the preparation of a
new Municipal Plan and Development Regulations. The Background Report contains a review of
land use, development and infrastructure servicing issues and a socio-economic profile of the
Town of New Perlican. It provides the key findings of statistical research, community site visits
and discussions with the Town, Provincial agencies and with community representatives,
including public consultation.
The Municipal Plan and Development Regulations are prepared in consultation with Council,
Town staff and the public (as required by Section 14 of the Urban and Rural Planning Act, 2000).
Consultation takes the form of meetings with Council and municipal committees, meetings and
contact with identified stakeholders and the public during community site visits, and conducting
a community online survey. In particular, the residents and stakeholders in the Town were
invited to two formal public consultations throughout the planning process. In the first public
consultation, where applicable, the existing Municipal Plan, Development Regulations and Land
Use zoning maps are made available for public viewing. For the second public consultation, the
draft Municipal Plan and Development Regulations and mapping are made available. These are
made available at the Town office in paper form and the posters and notices indicated that
interested parties can contact the Town by email or telephone to receive electronic copies of
the documents and maps which are then provided in PDF form.
Upon completion of the review and consultation phases, the draft planning documents and
mapping are required to be submitted to the Provincial government for (under Section 15 of the
Urban and Rural Planning Act, 2000) review.
Upon completion of the provincial review, Council adopts the released planning documents and
mapping and arranges a further opportunity for public input through a formal Public Hearing
chaired by a qualified Commissioner, as required by Section 16-25 of the Urban and Rural
Planning Act, 2000. The Commissioner is appointed by Council to consider objections and
representations from the public, either opposing or in favour of the Municipal Plan and
Development Regulations. The Commissioner formally reports his or her findings to Council.
Council may adopt the Commissioner report in whole, in part or reject the report in its entirety.
Council approves (by Resolution at a Regular meeting of Council) the Municipal Plan and
Development Regulations and associated mapping and submits them for registration (under
Section 23 and 24 of the Urban and Rural Planning Act, 2000). Upon registration, the Council
arranges for a notice to be published in the Newfoundland and Labrador Gazette which
becomes the date of legal effect. A notice must also be published in a local newspaper to inform
the public.
Amendments can be made the Municipal Plan and Development Regulations at any time.
Amendments must follow the procedure (sections 14-25) set out in the Urban and Rural
Planning Act, 2000 (section 25). A Resolution of Council alone cannot amend (or circumvent) a
requirement contained in the Municipal Plan or Development Regulations.
The Municipal Plan and Development Regulations must address the development of the
Municipal Planning area for a 10-year period. The Municipal Plan must be reviewed every five
years (section 28 of the Urban and Rural Planning Act, 2000) for a 10 year period.
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2.0 OBJECTIVES AND COMPLIANCE
The following sections outline objectives of the Municipal Plan that apply throughout the Town
of New Perlican Municipal Planning area (as required by Section 13 (2) of the Urban and Rural
Planning Act, 2000}.
2.1
A SUSTAINABLE FRAMEWORK
The objectives of the Municipal Plan provide a sustainable framework for the land use and
development policies set out in this Municipal Plan. The Municipal Plan policies provide the
authority for the Development Regulations. Everything set out in the Development Regulations
must be in accordance with the Municipal Plan.
The following objectives articulate the aspirations and needs of the residents of the Town of
New Perlican and provide the foundation for the land use policies in Chapter 3.
2.1.1
Community character
The objectives for community character include:
1. To provide a healthy, pleasant and safe living and working environment in New Perlican;
2. To encourage future growth in a manner that protects land use compatibility, and allows for
orderly and attractive development;
3. To prohibit development or alterations to a lot which will adversely affect adjacent
property;
4. To preserve the rural character of the community including the natural assets such as the
hills, shorefront and beaches, and waterbodies, recognizing their value to residents and
visitors and the preservation of the rural character of the Town.
5. To preserve the heritage values and historical character of the community including the
heritage buildings, sites and harbourfront, recognizing their value to residents and visitors.
2.1.2
Economic sustainability
The objectives for economic sustainability include:
1. To make land available for employment-generating activities, such as, commercial
development opportunities. Land uses and development regulations should enable tourism-
related initiatives so that new businesses will be attracted to New Perlican;
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2. To encourage home-based businesses by including provisions in the Development
Regulations regarding home business that will help residents augment their personal
income;
3. To provide development conditions to ensure compatibility of non-residential and
residential development in a Town with of the size and geography of New Perlican;
4. To support existing businesses through land use regulations that enable continued
operation at the current locations and enable future potential expansion;
2.1.3
Environmental sustainability
The objectives for environmentally sustainability include:
1. To manage and enhance the natural environment for its aesthetic, recreational, and
resource values, including waterbodies, wetlands, beaches, and wildlife and fish habitats;
2.
To protect environmentally sensitive or hazardous areas, including wetlands, shorelines,
beaches, steep slopes and areas prone to landslides or erosion, by identifying restrictions on
development;
3. To manage the municipalities natural resources, such as forestry, mineral resources, and
agricultural lands, and to promote the sustainable development of these resources;
4. To enable the use of alternative renewable energy sources with appropriate development
regulations that ensure land use compatibility.
2.1.4 Municipal governance
The objectives for sustainable municipal governance include:
1. To provide municipal administration and services effectively, efficiently, and equitably to all
residents, in a transparent manner that facilitates timely decision-making, and is conducted
within the fiscal capacity of the Town;
2.
To collaborate with other municipalities in the region, government and community
organizations, and the business community to facilitate opportunities to improve local
governance and municipal services.
3. To ensure the Town is governed in compliance with relevant legislation such as the
Municipalities Act, 1999 and the Urban and Rural Planning Act, 2000, including a regular
review of Municipal Plan and Development Regulations
4.
Strive to provide the quality-of-life amenities and infrastructure services to promote a
vibrant economy and secure future for the community.
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2.1.5
Municipal services
The objectives for providing sustainable municipal services include:
1. · For the Town to require that municipal services are provided at environmentally acceptable
standards by the Provincial Government, including meet the standards of the Digital
Government and Service NL, Municipal Infrastructure Division, and the Water Resources
Management Division;
2. To ensure the economic use of municipal services;
3. To reserve land for local road access to backlands that provide opportunity to meet future
development needs of the community.
4. To ensure that municipal services and utilities, such as telecommunications, pollution
control and electric utilities, are permitted uses in all use designations, provided no adverse
effect on adjacent land uses is created. In this regard, the size and appearance of such works
must be in keeping with adjacent uses and provision shall be made for buffering in the form
of landscaped areas between uses.
2.2
COMPLIANCE WITH FEDERAL AND PROVINCIAL LEGISLATION
2.2.1
Comprehensive Compliance
Even though an applicant may receive a municipal development permit, the applicant is
responsible for ensuring compliance with all relevant federal and provincial legislation,
regulations, policies, and guidelines prior to commencing a land use or development approved
under these Development Regulations.
Notwithstanding the above comprehensive compliance requirement, the Federal and Provincial
Government requirements from the Interdepartmental Land Use Committee #1819 (ILUC)
report and from information obtained from the provincial government Land Use Atlas are set
out in 2.2.2. Provincial Interests set out as referral overlays are listed in section 2.2.3 below, and
mapped on the Future Land Use map and the Land Use Zoning map.
Council may require proof of compliance prior to approval.
All requirements set out by the Town as conditions to approval of the permit must be
undertaken by the applicant. The applicant is also responsible for ensuring compliance with all
other Town regulations.
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2.2.2
Federal and Provincial Interests
IT IS THE POLICY OF COUNCIL TO:
Climate Change Division
1) Take into consideration available data regarding provincial climate change projections for St.
John's (nearest regional site) when considering land for future developments that are in
close proximity to a river, floodplain or coastline. These projections suggest that extreme
precipitation events will become more intense, by about 22-23%. Climate change is
expected to result in more precipitation and more frequent extreme weather events that
may result in increased flooding, sea surge and coastal erosion. These factors will be
considered when allocating land for future developments that are in close proximity to a
river, floodplain or coastline;
2) New developments in the Town must comply with the energy efficiency requirements of
s.9.36 of the National Building Code for new buildings.
Digital Go~ernment and Service NL
3) Require compliance with Service NL requirements, before issuing approvals; these include,
but are not limited to: on-site services, highway signs; electrical permits; building
accessibility; access to highways; tanning salon and/or Personal services establishment;
Food establishment license; public markets/farmer's markets; meat plant; pool; wastewater
or water system approval; tobacco sales; water supply testing; cemetery; waste
management; fuel storage and handling; asphalt, boiler; pressure vessel and compressed
gas installation. The Development Regulations will provide greater detail on: on-site
services, highway signs; building accessibility; access to highways;
Forestry and Wildlife Division
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Fisheries
4) Take in to consideration the Fisheries, Forestry and Agricultures Sustainable Fisheries and
Oceans Policy Division (SFOP) as follows:
5) to protect coastal areas from future developments that have the potential to impact the
health of surrounding marine habitat by conserving coastal areas in order to protect
important coastal habitat and preserve it for future generations. This coastal marine habitat
supports numerous marine species and provides critical nursery areas for many fish species
which, in turn, supports the sustainability of commercial fisheries in our province. Many
municipalities in the province have already incorporated coastal conservation measures into
their long-term planning processes;
6) To consider uses in the buffer area of a watercourses according to those allowed by the
Water Resources Management Division of the Department of Environment and Climate
Change, and where applicable, the Government Service Centre of the Department of
Government Services and Lands for Crown Lands;
7) Consult with the federal department of Fisheries and Oceans Canada when installing coastal
infrastructure and in relation to the control and prevention of aquatic invasive species. This
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may require registration with federal/ provincial environmental assessment processes
when considering building coastal and marine infrastructure, though this is project specific;
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Forestry
8) Accommodate the interests of the Forest Service by:
a.
Permitting domestic harvesting areas in the Rural zone.
b.
Ensuring that forestry activities including harvesting, road building and silviculture, are
allowed in the Rural zone and consistent as set out in the 5-Year Forest Management
Plan as prepared by the Forest Service in consultation with the Town of New Perlican;
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Wildlife
9) Accommodate the interests of the Wildlife Branch by:
a.
Protecting general wildlife habitat and landscape connectivity protection for
applications in the vicinity of waterbodies, by applying the following development
standards, as practicable:
i.
a riparian buffer of 30 m minimum undisturbed natural vegetated along
wetlands and waterbodies (ponds, rivers, creeks etc.) or more for riparian areas
near agricultural areas;
ii.
green belts connected to forested areas or other habitat patches to create
wildlife travel corridors;
iii.
indicate a minimum percentage of forests to be maintained during lot clearing;
iv.
Controlling vegetation clearing to be done outside the May 01 to July 31 period,
to minimize disturbance during that sensitive breeding/ young rearing,
whenever possible;
Surveys & Mapping Division
10) Protect Control Survey markers as identified by the GIS & Mapping Division. Council must
ensure that these are not disturbed by development. Council will inform the Surveys and
Mapping Division when a proposed development is proposed in the vicinity of a Survey
Control Monument. There are 10 monuments in the Municipal Planning Area as shown on
the Future Land Use and Land Use Zoning maps;
Land Resources Stewardship Division
11) Allow for agriculture and related uses in the Rural zone;
12) Protect the Blueberry Management Area-Unit #8 by referring development applications to
the Land Resources Stewardship Division;
13) Include development conditions to ensure compatibility with adjacent non-agricultural uses;
Local Governance and Land Use Planning Division
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Heritage:
14) Protect buildings and sites designated under Section 414 (dd) of the Municipalities Act, 1999
according to the requirements of Section 200 where:
(1) A building, structure or land designated by a council as a heritage building, structure or
land shall not be demolished or built upon nor the exterior of the building or structure
altered, except under a written permit of the council specifically authorizing the alteration
and in accordance with the terms and conditions of the permit.
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(2)A council may establish a heritage advisory committee to advise the council on
regulations made with respect to heritage buildings, structures and lands and the
preservation of the real property designated under that s~ction.
Mineral Lands Division
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Definitions
15) Incorporate the definitions provided by the Mineral Lands Division for Mineral Exploration,
Mineral Working, and Mining into the Development Regulations;
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Geological Hazards
16) Reduce the risk of inundation related to sea level rise by restricting development to areas at
least 4 metre above the high tide mark, and at least 30 metre inland from the edge of
coastal cliffs, banks, and waterways;
17) Require that proposed development on steep slopes (>15%) should be evaluated by a
qualified professional to assess the risk for slope movements (e.g., landslide, rockfall),
particularly in areas of thick till or other unconsolidated materials;
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Mineral Exploration, Mineral Working, and zoning
18) Indicate that Mineral exploration that is not a development is allowed as a permitted use in
all zones and that Mineral exploration that is a development is indicated as a discretionary
use; and development requirements regarding potential mining should be incorporated into
the regulations;
19) Mineral working will be a permitted use in areas zoned 'Rural';
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Mineral Working Separation Distances
20) Mineral working may be permitted closer than the minimum separation distance or buffer
specified in the Development Regulations, where the municipal authority is satisfied that
the mineral working will not adversely affect the specified adjacent use or natural feature.
By allowing the municipality to waive pre-set separation distances where it is satisfied there
will be no adverse effect provides for greater flexibility in selecting sites where mineral
workings may be permitted;
21) Where a minimum required distance was originally observed when choosing the location of
a mineral working, the mineral working shall not be discontinued or impeded where the
separation distance or buffer is reduced to less than the required distance due to
encroachment of development or zoning boundaries towards the mineral working site;
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Quarries
22) For existing and future quarry sites, set out measures to avoid residential development near
the areas identified with aggregate potential by the Mines Branch and implement the 300
metre quarry referral buffer to prevent conflict between incompatible uses. The referral
buffer allows the Town and the Mineral Lands Division to work together to ensure that
development can co-exist without impeding access to a valuable natural resource;
23) Ensure that areas of recognized aggregate resource potential near New Perlican Pond and
Beaver Pond as identified by the Mines Branch are included in the Rural zone as much as
practicable considering existing built-up development and existing Town investment in
tourism and trail development;
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Removal of Quarry materials, site grading, soil deposit
24) Incorporate the following requirements into the Development Regulations:
a.
No development permit for removal or deposit of soil, or the excavation and
removal of excavated material or grading is required if it is part of an approved
development project or affects less than 125 m3 of soil, sand, gravel, rock or other
substance down to and including bedrock. All other cut or fill work, excavation and
removal and deposit of material or grading requires a development permit under
these Development Regulations.
b.
Removal or deposit of soil, topsoil, sods, or the excavation and removal of excavated
material or grading requiring a development permit, provided the work is based on
a grading plan, will result in an improved site for uses permitted in the Zone where it
is located and it must meet the following conditions:
i.
land intended for the activity or grading has a slope of less than 25%;
ii.
resulting slopes are stable and without hazards;
iii.
when the work is completed, the area affected shall be covered with topsoil and
other necessary material for vigorous plant growth and planted with
appropriate vegetation;
iv.
drainage must be provided to the satisfaction of Council and will be designed so
as not to impair existing surface drainage nor to create erosion either on the site
or on adjacent sites.
c.
Restrict development in environmentally sensitive areas such as steep slopes and
areas prone to landslides and rockfall;
d.
For approved developments where the extraction of quarry materials is occurring or
may be expected occur, the Town will send a copy of the development permit to the
Quarry Materials Section, Mineral Lands Division, at [email protected]. Note that
quarry materials include but are not limited to aggregate, fill, rock, stone, gravel,
sand, clay, borrow material, topsoil, overburden, subsoil, peat. It is important that
the Mineral Lands Division have the documentation necessary to distinguish
excavation associated with an approved development from excavation that
constitutes quarrying; possessing development permits for developments which
may involve excavation will assist greatly in making this distinction.
National Building Code
25) The National Building Code, and associated codes, such as the Plumbing Code, the Fire
Code, the Electrical Code, the Life Safety Code, and any other ancillary code and other
municipal regulations or bylaws regulating or controlling the development,
conservation, and use of land shall, under these Development Regulations apply to the
entire Municipal Planning Area.
Transportation and Infrastructure (Department)
26) Restrict development within 20 metres from the centre line of the highway, as per the as
per Section 6 of the Works, Services and Transportation Act, 1995.
Water Resources Management Division
27) Include the following requirements in the Development Regulations:
a.
Protect rivers, streams, ponds, wetlands, riparian areas, and shorelines by ensuring
conformance with requirements of the Water Resources Management Division of
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the Provincial government under the Water Resources Act, 2002 and the
Environmental Protection Act, 2002 including Policy Directives:
i. W.R.91-1-lnfilling Bodies of Water,
ii. W.R. 95-01-Land and Water Developments (Public water supplies)
iii. W.R. 96-1-Flood Plain Management
iv. W.R. 97-1-Development in Shore Water Zones
v. W.R. 97-2-Development in Wetlands
vi. Guidelines for the Construction and Maintenance of Wharves,
Breakwaters, Slipways and Boathouses;
b.
A Section 48 permit under the Water Resources Act 2002 administered by the
Water Resource Management Division of the Department of Environment and
Climate Change, and compliance with departmental policy is required, for:
i.
Any infilling work within 15 metres of a body of water; and,
ii.
Any work in Shore Water zones ("Shore Water Zone" means the land that is
intermittently occupied by water as a result of the naturally fluctuating surface
water level in a body of water which can be either a fresh or salt water body
and, in either case, the low water mark and high-water mark of the water body
defining the edges of the shore water zone);
iii.
Note that for a wharf/boathouse/slipway/breakwater a Section 48 permit is
only required for any infilling or dredging work associated with these structures
and otherwise these structures must follow the guidelines for the 'Construction
and Maintenance of Wharves, Breakwaters, Slipways and Boathouses' as
published by the Water Resources Management Division;
c.
A Non-Domestic Water Use Permit from the Water Resource Management Division
of the Department of Environment and Climate Change is required before
construction and for all existing, new or planned water use from any water source;
d.
On-site sewerage disposal systems are prohibited within 30 metres from a
waterbody or watercourse;
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Pollution Prevention
28) Ensure that applicants are aware that development must be compliant with Environmental
Protection Act, 2002 (EPA) and the Water Resources Act, 2002 (WRA) and their regulations
as listed below. For further information on all these requirements, the applicant shall
contact the Regional Office of the Government Service Centre or the specific contact
provided by the Department as set out below:
a. Environmental Protection Act, 2002, Part IV - Waste Disposal and Litter:
i.
Waste receptacles shall be installed at all active areas for use by workers.
ii.
All waste material shall be considered, prior to disposal, for reuse, resale or
recycling.
iii.
Waste materials not reused, resold or recycled, shall be disposed at an
approved waste disposal site, provided the owner/operator is willing to accept
such waste and the local Service Newfoundland and Labrador (SNL) has agreed
with the disposal of the waste materials at the site.
b. Environmental Protection Act, 2002, Part VI -Air Quality Management:
i.
All activities associated with this proposal are subject to Air Pollution Control
Regulations, 2004,.
ii.
Schedule E of the regulations prohibits the open burning of tires; plastics;
treated lumber; asphalt and asphalt products; drywall; demolition waste;
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hazardous waste; biomedical waste; domestic waste; trash, garbage, or other
waste from commercial, industrial or municipal operations; manure; rubber; tar
paper; railway ties; paint and paint products; fuel and lubricant containers; used
oil; animal cadavers; hazardous substances; materials disposed of as part of the
removal or decontamination of equipment, buildings or other structures.
c.
Environmental Protection Act, 2002, Part D - Pesticides:
i.
All pesticide purchase, storage, and use is subject to compliance with the
Pesticides Control Regulations, 2012,
http://assembly.nl.ca/Leqislation/sr/requ1ations/rc120026.htm.
ii.
The regulations stipulate that an applicator must be licensed for the class of
pesticide which is intended to be applied. Also, the-regulations-stipulate-that an
operator cannot purchase pesticides without the appropriate license(s).
iii.
If the use of a pesticide(s) is required (e.g. for the control of insects, diseases,
weeds, vegetation), the Pesticides Control Section of the Department must be
notified.
d. Environmental Protection Act, 2002, Storage and Handling of Gasoline and
Associated Products Regulations:
i.
Petroleum storage and handling, associated with construction and operation of
this project/facility, shall be in compliance with the Storage and Handling of
Gasoline and Associated Products Regulations, 2003, as amended;
ii.
All petroleum storage tanks shall be registered with Service NL in accordance
with the GAP Regulations and all leaks/spills must be reported to the 24-Hour
Environmental Emergency spill Line;
iii.
Oils, greases, diesel, gasoline, hydraulic and transmission fluids should be stored
at least 100 metres from any body of water. Re-fueling and maintenance
activities should also occur at least 100 metres from any body of water and on
level terrain.
i.
An environmental emergency contingency plan must be developed for all
storage tank systems. This plan details information regarding the location of spill
response equipment and a trained contractor, in the event of a spill.
e.
Environmental Protection Act, 2002 - Used Oil Control Regulations:
i.
Waste oils and used lubricating oil shall be retained in a tank or closed
container, and disposed of by a company licensed for handling and disposing of
used oil products.
f.
Environmental Protection Act, 2002 - Halocarbon Regulations:
i.
Any use of regulated substances, for example in fire suppression systems,
associated with the proposed activity is subject to the Halocarbon Regulations;
g.
Water Resources Act, 2002 - Environmental Control Water and Sewage
Regulations:
i.
All waters discharged from the proposed site, during construction and
operation, are subject to compliance with the Environmental Control Water and
Sewage Regulations, 2003;
ii.
Should compliance monitoring be necessary, it will be subject to the
departmental Accredited Laboratory Policy, PD:PP2001-0l.2
Provincial Archaeology Office
29) Include the following requirements in the Development Regulations:
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a.
The Historic Resources Act, 1990 requires that, if an archaeological site or artefact is
discovered during development of a property, the development shall stop and Council
will consult with the Provincial Archaeology Office. Development shall not proceed until
the Provincial Archaeology Office has evaluated the site or authorized the development
to proceed.
b.
Before approval is granted for a major development such as a subdivision or a new
commercial or public building, the application must be referred to the Provincial
Archaeology Office for comments.
c.
Any accidental discoveries of historic resources shall also be reported by the Town to
the Provincial Archaeology Office.
National Codes and Regulations
30) Adopt the following Codes in the Development Regulations: The National Building Code, and
associated codes, such as the Plumbing Code, the Fire Code, the Electrical Code, the Life
Safety Code, and any other ancillary code and other municipal regulations or bylaws
regulating or controlling the development, conservation, and use of land shall, under these
Development Regulations apply to the entire Municipal Planning Area. Compliance with
these codes is the responsibility of the property owner.
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2.3.3 Land use overlays
The provincial interests referenced in the Interdepartmental Land Use Committee report ILUC
#1819 and those that are mapped on the provincial Land Use Atlas are shown as 'overlays' on
the Future Land Use Map of the Municipal Plan and the Land Use Zoning map of the
Development Regulations. As well, local interest overlays are shown for Protected Local Road
access and Trails. They are listed below including referral and protection requirements:
1) Dump Site Buffer: The Town will refer applications located within the 'Dump Site Referral
Buffer' and Council to the Department of Digital Government and Service NL for review and
comment as part of the prior to making a decision to approve/reject/defer.
2) Heritage Sites: The Town Heritage sites which are designated under Section 414 {dd) of the
Municipalities Act, 1999 will be protected by measures set out in the Development
Regulations. Sites that have been designated as of the date of the preparation of these
Development Regulations are shown as a numbered locations on the Future Land Use and
Land Use Zoning maps. As future sites are designated, they will be protected accordingly.
Town of New Perlican Designated Heritage Sites
1. Anderson's Shed Municipal Heritage Site
2.
Bloody Point Municipal Heritage Site
3.
Burrage's Stage Municipal Heritage Site
4.
Harry's Brook Municipal Heritage site
5. Jane Condon's Grave Municipal Heritage Site
6. Jean's Head Lighthouse Site Municipal Heritage Site
7.
Peter's Finger Municipal Heritage Site
8.
Pinsent's Lane Municipal Heritage Site
9.
Sittin' Rock Municipal Heritage Site
10. St. Mark's Anglican Cemetery Municipal Heritage Site
11. St. Matthew's United Church Southside Cemetery Municipal Heritage Site
12. The Hole Municipal Heritage Site
13. The Liberal Rock Municipal Heritage Site
14. Vitter's Cove Beach Municipal Heritage Site
15. Waterloo Loyal Orange Lodge No. 18 Municipal Heritage Site
A-Bloody Point Burial site
B-Hefford Plantation Burial Site Municipal Heritage Site by Heritage NL
In addition, the Bloody Point 2 Burial Site which is currently under active excavation by researchers
from Memorial University is also identified as an overlay on the Future Land Use map and the Land
Use Zoning map. A development buffer of 10 metres is required;
3) Protected Road Building Control Line (along provincial highway Route 80): An applicant
wishing to develop within the Building Control Line must have a permit from the Town and
must also apply for a Development Permit under the Protected Road Zoning Regulations,
1996 administered by Digital Services and Service NL; The municipal zone applies for land
use purposes within the Building Control lines and not the zones outlined in the Trinity
South Highway Protected Road Plan.
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4) Highway Sign Control Line: According to the Highway Sign Regulations, 1999, a referral to
Digital Government and Service NL are required along the provincial highway (Route 80)
with in the 100 metre control line on either side of the highway.
The Town may obtain an exemption from the regulations where the speed limit is less than
60 km/hour where the Town demonstrates that it has adequate policy guidance and
regulatory controls (including enforcement) to administer its sign regulations.
S) Blueberry Management Area: Any applications within the Blueberry Management Area
must be referred to the Land Resources Stewardship Division for review and comment;
6) Mineral Working buffer: Any applications for development within the 300-metre radius
must be referred to the Mineral Lands Division;
7) Protected Local Road Access: These are black arrows shown on the Land Use Zoning map to
indicate locations where the Town may wish to protect access to the backlands for future
development.
8) Survey Control Monuments: If development or work within the Town has the potential of
disturbing an existing Survey Control Survey Markers, the GIS and Mapping Division is
required to be contacted.
9) Trails: In addition, the following trails, Tote Trail, Peter's Finger Trail, Jean's Head Trail and
D'lbreville Trail have been identified in Future Land Use zoning map of the Municipal Plan
and the Land Use Zoning map of the Development Regulations. These trails require a
minimum of a 15-metre buffer from any proposed development activities.
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3.0
LAND USE POLICIES
3.1
GENERAL LAND USE POLICIES AND INTERPRETATION
3.1.1
General Land Use Policies
The following policies apply throughout the New Perlican Municipal Planning area (Section 13
(2) 2) of the Urban and Rural Planning Act, 2000.
IT IS COUNCIL POLICY TO:
Administration of the regulations
1) Establish a transparent application review process that enables Council to comprehensively
evaluate proposed development, involve the public where appropriate, and consider
alternatives during the review process of development proposals. The regulations will
address: when a permit is required, the obligations of the applicant and the Town in the
application process;
2) Include options in the Development Regulations for when a proposal doesn't fit the
development standards or zoning use table, including: variances, nonconforming use, and
the amendment process for the Municipal Plan and/or Development Regulations;
3) Set out special conditions for development in the Development Regulations such as Planned
unit developments, Development Agreements, Planning Impact Analysis, Financial
Guarantees by Developers, Service levies, Required land for Public Works, Required Land for
Park/Public Use in Subdivisions and Restoration of Land;
4) Set out provisions regarding the authorities of Council for the delegation of authority
(section 109 of the Urban and Rural Planning Act, 2000), right of entry (Section 105 of the
Urban and Rural Planning Act, 2000), and enforcement authority (Section 103 of the Urban
and Rural Planning Act, 2000, and issuance of stop work orders.
5) Set out the application decision-making process in the Development Regulations including,
but not limited to, the decision-making authority of Council, including premature
development, timely decision-making, written reasons for refusal, and the responsibility to
inform applicants of the appeal process;
6) Provide for planned unit development in the Development Regulations which could be a
residential, commercial, or industrial development containing one more single or individual
developments (i.e., condominium or townhouses which can be sold as separate units or a
shopping complex containing separate retail units which are leased as individual spaces).
The comprehensive planned development may be treated as a single development where
services are to be provided and maintained privately and internally. It must have frontage
on a public road and meet the Town standards for roads and servicing. The uses must
conform with the permitted or discretionary uses in the relevant use zone and the
Development Regulations must specify development requirements for a Planned Unit
development application( including zero lot line).
7) Specify requirements for a Planned Unit development application;
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Existing Non-Conforming Use
8) Nothing in the Municipal Plan shall affect the continuation of a use which legally existed or
development that was legally non-conforming on the day that this Municipal Plan is
registered by the Minister of Municipal and Provincial Affairs except as outlined in Section
108 of the Urban and Rural Planning Act, 2000 regarding discontinuance and resumption of
use, alterations, repair; The Town can establish a timeline for duration of discontinuance
before the 'existing legally con-conforming' status is expired (Section 108 (2) of the Urban
and Rural Planning act, 2000);
9) Ensure that the Development Regulations contain provisions regarding lot size integrity,
unsubdivided land, lot to front on to a public street, building lines and setbacks, flanking or
corner lots, side yards, multiple uses on one lot, outdoor storage, civic numbering, and
building design and town character.
Access to streets, Parking, and Off-Street Loading
10) Set out standards in the Development Regulations regarding access points to the public
street in terms of number, location, and design in order to keep the street safe and efficient
for both vehicles and pedestrians.
11) Ensure that the local transportation system adequately and safely provides access to meet
the needs of residents and businesses;
12) Include requirements for adequate off-street parking and loading facilities shall be set out in
the Development Regulations;
Storm Water Management
13) Ensure that the Development Regulations contain provisions storm water management and
surface drainage to protect adjacent properties, wetlands and waterbodies, with relevant
referrals to the Water Resources Management Division and consideration of green
approaches, where practicable.
Lot to Front onto a Publicly Maintained Road
14) Require that all individual lots shall front onto a publicly maintained road (Federal, Provincial
or Municipal) and have independent, approved access. Exceptions include: (1) a lot within a
Planned Unit Development where there may be an internal road plan (which will be set out
in the Development Regulations); however, the PUB must front onto a publicly maintained
road; and (2) natural resource uses and associated industries, i.e., agriculture, forestry,
mineral working, etc.; The front wall of a dwelling shall face the street on which it is located
and shall have a civic number easily visible for fire and emergency services.
Future Development
15) Allocate land for future development on the basis of its best use considering its physical
characteristics and location;
16) Ensure that new development makes efficient use of existing roads and infrastructure and
does not place an unsustainable maintenance burden on the Town;
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17) Provide requirements for the subdivision of land and the standards of development,
including a Subdivision Agreement, in the Development Regulations in order to achieve
compliance with the policies of the Municipal Plan;
Require Land Conveyed for Public Work Purpose
18) For a development not involving a subdivision, require such quantity of land to be conveyed
as required to facilitate the public works where public works are required to accommodate
the proposed development.
Land for Park/Public Use in Subdivisions
19) Implement Section 37 of the Urban and Rural Planning Act, 2000 which allows Council to be
able to require up to 10% of the subdivision or land to be developed shall be dedicated to
the Town as public open space. Council may accept from the developer in lieu of such area
of land, payment of a sum of money equal to the market value of the land which would
otherwise be required to be dedicated.
Signs
20) Include standards and conditions in the Development Regulations pertaining to the design
and location of signs and advertisements including the Provincial Highway Sign Regulations,
1996 (under the Urban and Rural Planning Act, 2000);
Cost/Benefit analysis for development proposals
21) In considering proposals for development, Council will assess the costs and benefits to the
Town: maximize efficient use of municipal infrastructure and minimize the fiscal impact of
ongoing operations and maintenance;
22) Refuse development that is premature, or that adds unnecessary financial burden to the
Town where public costs exceed public benefits;
Recreational Vehicles (RV)
23) Allow RVs to be parked permanently on serviced lots that do not meet the minimum lot size
for serviced dwellings in the Heritage Conservation, Residential-Serviced, Residential Rural,
and Mixed Development zones as follows:
a.
that RVs be allowed to hook up to municipal water and sewer services;
b. that the Town will charge taxes for the provision of municipal services;
24) For RVs on any lot, the following requirements shall apply:
a.
Must comply with site development standards and policy 28 regarding multiple
uses on one lot;
b.
In particular:
11 Multiple use may not be permitted where the Authority
determines that the proposed use would not be compatible with existing uses
on or adjacent to the lot by reason of safety, amenity, appearance, or nuisance.
II
c.
Must be located 2.4 metres from any building and 3 metres from the nearest
part of a residential structure;
d. Cannot be located in front of the building line on the lot;
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Multiple uses on one lot
25) Set out standards for situations where there are multiple uses on one lot.
Protected Local Road Access
26) Protect locations where the Town needs to ensure access to the backlands for future
development These are black arrows shown on the Future Land Use map of the Municipal
Plan and the Land Use Zoning map of the Development Regulations and indicate the general
location for future road access ..
Trails
27) Require a minimum of a 15-metre buffer on Town designated trails between the trail and
any proposed development activities. The following trails, Tote Trail, Peter's Finger Trail, Jean's
Head Trail and D'lbreville Trail have been identified in Future Land Use zoning map of the
Municipal Plan and the Land Use Zoning map of the Development Regulations as designated
Town trails where this protection will apply.
3.1.2
Interpretation: Land use designations
In accordance with Section 13 (2) (c) of the Urban and Rural Planning Act, 2000, the land in the
Municipal Planning Area of the Town of New Perlican is divided into land use classes.
IT IS THE POLICY OF COUNCIL TO:
Establish Future Land Use designations
1) Within each land use class, establish Future Land Use designations which will be mapped on
the Future Land Use Map (see Appendix for Future Land Use mapping);
2) Within each land use designation, this Municipal Plan will enable the land use zones that will
implement the policies set out in the Municipal Plan. This hierarchy is illustrated on the
following table:
LAND USE DESIGNATIONS
LAND USE ZONES
LAND USE CLASSES
Future Land Use (FLU)
(LUZ)
- COMMERCIAL
Commercial
1. Mixed Development
2. Environmental Protection
-
CONSERVATION
Conservation
3. Open Space, Parks & Trails
4. Protected Water Supply
- PUBLIC/INSTITUTIONAL
Publlc/lnstltutlonal
s . Town Centre
6. Heritage Conservation
- RESIDENTIAL
7. Residential-Serviced
Residential
8. Residential Rural
9 . Residential Subdivision Area
- RURAL
Resource
. · 10. Resource
3) Within the Future Land use designations, set out Land Use zones in the Development
Regulations which will set out the permitted, discretionary land uses for each zone;
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Permitted Uses
4) Set out permitted uses in each zone and that can be approved, with or without conditions;
any decision of Council is subject to section 3.1.1.(S);
Discretionary Uses
5) Set out discretionary uses in each zone where Council determines that:
a.
the use may negatively affect the predominant uses of the zone and that in order to
mitigate this impact, it is desirable to consult with the public and possible affected
parties prior to issuing (with or without conditions) or refusing a permit; and/or,
b. it is necessary to attach conditions to an approval that differ from the standard
conditions under the Development Regulations to ensure that the discretionary use
is compatible with nearby uses and the predominant uses of the zone;
6) Indicate the following considerations when accepting or refusing a discretionary use and
attaching conditions to a discretionary use:
a.
whether these is appropriate for the site and the immediate surrounding area;
b. the policies of the Municipal Plan as it pertains to the Town in general and as they
pertain to the designation show shown on the Future Land Use Maps in which the
use is located.
Uses permitted in All Designations and Zones
7) Set out the uses that are permitted in all land use designations and zones which will include:
a.
conservation uses (environmental protection and open space, parks and trails);
b.
mineral exploration that is not a development (as defined under the Urban and
Rural Planning Act, 2000);
c.
public utilities and municipal services;
d. wharf/boathouse/slipways/breakwaters as an accessory use to a principal use with
the exception includes a storage building and workshop only if it does not detract
from the nature of the neighbourhood; and,
e.
Accessory Uses and Accessory Buildings provided the buildings are clearly incidental
and complimentary to the main buildings' character, size and use.
Interpretation of mapping
8) Interpret the boundaries between land uses designations and zones as follows: the
boundaries are meant to be general, except where they coincide with roads or other
prominent physical features, where they are intended to define the exact limits.
9)
No Development Regulation amendment shall be required in order to accommodate minor
adjustments of the Use Zone boundaries'
10) Acknowledge that the paper copy of the Future Land Use map(s) and Land Use zoning
map(s) with the signed registration stamp is the legal version. One copy of the registered
map is kept at the Council Office, Town of New Perlican and a second copy is in the
Minister's Registry with the Local Governance and Land Use Planning Division.
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3.2
COMMERCIAL LAND USE POLICIES
3.2.1
Objectives
The objectives for the Commercial designation are to:
1) To provide for an adequate quality, quantity of commercial land to serve the present and
future needs of the community for commercial, commercial-industrial and mixed
development;
2) Ensure that land uses are properly allocated so that conflicts between non-compatible uses
are avoided;
3) To protect existing businesses and to facilitate their continued operation.
3.2.2 Policies
It is the policy of Council to:
1) Establish a commercial land use designation on the Future Land Use mapping;
2) Establish within the Commercial land use designation, a Mixed Development zone which will
have the following uses:
a.
Permitted Uses All Commercial Uses as follow: [list] EXCEPT Amusement Park and
Campgrounds; Industrial Artist; Public Gathering Place-indoor; Public Gathering
Place-outdoor; Sports & Recreation facilities; -Single detached dwelling; Semi-
detached (double) dwelling; Apartment building; Townhouse; Home businesses-only
these: (a} Professions, such as an accountant, architect, auditor, engineer, realtor,
insurance agent, planner, lawyer; (b)Artisan and other home crafts; and (c)
Telephone and mail order business;
b.
Discretionary Uses: Bar; Industrial Light; Home care-residential; Institutional Use-
Personal care only; Recreational vehicles, Home businesses- those not set out
under Permitted uses.
2.
Establish the Mixed Development zone along the Provincial Highway Route #80 as there
is very limited land available within the urban core for new commercial ventures. The
existing Mixed Development zone will be expanded in the following locations:
a.
On both sides of Route #80 at the southern end of the community;
b.
Extending the Mixed Development zone into backlands that appear suitable for
development.
3.3
CONSERVATION LAND USE POLICIES
The Conservation land use designation may be comprised of public and private open space;
water bodies including buffers around ponds, shorelines, and wetlands; lands that contribute to
important ecological functions and lands containing other natural physical features which are
desirable for open space use or preservation in a natural state. It also includes landscapes with
natural hazards such as shorelines susceptible to erosion or slopes with potential for landslides.
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the land is accessible to the public. Permissions for public access to privately owned property
within the Conservation designation shall be at the discretion of the property owner.
3.3.1
Objectives
The objectives for the Conservation designation are to:
1) To protect natural areas which by reason of their intrinsic character, are sensitive,
vulnerable, or ecologically significant, have natural or recreation values, or areas of
potential natural hazard,such as shorelines, dunes, waterbodies, steep slopes, where
development is unsuitable and environmentally unsustainable.
2) To protect land where the Town has or intends to invest in facilities for Open
Space/Parks/Trails uses.
3) To protect the Public Water Supply area of the Town to ensure long-term potable water
supply for the community.
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3.3.2 General Policies
It is the policy of Council to:
1) Establish a Conservation designation on the Future Land Use map. Within the Conservation
designation, Council will establish the following zones in the Town of New Perlican
Development Regulations:
a.
Environmental Protection;
b. Open Space, Park and Trails; and,
c.
Protected Water Supply.
2) The Town may require that any development near a designated trail or water course be
reviewed by the Town to ensure that development does not negatively impact such trail or
watercourse. Where deemed necessary, the Town may require that the separation distance
or visual buffer be provided by the developer.
3) Designate lands as conservation in order to reduce the potential for property damage and
loss of life due to flooding or other natural hazard, and restrict development on lands known
to flood, such as flood plain lands or areas with severe slopes or unstable soils.
3.3.3
Environmental Protection Policies
It is a policy of Council to:
1. In the Conservation designation, provide for an Environmental Protection zone in the
Development Regulations which will have the following uses:
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a.
Permitted Uses: Environmental Protection; Open Space, Parks and Trails; Uses
allowed in all zones;
b.
Discretionary Uses: Forest activities-domestic harvest only; Fishery use; Marina.
2.
Establish the Environmental Protection zone in the following locations:
a.
Along sections of the coastal shoreline of the community, including the beach;
b. Along the bodies of water, including rivers and ponds near or flowing into the
ocean;
3.3.4 Open Space, Parks and Trails Policies
It is the policy of Council to:
1.
In the Conservation designation, establish an Open Space, Parks and Trails zone in the
Development Regulations which will have the following uses:
a.
Permitted Uses: -Open Space, Parks and Trails; Uses allowed in all zones;
b.
Discretionary Uses: Campgrounds (including RV parks); Public gathering places-
outdoor; Restaurant-Mobile Take Out, Street Vendor only; Outdoor Market.
3.
Establish the Open Space, Parks and Trails zone in the following locations, as follows:
a.
As a polygon (area) in the vicinity of Normans Hill where there are established
trails and heritage resources; and
b.
as a linear feature with a buffer set out in the Development Regulations for
developed trails in the community, such as, Tote Trail, Peter's Finger Trail, Jean's
Head Trail and D'lbreville Trail.
3.2.5 Protected Water Supply policies
It is the policy of Council to:
4.
Establish within the Conservation land use designation, a Protected Water Supply zone
which will have the following uses:
a.
Permitted Uses: Water Resources Management Division - 'Policy for Land and
Water Related Developments in Protected Public Water Supply Areas':
Environmental Protection; Cottage; Forestry; Natural Resource-related Use;
Commercial Agriculture; Open Space, Park and Trails; Uses permitted in all zones.
b.
Discretionary Uses: Mineral Working; Mineral Exploration-development;
5.
Establish the Protected Water Supply zone in a manner consistent with the boundaries set
out under the Water Protection Act, 2002 and administered by the Water Resources
Management Division.
6.
Refer any applications within the New Perlican River Protected Surfacewater area as
designated under the Water Resources Act, 2002 and Protected Water Supply zone to the
Water Resources Management Division (WRMD); Permitted and Discretionary uses within
the water supply area must be consistent with the WRMD policy: W.R. 95-01-Land and
Water Developments (Public water supplies)
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RESIDENTIAL LAND USE POLICIES
3.4.1 Objectives
The objectives of the residential land use designation are to:
1) Allocate sufficient land to meet anticipated residential and cottage development
requirements for the next ten years;
2) To provide opportunities for the development of an adequate quality, quantity and mix of
housing to serve the needs of the present and future population considering the range of
age, income, abilities, and family status in the community;
3) Preserve the character of the historic residential area of the community around the heritage
harbourfront along Harbour Road.
4) To develop the historical setting and heritage resources of New Perlican as a major
economic and tourism resource for the community and regional.
3.4.2 General Residential Policies
It is the policy of Council to:
1) Provide for a Residential land use designation on the Future Land Use mapping;
2) In the Residential designation, establish the following zones:
a.
Residential-Serviced
b.
Residential Rural;
c.
Residential Subdivision Area
d. Heritage Conservation
3) Include provisions in the Development Regulations regarding alternative energy within a
built-up residential area, which will be limited to a single energy-generation unit that serves
an individual property;
4) Require conformance to the Development Regulations for (1) Individual Lot layouts and the
siting of buildings, and (2) Subdivision Plan. This includes conformance to site development
standards, engineering site plans, landscape plans and building design which must meet the
approval of Council;
5) Ensure that shared driveways and backlot development standards are addressed in the
Development Regulations to minimize liability to the Town but also reinforce the public
health and safety considerations of adequate access to homes in the Town for emergency
services.
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3.4.3
Residential-Serviced
It is the policy of Council to:
1) In the Residential designation, establish a Residential zone in the Development Regulations
which will have the following uses:
a.
Permitted Uses: Single detached dwelling; Semi-detached dwelling; Mini-home;
Mobile home; Home businesses-only these: (a) Professions, such as an
accountant, architect, auditor, engineer, realtor, insurance agent, planner,
lawyer; (b)Artisan and other home crafts; and (c) Telephone and mail order
business-all others are discretionary uses; Uses allowed in all zones; Accessory
uses and Accessory Buildings.
b.
Discretionary Uses: Townhouse; Apartment building; Group Home; Convenience
store; Urban agriculture; Public Gathering Places-Indoor; Energy generating
facility residential only; Recreational Vehicle, Home businesses- those not set
out under Permitted uses;
2) Establish a Residential zone in the built-up area of the community where the Town has
invested in providing water and sewer services.
3) In the Residential zone, except in unusual circumstances, new urban development shall be
connected to municipal water and sewer services; but, where on-site services are required
due the prohibitive cost to provide such service, it must be approved by Digital Government
and Service NL.
3.4.4
Residential Rural
It is the policy of Council to:
1) In the Residential designation, establish a Residential Rural zone in the Development
Regulations which will have the following uses:
a.
Permitted Uses: Single detached dwelling; Home businesses--only these: (a)
Professions, such as an accountant, architect, auditor, engineer, realtor,
insurance agent, planner, lawyer; (b)Artisan and other home crafts; and (c)
Telephone and mail order business-all others are discretionary uses; Uses
allowed in all zones; Accessory uses and Accessory Buildings.
b.
Discretionary Uses: Townhouse; Mini-homes; Group Home; Convenience store;
Urban agriculture; Energy generating facility- residential only; Recreational
Vehicle, Home businesses- those not set out under Permitted uses.
2) Establish the Residential Rural zone on the east side of New Perlican Pond (replacing the
former Seasonal Residential zone).
3.4.5
Residential Subdivision Area
It is the policy of Council to:
1) In the Residential land use designation, establish a Residential Subdivision Area zone in the
Development Regulations which will have the following uses:
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Permitted Uses: Non-conforming uses and Uses allowed in all zones.
2) Require the preparation of a Subdivision application as set out in Chapter 9, and a
rezoning application under the Development Regulations.
3.4.8 Heritage Conservation
It is the policy of Council to:
1) In the Residential land use designation, establish the Heritage Conservation zone in the
Development Regulations which will have the following uses:
a.
Permitted Uses: Single detached dwelling; Semi-detached (double) dwelling;
Townhouse; Apartment building; Mini-homes; Marina (see condition 7); Fishery use
(see condition 7); Industrial-artistic; Home businesses-only those set out in
Condition 2 (a); Uses set out in 3.1.5; Home businesses--only these: (a) Professions,
such as an accountant, architect, auditor, engineer, realtor, insurance agent,
planner, lawyer; (b)Artisan and other home crafts; and (c) Telephone and mail order
business-all others are discretionary uses; Uses allowed in all zones;
b.
Discretionary Uses: Hotel; Motel; Group Home; Convenience store; Medical and
Professional; Outdoor market; Personal Service; Public Gathering Places-Indoor;
Public Gathering Places-Outdoor; Resort-See Condition (10); Urban agriculture;
Energy generating facility-residential only; Recreational Vehicle, Home businesses
that are not listed as Permitted Uses;
2) Establish development standards to protect the historic character of the New Perlican
waterfront including:
a.
Proposed exterior changes to buildings with heritage features;
b.
Changes to existing buildings with no heritage features;
c.
New development in the Heritage Conservation zone; and,
d.
Development in the heritage harbourfont;
3) In general, only fishing and marine related uses, such as wharves and fishing sheds, shall be
permitted along the shorelines of New Perlican in areas traditionally used for these
purposes. Also, and in areas traditionally used for waterfront activity, Council can allow the
development of tourism facilities that relate to New Perlican's history and marine
environment and related uses on the shoreline of New Perlican Harbour in the Heritage
Conservation and Mixed Development areas.
4) Establish development standards that allow for new non-heritage construction that
complements the historic and tourism priorities of the Town in the Heritage area.
3.4.9 Subdivisions
It is the policy of Council to:
1) Require a permit from Council for all subdivision of land;
2) Require, for subdivision development with 5 lots or more, a Subdivision Plan to be
submitted to Council which addresses all issues related to the development of the site
including but not limited to:
a.
Conformity to the goals, objectives, and policies of this Municipal Plan;
b.
Conformity to a Comprehensive Planned Development plan or a Development Scheme
as approved by Council, which accounts for the development of lands abutting the site;
c.
A description of the subject lands;
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d.
Consideration of land ownership as it will affect the layout of streets and access to the
site from existing roads and internal road layout;
e.
Provision of potable water, storm runoff management and sanitary waster services;
f.
Provision for lot layout scheme including the phasing of development;
g.
Provision for 10% recreation lands or alternative measures if requested by Council;
3) Council may consider a proposal for subdivision land and develop Back lots, where a narrow
driveway from the street, forming part of the lot, in specific situations in the residential
zone, where:
a.
the land is located in a developed area behind existing dwellings where vacant
parcels of land are of sufficient size for a building lot, but does not have the
required frontage on a publicly maintained street.
b. The proposal meets development conditions regarding access width, length and
the application of the building line, side yard and rearward requirements to be
specified in the Development Regulations, including but not limited to:
i. Appropriate, approval for onsite servicing must be obtained from the
Service NL (Government Service Centre);
ii. The development of the lot musts not prejudice the use of adjoining
backland. Council shall be satisfied that the backlot development will
not detract or restrict other types of development on adjacent lands;
iii. To ensure that Council can meet its responsibility for public safety and
emergency access by limiting the location of a dwelling on a backlot
which shall be a maximum of 200 m from a public street.
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PUBLIC/INSTITUTIONAL USE LAND USE POLICIES
3.6.1
Objectives
The objectives for the Public/Institutional Use designation are to:
1) To protect the Public/Institutional Use land near the Town Hall to provide a focus to the
community and serve the present and future needs of the community;
2) To provide land areas for recreation areas, facilities and programming to appropriately
address the recreational and social needs for all age groups in the Town taking into
consideration access to other regional recreation facilities.
3.6.2
Policies
It is the policy of Council to:
1) Provide for a Public/Institutional Use Future Land Use designation on the Future Land Use
mapping;
2) In the Public/Institutional Use designation, provide for Town Centre zone in the
Development Regulations; which will have the following uses:
a.
Permitted Uses: Public/Institutional -ALL: excluding Cemetery and Institutional use; but
includes Protective &Emergency services, Pubic Gathering Places-Indoor, Public
Gathering Places-Outdoor, and Sports and Recreation Facilities; Amusement
Park/Attraction; Offices; Outdoor Market; Uses set out in 3.1.5
b.
Discretionary Uses: -
3} Establish the Public/Institutional zone in the area of the Town Hall and Community Centre
and Fire Hall; public works buildings; and, recreation facilities
3.7
RESOURCE LAND USE POLICIES
Lands designated as Rural are intended to be protected for the rural setting of the community,
and used primarily by natural resource industries such as agriculture, forestry, mineral working
operations, conservation uses, and other uses which by the nature of size or activity is not
suitable to be located in the built-up area of the community.
3. 7 .1
Objectives
The objectives for the Rural designation are to:
1) Ensure environmentally responsible, sustainable management of natural resources, such as,
forestry, mineral resources, wildlife and fish, water, and agriculture;
2) Ensure coordinated and organized development of resource lands that may have significant
economic and recreational value to the Town;
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3) Retain the present rural character of the resource zone by limiting development permitted
within this designation to those associated with agriculture, forestry, quarrying, outdoor
recreation, cemetery or other uses such as recreational cottages;
3. 7 .2
Policies
It is the policy of Council to:
1) Provide for a Rural designation on the Future Land Use map;
2) In the Rural designation, and establish a Rural zone in the Development Regulations that will
allow the following uses:
a.
Permitted Uses: Commercial Agriculture; Forestry Activities; Mineral Working;
Natural Resource-related industries; Cottage; Contractor=General; Open Space, Park
& Trails; Protective and Emergency Service;
b.
Resort, including interpretation centre; Natural Resource-Related Uses ; Cemetery;
Campground; Uses set out in 3.1.5
c.
Discretionary Uses: Outdoor Market; Natural Resource-Related Uses; Public
Gathering-Outdoor; Amusement Park/Attraction; Salvage/scrap yard; Service
Station; Kennel; Marina; Residential: (1) Single detached dwelling only in association
with a permitted use, such as commercial agriculture
3) To set aside lands intended to be used primarily for resource and rural uses and associated
development that needs a rural context or large areas of land, or are incompatible with the
urban area;
4) The Rural zone will be located in the following areas:
a.
The Rural zone is located mostly outside the developed urban core of the
community;
b. The agriculture land lease within the community as located on Provincial Highway
Route #330 is required by the Provincial Government to be zoned as Rural;
however, note that no animal husbandry is allowed in this location due to proximity
to commercial and residential land uses.
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IMPLEMENTATION
4.1
DEVELOPMENT REGULATIONS
In order for the Town of New Perlican to achieve the vision, objectives and policies articulated in
their Municipal Plan, the Council will need to:
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Adopt Development Regulations as a tool for administration and implementation;
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Implement a capital works program to support Municipal Plan implementation;
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Ensure a clear and efficient approach to the development review, decision-making, and
appeal processes; and,
Development Regulations are one of the main vehicles through which Municipal Plans are
implemented. The Town will review, revise and adopt Development Regulations pursuant to
Section 35 of the Urban and Rural Planning Act, 2000.
4.2
AMENDMENTS TO THE MUNICIPAL PLAN
Council may consider amendments to the Municipal Plan when:
1. There have been significant changes to the community since the preparation of the
Background Report that provided the factual basis for the policies in this Municipal Plan;
2.
Studies have been undertaken by the Town or the Provincial or Federal governments which
contain recommendations or policies which should be incorporated into the Municipal Plan;
3.
A development proposal is submitted to Council which provides sufficient information and
rationale to support a change in the Municipal Plan;
As per Section 25 of the Urban and Rural Planning Act, 2000, an amendment to the Municipal
Plan and Development Regulations must follow the process set out in Sections 14 -25 of the
Urban and Rural Planning Act, 2000.
A person may request to have the zoning of a parcel of land changed in order to accommodate a
use or development not permitted under its' current zoning. This might only require an
amendment to the Development Regulations without amendment to the Municipal Plan.
Alternatively, a Development Regulations amendment may consist of a change to the text of the
regulations. Where there is only an Amendment to the Development Regulations, then Section
35 (5) of the Urban and Rural Planning Act, 2000 applies.
In considering requests for Development Regulation amendments, Council shall consider:
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all appropriate policies set out in this Municipal Plan;
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the provision of road, water and sanitary and storm sewer services and the impact on
existing infrastructure;
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the fiscal impact of the development on the Town;
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community/neighbourhood context for the proposed development;
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environmental considerations, emissions, effluents, nuisance effects; and,
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site suitability: slope, groundwater, location of watercourses and wetlands.
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Council is not required to consider an application for rezoning and that decision cannot be
appealed to the Regional Appeal Board as per Section 42 (2) of the Urban and Rural Planning
Act, 2000.
Where an application for development or an application for an amendment to the Municipal
Plan and/or Development Regulations is considered by Council to potentially have a significant
effect on the community, Council may require that a Planning Impact Analysis be undertaken to
address Council concerns;
The procedure for an amendment to the Development Regulations only is set out in the
Development Regulations.
4.3
REVIEW OF THE MUNICIPAL PLAN
The Council for the Town of New Perlican will undertake a review of the Municipal Plan every
five years in accordance with the requirements of Section 28 of the Urban and Rural Planning
Act, 2000. This review may be comprehensive or it may consist of an audit of progress that
confirms that the Municipal Plan is still relevant. The review process is valuable to the Council
and residents to ensure that the administration of the community achieves the objectives of its
residents.
This Municipal Plan and Development Regulations are developed for a 10-year period and each
5-year review must consider a 10-year period.
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APPENDIX A: FUTURE LAND USE MAP
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