Town of North River Municipal Plan — full text

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TOWN OF NORTH RIVER MUNICIPAL PLAN . MPORTANT: To see if there were any changes to this plan since it came into effect, please refer to: List of Municipal Plan Amendments COMMUNITY OF NORTH RIVER MUNICIPAL PLAN 1996 - 2006 Prepared for the Community of North River by the Uroan and &ral Planning Division Department of Municipal and Provincial Affairs Government of Newfoundland and Labrador JUNE 1996 NOTICE of ADOPTION Resolved, pursuant to section 15 of the Urban and Rural Planning Act, that the Council of th Community of North River adopt the Munidpal Plan which is attached hereto and is impn ed with the Seal of the Council, signed by the Mayor, and certified by the Clerk. Resolved further, pursuant to section 17 of the Urban and Rural Planning Act, that the Co cil apply to the Minister of Municipal and Provincial Affairs for the setting of the time and plac of a Public Hearing to consider objections or representations to the Municipal Plan. Proposed by:{l~ 4, 4.,£,,yJ ~ / - f SEAL and SIGNATURE Signed and sealed pursuant to section 15 of the Urban and Rural Planning Act this fi.. day of Od · , 1996. SEAL CLERK'S CERTIFICATE Certified that the attached Municipal Plan is a co"ect copy of the Municipal Plan ado ed by the Community of North River on the 'I- ;s. day of tJc..~ , 1996. NO'flCE of APPROVAL I, Arthur D. Reid, Minister of Municipal and Provincial Affairs, under and by virtue of the ower conferred by the Urban and Rural Planning Act hereby approve the North River Mu · ipal Plan 1996-2006, adopted by the Community Council of North River on the ay of , 1996. +Q., Dated at St. John's this I B day of D e:c...~M.ISGIL , 1996. Anhur D. Reid, M.H.A Carbonear-Harbour Grace District Minister of Municipal and Provincial Affairs 1 2 3 TABLE OF CONTENTS Page INTRODUCTION 1.1 Foreword .. , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.1.1 Municipal Planning in Newfoundland and Labrador . . . . . . . . . . . . . . . . . . 1 1.2 Summary and Conclusions of Background F'mdings . . . - - - . . . . . - - . - . - - - - . . . . 4 MUNICIPAL PLAN 2.1 The Future Community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . 7 2.2 Planning Goals .. .. . .. .. .. .. . . . .. .. .. .. .. .. .. .. .. . .. .. .. . .. .. . .. .. . 7 23 Policy Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2.5.1 General Development ..............-..................-......-- 8 2.53 Mixed Development , ..................... , . . . . . . . . . - . . . . . . . - . 10 2.5.5 Rural and Resource .. . . . - .. . .. . . - . .. . .. .. . . . - .. . .. . . . .. .. .. .. 12 IMPLEMENTATION 3,1 Administration and Development Regulations ....................-....... 17 3.2 Development Control ...............................-....-....... , , 20 33 Capital Works Program - . . . . . . . . . . . . . . . . . . . . . . . - . . . . - . . . . . . . . . . . . - . . 20 3.4 Amendment and Review of Plan . .. .. .. .. .. . .. . . . . .. .. . . . .. . . . . .. .. .. . 21 River Municipal Planning Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . - . . . . . 6 North ver Municipal PIBn 1 1.0 INTRODUCTION 1.1 FOREWORD The North River Municipal Plan is comprised of a series of policy statements about futu land use in the community based on information compiled in the Background Report. The utlines the goals, objectives and policies of Council regarding the development of the Mun· ipal Planning Area over the next ten years. The policies are statements by the Community regar ing how it intends to guide and regulate development. Future Land Use Maps at the back of th report show the locations of the various categories of land use. Any development to take pla within the planning area from the date upon which this Plan has been approved by the Mini ter of Municipal and Provincial Affairs must comply with applicable policies of the Plan. The following brief summary of Municipal Planning Legislation and procedures is inte ed to assist Council in understanding and using its Plan. Details are contained in the Urb n and Rural Planning Act. 1.1. Planning in Newfoundland and Labrador The Municipal Plan This Municipal Plan has been prepared in accordance with the requirements of Section 14 the Urban and Rural Planning Act, following surveys and studies of land use, population th, the local economy, present and future transportation needs, public services, social These studies and surveys are included in The Background 2 North River Municipal an The Plan describes the goals, objectives and policies of Council regarding the development of the Municipal Planning Area for the next ten years. The Municipal Plan s a formal statement of policy on land use, a device to facilitate communication between Cou ell and community members, and a framework for decision-making. The North River Munic al Plan consists of two parts: the written texts in which the goals, objectives and policies are set out and the Future Land Use Maps which illustrate the allocation of land into various land se categories. Ministerial Approval When the Municipal Plan is formally adopted by resolution of Council under Sec on 15(1) of the Act, two copies must be impressed with the seal of the Council and signed by e mayor. Council must then give notice of a public hearing on the Municipal Plan, and its intention to seek the approval of the Minister of Municipal and Provincial Affairs by publis a notice to that effect in the Newfoundland Gazette, and in the newspaper circulating in e community. At the Public Hearing the Commissioner appointed by the Minister will h objections and representations, and subsequently forward to the Minister a written together with copies of all evidence taken at the Hearing. After the Public Hearing is concluded and the Commissioner's report has been sub mi the Council must apply to the Minister for approval of the Municipal Plan. The Minis requires two copies of the Municipal Plan certified correct by the Clerk of the Council, a of the adopting resolution and of all written objections and representations considered at e Hearing. On receipt of this material, the Minister may approve the Municipal Plan, with without modification, or may disapprove it and order that a new Municipal Plan be p-repi!J'di Upon approval, the Minister will endorse a copy of the Plan and return it to Council. Wi ten days of receipt of the final approval by the Minister, the Council must publish a notice approval in the Newfoundland Gazette and in a local newspaper. North River Municipal Plan 3 The FJfect and Variation of the Municipal Plan When a Municipal Plan comes into effect it is binding upon Council and upon all other s, corporations and organizations. The Plan must be reviewed by Council at the end of five years from the date on which it comes into effect and, if necessary, revised to take acco nt of developments which can be foreseen during the next ten-year period. The Municipal Plan may at any time be amended in whole or in part for just cause by ting the process with which it was adopted and approved. Municipal Plan Administration When a Municipal Plan comes into effect, Council is required to develop regulations for the ntrol of the use of land in strict conformity with the Municipal Plan, in the form of Land Use zoning, Subdivision and Advenisement Regulations, otherwise known as Development Reg ations. The Regulations are prepared at the same time the Municipal Plan is drafted, and are ased on Standard Provincial Regulations prepared by the Provincial Planning Office. The day to day administration of the Municipal Plan, and subsequent Development Reg lations, is implemented by staff authorized by Council. Council staff have the duty of issu· g all necessary permits approved by Council and making recommendations to the Council rdance with the Municipal Plan policies and implementing regulations regarding all dev lopment in the Municipal Planning Area. Development Schemes At any time after the adoption of the Municipal Plan, the Council can prepare and adopt De lopment Schemes under Sections 30, 31, and 32 of the Urban and Rural Planning Act for 4 the purpose of carrying out specific proposals described in the Municipal Plan. A Develop ent Scheme may enable the municipality to acquire, assemble, consolidate, subdivide and se or · lease land and/or buildings which are necessary to carry out provisions of the Municipal P an. Council may reserve land for future acquisition as the site of any public roadway, or building, or for a school, park or other open space, and may make such agreements owners of the land as will permit its acquisition and use for those purposes. Council may specify the manner in which any particular area of land is to be used, subdivided or develo and may regulate the construction of buildings which would interfere with any develop project. Development Schemes are prepared and approved in exactly the same way as e Municipal Plan and when approved, form part of that Plan. 1.2 SUMMARY AND CONCLUSIONS OF BACKGROUND STUDIES North River is a residential community in close proximity to the Town of Bay Robe , which contains most of the area's commercial establishments. It is unlikely that North Ri er will attract any significant numbers of commercial or business ventures. Therefore the b t planning strategy is to enhance the residential qualities of the existing Community. Another conclusion reached by the Background Report was the expected lack of fut re growth in the community. It is important to plan for limited growth, however, and there still areas within the community boundaries where this growth could take place. Because North River is an area with good mineral aggregate potential, it is important to develop guidelines for mineral workings or policies to prevent any gravel extraction, depend· g on Council's needs, Nort.la _. Muaicipal Plaa 5 Finally, there are plans to eventually supply water and sewer to the Community of North River once Clarke's Beach is supplied with services. However, the Council of North River woul like to keep its options open concerning the supply of services. The Community may opt to co tinue using septic systems because of the high cost of water and sewer servicing, and becau of the higher taxes that would have to be collected to finance the servicing debt. 6 North River Munidpal North River Municipal P1a1111m1 Area COMMUNl'IY OF NORTH RIVER Municipal Planning Arca Bound ry 1994 04 Grid ~ North Sc e 1:50,000 North ver Municipal Plan 7 2.0 MUNICIPAL PLAN . 2.1 THE FUTURE COMMUNITY The purpose of the Municipal Plan is to provide a guide for growth in the municipality and control the type and form of development over a ten year period. The Plan, which estab shes a systematic pattern for future growth and development to enhance the social, and economic well-being of residents, achieves this by dividing the Planning Area into of complementary land uses or zone designations. The Municipal Plan attempts to guide development within land use designations by ting activities that have conflicting requirements and functions. It is not the intent of this segregate land uses for the sake of segregation but for the purpose of preventing conflicts n groups of activities and reserving land for its potential best use. Development is ultim tely controlled for the good of the entire community and for future generations. 2.2 GOALS, OBJECTIVES AND POLICIES The Municipal Plan goal and objectives express Council's aim for the future form of the Mun ipal Planning Area. They represent a framework for the long and short term development of th Municipal Planning Area, upon which the Plan's policies will be based. Pia - g Goal - To maintain and improve the economic, ecological and social health of the community by establishing a policy framework to guide Council's decisions regarding the location of land uses, the provision of municipal services, the protection of the environment, and other matters relating to the growth and development of the Municipal Planning Area. 8 North River Municipal Ian General Objectives - To protect existing and future development from land use conflicts. - To adopt Development Regulations to implement the Municipal Plan. 2.3 POUCY STATEMENTS The following policies express a course of action or intention adopted by Council, for the entire time frame of this Municipal Plan. All development within the North River Pl g Area shall be managed in accordance with the following general land use policies d designations. The Future Land Use Maps in the Appendix establish the pattern of develop in conjunction with the land use policies. 2.3.1 General Development Background The following policies are general in scope and can be applied to all development wi the Planning Area. In specific circumstances they may apply to different sections of e municipality. A. Objective: To provide a framework for development throughout the Municipal PlannilJlg Area. (1) Policy: To provide sufficient areas for development and redevelopment that m the future needs of the community, the following land use areas are established in e Plan and designated on the Future land Use Maps in the Appendix. Mixed Development Rural Nortb ver Municipal Plan 9 (2) Polley: No development shall be carried out within the Planning Area, except in accordance with this Plan and the accompanying development regulations, unless a permit for the development has been issued by Council. (3) Policy: All development,must have proper road access, and building setbacks from public roads shall be provided in accordance with the development regulations. (4) Policy: The boundaries between types of land use portrayed on the Future Land Use maps are general only and, except in the case of roads or other physical barriers, are not intended to define exact limits. Therefore, minor adjustments may be made to these boundaries for the purpose of implementing the Plan. (5) Policy: Nothing in the Plan shall affect the continuation of a use which was legally established on the day that this Plan was approved by the Minister of Municipal and Provincial Affairs. Where a building or use exists which does not comply with the intent of the Plan and the designated use, then it shall not be substantially expanded. Minor extensions may be approved provided there will be no adverse effects on surrounding properties or the environment. B. 1ective: To protect and enhance the environment. (1) Policy: Development in proximity to any watercourse or waterbody shall be subject to the requirements of the Department of Environment and Labour. (2) Policy: A 30 mette protective buffer of undisturbed soil and vegetation shall be retained along the shoreline of North River to prevent erosion, retain natural drainage features, prevent siltation, preserve natural amenity, provide public access and protect 10 North River Municipal an fish habitat. A 15 metre protective buffer shall be maintained along the shoreline o all other waterbodies. (3) Polley: Plans for any activities that have the potential to affect fish habitat sh uld be forwarded to Fisheries and Oceans Canada for review. (4) Polley: There are areas of land within the planning area which are consid environmentally and hydrologically sensitive areas. In these areas, protective rather development measures must take priority. These areas can be grouped into na drainage routes, flood plains, areas of steep terrain and unstable slopes, wet! shoreline frontage and coastal areas. These areas need to be protected and reserv the interest of public safety and well being. C. Objective: To protect archaeological resources. (1) Polley: Archaeological sites and discoveries are protected under the Hisi ric Resources Act, 1985. If such a site is discovered, development shall stop and e Historic Resources Division of the Department of Tourism, consulted. (2) Policy: Council shall refer any applications involving substllntial excavation or extensive site disturbance to the Historic Resources Division of the Department of Tourism, Culture and Recreation prior to issuing a development permit. 2.3.2 Mixed Development Background Housing is the major land use in North River and will remain so during the plan peri . Most of the housing in North River is scattered along the river. There are a number of 11 unity facilities such as churches, the community hall and All Hallows Elementary school, loca amongst the dwellings. Several small businesses serving the local residents are estab shed in North River. The area designated Mixed Development reflects the traditional pattern of development River while maintaining the residential character of the community. Single and double dw ngs shall be permitted. Some types of commercial and public uses may be permitted in to optimize utilization of the community land base and to maintain a viable combination of co patible land uses. A. jective: To ensure an adequate supply of housing sites to meet community needs. (1) Policy: Single and double dwellings shall be permitted in the Mixed Development designation. Council may consider other types of housing, on a scale and at a concentration which preserves the low density character of existing neighbourhoods and promotes a similar character in newly developing areas. B. bjective: To provide for the health and safety of residents and visitors. ( 1) Policy: An adequate level of all community services and facilities shall be provided at each stage of community development, including police and fire protection, public health facilities, a water supply and distribution facility, sanitary sewerage, roads and pedestrian ways, schools, parks and refuse disposal. C. bj ective: To provide for the continuation of the traditional mix of residential, co ercial, and public buildings. 12 North River Municipal Ian (1) Policy: In the Mixed Development designation, residential uses shall be the predominant use. Commercial, small scale industrial, public and recreational uses ay be accommodated where not in conflict with a residential use. (2) Policy: Permitted uses in the Mixed Development designation shall be single d double dwellings. Compatible or complimentary uses may be permitted at Coun · 's discretion including: assembly uses such as halls, schools and restaurants; higher den ity residential uses; retail and service facilities; and service stations, workshops and o light industrial uses. D. Objective: To maintain residential amenity. (1) Policy: Development shall be sited and carried out in a manner that provides or proper site drainage, avoids erosion at levels below the site, and does not contribu pollution of existing, low lying wet areas and bogs. All new dwellings and o development in residential areas shall front on publicly-maintained streets which appropriate standards to be established by Council. (2) Policy: To preserve the large lot residential environment and to provide for e long-term operation of on-site septic systems and private wells, the minimum residen al lot size shall be 2787 square meters. (3) Policy: Adverse effects of any proposed development on the adjacent exis · g residential uses shall be prevented or minimized through proper site planning d buffering. (4) Policy: Access points to the public street shall be limited in number and prope y designed, in order to keep the street safe and efficient for both vehicles and pedes · s. North ver Municipal Plan 13 (5) Policy: All development shall have adequate frontage on a publicly maintained road, incorporate necessary off-street parking and loading facilities, and be serviced with municipal water where available. (6) Policy: Council shall require adequate off-street parking for each development. 2.3.3 Rural and Resource Bae round The Rural and Resource Designation includes the remainder of the planning area that is not i entified for urban use or open space. Natural resources such as forest, blueberry areas, and ndeveloped land have a significant economic and recreational value and are important unity resources. It is important to make optimum use of natural resources such as rry harvesting while, at the same time, attempting to preserve, protect and enhance the environment. bjective: To provide land that may be used for the existing and future outdoor tional needs or the community. (1) Policy: Permitted uses shall be those related to outdoor recreation, such as parks and playing fields, and building designed for such activities. (2) Policy: Structures associated with an outdoor recreation use shall be designed and located in order to preserve the natural amenities of the area. 14 North River Municipal Ian (3) Policy: The development and operation of recreation facilities shall not im se adverse effects on adjacent residential and other uses in tenns of noise, traffic, and h rs of operation. B. Objective: To protect natural resources Crom development that may adversely af their future utilization or enjoyment and to ensure the optimum utilization or these oat I resources. (1) Policy: The uses permitted in rural areas include agriculture, forestry, fis g, recreational open space, conservation, cemeteries, public utilities and antenna. At Council's discretion, uses related to the permitted activities, such as rural resou ce industries, accessory dwellings and open-air assembly uses may be permitted. (2) Policy: Council may also permit aggregate extraction in rural areas. Separa on buffers shall be established around all aggregate extraction operations to protect th m from conflicting land uses. (3) Policy: The location and operation of permitted Rural Resource uses, particular regard for the proximity of residential development to any Bluebe Management Areas or aggregate extraction operation, shall be subject to standards to e determined by appropriate government agencies. (4) Policy: Council may issue permits for summer cottages, provided such uses extensively removed from the centre of town to prevent year round occupancy and e density of development is controlled so as to prevent environmental damage and the n to provide municipal services. North ·ver Municipal Plan 15 (5) Policy: Agriculture and forestry management and harvesting shall conform to the regulations and guidelines of the Department of Forestry Resources and Agrifoods and any regulations and conditions prescribed by Council. (6) Policy: Residential development shall not be permitted in the Rural and Resource Zone unless needed for the continual on-site supervision of a permitted and established operation, and then only at the discretion of Council. (7) Policy: The Authority may attach conditions to development approval for any permitted Rural use, where appropriate. C. bjective: To protect the route of the Conception Bay North Bypass Road. (1) Policy: In order to preserve the route of the proposed Conception Bay North Bypass Route, no development shall be permitted in proximity to the proposed bypass right-of-way without approval by the Department of Works, Services and Transportation. 16 North River Municipal Ian 3.0 17 LEMENTATION The North River Municipal Plan provides the basis from which all development within ning Area will be controlled and monitored. The Municipal Plan must be implemented s of the regulatory powers conferred upon Council by section 36 of the Urban and Rural ng Act and other such statutes, enabling legislation and programs as are applicable. Coun il will implement the Municipal Plan by establishing and adopting a set of Land Use -"!21llQg...>!.l!lmi:~2!L-i!lll!..A!!mIIBWllfil-1:>.!.&llllUlii mnl:.s. The Plan must serve as a continuing refer nee and guide to Council and its officials in order to achieve the goals, objectives, policies and ograms which it contains. The preparation, adoption and approval of this Municipal Plan represents only a part of the p anning process. The Plan is not an end in itself and does not have any purpose without bein implemented. Furthermore, the Plan cannot implement itself and can be functional and effec ·ve only through Council's actions and efforts to carry it out. In order to implement this Plan, Council must take the necessary action, as required by the rban and Rural Planning act and outlined below: i) Prepare, adopt and request the Minister of Municipal and Provincial Affairs to approve Development Regulations. ii) Control future development by enforcing the Development Regulations and the policies of this Plan. iii) Undertake a municipal program of water servicing geared to the availability of community resources and financial assistance from the higher levels of government. 18 iv) Prepare and adopt development schemes for any area when and if the n their development arises. v) Make necessary amendments on the Plan when conditions of the comm 'ty change, and undertake a review of the Plan every five years. 3,1 Administration and Development Regulations For the purpose of administering the Plan, Council will proceed to establish and a opt Land Use Zoning, Subdivision and Advenisement Regulations pursuant to Section 37 of the Urban and Rural Planning Act. The Development Regulations will be drawn up in s · ct conformity with the objectives and policies of the Plan, and will contain general land regulations designed to control the use of all land within the Planning Area. also constitute the legal device for implementing the Plan. Land Use Zoning. Advertisement and Subdivision Regulations to be administered d enforced by Council shall include: i) The powers of Council, including rules and administrative procedures gove g Council's consideration of, and decision on, planning applications. ii) Rules and administrative procedures for appeal boards. iii) General development standards for all zones. iv) Regulations governing advenisements. North ver Municipal Plan 19 v) Regulations governing the subdivision of land, covering but not limited to, subjects such as services to be provided, building lines, public open space, and design standards. vi) Definitions of key words and phrases to be used in the interpretation of the Regulations. vii) Classification of land and building uses to be used, in a Use Zone Table. viii) Tables tailored specifically for each use zone, listing the permitted and discretionary uses and -the standards and _conditions for development in each specific zone. ix) Use Zone Maps dividing the Planning Area into zones corresponding with the use zone tables. Zoning is essentially a means of ensuring that the future land uses and development are in formity with the Municipal Plan, that they are properly situated in the community, and that they do not conflict with or adversely affect neighbouring uses. It attempts to provide adequate sp for each type of development. It directs new growth into appropriate areas and protects ng property by requiring that development afford adequate light, air and privacy for persons and working within the community. Zoning also allows for the control of development ty in each area so that property can be effectively serviced by such public facilities as , schools, utilities, municipal and recreational facilities. Subdivision regulations, on the other hand, govern the development of areas larger than indi idual building lots for residential or other purposes. They prescribe standards for street 20 improvements, lot siies and lot layouts, procedures for dedicating land for public purposes, d other necessary requirements. Existing development which does not conform to the land use designations in this Ian may continue in this non-conforming use subject to limitations on enlargement. A conforming use may be changed to another use only if the new use is deemed more compa with surrounding properties and the Plan policies. 3.2 DEVEWPMENT CONTROL All persons, groups, or organizations wishing to develop land for any purpose shall a to Council for permission on the prescribed form. Council shall examine the application on e basis of the Regulations, which reflect the policies and proposals of the Municipal Plan, and ay approve the application, approve it with conditions, or refuse it. Any applicant who is dissatisfied with the decision of Council may appeal to the appropriate appeal board. All applications to Council must include a sketch plan of the proposed developm indicating as accurately as possible the location of the development, the proposed use of e lands and the location of existing and proposed buildings or structures. Applications development in areas under the control of other government departments as well as Coun · , shall be referred to the concerned agency for review. 3.3 CAPITAL WORKS PROGRAM In compliance with the Municipal Grants Act, and in order to ensure that adequate fu ds are available at the appropriate time to implement each feature of the Municipal Plan, Cou shall prepare and submit annually to the Department of Municipal and Provincial Affairs a fi - year forecast of anticipated capital expenditure requirements. North ver Municipal Piao 21 The realization of many of the goals contained in the North River Plan is brought about throu h a definite allocation of development funds for the most important projects. Through the devel pment of a project time frame and cost schedule, Council can allocate funds for these proj ts and remain within the financial capabilities of the community. Since conditions in the Community may change during the Plan period, Council may amen this Plan at any time by following the same procedures which brought the Plan into effec . Any such amendment shall be read together with and form part of this Plan.