Norris Point, Newfoundland and Labrador
· adopted 2024-08-16
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MUNICIPAL
PLAN
2024-2034
TOWN OF NORRIS POINT
CONTACT INFORMATION
Neil Dawe - President
100 LeMarchant Road, St. John's, NL A1C 2H2
P. 709.738.2500 F. 709.738.2499
[email protected] tractconsulting.com
TOWN OF NORRIS POINT
RESOLUTION TO APPROVE
MUNICIPAL PLAN, 2024-2034
Under the authority of Section 16, Section 17 and Section 18 of the Urban and Rural Planning
Act 2000, the Town Council of Norris Point:
a) Adopted the Town of Norris Point Municipal Plan, 2024-2034 on the 30th day of April,
2024;
b) Gave notice of the adoption of Municipal Plan, 2024-2034 by advertisement in the
Telegram on May, 18, 2024 and June 1, 2024 and on the Town website on May 10 2024.
c) Scheduled the 6th day of June 2024 at the Norris Point Town Hall, for the holding of a
public hearing to consider objections and submissions to the Municipal Plan, 2024-2034.
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Town
Council of Norris Point approves the Municipal Plan, 2024-2034, as adopted.
SIGNED AND SEALED this day of , 2024 .
Mayor:
_____________________
Town Clerk:
_____________________
(Council Seal)
TOWN OF NORRIS POINT
RESOLUTION TO ADOPT
MUNICIPAL PLAN, 2024-2034
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town Council
of Town of Norris Point adopts the Town of Norris Point Municipal Plan.
Adopted by the Town Council of the Town of Norris Point on the 30th day of April, 2024.
Signed and sealed this __________ day of _____________________________, 2024.
Mayor:
__________________________
Town Clerk:
__________________________
(Council Seal)
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that the attached Municipal Plan has been prepared in accordance with the
requirements of the Urban and Rural Planning Act, 2000.
Member, Canadian Institute of Planners (MCIP)
Town of Norris Point - Municipal Plan 2024-2034
1
1.0
INTRODUCTION .................................................................................................. 3
1.1
The Community Vision and introduction to the Municipal Plan .................................. 3
1.2
Authority ....................................................................................................................... 3
1.3
The Municipal Planning Process ................................................................................... 4
2.0 PLANNING CONTEXT AND MUNICIPAL PLAN OBJECTIVES ..................................... 7
2.1 PLANNING CONTEXT ....................................................................................................... 7
2.1.1 Planning for Social and Cultural Sustainability .................................................. 7
2.1.2 Planning for Environmental Sustainability ........................................................... 9
2.1.3 Planning for a Sustainable Built Environment ..................................................... 9
2.1.4 Planning for a Sustainable Economy ............................................................... 11
2.2
A SUSTAINABLE FRAMEWORK: MUNICIPAL PLAN OBJECTVES ................................... 12
2.2.1 Sustainable Social and Cultural objectives ...................................................... 12
2.2.2 Sustainable Environment objectives ............................................................... 12
2.2.3 Sustainable Built Environment objectives ........................................................ 13
2.2.4 Sustainable Economic objectives .................................................................... 13
3.0 LAND USE DESIGNATIONS, POLICIES & PROVINCIAL& MUNICIPAL INTEREST
OVERLAYS ................................................................................................................. 15
3.1
LAND USE DESIGNATIONS ........................................................................................... 15
3.1.1 Land Use Classes and Designations ................................................................. 15
3.1.2 Interpretation .................................................................................................. 15
3.1.3 Uses and requirements that apply in all zones ............................................... 16
3.2
COMMERCIAL .............................................................................................................. 17
3.3
CONSERVATION .......................................................................................................... 18
3.3.1 General Policies ............................................................................................... 19
3.3.2 Environmental Protection ............................................................................... 19
3.3.2.1 Environmental Protection Objectives ......................................... 19
3.3.2.2 Environmental Protection Policies .............................................. 19
3.3.3 Open Space, Park and Trails ............................................................................ 20
3.3.3.1 Open Space, Park and Trail Objectives ........................................ 20
3.3.3.2 Open Space, Park and Trail Policies ............................................. 20
3.3.4 Protected Water Supply .................................................................................. 21
3.3.4.1 Protected Water Supply Objective .............................................. 21
3.3.4.2 Protected Water Supply Policies ................................................. 21
3.4
INDUSTRIAL-COMMERCIAL WATERFRONT ................................................................. 22
3.5
MIXED DEVELOPMENT ................................................................................................ 25
3.6
RESIDENTIAL................................................................................................................ 27
Town of Norris Point - Municipal Plan 2024-2034
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3.7
RURAL ......................................................................................................................... 32
3.8
OVERLAYS .................................................................................................................... 33
4.0 COMPREHENSIVE POLICIES ................................................................................ 35
4.1
PROVINCIAL AND FEDERAL INTEREST POLICIES ......................................................... 35
4.1.1 Climate Change Division, Department of Environment and Climate Change . 35
4.1.2 Crown Land Administration Division, Department of Fisheries, Forestry and
Agriculture .................................................................................................................. 35
4.1.3 Digital Government and Service NL (DGSNL) .................................................. 36
4.1.4 Fisheries and Oceans Policy Division, Department of Fisheries, Forestry and
Agriculture .................................................................................................................. 36
4.1.5 Fisheries and Oceans Canada .......................................................................... 36
4.1.6 Forestry Division .............................................................................................. 36
4.1.7 Environmental Assessment, Department of Environment and Climate Change
37
4.1.8 GIS & Mapping Division, Department of Fisheries, Forestry and Agriculture . 37
4.1.9 Land Resources Stewardship Division, Department of Fisheries, Forestry and
Agriculture .................................................................................................................. 37
4.1.10 Mineral Lands Division, Department of Industry, Energy and Technology ..... 37
4.1.11 National Codes and Regulations ...................................................................... 38
4.1.12 Newfoundland and Labrador Hydro- Easements ............................................ 38
4.1.13 Parks Canada, Gros Morne National Park ....................................................... 38
4.1.14 Pollution Prevention Division, Department of Environment and Climate
Change ........................................................................................................................ 39
4.1.15 Provincial Archaeology Office.......................................................................... 40
4.1.16 Water Resources Management Division, Department of Environment and
Climate Change ........................................................................................................... 41
4.1.17 Wildlife Division, Department of Fisheries, Forestry and Agriculture ............. 41
4.2
GENERAL DEVELOPMENT POLICIES ............................................................................ 43
5.0 IMPLEMENTATION............................................................................................ 48
5.1
DEVELOPMENT REGULATIONS ................................................................................... 49
5.2
AMENDMENTS TO THE MUNICIPAL PLAN .................................................................. 49
5.3
REVIEW OF THE MUNICIPAL PLAN .............................................................................. 50
APPENDIX A: : FUTURE LAND USE MAP .................................................................... 51
Town of Norris Point - Municipal Plan 2024-2034
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1.0
INTRODUCTION
1.1
The Community Vision and introduction to the Municipal Plan
The purpose of the new Municipal Plan and Development Regulations is to enable the Town of
Norris Point 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 Norris Point. These policies form the basis for the
Development Regulations.
The Town of Norris Point Municipal Plan and Development Regulations build on the Town's
Vision as set in the Integrated Community Sustainability Plan (ICSP):
"Norris Point is a vibrant community that prospers economically, socially and culturally
by placing a high priority on the protection of the environment and natural beauty of the
community, its history and culture.
Norris Point is a safe, caring community that offers a high quality of life for its residents
through the provision of municipal services, opportunities for active living, and sound
planning. A range of tourism attractions, services and cultural events bring visitors who
sustain the local economy and provide opportunities for new business."
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 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) for a 10 year period.
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.
Town of Norris Point - Municipal Plan 2024-2034
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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 Municipal Plan (Section 35).
The Development Regulations set out the regulations that 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 Municipal Plan (2024-2034) 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 III 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.
A Background Report for the Town of Norris Point 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 Norris Point. 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. A community survey was conducted in April 2024 and there were
174 responses. During the community site visit, a public consultation was held on May 10th and
there were meetings and tours with community stakeholders.
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). In particular, the residents and stakeholders in the Town were invited to two formal
public consultations throughout the planning process. The first public consultation was
undertaken on May 10, 2024 during the Community Site visit. The results of the Community
Survey were included as part of the PowerPoint presentation. There were 174 responses to the
survey conducted between March 22, 2024 and April 15, 2024. Tours of the Town were
provided by Council members and stakeholders who shared their perspectives on the future of
the community. For the second public consultation, the draft planning documents and mapping
were made available to the public. The poster and notices indicated that interested parties may
contact the Town by email or telephone to receive electronic copies of the documents and
maps.
Upon completion of the review and comment phase, the draft planning documents and
mapping are submitted to the Provincial government for review and comment, as required, by
Section 15 of the Urban and Rural Planning Act, 2000.
Town of Norris Point - Municipal Plan 2024-2034
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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 findings to Council as a result
of the public hearing. Council may adopt the Commissioner report in whole, in part, or reject the
report in its entirety.
Council approves (by Resolution) the Municipal Plan and Development Regulations and
associated mapping submits them for registration (as required by 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.
Town of Norris Point - Municipal Plan 2024-2034
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Town of Norris Point - Municipal Plan 2024-2034
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2.0 PLANNING CONTEXT AND MUNICIPAL PLAN OBJECTIVES
2.1 PLANNING CONTEXT
As part of the Municipal Plan Update, 2024, the Town of Norris Point is updating the Integrated
Community Sustainability Plan (ICSP) which provided the basis for the Planning Context of the
Municipal Plan and Development Regulations, 2009. This is supported by an updated Municipal
Plan Background Report.
The context for the changes to these plans reflects the ongoing effects of COVID, the global
impacts of the Ukraine war (fuel prices), inflation and higher interest rates, as compared to the
optimism underpinning the previous plans which anticipated opportunities related to positive
provincial trends. What remains constant is the geographic setting in Gros Morne National Park
and the shift in the character of the town from a traditional outport lifestyle and regional service
centre to a summer 'resort town'. Regional health and social services remain a key to balance in
thing the dual nature of the community.
The elements of sustainability in the 2009 ICSP: social, cultural, economic and environmental,
are updated. The 2009 goal remains valid: To ensure that Norris Point remains a complete and
healthy community into the future. Using the framework of the previous ICSP, the following
sections outline the key resources, issues and anticipated challenges that Norris Point will face
over the next 10-year planning period.
2.1.1
Planning for Social and Cultural Sustainability
The Town of Norris Point has a population of 602 people as of the 2021 Census. The town has
seen a population decrease of about 14% from 2006 to 2021, or 98 people. The biggest loss
occurred between 2016 and 2021 of 68 residents; whereas between 2006 and 2016 there was
only a loss of 30 people.
The 45% drop in the number of children <14 years of age (55 in total in 2016) was especially
noticeable for the 5-9-year-old group (only 20 young children). This may reflect the 50% loss in
the 35-39-year-old group, which would represent potential parents. Interestingly, the number
of 0-4-year-old children remained relatively stable. The 50-59-year-old group also remained
stable. Overall, the population is middle-aged and older with the greatest increases in in the 65+
age groups. The challenge continues to be for the community to retain its youth and also
encourage new younger families to locate in the community.
The Town of Norris Point offers a combination of attractions to prospective residents that many
other small rural Newfoundland communities do not have: access to a wide range of
recreational opportunities and health care facilities in an attractive setting. However, the age
groups which are growing continues to be the retired age groups. In order to attract younger
families, the community needs to offer services and amenities that cater to these younger
cohorts, including, daycare, age-appropriate recreation, sport and cultural programming.
Town of Norris Point - Municipal Plan 2024-2034
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Although the overall population in Norris Point continues to decline, there continues to be some
new housing construction, such as the subdivision at Holland's Memorial Drive. While it is
difficult to project future populations, past trends would indicate that the Town's unique
location in proximity to Gros Morne National Park combined with the above-noted attractions,
Norris Point can expect modest residential growth in the coming years. The previous Municipal
Plan, 2009 expected greater growth and identified new areas of land to accommodate new
development. Much of these lands have not been developed. These lands, in combination with
vacant lands within the community appear to provide sufficient residential land base to
accommodate future needs.
There are several issues to take into consideration regarding housing in the community. With
regard to the existing housing stock in the community, more houses are becoming used
seasonally. Houses are either used as summer homes or as short term residential rentals
(STRRs). This trend drives up the cost of housing and as these properties are improved and
improve in value, the overall effect is the gentrification of the community. Local residents
dependent on local employment and income levels cannot compete with the outsiders buying
into the community. This creates a challenge for entry-level homeowners, professional
newcomers working in the health sector, and accommodation for seasonal workers in the many
tourism-related businesses. Summer homes and STRRs are generally located near the
waterfront or in the areas of town with the best views of the Tablelands, Gros Morne mountain
or the waterfront and surrounding landscape. Some of the land available for new housing does
not have the views and may be less attractive to newcomers.
The 2009 Municipal Plan also allowed the complete range of commercial accommodations
throughout the residential zone as discretionary use. While short term residential rentals (STRR)
were not defined and controlled in the 2009 plan, the mix of full-time homes with commercial
rentals created a situation where the STRRs blend in.
Regional health-related facilities and services located in Norris Point, such as the Bonne Bay
Health Centre and Bonne Bay Physiotherapy Clinic, plus the dental clinic represent important
community strengths. They are a sound foundation expand a wider range of holistic health
services for all ages, as well as, supportive services and special care to the aging population in
the region.
Cultural sustainability relates to the social amenities of a community, the recreation and social
events that provide opportunities for social interaction, building connections and the sense of
community. The Town has worked on fostering community spirit by creating new cultural
opportunities, such as, the Trails, Tales and Tunes Festival, the local Radio Broadcast, and
participation in Tidy Towns. The Town Hall is used by community groups for formal and informal
social events. Also, various community volunteer groups have built strong social and cultural
connections, such as the community library and spaces at the Julia Ann Walsh Heritage Centre,
as well as the Town Park providing recreation facilities for children. While these things have
been done for the benefit of the community, these events and activities also support what has
become a vibrant tourism and cultural industry within the town which leads to greater
economic sustainability.
In planning for the future of the community , Norris Point needs to consider how to balance the
needs of preserving a fully-functioning year-round community with the impact of the seasonal
Town of Norris Point - Municipal Plan 2024-2034
9
demands of a 'resort-town' within Gros Morne National Park. Even with the disruption of the
COVID pandemic, the success of the national park has created pressures on the fabric of the
community.
2.1.2 Planning for Environmental Sustainability
Environmental sustainability is defined as "...the responsibility to conserve natural resources and
protect ecosystems to support health and wellbeing, now and in the future". While the
regulatory authority for most environmental controls are under provincial regulation, i.e.,
environmental assessment, pollution control, protection of waterbodies, etc., the municipality
still has an important role.
In the Municipal Plan, the Town has the opportunity to set standards regarding landscaping, site
layout and development standards as well as municipal servicing requirements, as well as
ensuring adherence to provincial statutes, regulations, policies and guidelines. New
development that respects and enhances the natural environment can improve quality of life
and make Norris Point an attractive place to live. The location, type and standards applied to
new development needs to respect environmental standards (i.e., waste management), site
aesthetics and landscaping, and viewscapes for all residents and businesses.
In addition to protecting environmental integrity, the Town of Norris Point has stunning scenic
vistas of key features of the surrounding Gros Morne National Park combined with prime access
to the marine resources. These natural assets contribute to the identity of the residents of the
community, and they are important to the tourist economy of the town. As an enclave
community located within Gros Morne National Park, protecting the environment in Norris Point
is essential for attracting tourists and ensuring continued economic benefits from the tourism
industry.
Environmental issues that are addressed in the Municipal Plan include providing open spaces or
protection buffers for trails and other outdoor recreation, ensuring that valuable irreplaceable
resources such as long term supply of potable water are protected, preservation of view points
and protecting land for agriculture use.
The Norris Point coastline is vulnerable to the impacts of climate change. The community is
essentially located on a raised marine terrace and areas of the coastline a comprised of highly
erodible materials. As storms become more frequent and intense (wind velocities >200
km/hour) combined with rising sea levels, the Town needs to address protection measures as
well as conservative controls on future development in the vicinity of high risk areas.
2.1.3 Planning for a Sustainable Built Environment
The 2009 Municipal Plan addressed the need to link dispersed areas of development and
enhance the town's "sense of place". The objective was to create cohesive future development
pattern and provide better opportunities for economic development and tourism. These land
use designations and zoning shall generally be respected and refined in the updated Municipal
Plan.
Town of Norris Point - Municipal Plan 2024-2034
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Currently there is no specific geographic 'town centre' in the community. Individual public
buildings have structural impact, such as the Town Hall, the Julia Ann Walsh Heritage Centre,
and the Bonne Bay Marine Centre. There is no land available to create a 'town centre' around
them. Each of these important buildings are administered independently and there may be
opportunities to work together to create opportunities to provide more social, cultural,
recreational and educational services for the benefit of the residents of the town on a year
round basis.
Currently the Town Hall cannot house the Municipal administrative offices and this prime
location combines community social space with the firehall. The Julia Ann Walsh Heritage Centre
has an asbestos issue which limits the securing funding for potential uses of this building. In the
meantime, the Bonne Bay Search and Rescue use the Centre experiences a lack of space for
storage of equipment. There have been discussions as well of constructing a new Town Hall that
would be a community centre as well as the administrative centre of the town.
The 2009 Municipal Plan policies proposed to provide for redevelopment of a recognizable
'town centre' at the intersection of Main Street, Neddie's Harbour Road and Hospital Lane
through commercial zoning to encouraging a mix of commercial uses and streetscaping. There
are still a number of the developed commercial buildings that are still underutilized. There is
little vacant land of any size in the area, and most of this commercial zone is occupied by long-
term residences and established businesses. Minimal change has happened since 2009.
There are a few important historic resources in the Town: two registered heritage buildings:
Jenniex House and the Julia Ann Walsh Heritage Centre; the traditional fishing stage and stores
at Wild Cove; and the historic harbourfront at Clarke's Road and Stone's Lane. Note that the
historic Jenniex House provides a panoramic vista and welcoming services in a strategic location
for visitors entering the Town. These resources shall be recognized and protected in the
updated Municipal Plan.
The expansion of the built environment requires municipal servicing. With a limited but stable
tax base to manage town affairs, the Town has undertaken to prepare an Asset Management
Plan to responsibly maintain and expand municipal infrastructure. The ongoing challenge for
Norris Point is to encourage new development that utilizes existing infrastructure such as roads,
water and sewer services and ensure that extensions to municipal services does not place undue
tax burden on residents, now or in the future. The Municipal Plan sets out clear policies to guide
new growth.
The updated Municipal Plan will provide opportunities for different forms of housing with the
objective to accommodate the housing needs of prospective new residents as well as the
current aging population. New housing issues to be addressed include lot sizes, densities and
layouts in a geophysically challenging environment; options for tiny homes; options to address
seasonal use of single detached dwellings in the residential zone for short term residential
rentals and seasonal 'cottage' use.
Town of Norris Point - Municipal Plan 2024-2034
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2.1.4 Planning for a Sustainable Economy
The community has two economic anchors: tourism related to Gros Morne National Park and
the regional health service sector. As well, there are fishing enterprises based out of Norris
Point and a wide range of local services for a town of this size.
The Municipal administration is on solid footing with stable tax base, low debt servicing ratio
and sufficient means to borrow funds for needed capital infrastructure investment. The Town
partners with a variety of community groups to secure resources to improve civic amenities.
Plan policies encourage a wide range of business development opportunities, both in identified
commercial and mixed development areas and as home based businesses.
It has worked hard with a variety of groups, individuals, organizations and businesses to provide
a range of tourism products and lengthen the tourism season. Having a sustainable economy
also means that the town uses tax revenues efficiently, and in ways that will provide
community-wide benefits. The community has extended the tourist season creating new
opportunities, such as, the Trails, Tales and Tunes Festival, the. While these things have been
done for the benefit of the community, these events and activities also support what has
become a vibrant tourism and cultural industry within the town which leads to greater
economic sustainability.
The new Neddie's Harbour and Marine Project will help relieve traffic congestion in this area by
diverting the fishing offloading activity to the new location. This Project involves the
construction of a new treated timber crib marginal wharf and finger pier, launchway, two (2)
floating docks and armour stone breakwater. The uplands will be backfilled to create laydown
area as well as give greater access to the facility. The Gros Morne Tourism Regional
Implementation Plan Project is exploring the possibility of reclaiming land in the Neddie's
Harbour area which would provide more space for marine and tourism related use and
development. The changes and proposed expansion of these shore-based uses will be reflected
in the updated Municipal Plan. It is important to recognize the marine identity of the community
by recognizing the waterfront in Neddie's Harbour, Inner Harbour, the historic waterfront The
historic waterfront area where new commercial development continues to be encouraged, and
the protection measures implemented in the Wild Cove area to conserve heritage structures
such as the traditional stores and wharves used by inshore fishermen.
From a sustainability perspective, Gros Morne National Park continues to be is a significant
resource contributing to the economy of the town. This does not come without challenges.
The seasonal nature of the accommodation and tourism related businesses places pressure on
the housing r sources of the community with more and more homes used for short term
accommodations and as seasonal 'cottages'. As the town experiences increasing gentrification,
local long-term businesses may find that they are no longer viable on a year-round basis. There
is a tension between the needs of the established community and the tourism-related
businesses. The policies of the updated Municipal Plan are intended to provide a wider range of
scope to address these challenges.
Town of Norris Point - Municipal Plan 2024-2034
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2.2
A SUSTAINABLE FRAMEWORK: MUNICIPAL PLAN OBJECTVES
The following sections outline objectives of the Municipal Plan that apply throughout the Town
of Norris Point Planning area, (as required by Section 13 (2) of the Urban and Rural Planning Act,
2000. These have been organized to complement the planning context discussion.
The objectives of the Municipal Plan provide a sustainable framework for the land use and
development policies set out in this Municipal Plan. They articulate the aspirations and needs of
the residents of the Town of Norris Point.
2.2.1 Sustainable Social and Cultural objectives
The objectives for social and cultural objectives include:
1) To provide a healthy, pleasant, and safe living and working environment in Norris Point;
2) To preserve scenic views recognizing their value to residents and visitors and the
importance to the character of the Town;
3) To provide municipal administration and services effectively, efficiently, and equitably to all
residents, in a transparent manner and within the fiscal capacity of the Town;
4) Strive to provide the quality of life amenities to promote a healthy community, vibrant
economy and secure future for the community;
5) Develop relationships with key community organizations, such as the Bonne Bay Aquarium
and Research Station and the Old Cottage Hospital Heritage Corporation, to expand year
round community programming and services;
6) Accommodate housing needs for current and future residents for a range of age, income,
abilities, and family status with a range of housing types to satisfy market needs;
7) Allocate sufficient land to meet anticipated needs for community for the next ten years;
2.2.2 Sustainable Environment objectives
The objectives for environmental sustainability include:
1) To protect the integrity of the natural environment, including soil, water, vegetation,
wetlands, wildlife, plant and fish habitats, for its intrinsic, aesthetic, recreational, and
economic values;
2) To manage the Town's natural resources, such as forestry, agriculture, and mineral
resources, and to promote the sustainable development of these resources;
3) Restrict development in environmentally hazardous areas such as steep slopes and areas
prone to landslides and rockfall, and areas vulnerable to climate change effects on the
coastline;
Town of Norris Point - Municipal Plan 2024-2034
13
2.2.3 Sustainable Built Environment objectives
The objectives for the Norris Point Built Environment include:
1) To encourage future growth in a manner that ensures land use compatibility, orderly
development in a manner the promotes a balanced and attractive community taking into
consideration its physical setting;
2) To create a 'town centre' to provide a focus for the town and foster community pride and
identity;
3) To protect heritage resources including structures and locations important to the historic
understanding of the community for the benefit of both residents and visitors.
4) To preserve the character of the community by encouraging the retention of the style, size,
scale, colour and form of buildings in Norris Point.
5) To protect views from public vantage points to the waters of Bonne Bay; and include
evaluation of the impact of new development on views;
6) To provide opportunities for residential infill, tiny homes, and higher density housing in
order to maximize use of limited residential land base.
2.2.4 Sustainable Economic objectives
The objectives for economic sustainability include:
1) To work with the Gros Morne Tourism Regional Implementation Project to develop tourism
resources and services in Norris Point that will excel within the context of Gros Morne
National Park;
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 ensure compatibility of non-residential and residential development in a Town with of
the size and geography of Norris Point;
4) To encourage the continued operation of existing businesses through policies and
regulations that facilitate expansion of the existing operations, retention of the population
base needed for economic viability and provide flexibility for a wide variety of business
development opportunities;
5) To make land available for employment-generating activities, such as tourism, commercial
and industrial development opportunities;
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Town of Norris Point - Municipal Plan 2024-2034
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3.0
LAND USE DESIGNATIONS, POLICIES & PROVINCIAL& MUNICIPAL
INTEREST OVERLAYS
3.1
LAND USE DESIGNATIONS
3.1.1 Land Use Classes and 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 Norris Point is divided into land use classes. Within each
land use class, a land use designation shall be defined and mapped on the Future Land Use Map.
Within the designation, the Municipal Plan shall set out the Land Use Zones that shall be shown
on the Land Use Zoning Map of the Development Regulations, as shown on the following table.
LAND USE
CLASS
LAND USE DESIGNATIONS
FUTURE LAND USE MAP
LAND USE ZONES
LAND USE ZONING MAP
Commercial
Commercial
Commercial
Conservation
Conservation
Environmental Protection
Open space, Parks & Trails
Protected Water Supply
Industrial
Industrial-Commercial
Waterfront
Waterfront-Wild Cove
Waterfront-Neddie's Harbour
Waterfront-Inner Harbour
Waterfront-Norris Cove
Mixed
Mixed Development
Mixed Development
Residential
Residential
Residential
Rural
Rural
Rural
3.1.2 Interpretation
It is a policy of Council to:
1) Establish Future Land Use designations on the Future Land Use Map.
2) Refine each Municipal Plan land use designation into land use zones for the Development
Regulations.
3) Sets out the permitted, discretionary, and prohibited land uses for each zone.
1) Set out Land Use Definitions and specific conditions for development (including subsidiary
apartments and outdoor storage) in the Development Regulations according to Land Use
Class, including:
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-
Agricultural Use Class
-
Commercial Land Use Class
-
Industrial Use Class
-
Conservation Use Class
-
Public/Institutional Land Use Class
-
Residential Use Class
-
Public Infrastructure and Utilities Use Class
4) Indicate the following uses in the Development Regulations:
a. Set out permitted uses in each zone and that can be approved, with or without
conditions;
b. Set out discretionary uses in each zone where Council determines that 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;
c. Set out Accessory Uses (for residential and non-residential), Accessory Buildings and
Home Business (General home businesses or specific home businesses, such as Bd &
Breakfast, Boarding House, Day Care-Residential, and associated parking) uses and
conditions for development;
d. Indicate the following considerations when accepting or refusing a permitted or
discretionary use:
i.
whether the use is appropriate for the site and the immediate surrounding area;
ii.
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.
5) Provide the following interpretation of boundaries between land use designations: the
boundaries between land use designations 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.
3.1.3 Uses and requirements that apply in all zones
1) Set out the uses that are permitted, and conditions to be applied, in all Future Land Use
designations and Land Use zones which shall 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 infrastructure such as, utilities and municipal services;
d. Accessory uses and buildings provided the buildings are clearly incidental and
complimentary to the main buildings' character, size and use; and wharves/boathouses/
slipways/breakwaters, where they are accessory to a principal use;
2) Protect the traditional trail network in the Town with a minimum 15-metre undisturbed
buffer between the proposed development and the trail. Where trails are located along
existing street rights of way, no buffer is required. These trails are intended for pedestrian
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use and in the interests of public safety, it is a policy of Council to prohibit ATV use on these
pathways. ATVs are only to be used on trails that are identified specifically for ATV use.
Development shall not obstruct access to these trails.
3) Ensure that new development does not obstruct views from public vantage points to the
waters of Bonne Bay, such as down streets perpendicular to the water; and require an
assessment of the impact of the height of the structure on the views of neighbouring
properties is a requirement for consideration to restrict the height of the structure or alter
the design to mitigate the impact;
4) To encourage the preservation of natural features such as beaches, mature tree cover, areas
of steep slopes and wetlands to support the preservation of ecosystems and cultural
landscape features for future generations. New development shall be required be designed
to minimize environmental impacts.
5) To ensure that public access to and along the shoreline of Norris Point is preserved. New
development shall not be permitted to block or prevent public access by virtue of backfilling,
depositing materials, erection of gates or fences. The impact on public access of the
construction of wharves, docks or marinas along the shoreline will be considered in the
review and approval of development applications.
3.2 COMMERCIAL
3.2.1
Commercial Objectives
The following objectives for commercial development in Norris Point are:
1) To support commercial development at the Norris Cove-Clarkes Road area as a tourism
destination that will foster growth in the tourism industry;
2) To foster development of a vibrant town centre to enhance community spirit and pride, as
well as provide a venue for community events and social and cultural activities and
programming;
3) To provide a uses in the commercial that accommodates a wide range of businesses and
services attractive to visitors and residents.
3.2.2
Commercial Policies
It is the policy of Council to:
1) Provide for a commercial land use designation on the Future Land Use mapping;
2) In the Commercial land use designation, provide for a Commercial zone in the Development
Regulations which shall have the following uses:
a. Permitted Uses: Commercial Land Use Class: All Uses, EXCEPT Amusement
Park/Attraction, Campgrounds, Resort; Institutional/Public Land Use Class-All Uses
EXCEPT Cemetery; Public Gathering-Indoor; and Uses that are permitted in all zones:
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conservation uses (environmental protection and open space, parks and trails); mineral
exploration that is not a 'Development' (as defined under the Urban and Rural Planning
Act, 2000); public utilities and municipal services;
wharf/boathouse/slipways/breakwaters as an accessory use to a principal use; and,
Accessory Uses and Accessory Building;
b. Discretionary Uses: Apartment building; Assisted Living-Residential; Emergency shelter;
Hostel; Light Industrial; Outdoor Market; Outdoor Storage; Protective and Emergency
Services; Supportive housing; Transitional housing;
3) Include in the Commercial use development standards, outdoor storage buffers and
separation distances shall be set out in the Development Regulation;
4) Prepare a plan for the area designated for Commercial development around the intersection
of Neddie's Harbour Road, Main Road, and Hospital Lane that would incorporate improved
urban design and streetscaping, integrate plans for the Julia Ann Walsh Heritage Centre, and
identify parking and open space areas within this central business area.
Access
5) Require that new commercial development, or redevelopment of an existing commercial
building, have well-designed access points that will enable the efficient and safe flow of
vehicular and pedestrian traffic.
Julia Ann Walsh Heritage Centre
6) Support the Julia Ann Walsh Heritage Centre; Council recognizes the importance of the Julia
Ann Walsh Heritage Centre as an important anchor in the commercial heart of Norris Point
and commits to supporting services and facilities that provide for residents and visitors.
Bonne Bay Marine Centre
7) To enhance community outreach and partnership opportunities with the Bonne Bay Marine
Centre for the benefit of the community.
Setbacks to complement existing structures
8) Allow for the building line setbacks (building line) of new building to complement the
setbacks of existing conforming buildings on adjoining or nearby lots on the same street and
allow buildings be permitted to abut existing sidewalks
3.3
CONSERVATION
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 inclusion of privately-owned lands within the Conservation designation shall not imply that
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 General Policies
It is the policy of Council to:
1) Provide for a Conservation Future Land Use designation on the Future Land Use
mapping;
2) In the Conservation designation, provide for the following Land Use Zones in the
Development Regulations:
-
Environmental Protection
-
Open Space, Park and Trails
-
Protected Water Supply
3) Protect natural areas which by reason of their intrinsic character, are sensitive,
vulnerable, or ecologically significant, or have natural or recreation values.
3.3.2 Environmental Protection
3.3.2.1 Environmental Protection Objectives
The objectives for Environmental Protection in Norris Point are:
1) To prevent development in environmentally sensitive, hazardous or areas threatened by the
effects of climate change;
2) To encourage and support the use of natural areas for recreation, eco-tourism and outdoor
education; and
3) To work in partnership with groups and organizations to foster a sense of environmental
stewardship among residents.
3.3.2.2 Environmental Protection Policies
It is the policy of Council to:
1) In the Environmental Protection l zone in the Development Regulations which shall have the
following uses:
a. Permitted Uses: Uses as permitted under the Water Resources Management Division
Policy W. R. 97-1: Environmental Protection; boathouses, jetties, wharves, moorings and
other docking facilities and the extension and upgrading of existing buildings; and Uses
that are permitted in all zones: conservation uses (environmental protection and open
Town of Norris Point - Municipal Plan 2024-2034
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space, parks and trails); mineral exploration that is not a 'Development' (as defined
under the Urban and Rural Planning Act, 2000); public utilities and municipal services;
wharf/boathouse/slipways/breakwaters as an accessory use to a principal use; and,
Accessory Uses and Accessory Building;
b. Discretionary Uses: Marina; Campground; Mineral exploration-'development'; Forest
activities-domestic harvest only
2) Apply the Environmental Protections zone in areas where development must be restricted,
such as shorelines, waterbodies, steep slope where development is unsuitable and
environmentally unsustainable and in coastal areas susceptible to effects of flooding as a
result of rising sea levels combined with storm surges.
3.3.3 Open Space, Park and Trails
This zone is intended to provide the opportunity to recognize lands where the Town or
community groups have invested in the development of active and passive recreational facilities
and protect the lands from other non-compatible uses.
3.3.3.1 Open Space, Park and Trail Objectives
The objectives of the Open Space, Park and Trail zone are to:
1) Preserve lands for the purpose of open space for the beautification and aesthetic values
of the Town;
2) Protect lands or the development of parks from incompatible development for the
enjoyment of residents and tourists;
3) Ensure that trails, including viewpoints and access points ,are safeguarded from
detrimental adjacent developments including the safety of trail users;
3.3.3.2 Open Space, Park and Trail Policies
It is the policy of Council to:
1) In the Open Space, Park and Trail zone in the Development Regulations which shall have the
following uses:
a. Permitted Uses: Conservation-All uses; and Uses that are permitted in all zones:
conservation uses (environmental protection and open space, parks and trails);
mineral exploration that is not a 'Development' (as defined under the Urban and
Rural Planning Act, 2000); public utilities and municipal services;
wharf/boathouse/slipways/breakwaters as an accessory use to a principal use; and,
Accessory Uses and Accessory Building;
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b. Discretionary Uses: Public gathering places-outdoor; Restaurant-mobile take-
out/street vendor only; Outdoor Market
2) Apply the Open Space, Park and Trail zone in areas where the Town or community
organizations have invested in development of infrastructure for recreation purposes.
3.3.4 Protected Water Supply
The Neddy Harbour Pond Water Supply Area is the source of drinking water for the Town of
Norris Point. The Protected Water Supply area is a provincially designated and protected water
supply under the Water Resources Act, 2002.
3.3.4.1 Protected Water Supply Objective
The objective for the Protected Water Supply designation is:
1) To ensure the long-term viability of drinking water for the Town of Norris Point;
3.3.4.2 Protected Water Supply Policies
It is the policy of Council to:
1) In the Protected Water Supply zone in the Development Regulations, indicate the following
uses:
a. Permitted Uses: Uses must be consistent with the 'Policy Directive on Land and Water
Development in Protected Public Water Supply Areas' W.R. 95-01: Environmental
Protection; Cottage; Forestry; Commercial Agriculture; Resort; -From W.R. 95-01:
Construction of residential, commercial, industrial and institutional facilities or any
other related activity including land clearing or drainage, construction of access roads,
servicing of lands for subsequent use, or extension and upgrading of existing buildings
or facilities, and Uses that are permitted in all zones: conservation uses (environmental
protection and open space, parks and trails); mineral exploration that is not a
'Development' (as defined under the Urban and Rural Planning Act, 2000); public
utilities and municipal services; wharf/boathouse/slipways/breakwaters as an accessory
use to a principal use; and, Accessory Uses and Accessory Building;
b. Discretionary Uses: Mineral Working; Mineral Exploration-'Development'
2) Apply the Protected Water Supply zone in areas where land uses need to be controlled to
protect the integrity of the water quality and quantity for the purposes of potable water for
the Town of Norris Point.
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3.4
INDUSTRIAL-COMMERCIAL WATERFRONT
The industrial activity is mainly related to the fishery and needs appropriate facilities on the
waterfront. Access to the waters of Bonne Bay is an important part of community identity and
the fishery continues to be part of the local economy. There are four distinct waterfront
locations that offer opportunities for heritage interpretation, expanded marina offerings,
tourism amenities, as well as facilitating the needs of fishermen.
3.4.1
Industrial-Commercial Waterfront Objectives
The following objectives shall apply to development on lands designated as Industrial on the
Future Land Use maps:
1) To provide opportunities for industrial, commercial and recreational boating in the
community;
2) To support ongoing redevelopment of the waterfront in the community in a manner that
protects traditional economic activities and enhances the sustainable values of the
community, including:
-
the preservation of marine-related heritage structures in Wild Cove in a manner
that does not hinder continued commercial and recreational marine uses;
-
enhancement of Neddie's Harbour for the purposes of providing marine-related
services for fishing operations and recreational boating, protective climate change
measures along the shoreline, and create a tourism waterfront facility destination;
-
tourism-related commercial activities and services in Norris Cove;
-
improvements in the Inner Harbour, including public access;
3.4.2
General Policies
It is the policy of Council to:
(1) Provide for an Industrial Waterfront designation on the Future Land Use map;
(2) In the Industrial-Commercial Waterfront Land Use designation, establish the following
Waterfront zones in the Development Regulations:
-
Waterfront-Wild Cove
-
Waterfront-Neddie's Harbour
-
Waterfront-Inner Harbour
-
Waterfront-Norris Cove
(3) In areas designated Industrial-Commercial Waterfront on the Future Land Use Map, permit
marine uses associated with the fishing industry including wharves, docks, boat haul outs
and storage yards, marine service facilities, commercial and recreational boating, fishing
sheds and other ancillary uses.
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3.4.3
Waterfront-Wild Cove Policies
It is the policy of Council to:
1) In the Industrial Land Use designation, establish the Waterfront-Heritage zone in the
Development Regulations with the following uses:
a. Permitted Uses: Uses as permitted under the Water Resources Management Division
Policy W. R. 97-1 (see Appendix 3), subject to Heritage standards for fishing sheds;
Fishery-related Use; Marina ; boathouses, jetties, wharves, moorings and other docking
facilities and the extension and upgrading of existing buildings; Open Space, Recreation
and Trails uses; and Uses that are permitted in all zones: conservation uses
(environmental protection and open space, parks and trails); mineral exploration that is
not a 'Development' (as defined under the Urban and Rural Planning Act, 2000); public
utilities and municipal services; wharf/boathouse/slipways/breakwaters as an accessory
use to a principal use; and, Accessory Uses and Accessory Building;
b. Discretionary Uses: Bar/Liquor Establishment; Outdoor Market; Outdoor Commercial
patio; Public Gathering Place-Outdoor (outdoor performance space only); Public
Gathering Place-indoor; Restaurant; Retail;
2) Apply a heritage overlay to this area where heritage standards shall guide new development
and the repair existing fishing stages and wharves in Wild Cove. However, nothing in this
plan shall prevent the continuation of current fishing activity in Wild Cove.
3) The Discretionary uses shall only be considered when the ownership and upgrading of
Whale Cove Road has been completed to the satisfaction of Council.
3.4.4
Waterfront-Neddie's Harbour Policies
It is the policy of Council to:
1) In the Industrial Land Use designation, establish the Waterfront -Neddie's Harbour zone in
the Development Regulations with the following uses:
a. Permitted Uses: Permitted Uses: Uses as permitted under the Water Resources
Management Division Policy W. R. 97-1 (see Appendix 3): Fishery-related Use;
Marina; boathouses, jetties, wharves, moorings and other docking facilities and the
extension and upgrading of existing buildings; and Uses that are permitted in all
zones: conservation uses (environmental protection and open space, parks and
trails); mineral exploration that is not a 'Development' (as defined under the Urban
and Rural Planning Act, 2000); public utilities and municipal services;
wharf/boathouse/slipways/breakwaters as an accessory use to a principal use; and,
Accessory Uses and Accessory Building;
b. Discretionary Uses: Bar/Liquor Establishment; Outdoor Market; Outdoor
Commercial patio; Public Gathering Place-Outdoor (outdoor performance space
only); Public Gathering Place-indoor; Restaurant; Retail;
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2) Consideration of these Discretionary uses on the shorefront can only occur subsequent to
the protection of the foreshore from erosion and the build-up of sufficient land for these
types of development;
3) Designate lands sufficient to supports the Neddie's Harbour and Marina Project to develop
harbour facilities on the north side of Neddie's Harbour for both fishery and marina uses
and also sufficient lands for tourism-related uses.
4) Expand the Neddie's Harbour Marina Development area to encompass the shoreline along
Neddie's Harbour Road to achieve the dual purpose of:
a. protecting Neddie's Harbour Road and municipal infrastructure from the threat of
climate change flooding; and,
b. to reclaim land in the Neddie's Harbour area and fill in the foreshore area in order
to provide space for additional marine and tourism related use and development.
3.4.5
Waterfront-Inner Harbour Policies
It is the policy of Council to:
1) In the Industrial Land Use designation, establish a Waterfront-Inner Harbour zone in the
Development Regulations with the following uses:
a. Permitted Uses: Permitted Uses: Uses as permitted under the Water Resources
Management Division Policy W. R. 97-1 (see Appendix 3): Fishery-related Use;
Marina; boathouses, jetties, wharves, moorings and other docking facilities and the
extension and upgrading of existing buildings; and Uses that are permitted in all
zones: conservation uses (environmental protection and open space, parks and
trails); mineral exploration that is not a 'Development' (as defined under the Urban
and Rural Planning Act, 2000); public utilities and municipal services;
wharf/boathouse/slipways/breakwaters as an accessory use to a principal use; and,
Accessory Uses and Accessory Building;
b. Discretionary Uses: Bar/Liquor Establishment; Outdoor Market; Outdoor
Commercial patio; Public Gathering Place-Outdoor (outdoor performance space
only); Public Gathering Place-indoor; Restaurant; Retail;
2) To facilitate the continued use for fishery and marina related uses and enhance access to
the shoreline for both residents and tourists.
3.4.6 Waterfront-Norris Cove Policies
It is the policy of Council to:
1) In the Industrial Land Use designation, establish the Waterfront -Norris Cove zone in the
Development Regulations with the following uses:
a. Permitted Uses: Permitted Uses: Uses as permitted under the Water Resources
Management Division Policy W. R. 97-1 (see Appendix 3): Fishery-related Use;
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Marina; boathouses, jetties, wharves, moorings and other docking facilities and the
extension and upgrading of existing buildings; and Uses that are permitted in all
zones: conservation uses (environmental protection and open space, parks and
trails); mineral exploration that is not a 'Development' (as defined under the Urban
and Rural Planning Act, 2000); public utilities and municipal services;
wharf/boathouse/slipways/breakwaters as an accessory use to a principal use; and,
Accessory Uses and Accessory Building;
b. Discretionary Uses: Bar/Liquor Establishment; Outdoor Market; Outdoor
Commercial patio; Public Gathering Place-Outdoor (outdoor performance space
only); Public Gathering Place-indoor; Restaurant; Retail;
2) Encourage tourism-related uses in this prime location which has limited land available for
expansion.
3.5
MIXED DEVELOPMENT
The Town has a good number and variety of businesses- many are seasonal tourism-related,
such as cafes and gift shops, but some provide year-round services. As well, Norris Point has
established regional health related facilities and services, such as the Bonne Bay Health Centre,
Bonne Bay Physiotherapy Clinic, and Bonne Bay PharmaChoice.
3.5.1
Mixed Development Objective
The objective for Mixed Development in Norris Point is:
1) To provide more residential and commercial development opportunities along the main
road in the community as there is very limited land available within the urban core for new
commercial ventures.
3.5.2
Mixed Development Policies
It is the policy of Council to:
1) Provide for a Mixed Use Future Land Use designation on the Future Land Use mapping;
2) In the Mixed Use designation, provide for Mixed Use zone in the Development Regulations
which shall have the following uses:
a. Permitted Uses: Apartment building; Single Detached Dwelling; Double Dwelling; Home
businesses as set out in Condition (3); Business support service; Club and Lodge;
Convenience store; Garage, public parking, taxi stand; General Service/repair; Medical
or Dental Clinic; Personal Service; Offices; Outdoor Commercial patio; Restaurant-full
service; Retail; Public Gathering Place-Indoor; Subsidiary Apartment, and Uses that are
permitted in all zones: conservation uses (environmental protection and open space,
parks and trails); mineral exploration that is not a 'Development' (as defined under the
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Urban and Rural Planning Act, 2000); public utilities and municipal services;
wharf/boathouse/slipways/breakwaters as an accessory use to a principal use; and,
Accessory Uses and Accessory Building; Home businesses that are permitted uses
include:
i.
Professions, such as an accountant, architect, auditor, engineer, realtor,
insurance agent, planner, lawyer;
ii.
Personal service that do not disrupt the residential character of the
neighbourhood, such as a hairdressing, tailor, photographer, caterer's
establishment, shoe repair, dressmaking, sewing repairs and tailor shop, small
appliance, clock/watch, bicycle, ski and snowboard and computer repair,
locksmiths, manicurists;
iii.
Artisan and other home crafts;
iv.
Music and dance lessons and educational tutoring;
v.
Telephone and mail order business
b. Discretionary uses: Amusement establishment/use; Auto Body shop; Automotive
Repair; Bar; Building supply store; Child Care-Non-residential; Contractor, Day Care-
residential, Dormitory, General; Custom manufacturing ; Home business-set out below;
Hostel; Hotel; Industrial light; Industrial Mall; Institutional; Mobile Street vendor (non-
food; Motel; Non-Market housing; Protective and Emergency Services; Seasonal
Residence; Short Term Residential Rental; Sport and Recreation Facilities; Townhouse;
Veterinary Clinic; Home businesses as discretionary uses, including but not limited to:
i. Food preparation for catering services and baking;
ii. Music and dance lessons, and educational tutoring
iii. Personal service that do not disrupt the residential character of the
neighbourhood, such as a hairdressing, tailor, photographer, pet
groomer, caterer's establishment, shoe repair, dressmaking, sewing
repairs and tailor shop, small appliance, clock/watch, bicycle, ski
and snowboard and computer repair, locksmiths, manicurists;
iv. Care services, such as child care, or home-care; and similar
occupations or businesses.
v. Art gallery and framing shop;
vi. Pet grooming services;
vii. Bed and Breakfasts;
viii. Boarding house
ix. Home care-residential
x. Furniture repair and upholstery;
xi. Sale of bedding plants and trees grown on the same lot
3) Expand opportunities for commercial and light industrial revenue-generating uses along the
main roads in the community that are compatible with residential development.
4) Provide development standards in the Development Regulations to maximize use of the
land and accommodate efficient provision of services, and appropriate buffers, fences, and
separation distances to avoid conflict between residential and non-residential land uses.
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Setbacks to complement existing structures
5) Allow for the building line setbacks (building line) of new building to complement the
setbacks of existing conforming buildings on adjoining or nearby lots on the same street and
allow buildings be permitted to abut existing sidewalks
6) Allow for seasonal residences which, at the discretion of Council, may be subject to the
conditions applicable to Short Term Residential Rentals (see #11, below).
7) Protect the housing stock of the town from seasonal use, such as short term residential
rentals (STRR) by Council shall have the discretion to:
a. limit the density of a combination of Short-Term Rentals and Bed and Breakfast
operations in a neighbourhood;
b. enact a moratorium on the establishment of new Short-Term Residential Rentals
after determining a ratio of seasonal versus full-time occupation of housing stock in
the community;
c. set a percentage of all housing stock that can be STRR and new licences will only be
issued when a licence is retired;
d. require that STRRs must be owner-occupied (like a bed and breakfast);
e. set out criterial to enable boat houses or other accessory buildings to be used as a
STRR;
f. stipulate that only residents of the Town of Norris Point can own a STRR and set a
limit on the number any one individual can operate;
g. prohibit Hotel/Motel operations from having STRRs as part of their accommodation
offerings;
3.6
RESIDENTIAL
The dominant housing form is the single detached home and 69% of these home are over 26
years old and well maintained. Commercial residential uses are allowed as a discretionary use in
the Residential zone. Due to the Town's natural setting within Gros Morne National Park and
next to Bonne Bay, there are a growing number of homes being used for short term rentals and
summer homes. This takes these homes out of the housing market and negatively affects
affordability. Land with the best views is either already developed or held as vacant land. The
Town needs residential policies which provide for a wide range of housing types, increased
density, and maximizes use of land.
3.6.1
Residential Objectives
The objectives for the Residential designation in Norris Point are:
1) To encourage a variety of housing types, sizes and affordability levels for people at all stages
of life, abilities and income levels;
2) To ensure a high quality in residential subdivision design by encouraging comprehensive
development, open space amenities and efficient street networks;
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3) To encourage new residential subdivision opportunities in backland areas close to built up
areas of the community that can be serviced efficiently from existing water and sewer
infrastructure;
4) To ensure development in residential areas takes place in a manner that is compatible with
and complimentary to areas of existing development and established neighbourhoods.
3.6.1
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, provide a corresponding a Residential zone in the
Development Regulations which shall have the following uses:
a. Permitted Uses: Single detached dwelling; Semi-detached (double) dwelling; Subsidiary
apartment; and Uses that are permitted in all zones: conservation uses (environmental
protection and open space, parks and trails); mineral exploration that is not a
'Development' (as defined under the Urban and Rural Planning Act, 2000); public
utilities and municipal services; wharf/boathouse/slipways/breakwaters as an accessory
use to a principal use; and, Accessory Uses and Accessory Building; Home businesses
that are permitted uses in the Residential zone:
i. Professions, such as an accountant, architect, auditor, engineer, realtor,
insurance agent, planner, lawyer;
ii. Personal service that do not disrupt the residential character of the
neighbourhood, such as a hairdressing, tailor, photographer, caterer's
establishment, shoe repair, dressmaking, sewing repairs and tailor shop,
small appliance, clock/watch, bicycle, ski and snowboard and computer
repair, locksmiths, manicurists;
iii. Artisan and other home crafts;
iv. Music and dance lessons and educational tutoring;
v. Telephone and mail order business;
b. Discretionary Uses: Apartment building; Assisted Living-Residential;
Convenience store; Day Care-residential, Dormitory; Energy generating facility-
residential only; Garage, public parking, taxi stand; Garden suite; Hostel; Hotel;
Institutional; Education facilities only; Mini-homes; Motel; Non-profit housing;
Public Gathering Places-Indoor; Seasonal Residence; Short Term Residential
Rental; Supportive housing; Tiny Home; Townhouse; Transitional housing ;
Urban agriculture; Home businesses, including but not limited to:
i. Food preparation for catering services and baking;
ii. Music and dance lessons, and educational tutoring
iii. Personal service that do not disrupt the residential character of the
neighbourhood, such as a hairdressing, tailor, photographer, pet
groomer, caterer's establishment, shoe repair, dressmaking, sewing
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repairs and tailor shop, small appliance, clock/watch, bicycle, ski and
snowboard and computer repair, locksmiths, manicurists;
iv. Care services, such as child care, or home-care; and similar occupations
or businesses.
v. Art gallery and framing shop;
vi. Pet grooming services;
vii. Bed and Breakfasts;
viii. Boarding house
ix. Home care-residential
x. Furniture repair and upholstery;
xi. Sale of bedding plants and trees grown on the same lot
3) Permit the expansion of the Residential zone at end of Neddie's Harbour Road under the
following conditions:
a. Mineral Lands Division confirms that the quarry resources are no longer required
and the sites have been rehabilitated in accordance with the conditions of the
quarry permits;
b. That development permits in the area adequately address issues related to water
quality and safety due to proximity to the Town Chlorination system.
4) Restrict street access to Wild Cove Road from the Residential area located east of Wild Cove
(accessed from ) due to concerns regarding condition of the road and future impacts of
climate change on future accessibility.
5) Provide regulations for a range of accessory uses such as home-based businesses; and
ensure that the primary use of the lot remains residential;
6) Include provisions in the Development Regulations regarding alternative energy within a
built-up residential area, which shall be limited to a single energy-generation unit that
serves an individual property;
7) Require prior approval of the Department of Digital Government and Service NL for on-site
water supply and sewage disposal system for each lot for non-serviced lots, before
development permits are issued in areas where municipal services cannot be provided in an
economic manner;
8) Provide for higher density residential development;
9) Provide for seasonal/temporary employee accommodation as needed by the tourism and
health sectors in particular;
Setbacks: staggered or to complement existing structures
10) Allow for staggered setbacks or to allow the building line setbacks (building line) of new
building to complement the setbacks of existing conforming buildings on adjoining or nearby
lots on the same street and allow buildings be permitted to abut existing sidewalks.
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11) Allow for seasonal residences which, at the discretion of Council, may be subject to the
conditions applicable to Short Term Residential Rentals (see #11, below).
12) Protect the housing tock of the town from seasonal use, such as short term residential
rentals (STRR) by Council shall have the discretion to:
a. Short-Term Residential Rental (STRR) uses shall have a permit from the Town and are
only allowed as a discretionary use and where such dwelling units are well maintained
and attractive to the intended tourism accommodation use and surrounding residential
neighbourhood;
b. Neighbourhood consultation must be undertaken prior to approval of a new STRR
permit being issued;
c. All STRRs shall be licenced under appropriate provincial regulations, such as, the Tourist
Establishment Regulations including Service NL approvals and proof of appropriate
insurance coverage;
d. Every bedroom available to be rented shall have parking spaces (one for every unit);
e. A STRR is not permitted within a mobile home.
f. Council shall have the discretion to enact the following measures as needed:
i.
limit the density of a combination of Short-Term Rentals and Bed and Breakfast
operations in a neighbourhood;
ii.
a moratorium on new STRRs;
iii.
set a percentage of all housing stock that can be STRR, and when that is met
new licences will only be issued when a licence is retired;
iv.
require that STRRs must be owner-occupied (like a bed and breakfast);
v.
require that only residents of the Town of Norris Point can own a STRR
vi.
limit the number per individual;
vii.
prohibit Hotel/Motel operations from having STRRs as part of their
accommodation offerings;
viii.
Allow an Accessory Building, boat house or other structure to be used as a STRR.
Infill development
13) Allow Infill development in the residential zone only on an Infill lot which is defined as
follows: An Infill lot is a lot that does not meet the lot dimensions for the development
standards for the zone and the lot and cannot be brought into conformance because
existing development prevents the acquisition of land to bring it into conformance without
putting those adjacent properties out of conformance. Infill shall allow the following:
a. The side yards and rear yard requirements can be exchanged for infill lots only where
the adjacent development has sufficient separation to ensure that the primary buildings
on each lot are a minimum of 4 m.
b. Primary buildings on each lot are must be a minimum of 4 m apart.
Subdivision Development
14) Require residential subdivision development to have a development agreement with a
layout approved by Council. Proposed subdivisions shall be subjected to evaluation for
conformity with the goals, objectives and policies of this Municipal Plan and Development
Regulations.
15) Ensure that the developer shall be responsible for the cost of development, including all
road, water and sewer extensions. Preparation of land for subdivision development shall be
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carried out in a way that respects the environment and provides for proper site drainage,
avoids erosion does not contribute to pollution on or off site. Because mature trees prevent
erosion, shield houses from wind and blowing snow and provide aesthetic benefits,
developers shall have regard to preserving mature trees when preparing a site for
subdivision development. Council may require that the developer have an engineer or other
qualified professional assess the impact that the subdivision development may have on the
environment on site and on surrounding land and water.
Shared Driveways
16) Allow shared driveways in the Residential zone only. Standards in the Development
Regulations shall minimize liability to the Town by addressing public health and safety
access to homes for emergency services. These include:
a. A shared driveway is considered a private road and it shall not be maintained by Council;
b. No more than three properties are allowed to have a shared driveway (private road);
c. All primary buildings accessed by a shared driveway must have a street number visible
from the street in order to meet public safety and emergency requirements.
Garden Suites
17) Allow garden suites as a discretionary use in the Residential zone provided they meet the
following requirements:
a. The lot must meet the Residential development standards;
b. The garden suite can only be a maximum of 75 m2 in size;
c. The garden suite must have its own servicing either via municipal services or according
to the standards of the Department of Digital Government and Service NL;
Back lots
18) Permit residential backlot development in the Residential zone only. Land can be subdivided
for back lot development where the driveway from the street forms part of the lot. A
backlot must be:
a. located on a land behind existing development where the vacant parcel is of sufficient
size to meet the development standards for a single dwelling.
b. The development conditions regarding access width, length, and the application of the
building line, sideyard, and rearyard requirements to be specified in the Development
Regulations, include, but are not limited to:
i.
The lot must have municipal servicing where available; and where municipal
services are not available, appropriate approvals for onsite servicing must be
obtained from the Department of Digital Government and Service NL;
ii.
The development of the lot must not prejudice the use of adjoining backland.
Council shall be satisfied that the backlot development shall 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 metres from a public street for a serviced lot a 300 metres for unserviced.
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3.7
RURAL
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, fishing, 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
Rural Objectives
The objectives of the Rural zone are to:
-
Protect the rural and natural setting of the community
-
Enable natural resource industries and encourage responsible management practices to
maintain these resources;
-
Provide locations for employment-generating operations that are not compatible with
the urban core of the community;
3.7.2
Rural 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
shall allow the following uses:
a. Permitted Uses: Commercial Agriculture; Domestic Sawmill; Hobby Farm; Forestry
Activities; Mineral Working; Mineral Exploration-development; Natural Resource-
Related industries; Protective and Emergency Services; Resort; and Uses that are
permitted in all zones: conservation uses (environmental protection and open space,
parks and trails); mineral exploration that is not a 'Development' (as defined under the
Urban and Rural Planning Act, 2000); public utilities and municipal services;
wharf/boathouse/slipways/breakwaters as an accessory use to a principal use; and,
Accessory Uses and Accessory Building;
b. Discretionary Uses: Cemetery; Campground; Contractor- General; Cottage; Marina;
Public Gathering-Indoor; Public Gathering- Outdoor; Amusement Park/Attraction;
Service Station; Kennel; Solid waste recycling/disposal and composting; Veterinary
Clinic; Outdoor Market; In the Rural zone, residences are only allowed as a subsidiary
use in situations where a farm or forestry in the primary use.
3) Ensure that development of resource lands does not block future access for other future
opportunities for land use and development;
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3.8
OVERLAYS
This section outlines the requirements of provincial interests that were referenced in the
provincial Land Use Atlas and the Interdepartmental Land Use Committee report and well as
Town interests which are shown as 'overlays' on the Land Use Zoning map. They require
consideration of the Town when reviewing development in these areas.
The provincial Interests include:
1) Agricultural leases: Applications for development in the vicinity of the Agricultural leases
must be referred to the Land Stewardship Resources Division for comment.
2) 15 m Building Near Highways Referral: Within 15-metres of either side of the provincial
highway, the Town must refer development applications to the Digital Government and
Service NL Division for comment, as per Building Near Highways Regulations, 1997, Route
No. 430-15, Rocky Harbour Road from its intersection with Route No. 430 to Norris Point
Wharf.
3) Heritage Structures: These structures are recognized by the Town for their heritage
significance. Jennex House was designated as a heritage structure under the Section 200
Municipalities Act, 1999 in June 13, 2006; and the Bonne Bay Cottage Hospital was
designated in October 20, 2003. Under Section 404 (1) (g) Council may issue an Order that:
that the exterior of a heritage building or structure not altered in accordance with a permit
be restored as required by the council;
4) 300 m Mineral Working Referral Buffer: These are shown on the Land Use zoning map and
any applications for development within the 300 metre buffer must be referred to the
Mineral Lands Division. In consultation with the Mineral Lands Division, where the municipal
authority is satisfied that the mineral working shall not adversely affect the specified
adjacent use or natural feature, mineral working may be permitted closer than the
minimum separation distance or buffer specified. By allowing the municipality to waive pre-
set separation distances where it is satisfied there shall be no adverse effect provides for
greater flexibility in selecting sites where mineral workings may be permitted. Where
mineral workings are proposed within a specified distance of a specified adjacent use or
natural feature that may be adversely affected by the mineral workings, special conditions
should be applied to mitigate, reduce, limit, or eliminate the anticipated negative effects.
Also, 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 buffer is reduced to less than the required distance due to encroachment of
development or zoning boundaries towards the mineral working.
5) Survey Control Monuments: There are approximately 11 survey monuments in the
municipal planning area for the Town of Norris Point. The Town shall contact the GIS and
Mapping Division ([email protected]) if works within the Town have the potential of
disturbing an existing Control Survey Markers. The markers shall be indicated on the KML
(Google Earth) version of the Land Use Zoning mapping in order to facilitate referral to the
GIS and Mapping Division.
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6) Climate Change Hazard Line (4-metre contour): Development below the 4-metre contour is
potentially vulnerable to coastal erosion and/or storm surge damage; therefore, Council
shall require a geotechnical assessment to be prepared by a certified qualified professional
to determine and certify that appropriate structural design and other mediations have been
applied due to the elevation of the proposed built form and the elevation of developable
lands below the 4-metre contour.
The Town Interests include:
7) Dam Break Rainy Day-Inundation Area - with Breach: Based on flood mapping provided by
the Department of Environment and Climate Change, Council wishes to protect future
development with the following policy: The Town of Norris Point shall prohibit new
structures as development within the area identified for flooding risk by the 'Dam Breach-
Rainy Day-Inundation Area' overlay on the Land Use zoning map and shown on the Annex to
the Land Use zoning map.
8) Marine Heritage: To develop and protect the structures in key waterfront areas, such as
Wild Cove and the east corner of the Neddie's Harbour area, it is the Town's policy to
require that architectural standards shall be considered by Council when evaluating
development proposals.
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4.0 COMPREHENSIVE POLICIES
This chapter outlines the policies which apply throughout the Municipal Planning Area.
4.1
PROVINCIAL AND FEDERAL INTEREST POLICIES
Notwithstanding the requirement set out in 4.2 (13) that the Municipal Plan and Development
Regulations are subject to all relevant Federal and Provincial legislation, regulations, policies and
guidelines. It is the policy of Council to incorporate Federal and Provincial Government
requirements from the Interdepartmental Land Use Committee report provided by the
Department of Municipal and Provincial Affairs as well as, information obtained from the Land
Use Atlas managed by the Surveys and Mapping Division into the Municipal Plan. This
information shall be incorporated into the Development Regulations as conditions and,
wherever appropriate, as a Land Use Map Overlay.
Applicants are responsible to ensure that all appropriate federal and provincial permits and
approvals have been secured prior to the use and/or development of land within the Municipal
Planning Area. Council does not assume responsibility for administration of provincial or federal
statutory requirements..
4.1.1 Climate Change Division, Department of Environment and Climate Change
It is the policy of Council to take into consideration available data regarding provincial climate
change projections for Deer Lake (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, for example:
-
On a 24-hour basis, a I-in-IOO year storm is expected to bring 113 mm of precipitation by
mid-century, an increase from the current climate's 85 mm (32% growth); and
-
On a 12-hour basis, a I-in-IOO year storm is expected to bring 92 mm of precipitation by
mid-century, an increase from the current climate's 70 mm (31% growth).
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 shall
be considered when allocating land for future developments that are in close proximity to a
river, floodplain or coastline;
Development below the 4-metre contour is potentially vulnerable to coastal erosion and/or
storm surge damage; therefore, Council shall require a geotechnical assessment to be prepared
by a certified qualified professional to determine and certify that appropriate structural design
and other mediations have been applied due to the elevation of the proposed built form and the
elevation of developable lands below the 4-metre contour.
4.1.2 Crown Land Administration Division, Department of Fisheries, Forestry and
Agriculture
It is the policy of Council to require that:
1) the use of Crown land is subject to the Town of Norris Point Municipal Plan and
Development Regulations, including zoning and permitting requirements.
2) approvals must be obtained from the appropriate Regional Lands Office, Government of
Newfoundland and Labrador; applications are made to the Regional Lands Office.
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3) Crown land applications must be approved by the Council regarding the use and
development of the land prior to approval for issuance of title by the Lands Branch of the
Government of Newfoundland and Labrador.
4.1.3 Digital Government and Service NL (DGSNL)
It is the policy of Council to require:
1) compliance with Department of Digital Government and 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 licence; 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 shall provide greater detail
on: on-site services, highway signs; building accessibility; access to highways.
2) a permit for erection or display of advertisement on Provincial Highways shall be obtained
from the Government Service Centre. This requirement applies within a control line
established on each side of every highway. According to section 5, the control lines extends
400 metres from the centerline of the road expect within an incorporated municipalities
where the control line extends 100 metres from the centerline. A permit is required from
both DGSNL and the Town under the Highway Sign Regulations, 1999, as per Appendix D
(103) - Route No. 430-15, Rocky Harbour Road from its intersection with Route No. 430 to
Norris Point Wharf.
4.1.4 Fisheries and Oceans Policy Division, Department of Fisheries, Forestry and
Agriculture
It the policy of Council to:
1) protect coastal areas from future developments that have the potential to impact the health
of surrounding marine habitat.
2) avoid the spread of Aquatic invasive species (AIS) including European Green Crab, the Town
of Norris Point shall consult Fisheries and Oceans Canada for guidance on preventing the
spread of AIS when restoring wharves and building marinas. The Town shall 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.
4.1.5 Fisheries and Oceans Canada
It is the policy of Council to:
1) For any work conducted in or near water, the Town shall consult with Fish and Fish Habitat
Protection Program, Fisheries and Oceans Canada to determine potential impacts and
mitigative measures regarding fish and fish habitat. A 50 metre buffer is required for referral
to the Department of Fisheries and Oceans.
4.1.6 Forestry Division
It is the policy of Council to indicate that Forestry activities are:
i.
a permitted use in the Rural zone;
ii.
a discretionary use in the Environmental Protection and,
iii.
a discretionary use in the Protected Water Supply zone subject to referral to the Water
Resource Management Division.
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4.1.7 Environmental Assessment, Department of Environment and Climate Change
It is the policy of Council to review applications regarding requirements for registration for an
Environmental Assessment review under Section 28 of the Environmental Protection
Regulations, 2003.
4.1.8 GIS & Mapping Division, Department of Fisheries, Forestry and Agriculture
It is the policy of Council to indicate Control Survey markers on the Future Land Use and Land
Use zoning maps. Council shall inform the GIS and Mapping Division when a proposed
development is proposed in the vicinity of a survey Control Monument.
4.1.9 Land Resources Stewardship Division, Department of Fisheries, Forestry and
Agriculture
It is the policy of Council to indicate the following requirements in the Development
Regulations:
1) Commercial agricultural use is a permitted in the Rural zone;
2) The Town shall ensure that existing agricultural operations must not be negatively impacted
by proposed future development and sufficient area must be protected to allow for future
expansion.
4.1.10 Mineral Lands Division, Department of Industry, Energy and Technology
Geological Hazards
1) It is the policy of Council to by reducing the risk of inundation related to sea level rise, the
following measures shall be applied, all new development shall be restricted to areas at
least 4 metres above the high tide mark, and at least 30 metres inland from the edge of
coastal cliffs, banks, and waterways.
2) It is the policy of Council to prohibit development in areas with excessive slopes, or on lands
susceptible to erosion. In areas designated for development; Council shall require that
proposed development or backfilling on steep slopes (particularly slopes >15%) shall be
evaluated by a qualified professional to assess the risk for slope movements (e.g., landslide,
rockfall), particularly in areas of thick tilt or other unconsolidated materials.
Quarries
It is the policy of Council that:
3) residential development shall not be allowed to encroach on the areas identified with
aggregate potential by the Mines Branch, particularly within the 300 m quarry referral
buffer;
4) applications for development within the 300 m Quarry referral buffer, which is shown as a
Land Use Overlay on the Land Use zoning map, must be referred to the Mineral Lands
Division for comment prior to approval.
Mineral Exploration
It is the policy of Council that:
5) Mineral exploration that is not a development is allowed as a permitted use in all zones;
6) Mineral exploration that is a development may be allowed as a discretionary use in zones as
identified on the Land Use Tables (Refer to Chapter 3);
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7) Incorporate development requirements regarding potential mining into the Development
Regulations;
8) Mineral working is a permitted use in areas zoned 'Rural'.
Removal of Quarry materials, site grading, soil deposit
It is the policy of Council that:
9) 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, reclamation, and removal and deposit of
material or grading requires a development permit under these Development Regulations.
10) Removal or deposit of soil, topsoil, sods, or the excavation and removal of excavated
material or grading requiring a development permit, must meet the following conditions:
a. land intended for the activity or grading has a slope of less than 25%;
b. resulting slopes are stable and without hazards;
c. 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;
d. drainage must be provided to the satisfaction of Council and shall be designed so as
not to impair existing surface drainage nor to create erosion either on the site or on
adjacent sites; The above requirements may be incorporated in a grading plan
11) Development is restricted in environmentally sensitive areas such as steep slopes, and areas
prone to landslides and rockfall;
12) For approved developments where the extraction of quarry materials is occurring or may be
expected occur, the Town shall 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.
4.1.11 National Codes and Regulations
It is the policy of Council that:
1) 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.
4.1.12 Newfoundland and Labrador Hydro- Easements
It is the policy of Council that:
1) Any development in the vicinity of the NL Hydro easements or structures must be referred
to NL Hydro and other utilities to ensure that there are no conflicts. The Town shall consult
NL Hydro for all development applications at the time the application is made to the Town.
Requests for access roads underneath transmission lines must be made to NL Hydro.
4.1.13 Parks Canada, Gros Morne National Park
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It is the policy of Council that:
Council shall continue to consult and work with the managers of Gros Morne National Park to
ensure that development within the Town contributes to the preservation of the ecological
integrity of the Park. Applications for development within the Town that could have an impact
on the park shall be forwarded to Parks Canada for review and comment prior to consideration
by Council. Any development, including resource uses that involve clearing land or extensive
removal of tree cover located within 300 metres of the joint boundary of the Town and Gros
Morne National Park, shall be referred to Parks Canada for review and comment prior to Council
consideration of the application. Council may refuse development where it is determined to
have an adverse impact on the ecology or ecological integrity of the Park.
4.1.14 Pollution Prevention Division, Department of Environment and Climate Change
It is the policy of Council that the following regulations apply in the Municipal Planning Area:
1) Waste Disposal and Litter (Environmental Protection Act, 2002, Part IV)
a. Waste receptacles shall be installed at all active areas for use by workers.
b. All waste material shall be considered, prior to disposal, for reuse, resale or
recycling.
c. 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.
2) Air Quality Management (Environmental Protection Act, 2002, Part VI )
a. All activities associated with this proposal are subject to Air Pollution Control
Regulations, 2004;
http://assembly.nl.ca/Leqislation/sr/regulations/rc040039.htm.
b. Schedule E of the regulations prohibits the open burning of tires; plastics;
treated lumber; asphalt and asphalt products; drywall; demolition waste;
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.
3) Pesticides (Environmental Protection Act, 2002, Part IX)
a. All pesticide purchase, storage, and use is subject to compliance with the
Pesticides Control Regulations, 2012,
http://assembIy.n!.ca/LeaisIation/sr/regulations/rc120026.htm. 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).
b. 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.
4) Storage and Handling of Gasoline and Associated Products (Environmental Protection
Act, 2002)
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a. 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,
http://assembly.nl.ca/Leqislation/sr/requlations/rc030058.htm.
b. 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 at 709-772-2083 or 1-800-563-9089.
c. Oils, greases, diesel, gasoline, hydraulic and transmission fluids should be stored
at least 100 m from any body of water. Re-fuelling and maintenance activities
should also occur at least 100 m from any body of water and on level terrain.
d. An environmental emergency contingency plan must be developed for alt
storage tank systems. This plan details information regarding the location of spill
response equipment and a trained contractor, in the event of a spill.
5) Used Oil (Environmental Protection Act, 2002; Used Oil Control Regulations)
a. The proponent shall maintain constant compliance with the Used Oil Control
Regulations, http://assembly.nl.ca/LeqisIation/sr/requlations/rc020082.htm.
b. 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.
6) Halocarbon (Environmental Protection Act, 2002; Halocarbon Regulations)
a. Any use of regulated substances, for example in fire suppression systems,
associated with the proposed activity is subject to the Halocarbon Regulations,
http://assembly.nl.ca/Leqislation/sr/regulations/rc050041. htm.6.5.10
4.1.15 Provincial Archaeology Office
It is the policy of Council to require that:
1) If an archaeological site or artefact is discovered during development of a property, the
development shall stop and Council shall 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. Any accidental discoveries of historic
resources shall also be reported by the Town to the Provincial Archaeology Office.
2) Where archeological resources are discovered, known to exist, or there they are likely to
exist based on location or historical evidence, applications for development shall be
forwarded to the Provincial Archaeology Office, Department of Tourism, Culture, Arts and
Recreation for review to determine if a Historic Resources Impact Assessment or other
legislated review is required under the Historic Resources Act, 1990. Council or the
Provinces Archeology office may require an assessment, and assessments directed by
council, at the expense of the applicant, shall be reviewed by the Provincial Archeology
Office. Council may, at their discretion unless directed by the Provincial Archeology Office or
other Provincial Department, apply conditions for the protection and preservation of any
archaeological resources.
3) Before approval is granted for a major development such as a subdivision or a new
commercial or public building, the application shall be referred to the Provincial
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Archaeology Office for comments. Where any public works project or development disturbs
undeveloped ground, Council may refer the project or development to the Provincial
Archaeology Office, Department of Tourism, Culture, Arts and Recreation for review and
consideration under the Historic Resources Act.
4.1.16 Water Resources Management Division, Department of Environment and
Climate Change
It is the policy of Council to:
1) protect rivers, streams, ponds, wetlands, riparian areas, and shorelines by ensuring
conformance with requirements of the Water Resources Management Division of the
Provincial government under the Water Resources Act, 2002 and the Environmental
Protection Act, 2002 including Policy Directives:
a.
W.R.91-1-Infilling Bodies of Water;
b.
W.R. 97-1-Development in Shore Water Zones;
c.
W.R. 97-2-Development in Wetlands;
d.
Guidelines for the Construction and Maintenance of Wharves, Breakwaters,
Slipways and Boathouses; and,
e.
Environmental Control Water and Sewage Regulations, 2003 for any effluent or
runoff from a site.
2) ensure conformance with requirements of the Water Resources Management Division of
the provincial government regarding development within or adjacent to a Watercourse or
Wetland, the following applies:
3) require a Section 48 permit under the Water Resources Act, 2002 administered by the
Water Resource Management Division of the Department of Municipal and Provincial
Affairs, and compliance with departmental policy is required, for:
a.
Any infilling work within 15 metres of a body of water; and,
b.
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);
4) Require a Non-Domestic Water Use Permit from the Water Resource Management Division
of the Department of Municipal and Provincial Affairs is required before construction and
for all existing, new or planned water use from any water source;
5) Restrict on-site sewerage disposal systems by prohibiting them within 30 metres from a
waterbody or watercourse;
6) Ensure any new residential development or treatment systems connecting to the municipal
water and sewer system obtains approval under Section 36 and 37 of the Water Resource
Act, 2002.
4.1.17 Wildlife Division, Department of Fisheries, Forestry and Agriculture
It is the policy of Council to:
1) protect general wildlife habitat and landscape connectivity, the Town shall require the
following measures when reviewing applications in the vicinity of waterbodies:
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a. a riparian buffer of 30 metres minimum undisturbed natural vegetated along
wetlands and waterbodies (ponds, rivers, creeks etc.) or more for riparian areas
near agricultural areas as recommended by the Wildlife Division;
b. green belts connected to forested areas or other habitat patches to create wildlife
travel corridors;
c. indicate a minimum percentage of forest to be maintained during lot clearing;
2) require that vegetation clearing shall be done outside the May 01 to July 31 period, to
minimize disturbance during that sensitive breeding/ young rearing,.
3) require that before any construction/development occur in the vicinity of rare plants, the
Town shall contact the Wildlife Division to determine whether any mitigations are required
for the following rare plants (as identified under the Endangered Species Act, 2001): One
species has been found in open forest (mix of spruce and fir), in a partly blowdown site; this
site is located east of Main Street, Norris Point and north of Neddie's Harbour. The second
species has been found in open rock outcrop near the shore along the Norris Point Trail.
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4.2
GENERAL DEVELOPMENT POLICIES
The following policies apply throughout the Norris Point Municipal Planning area (Section 13 (2)
2) of the Urban and Rural Planning Act, 2000.
IT IS COUNCIL POLICY TO:
Administration of the regulations
2) Establish a Municipal Plan which applies to the Town of Norris Point Municipal Planning area
for a period of 10 years as required by Section 13 (2) (g) of the Urban and Rural Planning Act,
2000;
3) 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 shall
address: when a permit is required, the requirements for all applications, discretionary use
applications and planned unit development applications, and the obligations of the
applicant and Town in the application process in the application process; Council shall
establish through the development regulations process and typologies of development
approvals and permits and corrections of error, revocation and refusal of permits;
4) Provide development standards for planned unit development in the Development
Regulations. A planned unit development may 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 planned development may be treated
as a single development where services are to be provided and maintained privately and
internally. It must front on to a publicly maintained 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;
5) Set out provisions in the Development Regulations for: variances (Section 36 (1) (B) Urban
and Rural Planning Act, 2000 and Sections 12 and 13 of the Minister's Development
Regulations 3/01), non-conforming use (Section 108 of the Urban and Rural Planning Act,
2000; and Sections 12 and 13 of the Ministers Development Regulations 3/01), and the
amendment process for the Municipal Plan and/or Development Regulations as per the
Urban and Rural Planning Act, 2000 and Minister's Development Regulations 3/01.
6) 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, deferment of an application, written reasons for refusal, and the
responsibility to inform applicants of the appeal process; Notice requirements for a change
in non-conforming use, discretionary use, planned unit development, planning impact
analysis or any other notification requested at the discretion of Council; the requirement of
a briefing session at the discretion of Council;
7) In considering an application for a permit to carry out development, take into account the
policies expressed in the Municipal Plan and any further scheme, plan, or Regulations
pursuant thereto, and shall assess the general appearance of the development of the area,
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the amenity of the surroundings, availability of utilities, public safety and convenience, and
any other considerations which are, in its opinion, material, and notwithstanding the
conformity of the application with the requirements of these Regulations, Council may, in its
discretion, and as a result of its consideration of the matters set out in these Development
Regulations, approve with conditions or refuse the application;
8) Refuse development that is premature, or that adds unnecessary financial burden to the
Town where public costs exceed public benefits.
9) Set out special conditions for development in the Development Regulations such as planned
unit developments, Development Agreements, Planning Impact Analysis, and Service levies;
The Town shall Town to enter into agreements for new developments involving the
subdivision and/or consolidation of lands for development. Such agreement shall be
negotiated between the developer and the Municipality for financing and development of
services provided to the site, constructed to municipal standards and consistent with the
policies of this Plan and the Development Regulations; Council may when necessary require
permits for development to be released in a phased manner in compliance with applicable
development agreements and/or performance standards applied to any approval;
10) 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;
11) Set out the enforcement authorities in the Development Regulations;
12) Specify requirements for a Planned Unit development application;
Land Use Zones and Policies
13) Set out the land use zones indicating permitted and discretionary uses including uses
permitted in all zones, as well as development standards for the zone; and indicate
provincial interest overlays and requirements; including interpretation of the Land Use
Zoning mapping and associated Use Zone tables; and general provisions regarding the
protection of traditional trails, views, naturals features and public access to the shoreline
(Refer to 3.3.1 (5);
Compliance with federal and provincial regulations
14) Set out that that the Municipal Plan and Development Regulations shall be subject to all
relevant Federal and Provincial legislation, regulations, policies and guidelines which are
enforced by these agencies; notwithstanding this requirement, the Development
Regulations shall incorporate specific compliance requirements as set out in Section 4.13-
Provincial and Federal Interests and requirements;
15) For land use and development within the Municipal Planning Area boundary, the
Development Regulations must state the responsibilities of the Town or the applicant with
regard to compliance with the policies of the Municipal Plan and the conditions and
standards set out in the Development Regulations;
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General Development Policies
16) Require that development shall laid out and designed in a manner that:
a. Is compatible with the neighbourhood; ,
b. minimizes potential nuisance factors such as, the impact of traffic, noise,
lighting, and signage on adjacent residential areas. Where necessary, screening
shall be required through the provision of trees, shrubs, banks and berms,
landscaping or fencing;
c. reduces light pollution and control sky glow and light pollution from external
lighting by requiring that exterior lighting on buildings and properties be
directed down and into the property to prevent excessive spill light into
adjacent dwellings or land use;
d. protects the natural environment of a development site, including non-removal
of trees and vegetation and that Council may require environmental studies to
be carried out prior to development at Council discretion;
e. minimizes the need for buffers or separation distances; however, Council may
require these measures to ameliorate potential conflict;
17) No lot shall be reduced in area, either by the conveyance or alienation of any portion
thereof, such that:
a. the lot area, frontage, front yard, rear yard, and side yards are less than the
minimums permitted by these Regulations for the zone in which such lot is
located; and
b. the lot coverage of all buildings exceeds the maximum permitted by these
Regulations for the zone in which such lot is located.
18) Provide standards and conditions regarding building design and town character, including,
and landscaping in the Development Regulations; Council to encourage the retention of the
style, size, scale, colour and form of buildings in Norris Point, the preservation of heritage
structures. When reviewing applications for development, Council shall consider whether
the proposed development is complementary to surrounding buildings in terms of size,
scale, style and form.
19) 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;
20) Require that all development must front on to a publicly maintained road (Provincial or
Municipal) and have independent, approved access except for the following exceptions: (1)
a development within a Planned Unit Development where there may be an internal road
plan (which shall be set out in the Development Regulations); however, the Planned Unit
Development must front onto a publicly maintained road; and (2) natural resource uses and
associated industries, i.e., agriculture, forestry, mineral working, etc. (3) remote cabins
which, by definition, have no road access; and recreational cabins in the Rural zone which
are located on resource roads which may not be publicly maintained;
21) Ensure that the Development Regulations contain provisions storm water management and
surface drainage to protect adjacent properties, wetlands and waterbodies, with relevant
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referrals to the Water Resources Management Division and consideration of green
approaches, where practicable.
22) Council may, for a development not involving a subdivision, require a portion of the land to
be developed to be conveyed to the Town for a public purpose where public works are
required to accommodate the proposed development. Ownership of new streets and
service infrastructure shall be required to be transferred, at no cost to the Municipality
upon satisfactory completion.
23) Include requirements for adequate off-street parking, loading, and safe access to the street
in the Town's Development Regulations;
24) Include standards and conditions in the Development Regulations pertaining to the design
and location of signs and advertisements.
25) Include lot standards and siting, Civic numbering, in the Development Regulations;
26) Address the conditions required for multiple uses on one lot;
Growth Management
27) Ensure fiscally responsible development by requiring new development to be located in
areas that can be easily serviced from existing water and sewer infrastructure and provide
more flexible standards for infill development.
Subdivision for Future Development
28) Provide requirements for the subdivision of land and the standards of development,
including a Subdivision Agreement, permit requirements, financial requirements including
fees and securities, design standards and provide for engineering standards and
requirements, in the Development Regulations in order to achieve compliance with the
policies of the Municipal Plan;
29) Require a permit from Council for all subdivision of land;
30) For subdivision development with 5 lots or more, a Subdivision Plan must 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 planned unit development 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;
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, groundwater assessments where onsite wells are used for
water, storm runoff management, and sanitary waste 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.
31) Ensure that the local transportation system adequately and safely provides access to meet
the needs of residents and businesses;
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32) Include Section 37 of the Urban and Rural Planning Act, 2000 which allows Council 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 pre-development value of the land which may
otherwise be required to be dedicated.
Municipal Services and Public Utilities
33) Set out requirements regarding municipal services and public utilities, such as accesses and
streets, , storm water management, effluents, on-site serving, environmental investigations,
parking and loading, and signs.
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5.0
IMPLEMENTATION
5.1
DEVELOPMENT REGULATIONS
In order for the Town of Norris Point to achieve the vision, objectives, and policies articulated in
their Municipal Plan, the Council needs to:
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Adopt Development Regulations as a tool for administration and implementation;
Council through the Municipal Plan shall adopt development regulations and implement
Land Use Zoning consistent with the Land Use Designations and Policies established
under the Municipal Plan;
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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.
Development Regulations are one of the main vehicles through which Municipal Plans are
implemented. The Town shall review, revise, and adopt Development Regulations pursuant to
Section 35 of the Urban and Rural Planning Act, 2000.
5.2
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.
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.
The procedure for an amendment only to the Development Regulations is set out in the
Development Regulations.
5.3
REVIEW OF THE MUNICIPAL PLAN
The Council for the Town of Norris Point shall 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