Port au Port East, Newfoundland and Labrador
· adopted 2022-10-28
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URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO ADOPT
TOWN OF PORT AU PORT EAST MUNICIPAL PLAN, 2022-32
Under the authority of section 16 of the Urban and Rural Planning Act, 2000, the Town
Council of Port au Port East adopts the Town of Port au Port East Municipal Plan, 2022-
32.
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Adopted by the Town Council of Port au Port East on the__ day of
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Canadian Institute of Planners Certification
I certify that the attached Town of Port au Port East Municipal Plan, 2022-32 has been
prepared in accordance with the requirements of the Urban and Rural Planning Act,
2000.
MCIP/FCIP:
Andrew C. Smith, MCIP
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URBAN AND RURAL PLANNING ACT, 2000
RESOLUTION TO APPROVE
TOWN OF PORT AU PORT EAST MUNICIPAL PLAN, 2022-32
Under the authority of sections 16, 17 and 18 of the Urban and Rural Planning Act,
2000, the Town Council of Port au Port East:
1. Adopted the Port au Port East Municipal Plan, 2022-32 on the S +vi day of
:Jld ff. J d-o ;;__ J-...... ;
2. Gave not:
of the adoption of the Port au Port East Municipal Plan, 2022-32 by
way of an advertisement inserted in the Wesrr ( '·cxu .;- ?t/;fe newspaper on
the!_,b i-~ay of £u I ff ) d-Od-.ci
and on the ~.t-iday of
.J 012 d,O 'J-,,J.,
; and
3. Set the ~
day_of
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at 7
; 0 0 p.m. at the
{j_u-J ti OJ/2c;.e
in the Towl of Port au Port East for the holding of a
public hearing to consider objections and submissions.
Now, under section 23 of the Urban and Rural Planning Act, 2000, the Town Council of
Port au Port East approves the Port au Port East Municipal Plan, 2022-32 on the __2_
~ay of fi4j I w+, di o ol J..
as
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Signed and sealed this 3_ day of ~- ,,;., cl 0 .2.J-
1
Mayor:
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Clerk:
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Canadian Institute of Planners Certification
I certify that the attached Town of Port au Port East Municipal Plan, 2022-32 has been
prepared in accordance with the requirements of the Urban and Rural Planning Act,
2000.
MCIP/FCIP:
Andrew C. Smith, MCIP
Municipal Plan/ Amendment
REGISTERED
Number 3ifO- 2022 - DOO
Date
20 O?:f. 2-02-2-
Signature ~
ao,(AA.Mi,_ ✓
Section A: Plan Framework .................................................................................................................................................. 2
A.1 Purpose and Contents .............................................................................................................................................. 2
A.2 The Planning Process ............................................................................................................................................... 4
Section B: Plan Direction ...................................................................................................................................................... 7
B.l Municipal Plan Goals and Oojectives ....................................................................................................................... 7
B.2 Land Use Goals, Policies and Proposals .................................................................................................................... 8
B.2.1 Overall Development Strategy ......................................................................................................................... 8
B.2.2 Legal Non-Conforming Uses .......................................................................................................................... 16
B.2.3 First Nations ................................................................................................................................................... 18
B.2.4 Public Streets and the Subdivision of Lands .................................................................................................. 20
B.2.5 Public and Safety Emergency Services ........................................................................................................... 25
B.2.6 Public Utilities ................................................................................................................................................ 30
B.2.7 Hinterland Areas ............................................................................................................................................ 33
B.2.8 Residential Uses ............................................................................................................................................. 35
B.2.9 Community Growth, Sustainability, and Economic Development.. ............................................................... 38
B.2.10 Protection of the Natural Environment ....................................................................................................... 42
B.2.11 Open Space and Recreational Uses ............................................................................................................. 48
B.2.12 Archaeological and Historical Sites .............................................................................................................. 52
B.2.13 Signs ............................................................................................................................................................. 53
Section C: Implementation ................................................................................................................................................ 58
C.1 Overview ................................................................................................................................................................ 58
C.2 Administration of Plan and Regulations ................................................................................................................. 58
C.2.1 Division of Powers .......................................................................................................................................... 58
C.2.2 Public Consultation and Participation ............................................................................................................ 59
C.2.3 Development Review and Approval Process ................................................................................................. 59
C.2.4 Performance-based Discretionary Decision-making ..................................................................................... 60
C.2.5 Professional Advice and Certification ............................................................................................................ 60
C.3 Recommended Studies and Initiatives ................................................................................................................... 62
C.4 Municipal Land Assembly Program ........................................................................................................................ 62
C.5 Municipal Capital Works and Budgeting Program .................................................................................................. 63
Appendix A: Amendments ................................................................................................................................................. 64
Appendix B: Future Land Use Classes and Use Zones ....................................................................................................... 65
Appendix C: Performance-based Rubric ............................................................................................................................ 66
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Town of Port au Port East
Municipal Plan (2022-32)
Page 1 of 70
Note: Italicized words are defined in the 'Development Regulations (2022-32)'
The 'Town of Port au Port East Municipal Plan (2022-32)' (henceforth the Plan) is the legal document
for guiding the future of the Town between 2022 and 2032. The Plan strives to manage growth and
development; promote economic development through supporting the local economy; and protect the
character of existing neighbourhoods, the natural environment and drinking water supplies.
The Plan is guided by the overarching goal and objectives (subsection 'B.1 Municipal Plan Goal and
Objectives'). These provide the context for the detailed land use subsections (subsection 'B.2 Land Use
Goals, Policies and Proposals'). Each subsection contains a guiding goal, general policies and specific
proposals of Council to give effect to the Plan. The 'Town of Port au Port East Development Regulations
(2022-32)' (henceforth the Regulations) contain the detailed development provisions required to
implement the Plan. The relationship between the Plan and Regulations is shown in 'Illustration 1:
Municipal Plan and Development Regulations Framework.'
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Town of Port au Port East
Municipal Plan (2022-32)
Page 2 of 70
Illustration 1: Municipal Plan and Development Regulations Framework
Municipal Plan Goal and Objectives
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"------La_n_d_u_se_G_o_a_is ___
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/
Land Use Policies
Land Use
Proposals
Developmept
R gulations
(Part II)
Municipal Plan
(Part I)
The Town's Municipal Boundary (henceforth MB), or commonly referred to as Town limits, extends
approximately 4km east-west from the western limits of the Gravels Beach to Romaine's River; and
extends approximately 7km south-north along Route #462 (Hynes Road / Point au Mal Road) to Smelt
Brook. The Town's southerly boundary is the coastline along Bay St. George and the westerly boundary
is the coastline along Port au Port Bay (East Bay). The Town's Municipal Planning Area (henceforth
MPA), for which the Plan and Regulations apply, is the same as the MB (see 'Illustration 2: Municipal
Planning Area (MPA)'). The area of the MPA is approximately 25km2- The Plan and the Regulations apply
to all public and private freehold lands within the MPA.
Town of Port au Port East
Municipal Plan (2022-32)
Page 3 of 70
Under the Urban and Rural Planning Act, 2000 (henceforth the Act), Council must review the Plan every
five (5) years from the date on which it came into effect; and if necessary, revise the Plan to reflect
changes in the community that can be foreseen during the next ten (10) year period. In response to
new development proposals or changes to community and Council priorities, policies or proposals, the
Plan may be amended as necessary prior to the legislative review period. Such amendments must
follow the process outlined under section 25 of the Act (see 'Appendix A: Amendments' for the current
list of legally enacted amendments to the Plan and Regulations).
A.2 THE PLANNING PROCESS
1
The process to develop a new Municipal Plan takes place in several steps as shown in 'Illustration 3:
Planning Process.' The first step, 'Research & Analysis,' involves researching all relevant planning issues,
including a review of current land use, demographics, and economic data; and gathering the most
recent mapping and aerial imagery for the Town. The research also involves assessing other initiatives,
reports, and studies; and, where appropriate, incorporating them into the Municipal Plan. The
1
Section revised from Town of Norman's Cove- Long Cove, Municipal Plan 2012-2022, Subsection 1.5, Registration
#3500-2013-006, Gazette Date August 2, 2013
Town of Port au Port East
Municipal Plan (2022-32)
Page 4 of 70
summary of this step is compiled in the associated Background Report, which was submitted to Council
for review prior to the development of this Plan.
The second step involves 'Stakeholder & Public Consultation.' The Plan is community-based and must
involve residents at a collaborative level in order to be relevant and effective. The document strives to
reflect the open and democratic process of planning, incorporating the input and views of residents and
community stakeholder groups. The Plan is meant to articulate a harmonized vision and direction in
which t he residents wish to see the Town progress over the next ten (10) years.
The summary of this step is compiled in the Public Participation Report. The Report summarizes t he
various public participation strategies that were implemented in order to garner feedback from
residents and community stakeholder groups. Strategies that were implemented include a community-
wide survey, pop-up booth, stakeholder group interviews and questionnaires, and public meetings.
ll/ustration 3: Planning Process
~o ..
Research &
Analysis
Assessment of current
planning contexts, uses, ond
interests; review of post
townscape and development
studies; ond assembly of GIS
mopping data
- - -
,,, ..
Stakeholder &
Public Consultation
Consultation with residents,
provincial agencies, regional
authorities, and community
stakeholder groups "
..
Draft Plan &
Mapping
Formulation of the broad
goal and objectives of the
Municipal Plan; development
of the policies and proposals
of Council; and drafting of
the Development
Regulations to implement
the Municipal Plan
-
t6 .. 0
Plan
Review
Department of Municipal
ond Provincial Affairs reviews
the Municipal Plan for
conformity with provincial
interest, low and policy;
Council adopts the Municipal
Plan and schedules a public
hearing
Municipal Plan
Approved
Council considers the
Commissioner's report from
the public hearing and
approves the Municipal Plan;
Department af Municipal
and Provincial Affairs reviews
the Municipal Plan for
registration requirements
In accordance with section 15 of the Act, the draft Municipal Plan is submitted to the Minister of
Municipal and Provincial Affairs for review to ensure that the document conforms to provincial interest,
law and policy. Following the completion of the provincial review, Council may by resolution formally
adopt the Municipal Plan in accordance with section 16 of the Act. Council may then give notice of
adoption and tentative public hearing (section 17 of the Act). If t he public hearing proceeds, a
Commissioner, who is appointed by Council, shall hear objections and representations at the hearing
and will follow up with a report to Council. The report must contain a recommendation with two copies
of evidence taken from the hearing (section 22 of t he Act).
After the Commissioner's report has been submitted, Council considers the recommendation and may
approve the Plan, table the Plan, or approve the Plan with changes recommended by the
Commissioner. If approved, Council must then submit the Municipal Plan and Development Regulations
to the Minister of Municipal and Provincial Affairs to be registered in t he planning registry established
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Town of Port au Port East
Municipal Plan (2022-32)
Page 5 of 70
by the (section 24 of the Act). The Municipal Plan comes into effect on the date that the notice of its
registration is published in the Newfoundland and Labrador Gazette (subsection 24(3) of the Act).
Town of Port au Port East
Municipal Plan (2022-32)
Page 6 of 70
. -
.
B.1 MUNICIPAL PLAN GOALS AND OBJECTIVES
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The overarching goal of this Plan is to facilitate a sustainable, safe, and healthy Town in which to work,
play, and rest.
The broad objectives of this Plan are to:
(a) Facilitate and maintain the established residential and rural character of the community;
(b) Support growth and development that is consistent with community values;
(c) Ensure land is used and developed in an environmentally responsible manner;
(d) Promote a healthy community that engages in active recreation and active transportation;
(e) Protect environmentally sensitive areas;
(f) Help support and protect First Nations' history, culture, and traditional land use activities;
(g) Recognize the traditional variety and mix of land uses, while separating incompatible uses and
minimizing the potential for land use conflicts;
(h) Support the revitalization of a healthy resource-based economy;
(i) Promote economic diversification;
(j) Protect existing and potential future surface and groundwater resources;
(k) Encourage a development pattern that will minimize future servicing needs and costs;
(I) Promote the utilization and upkeep of existing and proposed public infrastructure;
(m) Direct development away from areas that pose a risk to public health and safety, or where
property may be damaged; and
(n) Encourage the provision of areas for public open spaces and park uses.
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Town of Port au Port East
Municipal Plan (2022-32)
Page 7 of 70
The goal and objectives reflect Council's priorities for the future development of the MPA. The
objectives provide a reference for those who administer and enforce the Plan, and to use when making
land use decisions.
B.2.1 OVERALL DEVELOPMENT STRATEGY
ls.2.1.1 Overview
The overall development strategy addresses the future distribution and form of development within the
MPA. A central thrust of the Plan and Regulations is to guide development in a manner that is
compatible with existing neighbourhoods and avoids or minimizes negative land use impacts. Negative
land use impacts include the creation of hazards or nuisances such as noise, dust, odour, vibration, or
light pollution. Much of the guiding direction of the Plan-as outlined through the following land use
goals, policies and proposals-revolves around this theme.
The overall development strategy also addresses the need for an efficient development pattern that
promotes active living and active transportation, but reduces overall resources and costs for
transportation, public and safety emergency services. However, Council understands that facilitating an
efficient development pattern must be balanced with the existing residential rural character of the
Town. On the whole, the municipality is characterized by a low density, rural residential development
pattern which allows for residents to maintain and enjoy the best of both rural and residential living.
The policies and proposals in the Plan are thus supportive of facilitating an efficient development
pattern, but are not overly restrictive in preventing the expansion of all development activities into
greenfield, hinterland areas of the MPA.
B.2.1.1.1 Future Land Use Classes and Implementing Use Zones
To achieve the overarching goal and objectives of this Plan, the MPA is divided into three (3) future land
use classes on the Future Land Use Classes Map ('Schedule A: Future Land Use Classes Map'). The
'Conservation (C)' future land use class is designated to protect environmentally significant and
sensitive features. This includes areas such as the Southern Limestone Barrens (i.e. Pine Tree area),
southern coastline along Bay St. George, coastline adjacent to the Gravels Beach along Port au Bay Bay
(East Bay), buffer along Romaine's River, and steep slopes. The 'Water Supply (WS)' future land use class
is designated to protect the Town's water supply, including the provincially designated 'Wellhead
Protected Water Supply Area (WPWSA)' and surface water reservoir, 'Protected Public Water Supply
(PPWS).' All remaining lands are designated 'Development (D)' to allow the creation of a wide range of
uses, which include agricultural uses, commercial uses, industrial uses, institutional uses, residential
uses, resources uses, and transportation uses. The policies, proposals, and Regulations give more
structure and direction to these three (3)future land use classes.
Despite the three (3) future land use classes and associated policies and proposals, select use groups,
use divisions, and uses may be created in any future land use use class. Examples include, but are not
Town of Port au Port East
Municipal Plan (2022-32)
Page 8 of 70
limited to, public utilities, park uses, mobile and transient uses. Although these uses may not necessarily
be allowed in any use zone, allowing their creation affords Council with the flexibility to amend the
Regulations (e.g. considering a rezoning request) without amending the Plan to allow specific uses in
appropriate circumstances.
The future land use classes shall be implemented by six (6) initial use zones: 'Community Development
(CD)', 'Residential (RES)', 'Rural (R)', 'Conservation (C)', 'Water Supply (WS)', and 'Industrial (IND)'. As per
subsection 13(2)(c) of the Act, these six (6) uses zones shall only contain permitted and discretionary
uses that are afforded by their parent future land use class. The 'Conservation (C)' and 'Water Supply
(WS)' future land use classes have use zones which by and large mirror corresponding lands and allowed
uses. The future land use classes and subsidiary use zones are summarized in table format in 'Appendix
B: Future Land Use Classes and Use Zones.'
The 'Development (D)' future land use class contains the CD, RES, R, and IND use zones, in which
permitted and discretionary uses vary considerably. This gives Council increased flexibility in amending
the Regulations for specific development proposals (e.g. rezoning), as opposed to having to
concurrently amend the Plan. (Amending the Regulations is a more streamlined legislative process
compared with amending the Plan; and does not require initial review by the Department of Municipal
and Provincial Affairs or a public hearing presided over by a Commissioner.) The IND use zone is, at the
initial Gazette date of the Plan and Regulations, set up as a floating use zone mainly allowing industrial
uses and is not yet applied to any lands within the MPA. The intent of the IND use zone is to potentially
rezone future lands for industrial use development. This form of rezoning may be driven by an industrial
developer applying for a specific industry proposal within the MPA, which may have an adverse impact
on the community given the established rural residential character of the Town.
The broad 'Development (D)' future land use class also allows the creation of a new use zone to
accommodate a specific development proposal that is not allowed under the respective use zone. For
example, as opposed to rezoning from RES to CD to allow a gas station (discretionary use), a new use
zone (e.g. CD-1) may be created to allow only the proposed use in the new CD-1 use zone. This restricts
the potential for other high impact land uses to be approved and developed on the subject lands in the
future.
Efficient Development Pattern
A low density development pattern, in which buildings, structures, and associated uses are few in
number but are widely spread apart, is very costly in terms of:
(1) providing public services such as water, road maintenance, snow clearing, parks upkeep, and
solid waste collection;
(2) providing safety emergency services such as fire, ambulance, and police services; and
(3) overall transportation costs, presently borne by each resident (e.g. private motor vehicle travel
or taxi, since there is no public transit options for residents).
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Town of Port au Port East
Municipal Plan (2022-32)
Page 9 of 70
In order to facilitate an efficient development pattern, future development should be encouraged to
locate primarily in the existing built-up area of the Town, which is the portion of the community
extending northward along Route #462 (Hynes Road / Point au Mal Road} to the Ski Pine Tree site,
westward along Route #460 (Main Road} to t he Gravels Beach, and eastward along Route #460 to
Romaine's Farm. This area possesses the highest residential densities and bulk of infrastructure and
serviced public streets. This area also contains the core institutional and open space uses of the Town,
including the Town Office and Fire Hall, Twilight 50+ Club, St. James Anglican Church, Maria Regina
Catholic Church and Parish Hall, St. Thomas Aquinas K-8 School with Port au Port Library (regional}, Port
au Port Tourist Information Centre (regional}, and Dan Mcisaac Baseball Field & Walking Track.
Active Living and Transportation
As the population ages, active living and active transportation will become increasingly important and
relied upon by seniors and other residents on fixed incomes. An efficient development pattern provides
opportunities for residents to visit friends and family in close proximity to their homes, and to walk to
stores and services. Facilitating opportunities for active living and active transportation will also help
promote the overall health and well-being of residents and the Town as a whole.
Residential Rural Lifestyle and Development
Council recognizes that many residents enjoy living in the Town because of the residential rural lifestyle
it affords (i.e. offering the best of both residential and rural living). Many residents prefer to live in low
density residential areas where they are in a more natural environment and are distanced from
surrounding land use activity. Despite the promotion of an efficient development pattern in the central
area of the Town, compatible development of an appropriate use and scale may be considered in
appropriately designated areas on the Future Land Use Classes Map. Where areas are not appropriately
zoned to accommodate a proposed use and development, the proposal may be considered through the
Regulations amendment application process (i.e. rezoning process).
Having a rich history in farming and understanding the need for community self reliance and
sustainability, Council also recognizes the importance of promoting agricultural uses throughout the
Town. The promotion of agricultural uses must be balanced with mitigating or eliminating the potential
for negative land use impacts on adjacent properties. It is thus the intent of Council t o categorize
various agricultural uses into sub-uses within the Regulations, which may be allowed in various use
zones (i.e. listed as permitted or discretionary uses), depending on the nature, scale, and potential for
land use nuisance relating to each development.
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Town of Port au Port East
Municipal Plan (2022-32)
Page 10 of 70
jB.2.1.2 Goal and Policies
............................................................................................................................
I it is· .. ;··;;;;·;f···c;~~;;j··~·;···;·~·;d~···d~·~~·;;~·;;;~~·;··i'~ the Municipal Planning Area that is compatible with i
I existing neighbourhoods, minimizes or avoids negative land use impacts, and facilitates an efficient i
i.develop"!.~~.t. .. ~.~.1:.:.r.~
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...................................... ·········"···············-········ .. -·-······················· .. ···························· .. -········· .. ········ .. -··· .. -·-···································································
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8.2.1.2 (1) Facilitate development t hat is compatible with the character of existing neighbourhoods and
minimizes or avoids negative land use impacts on existing, established land uses. Negative land use
impacts include the creation of hazards or nuisances such as, but not limited to, noise, dust, odour,
vibration, or light pollution.
8.2.1.2 (2) Guide future development in the Municipal Planning Area through the establishment of
future land use classes designated on the Future Land Use Classes Map.
8.2.1.2 (3) Despite policy B.2.1.2 (2), allow select use groups, use divisions, and uses to be made in any
f uture land use class in the Municipal Planning Area.
8.2.1.2 l4) Give priority to infilling vacant land, currently serviced by public water and fronting onto
existing public streets, over the development of new municipal streets and infrastructure.
8.2.1.2 (S) Promote a compact and efficient development pattern within the central portion of the
Municipal Planning Area, in order to promote active living and active transportation and to reduce the
overall costs of transportation, public and safety emergency services. This area is generally defined as
the existing built-up part of the Town extending northward along Route #462 (Hynes Road / Point au
Mal Road) to the Ski Pine Tree site, westward along Route #460 (Main Road) to the Gravels Beach, and
eastward along Route #460 to Romaine's Farm.
8.2.1.2 (6) In order to facilitate an efficient development pattern as per policy B.2.1.2 (5), encourage
new residential, commercial, and institutional uses to locate within the central portion of the Town.
8.2.1.2 (7) Allow compatible developments of an appropriate use and scale t hroughout the Municipal
Planning Area.
8.2.1.2 (8) Support and encourage the development of agricultural uses throughout the Municipal
Planning Area. In accordance with the specific proposals under subsection B.2.1.3, which are based on
potential for land use impact and location within the Town, various types of agricultural uses may be
created in their respective future land use classes.
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Town of Port au Port East
Municipal Plan (2022-32)
Page 11 of 70
jB.2.1.3 Proposals
It is a proposal of Council to:
B.2.1.3 (1) Adopt land use policies and proposals and implementing Regulations that facilitate
development that is compatible with the character of existing neighbourhoods and minimizes or avoids
negative land use impacts on existing, established land uses.
B.2.1.3 (2) Designate and divide land in the Municipal Planning Area into three (3) future land use
classes.
In accordance with subsection 13(2)(c) of the Act, the following tables outline the main uses that may
be made in each future land use class (i.e. included as permitted or discretionary uses in the use zone
tables under subsection 'E.2 Use Zone Regulations' of the Regulations). Uses that are not included in
the main uses category shall constitute prohibited uses that cannot be made in any use zone within the
respective use class. If a use is cross-referenced in 'Appendix C: Use Category Table' of the Regulations,
it may be created under the respective use group or use division (e.g. warehouse/indoor storage is
listed under both commercial and industrial use groups).
(a) Development (D): This future land use class is designated to facilitate a wide range of uses
throughout the existing developed and rural, undeveloped areas within the Municipal Planning Area.
Development (D) i. Use Groups
ii. Use Divisions
iii. Uses
Main Uses
(al Agricultural
(N/Al
(N/Al
(bl Commercial
(cl Industrial
(d) Institutional
(e) Residential
(fl Resource
(g) Transportation
As of the initial Gazette date of the Plan and Regulations, the following use zones are seated under the
'Development (D)' future land use class: 'Community Development (CO)', 'Residential (RES)', 'Rural (R)',
and 'Industrial (IND).' This future land use class does not preclude the creation of new use zones that
contain the uses listed under the 'Development (D)' table above and/or the uses listed under the 'All
Areas within MPA Table' under proposal B.2.1.3 (3).
Town of Port au Port East
Municipal Plan (2022-32)
Page 12 of 70
(bl Conservation (C): This future land use class is designated to protect sensitive environmental features
and to allow certain open space uses, and other select uses.
Conservation (C) i. Use Groups
ii. Use Divisions
iii. Uses
Main Uses
(a) Open Space
(N/A)
(N/A)
As of the initial Gazette date of the Plan and Regulations, only the 'Conservation (C)' use zone is seated
under the 'Conservation (C)' future land use class. This future land use class does not preclude the
creation of new use zones that contain the uses listed under the 'Conservation (C)' table above and/or
the uses listed under the '.All Areas within MPA Table' under proposal B.2.1.3 (3).
(c) Water Supply (WS): This future land use class is designated to protect the Town's water supply,
including the provincially designated 'Wellhead Protected Water Supply Area (WPWSA)' and surface
water reservoir, 'Protected Public Water Supply (PPWS).'
Water Supply (WS)
i. Use Groups
ii. Use Divisions
iii. Uses
Main Uses
(N/A)
(N/A)
(a) Open Space -
Interpretation - Area of
Natural, Historic, or Scientific
Interest
(bl Open Space - Park-
Public (Passive Only)
(c) Open Space - (N/A) - a
Water Supply
(d) Sign -(N/A) - Facial Wall
Sign
(e) Sign - (N/A) - Ground
Sign
(f) Utilities - (N/A)-Access
(Governmental Only)
(g) Utilities - (N/A) - Public
Utilities
(h) Utilities - (N/A) - Street
(Public Only)
As of the initial Gazette date of the Plan and Regulations, only the 'Water Supply (WS)' use zone is
seated under the 'Water Supply (WS)' future land use class.
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B.2.1.3 (3) Despite proposal B.2.1.3 (2) and excepting the Water Supply (WS) future land use class, the
following uses may be made throughout the Municipal Planning Area in any future land use class.
All Areas
i. Use Groups
ii. Use Divisions
iii. Uses
withinMPA
Main Uses
(al Open Space
(al Agricultural - Small Scale
(al Commercial/Industrial/Resource -
(bl Sign
(bl Resource - Earth Exploration
(N/Al -Warehouse/Indoor
(cl Utilities
Storage
(bl Commercial/Institutional - (N/Al -
Special Function Tent
(cl Commercial - (N/Al -Vending
Facility
(dl Institutional - Educational -
Mobile Educational/Instructional
Use
(el Institutional - (N/Al -
Government Use
(fl Institutional - Services - Safety
Emergency Services
(gl Transportation - (N/Al - Marina
(hl Transportation - (N/Al -
Transportation Hub
B.2.1.3 (4) Where on the Future Land Use Classes Map the use class boundary is uncertain, interpret
the boundary as to follow t he Municipal Planning Area, street line, easement, right-of-way, trail,
walkway, nearest cliff edge adjacent to a watercourse or ocean coastline, or outermost reach of a
watercourse where no discernible cliff edge is present.
B.2.1.3 (S) Facilitate a mix of compatible developments of appropriate use and scale along Route #460
(Main Road), extending westward t o the Gravels Beach and eastward along Romaine's Road; and along
a portion of Route #462 (Hynes Road/ Point au Mal Road), extending southward to the intersection of
Route #460 and northward to the Ski Pine Tree site. This shall be implemented through the application
of a mixed-use, 'Community Development (CD)' use zone. This proposal shall not limit the location of
the future application of the CD use zone. Uses allowed in the CD use zone shall include commercial
uses, institutional uses, residential uses, and other select uses. Residential uses with ~40Us shall be
listed as permitted uses, whereas higher density uses (~SDUs) shall be listed as discretionary uses.
Depending on the nature, scale, and compatibility of other uses in the 'Development (D)' future land
use class under proposal B.2.1.3 (2) (a), they may be listed as either permitted or discretionary uses in
the CD use zone.
B.2.1.3 (6) Allow development in the hinterland areas in the northern and interior portion of the
Municipal Planning Area through the application of 'Rural (R)' use zone. The R use zone shall include
select, low density residential uses, agricultural uses, resources uses, and other compatible uses of a
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rural nature. Except for low density residential uses, uses allowed in the R use zone generally require an
expanse of land to help mitigate potential land use conflict. Depending on the nature, scale, and
compatibility of other uses in the 'Development (D)' future land use class under proposal B.2.1.3 (2) (a),
said uses may be listed as either permitted or discretionary uses in the R use zone.
B.2.1.3 (7) AQQly the 'Residential (RES)' use zone to existing residential neighbourhoods and areas
planned for residential expansion during the lifespan of this Plan. Generally speaking, the RES use zone
is applied to residential areas off of provincial Route #460 (Main Road) and Route #462 (Hynes Road /
Point au Mal Road), along local streets owned and maintained by the Town. Despite this, the RES use
zone is not limited to these areas and may be applied to other specific areas within the Town that are
under consideration by Council for residential expansion. Uses allowed in the RES use zone shall include
mainly residential uses and other select uses that are of low land use impact and may be compatible
with surrounding residential uses (e.g. place of worship, governmental use, personal care home -
institutional). Depending on the nature, scale, and compatibility of other uses in the 'Development (D)'
future land use class under proposal B.2.1.3 (2) (a), they may be listed as either permitted or
discretionary uses in the RES use zone.
B.2.1.3 (8) Through the Regulations amendment application process, consider requests to rezone lands
within the 'Development (D)' future land use class where the specific proposal is consistent with the
policies and proposals of this Plan and meets all of the applicable requirements of the Regulations.
Council may also consider the creation of new, tailored use zones within the D future land use class to
accommodate specific development proposals and to help protect adjacent properties from the future
development of incompatible uses.
B.2.1.3 (9) Protect environmentally significant and sensitive lands and features through the application
of a 'Conservation (C)' future land use class and use zone. Lands designated and zoned C include, but
are not limited to, areas such as the Southern Limestone Barrens (i.e. Pine Tree area), southern
coastline along Bay St. George, coastline adjacent to the Gravels Beach along Port au Bay Bay (East
Bay), buffer along Romaine's River, and steep slopes. Uses allowed in the C use zone shall include low
impact uses such as, but not limited to, passive parks (public and private), mobile/transient uses, and
other select uses. Depending on the nature, scale, and compatibility of other uses in the 'Conservation
(C)' future land use class under proposal B.2.1.3 (2)(b), they may be listed as either permitted or
discretionary uses in the C use zone.
B.2.1.3 (10) Protect the Town's water supply through the application of a 'Water Supply (WS)' future
land use class and use zone. Lands designated and zoned WS are delineated by the provincially
designated 'Wellhead Protected Water Supply Area (WPWSA)' and 'Protected Public Water Supply
(PPWS)' (surface water reservoir).
B.2.1.3 (11) Establish an 'Industrial (IND)' floating use zone for the potential rezoning of future lands for
industrial use development. As of the initial Gazette date of this Plan and Regulations, this use zone is
not applied to any lands within the Municipal Planning Area. Uses allowed in the IND use zone shall
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include primarily industrial uses and other select uses. Depending on the nature, scale, and
compatibility of other uses in the 'Development (D)' future land use class under proposal B.2.1.3 (2)(a),
they may be listed as either permitted or discretionary uses in the IND use zone.
8.2.2 LEGAL NON-CONFORMING USES
1B.2.2.1 Overview
Section 108 of the Act allows the continuance of legal non-conforming uses and developments
throughout the MPA, despite the creation of prohibited uses in the future land use use classes in the
Plan and use zones in the Regulations. In general terms, legal non-conforming use rights are a form of
grandfathered rights applying to existing uses and developments, which were legal before the initial
Gazette date of the Plan and Regulations. There are, however, specific limitations associated with these
uses and developments. These limitations are outlined in detail under section 108 of the Act.
Although subsection 13(2)(f) of the Act requires provisions within the Plan that address legal non-
conforming uses and developments, the initial establishment of future land use classes and use zones
strives to ensure that all existing uses currently conform to the Plan and Regulations. In other words, all
efforts were made to appropriately designate and zone current uses on existing lots. As of the initial
Gazette date of the Plan and Regulations, Council has no intent to phase out any existing uses and
developments within the MPA.
However, Council recognizes that modernized development standards are required for new
developments within the Town. Where developments are removed (demolished or destroyed) and
proposed to be replaced, said developments may have to conform with all current development
standards under the Regulations. Council acknowledges that legal, non-conforming development rights
have specific limitations; and as such, the respective provisions under section 108 of the Act must be
respected and adhered to when considering development applications for the replacement of legal
non-conforming uses and/or developments.
Section 108 of the Act provides for specific application types pertaining to non-conforming uses and
developments. For example, subsection 108(3)(d) of the Act gives the owner of a lot, with a legal non-
conforming use, the right to apply to Council to change said use to another use that is more compatible
with neighbouring properties, and the Plan and Regulations. In addition to the Act, the division of
powers and details of non-conforming use application types shall be outlined in the Regulations.
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I B.2.2.2 Goal and Policies
It is a goal of Council to respect the rights of property owners with legal non-conforming uses and/or
developments.
It is a policy of Council to:
B.2.2.2 (1) When regulating legal nonconforming uses and/or developments, fil2Qly the provisions of
section 108 of the Act and allow non-conforming uses and/or developments to continue.
B.2.2.2 (2) As of the initial registration of the Plan and Regulations in the Gazette, avoid creating legal
non-conforming uses by applying the appropriate future land use classes and use zones to existing lots
with established uses and developments.
B.2.2.2 l3) Outline specific provisions in the Regulations that address legal non-conforming uses and
non-conformance with respect to standards.
I B.2.2.3 Proposals
It is a proposal of Council to:
B.2.2.3 (1) Further to policy B.2.2.2 (3), implement specific provisions in the Regulations that address a
non-conforming use application for:
(a) Changing a non-conforming use associated with a building, structure or development to a use
that is more compatible with the Plan and Regulations;
(b) Internally or externally varying, extending or expanding an existing development with a non-
conforming use (an extension to an existing building with a non-conforming use shall not exceed
50% of the floor area of the building); and
(c) Other development as identified in section 108 of the Act.
B.2.2.3 (2) In accordance with subsection 108(2) of the Act and section 17 of the Minister's
Development Regulations, implement a specific provision in the Regulations that will allow the
resuming of a non-conforming use where discontinuance is no greater than 18 months.
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8.2.3 FIRST NATIONS
1B.2.3.1 Overview
As highlighted in subsections 'B.1 History and Culture' and 'B.4.5 First Nations' in the Background
Report, residents of the Town have strong ties to First Nations, Mi'kmaq history and culture. Almost
half (47.9%) of the Town self identified as having aboriginal ancestry on the 2016 census. Approximately
one third (31.1%) of the Town self identified as a Registered or Treaty Indian. This high proportion of
registered residents is attributed to the recent formation of the Qalipu Mi'kmaq First Nation Band,
covering many traditional communities within western and central Newfoundland.
Illustration 4: Bay St. George Mi'Kmaq Powwow (Photo by Jasen Benwah)
The Town is within the Port au Port Ward of the Qalipu Mi'kmaq First Nation Band. Representation for
Band members within the municipality is given through the Ward Councillor and the Western Region
Vice-Chief. The Ward Councillor was invited to participate and provide feedback into the development
of this Plan. The summary of this feedback is within the Public Participation Report.
The main concern of the Port au Port Ward is to ensure that the Plan encourages and supports the fair
and equitable treatment of Band members that live in the Town; or live outside the Town and utilize
traditional lands within the MPA. The Plan and Regulations should not be prohibitive to members and
must allow for the continuance and strengthening of traditional activities such as hunting/trapping,
fishing, foraging and small scale agriculture. The Port au Port Ward also strongly encourages Council to
adopt policies and proposals within the Plan that support the future cultural and economic growth of
the Band and its members within the community.
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Although zoning should be used to protect the unspoiled, natural lands within the Town, there should
be some degree of flexibility in land use whereby Band members are supported in furthering economic
development initiatives. It is also important that the Port au Port Ward Councillor be consulted on
development proposals that may impede or impact the future traditional use of lands by Band
members. These include, but are not limited to, new mining and mineral working uses, subdivision
developments, or industrial developments.
JB.2.3.2 Goal and Policies
It is a goal of Council to help support and protect First Nations' history, culture, and traditional land
use activities
It is a policy of Council to:
B.2.3.2 (1) Recognize and respect the traditional land use of First Nations individuals living within the
Town; or living outside the Town, but utilize traditional lands within the Municipal Planning Area.
B.2.3.2 (2) Assist the protection and strengthening of First Nations' history, culture, and traditional land
use by helping to facilitate connections and partnerships between First Nations groups and other
supportive groups, organizations, businesses, municipalities, departments or agencies of government.
JB.2.3.3 Proposals
It is a proposal of Council to:
B.2.3.3 (1) Further to policy B.2.3.2 (1), allow traditional land use activities- such as hunting/trapping,
foraging, and small scale agriculture-within the hinterland areas as implemented through the 'Rural
(R)' use zone.
B.2.3.3 (2) Engage and consult First Nations groups, such as the Port au Port Ward of the Qalipu
Mi'kmaq First Nation Band, when making discretionary decisions that may impact First Nations history,
culture, or traditional land use activities. These may include discretionary decisions to amend the Plan
or Regulations, or approve development applications.
B.2.3.3 (3) Support First Nations groups by helping advertise cultural activities, events, or ceremonies
via Town communication mediums.
B.2.3.3 (4) Support First Nations groups by hosting cultural activities, events, or ceremonies within
facilities or upon land owned by the Town.
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Municipal Plan (2022-32)
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B.2.3.3 (S) Work with First Nations groups in exploring increased public access to the coastline to
promote and support traditional fishing activities.
8.2.4 PUBLIC STREETS AND THE SUBDIVISION OF LANDS
JB.2.4.1 Overview
Route #460 (Main Road) and Route #462 (Hynes Road/ Point au Mal Road) are owned and maintained
by the Province (see 'Illustration 5: Existing Street Network'). This includes all snow clearing, servicing
and improvements. The majority of public streets that are owned by the Town are accessed from Route
#460. There are a series of private laneways within the municipality, which are not vested in the Town
and are not built to any engineered standard. However, some of these private laneways have historical
arrangements with the Town to provide waste collection and snow clearing services. Other private
laneways are historical back lot arrangements where typically family members have constructed single
unit dwellings behind existing single unit dwellings fronting onto Routes #460 or #462 {Hynes Road /
Point au Mal Road); thus not all private laneways have historical servicing arrangements with the Town.
lliustration 5: Existing Street Network
Provincial Streets
Municipal Streets
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Despite provincial or municipal ownership, Council promotes and supports safe streets that
accommodate active transportation, have safe speed limits and clear sight lines at intersections and
driveway accesses. It is the intent of Council to liaise and work with the provincial Department of
Transportation and Infrastructure (OT/) to improve street safety along Routes #460 and #462 including,
but not limited to, implementing traffic calming measures and referring development and amendment
applications along these routes to help ensure safe access is achieved. It is also the intent of Council to
implement development standards in the Regulations that facilitate safe streets, such as the minimum
setback of a proposed driveway access to an intersection and the height restriction of vegetation and
development in daylighting triangles.
ll/ustratian 6: Raute 11460 (Main Raad)
Where Town resources are limited and except for designated 'future streets,' Council prefers not to
assume ownership and maintenance of additional municipal streets. As per policy B.2.1.2 (4) under
subsection 'B.2.1 Overall Development Strategy,' the infilling of vacant land, currently serviced by public
water and fronting onto existing public streets, is prioritized over the development of new public streets
and infrastructure. Financial resources permitting, it is the intent of Council to allocate any street
infrastructure funds to the improvement of existing municipal streets.
Where subdivision development is driven by a private developer, the cost of developing new streets,
and associated utility and public service infrastructure, shall be borne by the applicant. Prior to issuing a
development permit for a subdivision development, Council may require that the developer enter into a
legally binding development agreement to help ensure that the subdivision proposal is developed in
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accordance with the submitted plans. The agreement may also include the requirement of upfront,
financial guarantees (deposits) and future service levies prior to issuing a development permit and work
being carried out. Council may also attach conditions to a development permit for a subdivision
development, which shall, in such case, reference the development agreement for enforcement
purposes.
A development permit application for subdivision development must encompass core elements
including, but not limited to, provisions for potable water and sewerage disposal, public utilities, lot
streetage, land for public open space, development phasing, on-site drainage, active transportation
connections, and future municipal streets and connections thereto. These requirements are outlined in
more detail under 'Section D: Subdivision' of the Regulations. As per the terms and conditions of a
development agreement, Council need not assume ownership, maintenance and upkeep of any new
streets constructed by a developer until all standards within the Regulations, and conditions of the
development permit and development agreement are met.
The development of new, dead-end cul-de-sac or p-loop streets is discouraged within the MPA. Dead-
end streets are often limited to one emergency access and do not facilitate connectivity within the
Town. However, where the long-term phasing of a subdivision development is proposed, Council shall
require the development of a temporary cul-de-sac to ensure that the street segment (phase) can be
safely and efficiently maintained until such time that the respective subdivision street can be extended.
As a condition of a development permit, a temporary emergency vehicle access may also be required
where the long-term phasing of a subdivision development is proposed.
It is the intent of Council to promote an orderly lot development pattern within the Town. This includes
meeting minimum [lot] frontage, lot streetage, and lot depth requirements, as per subsection 'D.7 Lot
Creation Standards' of the Regulations. However, Council recognizes that this may not be possible for
the subdivision and development of existing infilling lots due to the irregular, historical subdivision of
lands within the Town. Although the creation and development of back lots is discouraged by Council,
this form of development may be considered by Council on a case-by-case basis similar to a
discretionary use, thereby requiring public notice in accordance with the Regulations. In order to help
ensure safe access for safety emergency services and to minimize the impact on adjacent lots, Council
shall implement specific standards for the creation of back lots.
Unserviced subdivision development on a new street shall be prohibited in specific use zones prescribed
under the Regulations. In general, these use zones generally correspond with the existing water
servicing extents of the Town. Any proposal for an unserviced subdivision development must be
forwarded to the provincial Water Resources Management Division for review. For example, a proposed
subdivision of more than four (4) new lots will require a Level I Groundwater Supply Assessment, and a
proposed subdivision of more than 15 new lots will require a Level II Groundwater Supply Assessment,
as per the provincial 'Groundwater Supply Assessment and Reporting Guidelines For Subdivisions
Serviced by Individual Private Wells.' These requirements are to help ensure that the groundwater
Town of Port au Port East
Municipal Plan (2022-32)
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supply will be of sufficient quality and quantity for the homeowners of the subdivision development for
both the short- and long-term.
jB.2.4.2 Goal and Policies
It is a goal of Council to prioritize the maintenance and upkeep of existing municipal streets over the
development of new streets, whilst facilitating the regular and orderly subdivision of lands within the
Municipal Planning Area.
It is a policy of Council to:
B.2.4.2 (1) Financial resources permitting, allocate any street infrastructure funds to the improvement
of existing municipal streets over the development of new streets.
B.2.4.2 (2) Support safe streets that accommodate active transportation and have safe speed limits, and
clear sight lines at intersections and driveway accesses.
B.2.4.2 (3) Liaise and work with the provincial Department of Transportation and Infrastructure (OT/) to
improve street safety along Route #460 (Main Road) and Route #462 (Hynes Road/ Point au Mal Road)
including, but not limited to, the implementation of traffic calming measures and referring
development and amendment applications along these routes to help ensure safe access is achieved.
B.2.4.2 (4) Where subdivision development is driven by a private developer, require the cost of
developing new streets, and associated utility and public service infrastructure, to be borne by the
applicant.
B.2.4.2 (S) Further to policy B.2.4.2 (4) and prior to issuing a development permit for a subdivision
development, consider the requirement of a development agreement, which may include provisions for
upfront financial guarantees (deposits) or service levies.
B.2.4.2 (6) Further to policy B.2.4.2 (5), reference a development agreement for subdivision
development as a condition of an associated development permit, which will allow Council to enforce
provisions within the agreement where necessary.
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8.2.4.2 (7) Further to policy B.2.4.2 (5) and where detailed under the terms of a development
agreement, refrain from assuming ownership, maintenance and upkeep of any new streets constructed
by a developer until all standards within the Regulations, and conditions of the development permit and
development agreement are met.
8.2.4.2 (8) Discourage the development of new, dead-end cul-de-sac or p-loop streets within the
Municipal Planning Area.
8.2.4.2 (9) Despite policy 8.2.4.2 (8) and where the long-term phasing of a subdivision development is
proposed, require the development of a temporary cul-de-sac to ensure that the street segment
(phase) can be safely and efficiently used and maintained until such time that the respective subdivision
street can be extended. As a condition of a development permit, a temporary emergency vehicle access
may also be required where the long-term phasing of subdivision development is proposed.
8.2.4.2 (10) Discourage the creation of back lots for development purposes.
8.2.4.2 (11) Despite policy 8.2.4.2 (10), consider the creation of back lots for development purposes on
a case-by-case basis, similar to a discretionary use thereby requiring public notice in accordance with
the Regulations.
8.2.4.2 (12) Forward any proposal for an unserviced subdivision development to the provincial Water
Resources Management Division for review. For example, a proposed subdivision of more than four (4)
new lots will require a Level I Groundwater Supply Assessment, and a proposed subdivision of more
than 15 new lots will require a Level II Groundwater Supply Assessment, as per the provincial
'Groundwater Supply Assessment and Reporting Guidelines For Subdivisions Serviced by Individual
Private Wells.'
8.2.4.2 (13) Prohibit unserviced subdivision development on new streets within certain use zones
prescribed under the Regulations.
is.2.4.3 Proposals
It is a proposal of Council to:
8.2.4.3 (1) Facilitate the regular and orderly subdivision of lands within the Municipal Planning Area
through the implementation of 'Section D: Subdivision' standards of the Regulations.
B.2.4.3 (2) Implement development standards in the Regulations that facilitate street safety, such as the
minimum setback of a proposed driveway access to an intersection and the height restriction of
vegetation and development in the daylighting triangle.
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8.2.4.3 (3) Further to policy B.2.4.2 (11), implement back lot creation standards in the Regulations,
which will-in the event that Council approves such subdivision developments-help ensure safe access
for safety emergency services and minimize the impact of the development on adjacent lots.
8.2.5 PUBLIC AND SAFETY EMERGENCY SERVICES
1B.2.5.1 Overview
The Town is currently serviced by public water, solid waste and recycling pick-up. Safety emergency
services include Emergency Fire Services (EFS), Emergency Medical Services (EMS, ambulance
dispatch), and policing services. As outlined in proposal B.2.1.2 (5), it is the intent of Council to promote
a compact and efficient development pattern within the central portion of the Municipal Planning Area.
This area is generally defined as the existing built-up part of the Town extending northward along Route
#462 (Hynes Road / Point au Mal Road) to the Ski Pine Tree site, westward along Route #460 (Main
Road) to the Gravels Beach, and eastward along Route #460 to Romaine's Farm. In the long-term, this
will help reduce overall costs associated with public and safety emergency services.
Public Waterand Sewerage Services
The Town is semi-serviced with public streets in the MPA having public water services. The main water
servicing line ends on Route #462 (Hynes Road / Point au Mal Road) immediately before the Ski Pine
Tree site, wherein some residences are serviced by private, on-site wells. The municipal water supply is
fed by a reservoir and a drilled (artesian) well immediately north of the Port au Port Tourist Chalet, off
of Route #460 (Main Road) (see 'Illustration 7: Water Supply Facilities'). The reservoir is approximately
2.1 acres in area. Both the reservoir and the drilled well feed a common water main, which in turn
distributes water to the rest of the Town. Both the area around the reservoir (watershed drainage) and
area around the drilled well (aquifer recharge area, 500m radius from source) are provincially
designated and protected Public Water Supply Areas (PWSAs). As shown in 'Illustration 7: Water Supply
Facilities,' there is a separate PWSA for each the reservoir (watershed drainage) and the drilled well
{aquifer recharge area). The Water Resources Management Division of the Department of Municipal
and Provincial Affairs regulates the specific activities permitted in each PWSA.
The Town is not currently serviced with public sewerage disposal. Individual properties have on-site
septic for sewerage disposal. Due to excess capital and operational costs, there is no current intent or
plan to implement public sewerage disposal in the Town.
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r:J MPA
EZ3 Drilled Well PWSA
Drilled Well
Pump House/ Chlorination
Council does not intend on extending public water services into the hinterland areas (i.e. areas primarily
zoned 'Rural' under the Regulations as of the initial Gazette date of the Plan and Regulations).
However, the expansion of public water services into these areas may be considered on a case-by-case
basis at the discretion of Council (e.g. where triggered by a specific development application and
associated costs to be borne by the developer).
As outlined in proposal B.2.1.3 (3) under subsection 'B.2.1 Overall Development Strategy,' all uses
within the utility use group may be created throughout the MPA. This includes municipal utility
infrastructure to accommodate public water services. Council is aware that certain development
restrictions are in place within the protected PWSAs under the provincial Water Resources Act and
associated regulations. Despite the permitted and discretionary uses within underlying use zone(s}, the
provincial Water Resources Management Division may prohibit certain uses in the PWSA. It therefore
the intent of Council to refer any proposed development within the PWSA to the Water Resources
Management Division for review and the requirement/issuance of any applicable provincial permits.
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The Town is not currently serviced with public sewerage. Individual properties have on-site septic for
sewerage disposal. Due to excess capital and operational costs, there is no current intent or plan to
implement public sewerage in the MPA.
Solid Waste and Recycling Pick-up
The Town contracts out its regular solid waste (i.e. garbage) pick-up service to a private contractor. Solid
waste is transported to the Bay St. George Waste Transfer Station, which is located off the Trans-Canada
Highway (TCH) immediately southeast of the Steel Mountain Road access to St. Georges. A curbside,
recycling pick-up program was implemented through the provincially-mandated Western Regional
Service Board (Western Regional Waste Management (WRWM)) on July 16, 2018. The mandatory
program includes a two-tier sorting program (i.e. clear bags for garbage and blue bags for recyclables).
It is the intent of Council to continue to contract feasible and efficient solid waste services. The Town
will further explore cost-effective ways of improving solid waste and recycling services whilst reducing
the overall impact on the environment. This will entail liaising and working with WRWM in keeping up-
to-date with modern technologies and developing increasingly efficient approaches to the delivery of
solid waste and recycling pick-up services in the Town. Council also values the importance of reducing
waste at source in order to minimize the cost and resource burden on municipal pick-up services.
Council acknowledges that it has an advocacy role to play in encouraging and facilitating the on-site re-
use and composting of solid waste.
Safety Emergency Services
The Town has an agreement with the Town of Port au Port West - Aguathuna - Felix Cove to provide
Emergency Fire Service (EFS) within the region (Port au Port Regional Volunteer Fire Department). Port
au Port East handles administration of the service whereas Port au Port West - Aguathuna - Felix Cove
houses the equipment, which includes a fire truck and a cube van (see 'Figure 8: Fire Hall/ Town Office
in the Town of Port au Port West - Aguathuna - Felix Cove'). The fire department is volunteer-based
and is made up of a Chief, Assistant Chief, and 26 other members from the Town and neighbouring
communities. The service is funded by and covers both towns and the Local Service Districts of
Campbell's Creek and Fox Island River-Point au Mal. Mutual agreements with the Town of Lourdes and
Town of Cape St. George Fire Departments are in place for the provision of back-up EFS.
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Illustration 8: Fire Hall I Town Office in the Town of Port au Port West - Aguathuna - Felix Cove
The nearest Emergency Medical Service (EMS, ambulance dispatch) facility is operated by Russell's
Ambulance Services, 57 Prince Rupert Drive in Stephenville. The facility is located approximately 8km
from the Town's eastern boundary (Romaine's River). Policing services are provided by the Royal
Canadian Mounted Police (RCMP). Since there is no longer a detachment office in Picadilly, the nearest
detachment is now in at 40 Oregon Drive in Stephenville. The office is located approximately 10km from
the Town's eastern boundary.
Council recognizes that it has a key role to play in the event of a community-wide emergency. Council
members and Town staff will likely have to work with non-profit groups, local businesses; and inter-
municipal, provincial, federal and RCMP representatives in helping to facilitate emergency response
measures following an event. This may include, but is not limited to, assisting with public works
equipment, communications, and/or the relocation of residents. It is therefore the intent of Council to
work with stakeholders in supporting the prompt and efficient implementation of emergency response
measures in the community. Resources pending, it is also the intent of Council to develop an
Emergency Measures Plan to help prepare the Town for specific types of community-wide emergencies.
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ls.2.s.2 Goal and Policies
It is a goal of Council to facilitate the safe, efficient, and affordable delivery of public and emergency
services throughout the Municipal Planning Area.
It is a policy of Council to:
B.2.5.2 (11 Discourage the expansion of public water services into hinterland areas (specifically areas
zoned 'Rural (R)' under the Regulations).
B.2.5.2 (2) Despite policy B.2.5.2 (1), consider the expansion of public water services into hinterland
areas on a case-by-case basis for specific developments in which the developer may be required to
cover the costs associated with the expansion.
B.2.5.2 (3) Implement 'Surface Water PWSA' and 'Drilled Well PWSA' overlays on the Future Land Use
Classes Map and Zoning Map. The Town shall refer any proposed development within a protected Public
Water Supply Area (PWSA) to the provincial Water Resources Management Division for review and
requirement/issuance of any applicable provincial permits.
B.2.5.2 (4) Continue to contract feasible and efficient solid waste services.
B.2.5.2 (5) Further explore cost-effective ways of improving solid waste and recycling services within the
Municipal Planning Area, whilst reducing the overall impact on the environment.
B.2.5.2 (6) Liaise and work with Western Regional Waste Management to remain up-to-date with
modern technologies, and to develop increasingly efficient approaches to the delivery of solid waste
and recycling pick-up services in the Town.
B.2.5.2 (7) In order to reduce the cost and resource burden on municipal pick-up services, adopt an
advocacy role in encouraging and facilitating the on-site re-use and composting of solid waste within
the Municipal Planning Area.
B.2.5.2 (8) Work with non-profit groups, local businesses; and inter-municipal, provincial, federal and
RCMP representatives in helping facilitate and support the prompt and efficient implementation of
emergency response measures in the community.
JB.2.5.3 Proposals
It is a proposal of Council to:
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B.2.5.3 (1) Further to policy 8.2.5.2 (7), support and liaise with representative of the St. Thomas
Aquinas School and environmental advocacy groups in helping to promote on-site waste reduction and
composting. This may include, but is not limited to, using the Town's communication mediums for
promoting sustainable waste management practices.
B.2.5.3 (2) Further to policy B.2.5.2 (8), develop and implement an Emergency Measures Plan to help
support, facilitate and coordinate safety emergency services in the event of a community-wide
emergency.
B.2.6 PUBLIC UTILITIES
!s.2.6.1 Overview
The provision of public utilities is essential to the day-to-day operations of the Town. Public utilities
include uses in conjunction with providing energy and electricity; municipal water; cable, telephone,
and telecommunication services. Public utility uses are for public consumption or benefit. As outlined in
proposal B.2.1.3 (3) under subsection 'B.2.1 Overall Development Strategy,' all uses within the utility
use group may be created throughout the Town.
Some utility uses, such as transformer stations and high voltage transmission lines, can have a major
impact on adjacent neighbours. Careful planning of the location of transmission lines and transformer
stations is needed to minimize the impacts of such public utilities. The Town will seek the cooperation of
utility companies and crown corporations when developing such infrastructure.
A main transmission line runs east-west through the southern portion of the Town. It is the intent of
Council to restrict any development within the easement of this main transmission line. Any proposed
development within proximity of this main transmission line shall be forwarded to Newfoundland Power
for review to ensure the protection of this easement (see 'Illustration 9: Public Utility Use,
Newfoundland Power Berry Head Substation').
The federal Minister of Innovation, Science and Economic Development (ISED, formerly Industry
Canada) retains the authority to regulate radiocommunications in Canada (e.g. telecommunications
towers and antennas). Council does not have the authority to unilaterally refuse the erection of new
towers or the extension of existing antennas. The service provider (e.g. Bell, Rogers, Eastlink) must,
however, consult the Town and the public in cases where antennas are not excluded from the federally-
mandated public consultation process. Where the Town does not have an antenna systems siting
protocol in place, the service provider must adhere to the minimum public consultation requirements
outlined under 'Section 4. Land-use Authority and Public Consultation' of ISED's 'CPC-2-0-03 -
Radiocommunication and Broadcasting Antenna Systems.' Depending on the height and nature of the
antenna proposal, the service provider may have to send notices to neighbours adjacent to the
proposed site and publish a notice in the local newspaper.
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Jllustration 9: Public Utility Use, Newfoundland Power Berry Head Substation
For all non-excluded proposals, the service provider must seek the issuance of a Land Use Authority
(LUA) Concurrence from the Town. Although this does not constitute a development permit, the LUA
Concurrence functions as a formal response on behalf of the Town indicating Council's support of the
proposal. Where Council does not support the proposal and refuses to issue an LUA Concurrence, ISED
will render the final decision to allow or refuse the respective radiocommunications proposal. The LUA
Concurrence process gives the Town an opportunity to provide input and voice concerns over any
proposal that Council feels is not in the best interest of the community or is not compatible with the
immediate neighbourhood of the proposed site.
Due to rising electricity costs, residents will increasingly be exploring alternative energy options.
Council is also supportive of private utility uses, such as rooftop solar panels and private wind energy
systems. These sustainable energy options will help mitigate overall greenhouse gas effects and global
warming. However, private wind turbines have the potential to create negative land use impacts on
adjacent neighbours due to aesthetic, vibration and noise effects created by these structures. Private
wind energy systems thus require specific development provisions and may be considered as a
discretionary use, on a case-by-case basis, where the proposed development is adjacent to existing or
future residential uses.
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1B.2.6.2 Goal and Policies
It is a goal of Council to promote the safe and efficient provision of public and private utilities
throughout the Municipal Planning Area, whilst avoiding or mitigating any potential negative impacts
associated from such developments.
It is a policy of Council to:
B.2.6.2 (1) Work collaboratively with public utility companies in helping to ensure that proposed
infrastructure and developments do not jeopardize the future subdivision of lands and do not negatively
impact critical view planes or the established character of neighbourhoods.
B.2.6.2 (2) Encourage the installation of private, sustainable energy sources such as, but not limited to,
rooftop solar panels and private wind energy systems.
B.2.6.2 (3J Refer any development application within or in proximity to a public utility easement to the
respective public utility company to ensure the protection of said easement.
1B.2.6.3 Proposals
It is a proposal of Council to:
B.2.6.3 (1) As per proposal B.2.1.3 (3), allow the creation of public utilities uses throughout the
Municipal Planning Area.
B.2.6.3 (2) Develop an Antenna Systems Siting Protocol, which will give direction on issuing Land Use
Authority Concurrences and facilitating public consultation for radiocommunication towers and
antennas that are not excluded under the federal Department of Innovation, Science and Economic
Development's 'CPC-2-0-03 -
Radiocommunication and Broadcasting Antenna Systems.'
B.2.6.3 (3J Allow private wind energy systems throughout the Municipal Planning Area as either a
permitted or discretionary use in each use zone. Private wind energy system shall be a permitted use in
low-density, hinterland areas and as a discretionary use in existing built-up areas and areas planned for
future residential development.
B.2.6.3 (4) Avoid and mitigate any potential negative land use impacts on adjacent properties created
by the development of private wind turbines through the implementation of specific development
provisions for private wind energy systems (see subsection 'C.5 Private Wind Energy System' of the
Regulations).
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B.2.6.3 (5) Restrict any development within the easement of the main transmission line. Any proposed
development within proximity of this main transmission line shall be forwarded to Newfoundland Power
for review to ensure the protection of this easement.
B.2.7 HINTERLAND AREAS
JB.2.7.1 Overview
The Town is rich in undeveloped hinterland areas. The Town's MB extends approximately 4km east-west
from the western limits of the Gravels Beach to Romaine's River; and extends approximately 7km south-
north along Route #462 (Hynes Road / Point au Mal Road) to Smelt Brook. The Town's southerly
boundary is the coastline along Bay St. George and the westerly boundary is the coastline along Port au
Port Bay (East Bay). The Town's MPA is the same as the MB and has a total area of 25km 2 (see
'Illustration 2: Town Municipal Planning Area (MPA)).
The undeveloped hinterland areas are mainly located within the interior of the MPA, north of Route
#460 (Main Road) and west of Route #462. This area includes the Southern Limestone Barrens of Table
Mountain (in which the Pine Tree radar site is located), the western floodplain of Romaine's River, and
largely untouched forested lands with minor fens and streams (see 'Illustration 10: Falls on Pine Tree').
Much of this interior area of the MPA is provincial Crown lands. However, where the province does not
have a mandatory land registration system, it is difficult to ascertain an accurate account of provincial
Crown lands and private freehold lands within the MPA. As with private lands, the development of
Crown lands is subject to the provisions of the Plan and Regulations.
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The disposal of any Crown lands within the Town is subject to the provincial referral process. The Town,
provincial departments and agencies are notified of potential change in tenure of Crown lands within
the MPA. Staff of the Local Governance and Land Use Planning Division will give referral response on
whether or not the proposed use associated with a Crown land application is a prohibited, permitted or
discretionary use. It is the intent of Council to assess Crown land applications on a case-by-case basis,
taking into consideration comments received through the provincial referral process. Consideration of
comments should be prior to indicating support for or against any proposal to attain Crown land within
the Town. No approval in principle or development permit shall be issued for a proposed development
on provincial Crown land prior to receiving confirmation that tenure has been secured by the applicant.
With the exception of a few cottages, Romaine's Farm, mineral working (quarry) activity adjacent to
Romaine's River, the Pine Tree radar site and Ski Pine Tree site, the interior hinterland areas of the Town
are largely vacant, undeveloped and in their natural state. These areas are regularly used by residents
for recreational purposes (e.g. ATV use, hiking and mountain biking), hunting and trapping. These
activities are central to the culture and way of life of residents and should remain permitted throughout
the hinterland areas. Natural renewable and non-renewable resources in the hinterland areas should
be developed in a responsible manner, which protects natural habitats and minimizes potential
deterioration of the environment. The protection of the natural environment in the Town is also critical
to the economic viability of potential hunting/trapping, fishing, and eco-tourism in the area.
As outlined in proposal B.2.1.3 (6) under subsection 'B.2.1 Overall Development Pattern,' it is the intent
of Council to allow development in the hinterland areas throughout the MPA through the application of
a 'Rural (R)' use zone. The R use zone shall include select, low density residential uses (1-2 dwelling
units), agricultural uses, resources uses, and other compatible uses of a rural nature. Uses allowed in
the Ruse zone generally require an expanse of land to help mitigate potential land use conflict.
The coastline north of the Ski Pine Tree site is increasingly being developed for year-round residential
uses (single unit dwellings) and seasonal residential uses (cottages). Although this area still retains rural
character, the area is under transition. It is the intent of Council to continue to allow residential
development in this area. However, rural uses with the potential for higher land use impact shall be
listed as discretionary uses in the Ruse zone to help mitigate future land use conflict.
1B.2.7.2 Goal and Policies
It is a goal of Council to promote and protect traditional land use and activities within the hinterland
areas, whilst allowing a wide range of other uses that generally require an expanse of land and
separation from urban uses.
It is a policy of Council to:
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B.2.7.2 (1) Assess Crown land applications on a case-by-case basis, taking into consideration comments
received through the provincial referral process.
B.2.7.2 (2) Facilitate the responsible development of natural resources, which protects natural habitats
and minimizes deterioration of the environment.
jB.2.7.3 Proposals
It is a proposal of Council to:
B.2.7.3 (1) Further to policy B.2.7.2 (1), not issue an approval in principle or development permit for a
proposed development on Crown land prior to receiving confirmation that tenure has been secured by
the applicant.
B.2.7.3 (2) As per proposal B.2.1.3 (6), allow development in the hinterland areas in the northern and
interior portion of the Municipal Planning Area through the application of 'Rural (R)' use zone. The R
use zone shall include select, low density residential uses (1-2 dwelling units), agricultural uses,
resources uses, and other compatible uses of a rural nature. Uses allowed in the R use zone generally
require an expanse of land to help mitigate potential land use conflict. Depending on the nature, scale,
and compatibility of other uses in the 'Development (D)' future land use class under proposal B.2.1.3 (2)
(a), said uses may be listed as either permitted or discretionary uses in the R use zone.
B.2.7.3 (3) In order to protect existing and future residential use developments along the coastline of
Route #462 (Hynes Road / Point au Mal Road), include uses with potential for high land use impact in
the 'Rural (R)' use zone as discretionary uses to help mitigate future land use conflict in the area.
B.2.7.3 (4) As per proposal B.2.3.3 (1), allow traditional land use activities-such as hunting/trapping,
foraging, and small scale agriculture-within the hinterland areas as implemented through the 'Rural
(R)' use zone.
8.2.8 RESIDENTIAL USES
jB.2.8.1 Overview
The Town is mainly rural residential in character. The primary housing type is the single unit dwelling
(see 'Illustration 11: Single Unit Dwellings along Mountainview Road'). There are few other forms of
housing in the Town, including, for example, a double dwelling along Route #460 (Main Road). The most
densely developed area of the Town is located in the central portion of the Town. This is unsurprising,
given that the original Berry Head settlement grew outward to establish the current development
pattern of the Town. This area is generally defined as the existing built-up part of the Town extending
northward along Route #462 (Hynes Road/ Point au Mal Road) to the Ski Pine Tree site, westward along
Route #460 to the Gravels Beach, and eastward along Route #460 to Romaine's Farm .
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Illustration 11: Single Unit Dwellings along Mountainview Road
An analysis of demographic data and existing land use indicates that there is a need for a variety of
housing types in the Town to meet the existing and future needs of a range of age groups, household
structures, socioeconomic statuses, and persons with disabilities. If the current trend continues, single
unit dwellings will be the main form of residential development within the Town. However, as the
population ages, there may be an increased need for alternative housing forms that can be more
economically viable and sustainable. These include, but are not limited to, personal care homes, double
unit dwellings, row houses, multi-unit dwellings, and other housing developments that facilitate cost
sharing between residents (e.g. sharing on-site snow clearing, maintenance equipment, hobby
gardens). More affordable housing types, such a mini home dwellings and micro home dwellings, may
also become increasingly popular for builders as the cost of construction rises. It is the intent of Council
to promote and facilitate a wide variety of housing forms where residential uses are allowed under the
Regulations.
In order to further promote diversity in housing options, Council should, where able, work with
provincial and federal housing agencies to facilitate the development of affordable housing projects to
meet the broad needs of existing and future residents of the Town.
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Future residential developments should also be directed in a way that avoids potential land use conflict
with existing and future incompatible uses. This is achieved through zoning and associated Regulations.
Future development should also be compatible with the established character of neighbourhoods in the
Town.
1B.2.8.2 Goal and Policies
It is a goal of Council to facilitate a broad range of compatible housing types, forms, and densities
throughout the Municipal Planning Area to accommodate a wide range of age groups, family types,
persons with disabilities, and socioeconomic statuses.
It is a policy of Council to:
B.2.8.2 (1) As per policy B.2.1.2 (6), encourage new residential uses to locate within the central portion
of the Town. This area is generally defined as the existing built-up part of the Town extending northward
along Route #462 (Hynes Road / Point au Mal Road) to the Ski Pine Tree site, westward along Route
#460 to the Gravels Beach, and eastward along Route #460 (Main Road) to Romaine's Farm.
B.2.8.2 (2) Promote and facilitate a range of housing forms and options to meet the broad needs of
existing and future residents of the Town.
B.2.8.2 (3) Direct future residential development away from existing and future incompatible land uses.
B.2.8.2 (4) Facilitate residential development that is compatible with the established character of
neighbourhoods.
B.2.8.2 (S) Work collaboratively with provincial and federal housing agencies to facilitate the
development of affordable housing projects within the Town.
I B.2.8.3 Proposals
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B.2.8.3 (1) As per proposal B.2.1.3 (5), allow residential uses along Route #460 (Main Road), extending
westward to the Gravels Beach and eastward along Romaine's Road; and along a portion of Route #462
(Hynes Road / Point au Mal Road), extending southward t o the intersection of Route #460 and
northward to the Ski Pine Tree site. This will be facilitated through the implementation of a 'Community
Development (CD)' use zone. Residential uses with ~40Us shall be listed as permitted uses, whereas
higher density uses (::::SOUs) shall be listed as discretionary uses. This proposal shall not limit the
location of the future application of the CD use zone. Depending on the nature, scale, and compatibility
of other uses in the 'Development (D)' future land use class under proposal B.2.1.3 (2) (a), they may be
listed as either permitted or discretionary uses in the CD use zone.
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B.2.8.3 l2) As per proposal B.2.1.3 (7), filill..!.y the 'Residential (RES)' use zone to existing residential
neighbourhoods and areas planned for residential expansion during the lifespan of this Plan. Generally
speaking, the RES use zone is applied to residential areas off of provincial Route #460 (Main Road) and
Route #462 (Hynes Road / Point au Mal Road), along local streets owned and maintained by the Town.
Despite this, the RES use zone is not limited to these areas and may be applied to other specific areas
within the Town that are under consideration by Council for residential expansion. Uses allowed in the
RES use zone shall include mainly residential uses and other select uses that are of low land use impact
and may be compatible with surrounding residential uses (e.g. place of worship, governmental use,
personal care home - institutional). Depending on the nature, scale, and compatibility of other uses in
the 'Development (D)' future land use class under proposal B.2.1.3 (2) (a), they may be listed as either
permitted or discretionary uses in the RES use zone.
B.2.8.3 (3) As per proposal B.2.1.3 (6), allow select, low density residential uses (1-2 dwelling units) in
the hinterland areas of the Town through the application of a 'Rural (R)' use zone.
8.2.9 COMMUNITY GROWTH, SUSTAINABILITY, AND ECONOMIC DEVELOPMENT
1B.2.9.1 Overview
The primary employers and businesses within the Town include St. Thomas Aquinas K-8 school, Canada
Post outlet, Fast Track Convenience and Gas Bar, Romaine's Farm, Rafter Shop Inc., and Secret Cove
Brewing Co (see 'Illustration 12: Secret Cove Brewing Co.). There are also smaller, home-based
businesses throughout the Town including contractors and builders. Tourism is also an important aspect
of the Town's economy. Council continues to pursue partnerships with regional economic development
entities to promote the Town as a tourist destination.
There are currently no industrial use developments operating within the Town. This is not surprising,
given that most industrial uses require large, fully serviced lots with public water and sanitary. Given
that there is currently no land set aside for industrial use development within the Town-and that
Stephenville contains numerous brownfield redevelopment opportunities on serviced lands-it is
reasonable to assume that there will be limited to no demand for this form of development in the Town
within the lifespan of this Plan. Despite this, the Plan and Regulations should be flexible to potentially
accommodate an industrial use development if one is proposed in an appropriate location; and if the
development is of an appropriate use and scale as to minimize adverse land use impacts and be
compatible with neighbouring land uses. As per proposal B.2.1.3 (11), this Plan proposes to establish an
'Industrial (IND)' floating use zone for the potential rezoning of future lands for industrial use
development. As of the initial Gazette date of this Plan and Regulations, this use zone is not applied to
any lands within the Municipal Planning Area. As per proposal B.2.1.3 (2)(a), the IND use zone is seated
under the broader 'Development (D)' future land use.
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Illustration 12: Secret Cove Brewing Co.
As illustrated in the origin-destination data of the Town outlined in section 'B.4.3 Transportation and
Commuting' of the Background Report, many residents are employed in Stephenville or further afield.
These outside employers are also critical economic drivers for the Town. Changes in economic activity
and employment opportunities within Stephenville and neighbouring communities thus have an effect
on the Town and its residents. Some businesses within the Town are members of the Bay St. George
Chamber of Commerce. The mandate of the Chamber is to help promote and support commercial and
business development within the Town.
As highlighted in the Public Participation Report, residents have an overall concern with business and
economic development in the area and its impact on retaining and drawing young people. The issue of
'brain drain' and attracting young workers to the Town is a major concern to the overall sustainability
and longevity of the community. Residents expressed a desire to create and foster more 'magnets' for
growing the community (e.g. increased services, housing, tourism, and recreation opportunities).
Opportunities for economic development and future livelihoods in the Town, as per feedback from the
public participation program, include healthcare-related services and small-scale activities such
entrepreneurship, home businesses and home industries, agricultural uses, and outdoor tourism (e.g.
hunting and fishing, outfitting, eco-tourism). The Town should thus capitalize on its natural assets to
spur economic development in these areas.
As the population ages, there will be an increased need for healthcare and other related support
services. This may provide an opportunity for commercial enterprises in the area. There will likely be an
increased need for home support and transportation services. As outlined in subsection 'B.2.8
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Residential Uses,' changing demographics may also result in the need for diversified housing such as
increased personal care homes and apartment units.
Despite economic and demographic challenges, it is the intent of Council to adopt an innovative and
supportive approach to promoting and supporting growth, sustainability, and economic development
within the Town. This involves working with existing business stakeholder groups and building new
business support networks and relationships. It is also the intent of Council to focus on leveraging
strengths and opportunities to build, attract and retain businesses, young workers and pivotal
entrepreneurs. The development of a ten (10) year Placemaking Action Plan will also help give focus
and direction to fostering this form of activity within the Town. As opposed to a standard Economic
Development Plan, a Placemaking Action Plan focuses more broadly and holistically on the potential for
creating a community hub and the potential linkages for drawing in key change-making individuals.
Particularly in light of the Covid-19 pandemic, the Placemaking Action Plan should thus be global in
scope, addressing marketing strategies that have strong potential to pull key workers and individuals to
the Town (e.g. to include a comprehensive targeted on-line marketing strategy to draw in remote
workers and entrepreneurs that may have synergies with existing activities and businesses within the
Town).
Despite the overall promotion of commercial development, Council recognizes that adult establishment
uses are not compatible with the existing rural residential character and land use of the Town. It is
therefore the intent of Council to prohibit these uses in all use zones. However, adult establishment
uses may be considered by Council on a case-by-case basis through the Regulations amendment
application process (i.e. rezoning).
1B.2.9.2 Goal and Policies
It is a goal of Council to promote commercial uses in appropriate locations considering transportation
requirements, environmental impact, neighbourhood character and the compatibility of existing and
future surrounding uses.
It is a policy of Council to:
B.2.9.2 (1) As per policy B.2.1.2 (6), encourage new commercial uses to locate within the central portion
of the Town. This area is generally defined as the existing built-up part of the Town extending northward
along Route #462 (Hynes Road / Point au Mal Road) to the Ski Pine Tree site, westward along Route
#460 to the Gravels Beach, and eastward along Route #460 (Main Road) to Romaine's Farm.
B.2.9.2 (2) Facilitate commercial development that does not negatively impact existing and future
residential neighbourhoods or other incompatible uses.
B.2.9.2 (3) Utilize natural resources in order to promote outfitting and eco-tourism businesses.
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B.2.9.2 (4) Strengthen existing and build new networks of business stakeholder groups for increasing
business development within the Town.
B.2.9.2 (5) As of the initial Gazette date of this Plan and Regulations. prohibit adult establishment uses
throughout the Municipal Planning Area. Despite this, adult establishment uses may be considered by
Council on a case-by-case basis through the Regulations amendment application process (i.e. rezoning).
jB.2.9.3 Proposals
It is a proposal of Council to:
B.2.9.3 (1) As per proposal B.2.1.3 (5), allow commercial uses along Route #460 (Main Road), extending
westward to the Gravels Beach and eastward along Romaine's Road; and along a portion of Route #462
(Hynes Road / Point au Mal Road), extending southward to the intersection of Route #460 and
northward to the Ski Pine Tree site. This will be facilitated through the implementation of a 'Community
Development (CD)' use zone. This proposal shall not limit the location of the future application of the
CD use zone. Depending on the nature, scale, and compatibility of other uses in the 'Development (D)'
future land use class under proposal B.2.1.3 (2) (a), they may be listed as either permitted or
discretionary uses in the CD use zone.
B.2.9.3 (2) Allow home businesses and home industries as accessory uses to residential uses through the
implementation of specific provisions under subsection 'C.3 Home Businesses and Industries' and use
zones of the Regulations.
B.2.9.3 (3) Develop a ten (10) year Placemaking Action Plan for the Town, including but not limited to a
detailed analysis of existing Strengths, Weaknesses, Opportunities and Threats (SWOT) and marketing
strategies that have strong potential to pull key workers and individuals to the Town.
B.2.9.3 (4) As per proposal B.2.1.3 (11), establish an 'Industrial (IND)' floating use zone for the potential
rezoning of future lands for industrial use development. As of the initial Gazette date of this Plan and
Regulations, this use zone is not applied to any lands within the Municipal Planning Area. Uses allowed
in the IND use zone shall include primarily industrial uses and other select uses. Depending on the
nature, scale, and compatibility of other uses in the 'Development (D)' future land use class under
proposal B.2.1.3 (2)(a), they may be listed as either permitted or discretionary uses in the IND use zone .
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B.2.10 PROTECTION OF THE NATURAL ENVIRONMENT
IB.2.10.1 Overview
The Town is rich in physical environmental features including a pristine coastline, forested areas,
wetlands and watersheds. There are no major water bodies within the Town (see 'Illustration 13:
Hydrology'). There is a series of small ponds atop Table Mountain, immediately southeast of the old
Pine Tree radar site, the largest of which is roughly 700m long by 50m wide. This rural, undeveloped
area of the Town also contains a series of narrow wetlands (fens) and seasonally intermittent streams
that run parallel to the inner folds of the bedrock of Table Mountain. The Gravels Pond is a salt water
body and is bound by two narrow strips of land that make up the Port au Port isthmus, which connects
the Port au Port peninsula to mainland Newfoundland. The Gravel Pond also defines the boundary
between the Town of Port au Port East and Town of Port au Port West -Aguathuna - Felix Cove.
Romaine's River is the largest watercourse of the Town and acts as the boundary between the Town and
the Town of Kippens (see 'Illustration 13'). There are other seasonally intermittent streams that run
northwestward off of Table Mountain into Port au Port Bay (East Bay). This includes Smelt Brook, which
acts as the boundary between the Town and the Local Service District of Fox Island River- Point au Mal.
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In general, the drainage pattern of the Town is defined by the contours of Table Mountain, which
dictate the flow of water northwest into Port au Port Bay (East Bay) and southeast into Romaine's River
flowing into Bay St. George.
The area adjacent to Romaine's River at the eastern boundary of the Town is a provincially designated
Sensitive Wildlife Area (see 'Illustration 14: Gypsum Cliffs on Romaine's River' and 'Illustration 15:
Sensitive Wildlife Areas').
lllustration 14: Gypsum Cliffs of Romaine's River
This area provides habitat for the Olive-sided Flycatcher and Rusty Blackbird, both of which are avian
species listed under the provincial Endangered Species Act. There are also other sensitive species of
rare flora located in this area (e.g. the endangered Lindley's Aster), most likely occurring on the western
and northern side of Romaine's River (see hatched area along river in Illustration 15). The habitat of the
Lindley's Aster is marked by forested areas within the floodplain of the river. In order to ascertain any
potential adverse impact on these species, Council shall forward any development proposal within these
areas to the Wildlife Division of the Department of Fisheries, Forestry and Agriculture. Based on
recommendations from this Division, Council may require the applicant to conduct a rare plant survey
prior to issuing any approval in principle or development permit.
The area atop Table Mountain immediately north of the Pine Tree radar site is also a provincial
designated 'Sensitive Wildlife Area' (see Illustration 15). The Southern Limestone Barrens provide
habitat to rare and endangered plant species. There are at least two (2) endangered plant species in the
area, including the Low Northern Rockcress and Lindley's Aster (see hatched area along Pine Tree in
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Illustration 15). The Low Northern Rockcress is the rarer of the two species and is found within the
exposed areas of the Southern Limestone Barrens. The extent of the Lindley's Aster is unknown, but
can be found in heath patches and small openings in shrubby terrain (see hatched area along Pine Tree
in Illustration 15). A third species, the Rock Dwelling Sedge, may-upon further survey investigation-
be discovered in the area, as the Limestone Barrens also provide habitat for this species at-risk plant.
r:J MPA
lindley's Aster (Unknown Extent -
Heath Patches/ Shrubby Terrain)
Habitat for Endangered Plants
0
1
2km
Low Northern Rockcress (Exposed
Areas of Limeston Barrens)
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Lindley's Aster (Fores
Habitat in River Floodp
Lindley's Aster (Forested
Habitat in River Floodplain)
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.
As highlighted in subsection 'B.2.7 Hinterland Area,' the Town is rich in undeveloped hinterland areas.
These areas are mainly located within the interior of the MPA, north of Route #460 (Main Road) and
west of Route #462. Hinterland areas include the Southern Limestone Barrens of Table Mountain (in
which the Pine Tree radar site is located), the western floodplain of Romaine's River, and largely
untouched forested lands with minor fens and streams. These areas contain an expanse of picturesque
wilderness; any proposed development in these areas must be done in a manner as to not jeopardize
the overall natural character of these lands.
The natural beauty of the Town is intrinsically linked with economic development opportunities and the
overall quality of life of residents and visitors alike. The protection of the coastline, watercourses and
wetlands are especially important, as they are an economic lifeline for the community. Tourism,
recreation, hunting/trapping activities are all in some way directly or indirectly related to these natural
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assets. As outlined in subsection 'B.2.3 First Nations,' the protection of natural areas is also critical in
helping to promote and preserve First Nations' culture and traditional land use activities.
Future development should be guided away from watercourses, wetlands, and other sensitive
environmental features. These areas, and adequate buffers therefrom, should be designated and zoned
accordingly to protect natural assets from future incompatible uses that may jeopardize the ecological
integrity and functioning of these natural systems.
As required under the provincial Water Resources Act and associated Policy for Development in Shore
Water Zones, any proposed construction within a wetland or water body, or within the shore waters of
a water body, requires prior approval from the provincial Water Resources Management Division.
Despite that an applicant may obtain a permit from the province for this form of development, Council
does not support the infilling of wetlands, piping of watercourses, or the creation of land along the
coastline for development purposes.
The construction of some buildings or structures along the coastline may also require a permit in
accordance with the provincial Water Resources Act. It is therefore the intent of Council to forward any
development proposal along the coastline to the provincial Water Resources Management Division.
Where development along the coastline does not require a permit from the province, Council shall
follow the provincial 'Chapter 14: Environmental Guidelines for Construction and Maintenance of
Wharves, Breakwaters, Slipways and Boathouses' when regulating such developments.
As outlined in subsection 'A.2 Physiography and Geology' of the Background Report, the southern
coastline of the Town, along Bay St. George, is susceptible to increased rates of erosion, as this area is
made up of mainly unconsolidated sand and gravel deposits. This area also contains substantial
residential development, as there is high development pressure for ocean-view properties along the
coastline. The western coastline of the Town, along Port au Port Bay, is in comparison more resilient to
erosion due to the consolidated nature of the exposed bedrock cliffs.
As was received through the provincial referral process, the Geological Survey of Newfoundland and
Labrador recommends a 40m development setback from the cliff edge. It is the intent of Council to
prohibit the development of main buildings of residential uses and select institutional uses (associated
with vulnerable populations) within this buffer, despite the permitted uses and discretionary uses of any
underlying use zone. It is also the intent of Council to prohibit any private, on-site septic or drainage
infrastructure within this buffer. Depending on the nature, impact and use of any other development
proposal within this buffer, Council may require a Geo-Technical Study, prepared by a professional
geologist or engineer, prior to issuing a development permit within this 40m cliff edge buffer. Further,
and where practical, it is the intent of Council to avoid locating public infrastructure (e.g. public streets
and public utilities) within this 40m cliff edge buffer.
Global warming and climate change will have an overall negative impact on the Town. Extreme weather
events will increase in intensity and be more frequent in nature. Combined with a rise in sea level, this
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will exacerbate storm surge and coastal rates of erosion. Overland flooding and infrastructure washouts
are also expected to increase due to higher precipitation events brought on by extreme weather. It is
the intent of Council to conduct a Climate Change Adaptation Study. The findings from this Study will
help guide and inform Council on how to avoid and mitigate potential negative effects caused by global
warming and climate change.
Further, Council encourages and supports environmentally responsible development within the Town.
This includes, but is not limited to development proposals that maximize the use of land whilst reducing
overall environmental impact, conservation design for subdivisions, and renewable power generation.
IB.2.10.2 Goal and Policies
It is a goal of Council to promote sustainable development in the Municipal Planning Area, whilst
preserving and enhancing sensitive environmental features.
It is a policy of Council to:
B.2.10.2 ll} Direct high impact land uses away from sensitive environmental features such as coastlines,
wetlands, water bodies and watercourses. Where such uses are proposed and are allowed as
discretionary uses under the Regulations, it is the intent of Council to require adequate buffers from
sensitive environmental features. Adding buffers under this policy is a discretionary decision of Council,
which may be added as a condition to the issuance of a development permit.
B.2.10.2 (2) Discourage the infilling of wetlands, piping of watercourses, or the creation of land along
the coastline for development purposes.
B.2.10.2 (3) Forward any development proposal along the coastline and in the shore water to the
provincial Water Resources Management Division for any requirement/issuance of a provincial permit.
B.2.10.2 (4) Where no provincial permit is required under policy B.2.10.2 (3), follow the provincial
'Chapter 14: Environmental Guidelines for Construction and Maintenance of Wharves, Breakwaters,
Slipways and Boathouses' when regulating proposed developments along the coastline.
B.2.10.2 (5) Avoid natural hazards and protect the coastline by discouraging future development in
areas that are acutely susceptible to erosion. Exercising authority of this provision is at the discretion of
Council.
B.2.10.2 (6) Encourage and support environmentally responsible development, including, but not
limited to, development proposals that maximize the use of land whilst reducing overall environmental
impact, conservation design for subdivisions, and renewable power generation.
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B.2.10.2 (7) Consider climate change impacts when assessing applications for development, initiatives
and capital works projects.
B.2.10.2 (8) Help protect sensitive and endangered wildlife in the Provincial Sensitive Wildlife Areas and
Habitat for Endangered Plants areas.
B.2.10.2 (9) Forward any development proposal within 15 metres of a water body to the Water
Resources Management Division for any requirements/issuance of a provincial permit for infilling.
IB.2.10.3 Proposals
It is a proposal of Council to:
B.2.10.3 (1) Further to policies B.2.10.2 (1) and (8) and as per proposals B.2.1.3 (2) (b) and B.2.1.3 (9),
protect environmentally significant and sensitive lands and features through the application of a
'Conservation (C)' future land use class and use zone. Lands designated and zoned C include, but are
not limited to, areas such as the Southern Limestone Barrens (i.e. Pine Tree area), southern coastline
along Bay St. George, coastline adjacent to the Gravels Beach along Port au Bay Bay (East Bay), buffer
along Romaine's River, and steep slopes. Uses allowed in the C use zone shall include low impact uses
such as, but not limited to, passive parks (public and private), mobile/transient uses, and other select
uses. Depending on the nature, scale, and compatibility of other uses in the 'Conservation (C)' future
land use class under proposal B.2.1.3 (2)(b), they may be listed as either permitted or discretionary uses
in the C use zone.
B.2.10.3 (2) Further to policies B.2.10.2 (3) and (5), implement an overlay, 'Cliff Edge Buffer (40ml'
overlay on the Future Land Use Classes Map and Zoning Map. Main buildings of residential uses and
select institutional uses (associated with vulnerable populations) shall be prohibited within this buffer,
despite the permitted uses and discretionary uses of any underlying use zone. Any private, on-site septic
or drainage infrastructure shall also be prohibited within this buffer. When considering any other
development application within this buffer-and depending on the nature, impact and use of the
development proposal-Council may require a Geo-Technical Report, prepared by a professional
geologist or engineer, prior to issuing a development permit within this buffer. Council shall also forward
any development proposal within this buffer to the Water Resources Management Division to
determine any provincial permitting requirements and development recommendations on the
protection of the coastline.
B.2.10.3 (3) Conduct a Climate Change Adaptation Study. The findings from this Study will help guide
and inform Council on how to avoid and mitigate potential negative effects caused by global warming
and climate change.
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B.2.10.3 (4) Further to policy B.2.10.2 (5), and where practical, avoid locating public infrastructure (e.g.
public streets and public utilities) within the 40m 'Cliff Edge Buffer (40m)' overlay buffer as outlined on
the Future Land Use Classes Map and Zoning Map.
B.2.10.3 (S) Further to policy B.2.10.2 (8), implement a 'Significant Wildlife Area (SWA) and Endangered
(End.) Plant Habitat' overlay on the Future Land Use Classes Map and Zoning Map. In order to ascertain
any potential adverse impact on endangered and sensitive plant species, Council shall forward any
development proposal within or adjacent to this overlay area to the Wildlife Division of the Department
of Fisheries, Forestry and Agriculture. Based on recommendations from this Division, Council may
require the applicant to conduct a rare plant survey prior to issuing any approval in principle or
development permit. (Note: As the Wildlife Division surveys, monitors, and gathers new information on
rare and endangered species, the boundaries of this overlay may change. The Town shall contact the
Wildlife Division regularly to ensure that these boundaries, and the application thereof, are kept
current.)
8.2.11 OPEN SPACE AND RECREATIONAL USES
ls.2.11.1 Overview
The Town's civic and recreational facilities are centralized near the intersection of Routes #460 (Main
Road) and #462 (Hynes Road / Point au Mal Road). This area includes the Town Office and Fire Hall,
Twilight 50+ Club, Maria Regina Catholic Church and Parish Hall, St. James Anglican Church and Hall, St.
Thomas Aquinas K-8 School with Port au Port Library (regional), and Dan Mcisaac Baseball Field &
Walking Track (see 'Illustration 16: Civic and Recreational Facilities'). The Town also owns the Port au
Port Tourist Information Centre (regional), which is located near the water treatment facilities,
approximately 1km west of the intersection of Routes #460 and #462.
The Town also contains numerous non-maintained, informal trails throughout its interior, north of
Route #460 and west of #462. These trails are mainly used for All-Terrain Vehicle (ATV) and snowmobile
use; but are also used by walkers, hikers, and mountain bikers alike. The Pine Tree radar site, for
example, is regularly used by residents for active recreation as the exposed country of the Southern
Limestone Barrens makes exceptional hiking terrain and the top of the site provides for a panoramic
view of the Port au Port Peninsula and the Long Range Mountains (see 'Illustration 17: View from Pine
Tree Falls'). There is also a non-operational, downhill ski development (Ski Pine Tree) in this area, which
has cleared trails and a chalet facility.
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Due to cost and resource constraints, Council does not intend on developing additional recreational
facilities and lands for public park uses. However, resources pending, Council may consider developing
improvements or modest additions to existing facilities. Further, in order to facilitate the efficient
coordination and sharing of resources, it is also the intent of Council to increase collaboration with
nearby municipalities and schools in offering complementary recreational facilities and the shared use
of facilities.
Where improvements or additions to existing facilities are implemented, it is the intent of Council to
help ensure that initiatives meet the diverse needs of residents, including but not limited to youth,
seniors, and persons with disabilities. Where possible, this shall include developing facilities and trails
that incorporate universal design principles.
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!llustration 17: View from Pine Tree Falls
jB.2.11.2 Goal and Policies
It is a goal of Council to promote and enhance recreational facilities and public open spaces in the
Municipal Planning Area.
It is a policy of Council to:
B.2.11.2 (1) Maintain and enhance existing municipal lands with recreational facilities (e.g. Don Mcisaac
Baseball Field and Walking Track) for continued public use.
B.2.11.2 (2) Explore community support and feasibility of broadening recreational activities and
facilities within the Town.
B.2.11.2 (3) Increase collaboration with nearby municipalities and schools in offering complementary
recreational facilities and the shared use of facilities.
B.2.11.2 (4) Support existing and future recreational facilities and public open spaces that will meet the
diverse needs of residents, including but not limited to youth, seniors, and persons with disabilities.
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jB.2.11.3 Proposals
It is a proposal of Council to:
B.2.11.3 (1) Further to policy B.2.11.2 (2), explore the possibility of conducting a field study to map
informal trails throughout the interior of the Town, north of Routes #460 (Main Road) and #462 (Hynes
Road / Point au Mal Road). Council may then consider protecting these corridors through attaining
Crown Lands, and re-designating the corridors on the Future Land Use Classes Map or rezoning on the
Zoning Map.
B.2.11.3 (2) Further to policy B.2.11.2 (2), explore potential recreational facilities and/or activities that
may support the Town as a tourist hub destination. This may take the form of a feasibility a study, which
may be housed within or be supplementary to the ten (10) year Economic Development Plan called for
under proposal 8.2.9.3 (3).
B.2.11.3 (3) Further to policy B.2.11.2 (4), develop future recreational facilities and public open spaces
that incorporate universal design principles:
(a) Equitable Use: The design is useful and marketable to people with diverse abilities.
(b) Flexibility in Use: The design accommodates a wide range of individual preferences and abilities.
(c) Simple and Intuitive Use: Use of the design is easy to understand, regardless of the user's
experience, knowledge, language skills, or current concentration level.
(d) Perceptible Information: The design communicates necessary information effectively to the
user, regardless of ambient conditions or the user's sensory abilities.
(e) Tolerance for Error: The design minimizes hazards and the adverse consequences of accidental
or unintended actions.
(f) Low Physical Effort: The design can be used efficiently and comfortably with minimum fatigue.
(g) Size and Space for Approach and Use: Appropriate size and space is provided for approach,
reach, manipulation, and use regardless of user's body size, posture, or mobility.
B.2.11.3 (4) Acquire land for public open space through the subdivision process, in accordance with the
Regulations, and other means such as purchase, easements, lease agreements, or expropriation. The
following will be considered during the process of acquiring land for open space:
(a) The likely impact on maintenance and property tax costs;
(b) Existence of other nearby facilities;
(c) Physical suitability for the intended purpose;
(d} Potential for integration with existing recreational facilities and public open spaces; and
(e) Compatibility with existing and proposed adjacent land uses.
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B.2.12 ARCHAEOLOGICAL AND HISTORICAL SITES
JB.2.12.1 Overview
The Provincial Archaeology Office (PAO) has one (1) registered archaeological site on record within the
Town. This site, known as the East Bay Chert Outcrop (DdBq-04), is a source of lithic material that may
have been utilized over 1000 years ago by indigenous groups known archaeologically as Dorset and
Little Passage. This site is protected under the Historic Resources Act, RSNL 1990, c H-4. There are no
registered historic buildings within the Town.
Notwithstanding the above, the Pine Tree radar site has local historic significance to residents of the
Town. Due to the conjoint efforts of the United States and Canada, the Pine Tree radar site was
developed in the 1950s as a part of the North American Aerospace Defense Command (NORAD)
program. In addition to the infrastructure and equipment that made up the Aircraft Control and
Warning (AC&W) station site, the operation also included dormitories, shops, warehouses, and dining
halls (see 'Illustration 18: Pine Tree NORAD Site Ca. 1958'). All that remains of the site today is
unmanned radio control equipment, such as a dome, satellite dishes, and an aircraft beacon used for
instrument landing.
Illustration 18: Pine Tree NORAD Site Ca. 1958
Council recognizes the importance of the Town's sites of archaeological and historical significance. The
Town will take a proactive and supportive approach in protecting these sites in perpetuity. Council is
also aware of the importance of identifying, protecting and preserving future sites.
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IB.2.12.2 Goal and Policies
It is a goal of Council to support and encourage the protection and preservation of archaeological and
historical sites.
It is a policy of Council to:
B.2.12.2 (1) Work collaboratively with the Provincial Archaeology Office in helping to preserve and
protect known archaeological and historical sites; and to help identify, protect and preserve future
sites.
IB.2.12.3 Proposals
It is a proposal of Council to:
B.2.12.3 (1) Refer any public works or major development plan within the Town to the Provincial
Archaeology Office for review. In accordance with paragraph 13(1)(a) of the Historic Resources Act and
where deemed appropriate by the Provincial Archaeology Office, archaeological surveys may be
required by the Provincial Archaeology Office in areas of high potential for discovery prior to
development to safeguard any site of historic significance yet to be discovered.
B.2.12.3 (2) In accordance with subsection 10(1) of the Historic Resources Act, the discovery of historic
resources that has occurred in result of undertaking any development or land disturbance activity,
immediately notify the Provincial Archaeological Office. In accordance with subsection 10(2) of the
Historic Resources Act, a person, other than one to whom a permit has been issued under the Historic
Resources Act, who discovers an archaeological object or a significant fossil shall not move, destroy,
damage, deface, obliterate, alter, add to, mark or interfere with or remove that object or fossil from the
province. The Provincial Archaeology Office may issue a temporary stop work order for said
development or land disturbance activity in accordance with section 31 of the Historic Resources Act.
B.2.12.3 (3) Build awareness in the local builder and developer community of the requirements of the
Provincial Archaeology Office regarding the discovery of historic resources.
8.2.13 SIGNS
IB.2.13.1 Overview
Council recognizes the importance of signs for commercial businesses, governmental organizations,
non-profit organizations and community events. Signs are an integral part of economic development
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and distributing community-wide messages. Sign installation constitutes development as defined under
the Urban and Rural Planning Act, 2000. Unless otherwise exempted under the Plan and Regulations, a
development permit is required from the Town prior to sign installation. Signage did not emerge as a
contentious issue through the public participation program for the development of this Plan. This is
unsurprising given that the Town is primarily a residential community and signage is largely associated
with commercial uses and developments. However, in order to be prepared for potential, future land
use conflict, it is the intent of Council to have robust signage provisions in place to control the future
development of signs within the Town.
Illustration 19: Example of Ground Sign
Although the signage provisions in the Regulations shall be robust enough to deal with any type of sign
installation, it is the intent of Council to take an overall permissive approach to the regulation of signs
within the Town. This includes exempting the majority of sign types from the requirement of a
development permit. Despite these exemptions, robust signage provisions will help ensure that any
future signs are installed in a safe manner that respects neighbourhood character and minimizes land
use conflict. This means that although specific sign types may be exempt from the requirement of a
development permit, the illegal placement of signs may still be enforced by the Delegated Employee
and Council.
The various sign types are listed under 'Appendix C: Use Category Table' of the Regulations. For
clarification and ease of use, signs are listed under its own use group in Appendix C. Each sign type is
also defined under 'Appendix B: Definitions' of the Regulations. Each use zone under subsection 'E.2
Use Zone Regulations' has its own sign category to indicate permitted, discretionary, and prohibited use.
In the 'Community Development {CD)' use zone, for example, all sign types except for billboard signs
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and electronic message board signs constitute permitted uses. A billboard sign or an electronic message
board sign can have a substantial land use impact on neighbouring property owners, therefore it is
critical to notify these residents and take their concerns into consideration prior to issuing a
development permit.
Signage provisions are outlined as a stand-alone section in the Regulations (see subsection 'C.2 Signage'
in the Regulations). Where the intent of Council is to take a permissive approach to regulating signage,
there is an extensive list of exemptions from the requirement of a development permit. For example,
sign re-facing does not require a development permit (see subsection C.2.1 (b) of the Regulations). In
accordance with subsection C.2.3 (a) of the Regulations, new canopy, facial wall, portable, projecting,
roof, and sandwich board signs are also exempt from the requirement of a development permit. Unless
otherwise specified in the Regulations, a development permit shall only be required for new billboard,
electronic message board, and ground signs (e.g. pylon signs).
As outlined above, an exemption from the requirement of a development permit does not exempt the
property owner from following the signage provisions under the Regulations. Signs can create safety
hazards such as obstructing the sight-lines of drivers (e.g. a large sign installed at the intersection of
streets); creating excessive diversion of the attention of drivers (e.g. through excessive brightness,
flashing messages or lights); or being structurally unsafe or placed as a potential obstruction hazard
(e.g. portable signs that are lightweight and may be blown into the street). It is therefore the intent of
Council to regulate signs in safe manner that helps mitigate and avoid the risk of hazards. Subsection
'C.2.4 Prohibitions' in the Regulations therefore includes a wide range of safety provisions for the
development of signs, which may be updated and amended by Council from time-to-time.
Sign installation along provincial streets within the Town is regulated under the provincial Highway Sign
Regulations, 1999. As per subsection 5(3) of the regulations, the control lines of provincial authority are
within 100m of the centre line of a provincial street within a municipality. This covers a large
developable portion of the Town. It is the intent of Council to avoid the duplication of municipal and
provincial signage provisions and permits. An amendment was made to the Highway Sign Regulations,
1999 in 2016 to allow municipalities to apply for an exclusion from the regulations. Where all provincial
roads within the Town have a speed limit of 60km/h or less (Route #462, Hynes Road / Point au Mal
Road; and Route #460, Main Road), it is the intent of Council to avail of this provision by applying to the
Minister of Municipal and Provincial Affairs for an exclusion from the application of the Highway Sign
Regulations, 1999 within the MPA.
B.2.13.2 Goal and Policies
It is a goal of Council to support the development of signs for commercial businesses, governmental :
, organizations, non-profit organizations and community events by regulating signs in a permissive yet
, safe manner.
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It is a policy of Council to:
B.2.13.2 (1) Implement robust signage provisions in the Regulations, which prepare the Town for
potential, future land use conflict and the enforcement of unsafe signs.
B.2.13.2 (2) Exempt the majority of sign types from the requirement of a development permit, as
implemented through the Regulations. A development permit exemption, however, does not exempt
the property owner from adhering to the applicable signage provisions in the Regulations. Non-
compliant signage may be enforced in accordance with the Urban and Rural Planning Act, 2000 and the
Regulations.
B.2.13.2 (3) Outline sign types with high potential for land use conflict as discretionary or prohibited
uses in the use zones of the Regulations.
B.2.13.2 (4) Avoid the duplication of municipal and provincial signage provisions and permits.
B.2.13.3 Proposals
· It is a proposal of Council to:
B.2.13.3 (1) Further to policy B.2.13.2 (3), consider an electronic message board sign as a discretionary
use in the 'Community Development (CD)', 'Residential (RES)', 'Rural (R)', and 'Industrial (IND)' use
zones. An electronic message board sign shall constitute a prohibited use in all other use zones.
B.2.13.3 (2) Further to policy B.2.13.2 (3), consider a billboard sign as a discretionary use in the
'Community Development (CD)', 'Rural (R)', and 'Industrial (IND)' use zones. A billboard sign shall
constitute a prohibited use in all other use zones.
B.2.13.3 {3) Unless otherwise specified in the Regulations, require a development permit for billboard
signs, electronic message board signs, and ground signs only.
B.2.13.3 (4) Further to policy B.2.13.2 (4), implement a 'despite all' clause in the Regulations that
exempts the applicant or property owner from the signage provisions (including the requirement of a
development permit) of the Plan and Regulations where the provincial Highway Sign Regulations, 1999
are still in force and effect in the Municipal Planning Area. Further, despite any provision in this Plan, an
electronic message board sign, billboard sign, and off-site sign are strictly prohibited within the
provincial area of jurisdiction, where the Highway Sign Regulations, 1999, 85/99 remain in force and
effect.
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B.2.13.3 (S) filill.ly, at a future time subsequent to the initial Gazette date of the Plan and Regulations,
to the Minister of Municipal and Provincial Affairs for an exclusion from the application of the provincial
Highway Sign Regulations, 1999 within the M unicipal Planning Area.2
2
If an exclusion is obtained from the Minister in accordance with proposal B.2.13.3 (S), Council must amend the Pion and
Regulations in order to apply the Town's signage provisions to the current area of provincial jurisdiction as outlined in
the Highway Sign Regulations, 1999.
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C.1 OVERVIEW
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The Plan serves as the blueprint for the future of the Town for 2022- 2032. However, it is critical that
the Plan is put into action through a strategic implementation program. Any growth and development
that will occur in the MPA will largely be driven by private investment. The Town's role in
implementation is to help guide and shape private investment, and in effect implement the Plan in a
cooperative framework with the private sector. Municipal services, regulations, and expenditures are a
means to encourage or discourage the extent and form of new development. Successful
implementation of the Plan involves:
-
Effectively administering the Plan and Regulations;
-
Conducting and implementing recommended studies;
-
Developing and implementing municipal land assembly programs; and
-
Adopting a municipal capital works and budgeting program.
C.2 ADMINISTRATION OF PLAN AND REGl)LATtQ~S:,..,._ .. ~.,~--- ... -~~ .... ~,~~~~;-~.:~-:;:
C.2.1 DIVISION OF POWERS
In order to effectively administer the Plan and Regulations, Council should assign the majority of its
operational tasks to an employee of the Town. This employee may also be given delegated authority by
Council, pursuant to the Act, to issue orders and render decisions (i.e. approve or reject applications, to
develop land in accordance with the Plan and Regulations, and may outline the conditions applicable to
that development). Operational tasks include the intake of applications and requests, and fulfillment of
administrative requests. Where an employee is given delegated authority under the Act, this would also
include the issuance of basic development/building permits for uses and developments that do not
warrant discretionary approval from Council (e.g. permitted uses). This approach will help ensure that
requests and applications are reviewed, approved, and implemented in a straightforward and timely
manner.
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There are certain types of discretionary approvals that the Delegated Employee shall not issue a
development/building permit for. These include applications for discretionary uses, variances, non-
conforming uses, and amendments to the Plan and/or Regulations. It is thus important that Council
adopt Regulations that make clear the division of powers between the Delegated Employee and
Council. This streamlining of areas of jurisdiction, administrative requests and application types will help
clarify the day-to-day roles and responsibilities of the Delegated Employee and Council in implementing
the Plan and Regulations.
C.2.2 PUBLIC CONSULTATION AND PARTICIPATION
This Plan was developed through the implementation of a thorough public participation program (see
the Public Participation Report). The requirement of public consultation is detailed under section 14 of
the Act. This section requires Council to engage and consult "interested persons, community groups,
municipalities, local service districts, regional economic development boards and the departments of
the government of the province." Section 25 requires Council to implement the same consultation
process under section 14 for an amendment to the Plan. The Act and Minister's Development
Regulations also require the Town to engage and consult the public when rendering decisions on
certain planning applications (e.g. discretionary uses, variances, non-conforming uses). These
requirements must be reflected in the authority's Development Regulations; and are thus summarized
in subsection 'A.2.2.12 Public Notice and Written Comments' of the Regulations.
However, the legislative requirements for discretionary applications and amendments should be viewed
as a minimum in conducting public participation for substantive developments and community-wide
planning initiatives. Involving residents prior to the formal application stage and legislative process is an
opportunity to promote community-based design and may help align the interests and goals of
residents, community stakeholder groups, developers, and Council alike. The successful implementation
of this Plan will thus hinge on the degree of involvement of residents and community stakeholder
groups in helping shape the future of the Town.
C.2.3 DEVELOPMENT REVIEW AND APPROVAL PROCESS
A clear, concise, and understandable development review and approval process under the Regulations is
required for the successful implementation of this Plan. As outlined in subsection 'C.2.1 Division of
Powers,' Council should delegate as much decision-making authority as possible to the Delegated
Employee to help expedite the day-to-day operations of development matters within the Town. The
Regulations should be viewed as an initial structure for framing out the development review and
approval process. As the implementation period of this Plan progresses, the Delegated Employee and
Council may require the creation of additional application forms, standard operating procedures, and
policies of Council to help improve service levels and operational efficiencies.
Town of Port au Port East
Municipal Plan {2022-32)
Page 59 of 70
C.2.4 PERFORMANCE-BASED DISCRETIONARY DECISION-MAKING
The provincial legislative planning framework in Newfoundland and Labrador affords Council with broad
discretionary powers to regulate development for the health and well-being of residents in the MPA. As
opposed to other provincial contexts, property owners do not have as-of-right development rights.
Despite that a proposed development meets all the development provisions of the Regulations, Council
retains the right to refuse the proposal if there is justification that the development is not in harmony
with t he policies and proposals of the Plan. These overarching discretionary powers are implemented
through subsection 'A.2.2.7 Refusal or Conditions - Council' of the Regulations.
However, Council is expected to act in good faith when making discretionary decisions on development
applications. Refusing a proposed development or adding conditions to a development permit (or
approval in principle request) must include reasons in writing that are based on provisions of the Plan
and Regulations. This is required in accordance with subsection 35(1)(g) of the Act and is implemented
through subsection 'A.2.1.6 Refusal or Conditions - Delegated Employee' of the Regulations. In making
discretionary decisions, Council should adopt a consistent and methodical process for considering each
application. Adopting a performance-based approach allows Council to assess the proposal based on
the specific nature, scale, and land use context of the proposed use and development.
'Appendix C: Performance-based Rubric' is included as a tool to help Council in exercising discretionary
decision-making authority-specifically when making a discretionary decision to refuse or add
conditions to a development permit. The rubric is divided into three sections:
1. Potential for Nuisance;
2. Neighbourhood Compatibility; and
3. Policies and Proposals of the Municipal Plan.
The proposed development is assessed for each category. Depending on the number of points scored
by the proposed development, Council may refuse or approval the development application. This
structured approach will help ensure that Council is exercising its discretionary, decision-making
authority in a consistent and structured manner. The results of the rubric assessment may also be used
to supply to the applicant in justifying the decision of Council, thus fulfilling the above-noted
requirements of the Act.
C.2.5 PROFESSIONAL ADVICE AND CERTIFICATION
The implementation of the Plan and Regulations may require the occasional professional consultant to
give advice and certify plans, reports, or other documents. In accordance with subsection 13(1) of the
Act, "A plan and development regulations made under this Act and amendments to them shall be
certified by a person who is a fellow or full member of the Canadian Institute of Planners" -an FCIP or
MCIP professional planner, respectively. A Plan amendment application or Regulations amendment
application therefore requires the certification of an MCIP or FCIP professional planner. As a part of
Town of Port au Port East
Municipal Plan (2022-32)
Page 60 of 70
rendering services to Council, certification encompasses professional planning advice on whether or not
the proposed amendment meets the intent ofthe Plan and detailed provisions of the Regulations.
Additional information or study may be required by an employee of the Town or Council to evaluate the
impact of a proposed development on the:
i.
Town's infrastructure including, but not limited to, the required upgrading of public streets and
public utilities;
ii. Compatibility with surrounding land uses;
iii. Established character of the immediate neighbourhood;
iv. Health, safety, and general well-being of residents of adjacent properties, the immediate
neighbourhood, or the Town as a whole; and
v.
Natural environment, which may include, but is not limited to, steep slopes, watercourses,
water bodies, watersheds, water supplies, wetlands, and wildlife habitats.
The Delegated Employee or Council may therefore require the submission of certified reports or studies
prepared by professionals including, but not limited to, planners, engineers, geologists, surveyors, or
landscape architects. Where the initiative or proposal is not driven by Council, the cost of such reports
or studies should be borne by the applicant. This provision is implemented in further detail through
subsection 'A.2.1.3 Requirement for Additional Information or Study' of the Regulations.
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C.3 RECOMMENDED STUDIES AND INITIATIVES
.
,
~i .. ~.1:: .. i;.!t.-:t:-
.~ -- ...,._
J-...
There are numerous studies and initiatives called for throughout the proposals of Council under
subsection 'B.2 Land Use Goals, Policies and Proposals.' Although the Plan is the overarching blueprint
for the future direction of the Town, supporting studies and initiatives help realize the goals and
objectives therein. A summary from subsection B.2 is outlined in the following table.
Proposal
Study or Initiative
Professional
B.2.5.3 (2)
Emergency Measures Plan
NA
B.2.6.3 (2)
Antenna Systems Siting Protocol
Planner (FCIP or MCIP)
B.2.9.3 (3)
Placemaking Action Plan (10-year)
Economic Development Officer (Ee. D.;
Economic Developers Association of Canada)
B.2.10.3 (3) Climate Change Adaptation Study
Planner (FCIP or MCIP)
B.2.11.3 (1) Delineation of and Protection of Informal Trails
Planner (FCIP or MCIP)
B.2.11.3 (2) Recreational Hub Feasibility Study
Planner (FCIP or MCIP)
B.2.13.3 (5) Application to the Minister of Municipal and Provincial
Planner (FCIP or MCIP)
Affairs for Exclusion from the Provincial Highway Sign
Regulations, 1999 within the Municipal Planning Area
It is important to note that Council is not obligated to complete any study or initiative outlined in the
Plan. Further, the summary of proposed studies and initiatives is not exhaustive; Council may retain
professional consultants or other researchers and individuals to conduct studies or implement
initiatives on behalf of the Town.
C.4 MUNICIPAL LAND ASSEMBLY PROGRAM
.
In order to implement certain policies and proposals of the Plan, Council may need to develop and
implement a municipal land assembly program for certain projects or initiatives. Council may attain land
through various means such as private sale and purchase, expropriation, granting of Crown Lands, or
requiring land for public open space through the subdivision process (see subsection 'D.8 Land for
Public Open Space' in the Regulations).
However, Council is given specific authority under the Municipalities Act, 1999 to attain, use, and
expropriate lands for intended purposes. In accordance with subsection 201(2) of the Municipalities
Act, 1999, Council must receive ministerial approval prior to attaining lands that are not required for the
necessary operations of Council (e.g. economic development initiatives).
As per section 9 of the Lands Act, the Minister may grant lands up to l0ha in area to the Town-free of
charge, but with an administration fee-for an undertaking that is in the public interest, which does not
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include economic development purposes. The granting of Crown Lands in excess of 10ha requires the
approval of the Lieutenant-Governor in Council.
Part IX of the Urban and Rural Planning Act, 2000 and Part X of the Municipalities Act, 1999 outline the
powers of expropriation that may be exercised by Council. Each expropriation request requires approval
from the Minister of Municipal and Provincial Affairs. In general, Council may expropriate lands for
public parks and trails and the regular operations of the Town (e.g. acquiring lands for new streets,
widening existing streets, or for new municipal facilities or infrastructure). Council is not permitted to
exercise expropriation powers for economic development purposes.
C.S MUNICIPAL CAPITAL WORKS AND BUDGETING PROGRAM
Where and how Council chooses to spend funds each year can have a significant impact on the future
development of the Town. Developing a municipal capital works and budgeting program will help
Council plan and prioritize annual expenditures. Funds should be strategically allocated in a manner
that helps achieve the policies and proposals outlined under subsection 'B.2 Land Use Goals, Policies
and Proposals.' Further, it is the intent of Council to apply for and avail of funding from the provincial,
Municipal Capital Works program in order to help implement this Plan.
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Appendix A: Amendments
Municipal Plan
Amendments
Format: MPA-YYYY-##
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Section and/or
Development Regulations
Schedule Amended
Amendments
Format: DRA-YYYY-##
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Municipal Plan (2022-32)
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Section and/or
Gazette Date
Schedule Amended
(Legal Effect)
Appendix B: Future Land Use Classes and Use Zones
Note: The following table summarizes the future land use classes (see attached Future Land Use Classes
Map) and subsidiary use zones (see the Zoning Map of the 'Development Regulations (2022-32}'}.
Future
Land Use
Classes
Land Use Zones
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Development (D)
Community
Development
(CO)
Residential
(RES)
Rural (R)
Industrial (IND)
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Municipal Plan (2022-32)
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Conservation
Water Supply
(Cl
(WS)
Conservation
Water Supply
(C)
(WS)
Appendix C: Performance-based Rubric
Overview:
The following performance-based rubric is intended as a guide to assist Council in making discretionary
decisions for development applications (e.g. refusing a permitted use; refusing or adding conditions to a
discretionary use, variance, or non-conforming use application). However, the rubric need not be used
by Council in making discretionary decisions.
This rubric should not be used for rendering a decision on a Plan amendment application or
Regulations amendment application (subsection 'A.2.2.11 Amendment to Plan and/or Regulations'). A
decision to refuse an amendment application need not be justified by Council and cannot be appealed
by the applicant under the Urban and Rural Planning Act, 2000.
How to Use the Rubric:
The rubric is designed to help Council rationalize a discretionary decision. Each category is assigned a
weighted value between 1 (undesirable) and 5 (desirable). There are three sections for performance-
based assessment:
1. Potential for Nuisance;
2. Neighbourhood Compatibility; and
3. Policies and Proposals of the Municipal Plan
In order for the proposed development to be approved by Council, the proposal must attain a 'pass' in
each section. In order to attain a pass in each section, the proposed development must score:
1. No less than 3 in any applicable category; and
2. A total of 4 X (# of applicable categories).
Depending on the nature of the proposed development and surrounding land use context, not all
categories will apply. Council will have to make this initial determination of which categories are
'Applicable (A)' or 'Not Applicable (NA).'
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1. Potential for Nuisance
Applicable (A) or
Nuisance Category
1
2
3
4
5
Not Applicable
(High)
(Med-High)
(Med)
(Med-Low)
(Low)
(NA)
Dust3
Noise
4
Odour5
Light Pollution
6
Vibration7
Note: The temporary construction of structures ond buildings should not be included in this onolysis, os the effects of which
are temporary in nature and not a part of the ongoing use of the development.
3
E.g. Dust from an industrial use or commercial- automotive establishment use
4
E.g. Noise from traffic or trucking, animals, indoor or outdoor entertainment use
5
E.g. Odour from industrial use processes or agricultural- large scale use
6
E.g. Light trespass from an illuminated parking lot, electronic message board or back-lit signs
7
E.g. Vibration from mine or mineral working uses, or commercial wind farm
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~~
~
2. Neighbourhood Compatibility
Applicable (A) or
Compatibility
1
2
3
4
5
Not Applicable
Category
(Low)
(Med-Low)
(Med)
(Med-High)
(High)
(NA)
Public Support
8
Nature and Intensity
of Use9
Building/ Structure
Massing and Height10
Building
Architectural Style11
Alignment of
Development12
8
As determined through feedback from the public notice and consultation requirements, which are summarized under
subsection 'A.2.2.12 Public Notice and Written Comments' of the Regulations.
9
'Nature and scale of use' refers to how the proposed use is compatible with neighbouring properties. (E.g. On the
whole, does Council feel the proposed use would positively or negatively change the character of the neighbourhood?)
10 'Building/ structure massing' refers to how the proposed development is within reasonable range of the footprints and
heights of neighbouring buildings and structures. (E.g. Would the proposed development dominate over neighbouring
small scale structures and buildings?)
11 'Building architectural style' refers to how the proposed building is in harmony with the architectural styles of
neighbouring buildings.
12 'Alignment of development' refers to how the proposed structure or building generally aligns with neighbouring
developments. (E.g. Does the proposed development meet the requirements of subsection 'B.11 Building and Structure
Line Setback' of the Regulations? Are porches, stairs, and decks in general alignment of one another, thus contributing
or detracting from the established character of the neighbourhood and streetscape?)
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3 P r ·
o 1c1es an dP
f h M
rooosa so t e
unicipa I I
Pan
Applicable (A) or
Land Use Goals,
1
2
3
4
5
Not Applicable
Policies and Proposal (Low)
(Med-Low)
(Med)
(Med-High)
(High)
(NA)
Section of Municipal
Plan (B.2)
B.2.1 Overall
Development
Strategy
B.2.2 Legal Non-
conforming Uses
B.2.3 First Nations
B.2.4 Public Streets
and the Subdivision
of Lands
B.2.5 Public and
Safety Emergency
Services
B.2.6 Public Utilities
B.2.7 Hinterland
Areas
B.2.8 Residential
Uses
B.2.9 Economic
Development,
Commercial and
Industrial Uses
B.2.10 Protection of
the Natural
Environment
B.2.11 Open Space
and Recreational
Uses
B.2.12
Archaeological and
Historical Sites
B.2.13 Signs
Note: Where 1 (Low) or 2 (Med-Low) is assigned ta ony category, Council should elaborate by specifying and explaining which
policies or proposals ore not aligned with the proposed development os per the following template.
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~~
~
Category: _____ (e.g. B.2.1)
Policy or Proposal:
(e.g. B.2.1.2 (1))
Reason(s) why the proposed development is not aligned with the policy or proposal:
Category: _____ (e.g. B.2.1)
Policy or Proposal:
(e.g. B.2.1.2 (1))
Reason(s) why the proposed development is not aligned with the policy or proposal:
Category: _____ (e.g. B.2.1)
Policy or Proposal:
(e.g. B.2.1.2 (1))
Reason(s) why the proposed development is not aligned with the policy or proposal:
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