Town of Port au Port West-Aguathuna-Felix Cove Municipal Plan
Port au Port West-Aguathuna-Felix Cove, Newfoundland and Labrador
· adopted 2020-06-19
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original document ·
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unofficial consolidation, the official version is held by the municipal clerk.
Prepared by:
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Sml!h Communih.1 Plennlnq
Project ID: NMP-01-2018-001
Town of Port au Port West -Aguathuna - Felix Cove
- MUNICIPAL PLAN (2019-29)
Approved by Council on:-------------------------------------
Published in the NL Gazette on: __________________ _
Prepared for the Town Council of:
Resolution to Adopt. ............................................................................................................................................................ 3
Resolution to Approve ......................................................................................................................................................... 4
Section A: Plan Framework .................................................................................................................................................. 5
A.1 Purpose and Contents .............................................................................................................................................. 5
A.2 The Planning Process ............................................................................................................................................... 6
Section B: Plan Direction ...................................................................................................................................................... 8
B.1 Municipal Plan Goals and Objectives ....................................................................................................................... 8
B.2 Land Use Goals, Policies and Proposals .................................................................................................................... 9
B.2.1 Overall Development Strategy ......................................................................................................................... 9
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 ............................................................................................................................................ 32
B.2.8 Residential Uses ............................................................................................................................................. 35
B.2.9 Economic Development, Commercial and Industrial Uses ............................................................................ 37
B.2.10 Protection of the Natural Environment ....................................................................................................... 41
B.2.11 Open Space and Recreational Uses ............................................................................................................. 44
B.2.12 Sites and Structures of Archaeological and Historical Significance ............................................................. 49
B.2.13 Signs ............................................................................................................................................................. 50
Section C: Implementation ................................................................................................................................................ 54
C.1 Overview ................................................................................................................................................................ 54
C.2 Administration of Plan and Regulations ................................................................................................................. 54
C.2.1 Division of Powers .......................................................................................................................................... 54
C.2.2 Public Consultation and Participation ............................................................................................................ 55
C.2.3 Development Review and Approval Process ................................................................................................. 55
C.2.4 Performance-based Discretionary Decision-making ..................................................................................... 56
C.2.5 Professional Advice and Certification ............................................................................................................ 56
C.3 Recommended Studies and Initiatives ................................................................................................................... 58
C.4 Municipal Land Assembly Program ........................................................................................................................ 58
C.5 Municipal Capital Works and Budgeting Program .................................................................................................. 59
Appendix A: Amendments ................................................................................................................................................. 60
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Town of Port au Port West- Aguathuna- Felix Cove
Municipal Plan (2019-29)
Page 1 of 66
Appendix B: Future Land Use Classes and Use Zones ....................................................................................................... 61
Appendix C: Performance-based Rubric ............................................................................................................................ 62
Town of Port au Port West- Aguathuna- Felix Cove
Municipal Plan (2019-29)
Page 2 of 66
Urban and Rural Planning Act, 2000
Resolution to Adopt
Town of Port au Port West-Aguathuna- Felix Cove Municipal Plan {2019-29)
Under the authority of Section 16 of the Urban and Rural Planning Act, 2000, the Town Council of Port
au Port West- Aguathuna - Felix Cove adopts the Town of Port au Port West - Aguathuna - Felix Cove
Municipal Plan (2019-29).
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Adopted by the Town Council of Port au Port West- Aguathuna- Felix Cove on the 2. 6
day of
s~'f ..\- t-' 1, o~
2019.
Signed and sealed this t ,-i..day of Ve"'~ -
be ,
Mayor: Chl4~M~
Clerk: _..,.._/L~-y----+-~----==--
2019.
Canadian Institute of Planners Certification
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I certify that the attached Municipal Plan was prepared in accordance with the requirements of the
Urban and Rural Planning Act, 2000.
z4r,~
Andrew C. Smit h, MCIP
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Town of Port au Port West- Aguathuna- Felix Cove
Municipal Plan (2019-29)
Page 3 of 66
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Urhan and Rural .Planning Act, 2000
Resolution to Approve
Town of Po.rt au Port West-Aguathuna- Felix Cove Municipal Plan (2019-29)
Undet the authority of Sectlon 16, Section J 7 and Section J8 of the Urban and Rural Planning Act,
2000, the Town CounciJ of Port au Port West- Aguathuna- Felix Cove:
Adopted the Town of Port au Port West- Aguathuna- Felix Cove Municipal Plan (2019-29) on the
J. o -K day of 5 e 42/ e. -
It,~ ~
, 2019;
I
Gave notice of the adoption of the Town of Port au Port West - Agualhuna - Felix Cove
Municipal Plan (2019-29) by advertisement, inserted on the CX J"~ ay and the Jo ti,day of
0 c,......h,. I,, /
2019 in ttie Western Star; and
Set the 1 P. day of /v t> J t. .- I.. a./
at 7:00 p.m. at the Town Office, Port au Port
West
- Aguathuna - Felix Cove, tor the holding of a public hearing to consider objections and
submissions.
Now under the authority of Section 23 of the Urban and Rural Planning Act, 2000, the Town Council of
Port au Port West- Aguathuna - Felix Cove approves the Town of Port au Port West- Aguathuna - Felix
Cove Municipal Plan {20] 9-29), as adopted.
SIGNED AND SEALED this b +-d ay of Vee-~--- be II""'
Mayor: ~
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Clerk: _
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Municiprtl Plan/Amcndmcnl
REGISTERED
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Sign.11u re_..:.;..~
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2019.
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Town of Port au Port West- Aguathuna- Felix Cove
Municipal Plan (2019-29)
Page 4 o' 66
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Urban and Rural Planning Act, 2000
Resolution to Approve
Town of Port au Port West - Aguathuna- Felix Cove Municipal Plan (2019-29)
Under the authority of Section 16, Section 17 and Section 18 of the Urban and Rural Planning Act,
2000, the Town Council of Port au Port West- Aguathuna- Felix Cove:
Adopted the Town of Port au Port West- Aguathuna- Felix Cove Municipal Plan (2019-29) on the
io-Kdayof Se4/e,,rtAh-e.l""
,2019;
I
Gave notice of the adoption of the Town of Port au Port West - Aguathuna - Felix Cove
Municipal Plan (2019-29) by advertisement, inserted on the o/ J"'~ay and the Jo n,day of
0 c..,.,h J, t /
2019 in the Western Star; and
Set the 1 rt,. day of tJ T:> J e.""" L .._ /
at 7:00 p.m. at the Town Office, Port au Port
West
- Aguathuna - Felix Cove, for the holding of a public hearing to consider objections and
submissions.
Now under the authority of Section 23 of the Urban and Rural Planning Act, 2000, the Town Council of
Port au Port West - Aguathuna- Felix Cove approves the Town of Port au Port West - Aguathuna- Felix
Cove Municipal Plan (2019-29), as adopted.
SIGNED AND SEALED this {/
.. d ay of Ve"~--- tJ-e t"'
Mayor: ~
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Clerk:-~/(
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Municip}il Plan/Amendment
REGISTERED
Date _
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Sign atu l'e __________ _
2019.
Town of Port au Port West- Aguathuna- Felix Cove
Municipal Plan (2019-29)
Page 4 of 66
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A.1 PURPOSE AND CONTENTS
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Note: Italicized words are defined in the 'Development Regulations (2019-29)'
The 'Town of Port au Port West- Aguathuna - Felix Cove - Municipal Plan (2019-29)' (henceforth the
Plan) is the legal document for guiding the future of the Town between 2019 and 2029. This is the first
Municipal Plan for the Town, which 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 West- Aguathuna- Felix Cove -
Development Regulations (2019-29)' (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.'
Town of Port au Port West- Aguathuna- Felix Cove
Municipal Plan (2019-29)
Page S of 66
Illustration 1: Municipal Plan and Development Regulations Framework
Municipal Plan Goal and Objectives
Land Use Goals
Land Use Policies
Land Use
Proposals
Development
Regulations
(P rt II)
Municipal Plan
(Part I)
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 PROCESS1
The process to develop a new Municipal Plan takes place in several steps as shown in 'Illustration 2:
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
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 the residents wish to see the Town progress over the next ten (10) years.
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
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Town of Port au Port West- Aguathuna- Felix Cove
Municipal Plan (2019-29)
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The summary of this step is also compiled in the above-noted Background Report. Subsection 'B.7
Public Participation Summary' of the Report summarizes the 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.
Illustration 2: Planning Process
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Research &
Analysis
Assessment of current
planning contexts, uses, and
interests; review of past
townscape and development
studies; and assembly of G/5
mapping 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 Pion; development
of the policies and proposals
of Council; and drafting of
the Development
Regulations ta implement
the Municipal Pion
~
Plan
Review
Department of Municipal
Affairs and Environment
reviews the Municipal Plan
for conformity with
provincial interest, law and
policy; Council adopts the
Municipal Plan and
schedules a public hearing
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Municipal Plan
Approved
Council considers the
Commissioner's report from
the public hearing and
approves the Municipal Plan;
Department of Municipal
Affairs and Environment
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 Affairs and Environment 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 the 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 the 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 Affairs and Environment to be registered in the planning registry
established by the Department (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 West- Aguathuna- Felix Cove
Municipal Plan (2019-29)
Page 7 of 66
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) Maintain the established rural character and quality of life;
(b) Support growth and developmentthat 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) Protect areas with resource potential;
(h) Recognize the traditional variety and mix of land uses, while separating incompatible uses and
minimizing the potential for land use conflicts;
(i) Revitalize a healthy resource-based economy;
(j) Promote economic diversification;
(k) Protect existing and potential future surface and groundwater resources;
(I) Encourage a development pattern that will minimize future servicing needs and costs;
(m) Promote the utilization and upkeep of existing and proposed public infrastructure;
(n) Direct development away from areas that pose a risk to public health and safety, or where
property may be damaged; and
(o) Encourage the provision of areas for public open spaces and park uses.
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The goal and objectives reflect Council's priorities for the future development of the Municipal Planning
Area (MPA). The objectives provide a reference for those who administer and enforce the Plan, and to
use when making land use decisions.
B.2 LAND USE GOALS, POLICIES AND PROPOSALS
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8.2.1 OVERALL DEVELOPMENT STRATEGY
jB.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
t ransportation, public and safety emergency services. However, Council understands that facilitating an
efficient development pattern must be balanced with the existing rural character of the Town. On the
whole, the municipality is characterized by a low density, rural development pattern which allows for
residents to maintain and enjoy a rural lifestyle. 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.
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 Gravels walking trail, wetlands, and the beach at the
southwestern point of the Gravels Pond. The 'Mining and Quarrying (MQ)' future land use class is
designated to retain valuable mineral and aggregate deposits. This includes the Aguathuna limestone
quarry site and additional lands at the northwestern limits of the Town. 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
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
Town of Port au Port West- Aguathuna- Felix Cove
Municipal Plan (2019-29)
Page 9 of 66
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 five (5) initial use zones: 'Community Development
(CD)', 'Rural (R)', 'Residential (RES)', 'Conservation (C)', and 'Mining and Quarrying (MQ)'. As per
subsection 13(2)(c) of the Act, these five uses zones shall only contain permitted and discretionary uses
that are afforded by their parent future land use class. The 'Conservation (C)' and 'Mining and
Quarrying (MQ)' 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, RU, and RES 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 Affairs and
Environment or a public hearing presided over by a Commissioner.) The RES use zone is, at the initial
Gazette date of the Plan and Regulations, set up as a floating use zone mainly allowing residential uses
and is not yet applied to any lands within the MPA. The intent of the RES use zone is to potentially
rezone future lands for residential subdivision development. This form of rezoning may be driven by a
developer applying for a residential subdivision development within the MPA.
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 CD to R to allow a manufacturing- heavy use (discretionary use},
a new use zone (e.g. R-1) may be created to allow only the proposed use in the new R-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).
The communities of Port au Port West and Aguathuna have the highest development densities in the
Town, which contain the main anchor institutional and commercial uses (e.g. Our Lady of Mercy
Complex, Town Office, Post Office, Abbott's Home Building Centre, Elaine's Convenience). This is
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unsurprising given that these communities functioned as the original, historical settlements for the area
(e.g. the Gravels settlement and Aguathuna townsite). These areas also have existing public water
services. In order to facilitate an efficient development pattern, future development should be
encouraged to locate in these pre-established communities.
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.
Rural Lifestyle and Development
Council recognizes that many residents enjoy living in the Town because of the rural lifestyle it affords.
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 pre-established communities of Port au Port West and Aguathuna,
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 (e.g. new residential subdivision development in a
'Rural (R)' zone), the proposal shall 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 sustainability, Council
also recognizes the importance of promoting agricultural uses throughout the Town. The annual Port au
Port Agricultural and Craft Fall Fair is an opportunity to showcase and sell local farm products, and
illustrates the sustained importance of agricultural use activity in the area. The Town is also entirely
within the provincial Port au Port Agricultural Development Area (ADA). Provincial ADAs are identified
based on soil surveys throughout the province and represent provincially significant, arable lands. It is
thus the intent of Council to allow various agricultural uses throughout the MPA.
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Municipal Plan (2019-29)
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IB.2.1.2 Goal and Policies
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i It is a goal of Council to guide development in the Municipal Planning Area that is compatible with !
i existing neighbourhoods, minimizes or avoids negative land use impacts, and facilitates an efficient j
i development pattern that reduces overall costs and promotes active living and active transportation.
:
I It is a policy of Council to:
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B.2.1.2 (1) Facilitate development that 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.
B.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).
B.2.1.2 (3) Despite policy B.2.1.2 (2), allow select use groups, use divisions, and uses to be made in any
future land use class in the Municipal Planning Area.
B.2.1.2 (4) 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.
B.2.1.2 (5) Promote a mixed-use, compact and efficient development pattern within the pre-established
communities of Port au Port West and Aguathuna, in order to promote active living and active
transportation, and to reduce the overall costs of transportation, public and safety emergency services.
B.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 pre-established communities of
Port au Port West and Aguathuna.
B.2.1.2 (7) Allow compatible developments of an appropriate use and scale throughout the Municipal
Planning Area.
B.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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Municipal Plan (2019-29)
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jB.2.1.3 Proposals
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l _lt __ is. a_ proposal __ of _Council _to: ......................................................... .
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B.2.1.3 (1) Adopt land use policies and proposals and implementing Regulations that facilitate
development which 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) f uture land use
classes.
In accordance with subsection 13(2)(c) of the Act, the following tables out line 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 t hat 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
(a) Agricultural
{N/A)
{N/A)
(b) Commercial
(c) Industrial
(d) Institutional
(e) Residential
(f) Resource
(g) Transportation
(b) Conservation (C): This future land use class is designated to protect sensitive environmental features
and to promote park uses, open space uses, recreational uses, and other select uses.
Conservation (C)
Main Uses
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i. Use Groups
ii. Use Divisions
(a) Open Space
(N/A)
Town of Port au Port West- Aguathuna- Felix Cove
Municipal Plan (2019-29)
Page 13 of 66
iii. Uses
(a) Commercial/
Institutional -
Recreational Facility-
Indoor
(b) Institutional -
Assembly -
Community Centre
(c) Institutional -
Assembly- Cultural
Establishment
(d) Institutional -
Assembly - Library
(e) Institutional -
Education -
Instructional Use
(f) Institutional - Outdoor
Recreation -
Equestrian Facility
(g) Institutional -
Posthumous -
Graveyard
(c) Mining and Quarrying (MQ): This future land use class is designated to protect existing and potential
future lands for uses in the resource - earth use division.
Mining and Quarrying
i. Use Groups ii. Use Divisions
iii. Uses
(MQ)
Main Uses
(N/A)
(a) Resource - Earth
(a) Industrial - Manufacturing and
Exploration
Processing -
(b) Resource - Earth
Asphalt/Aggregate/Concrete Plant
Extraction
B.2.1.3 (3) Despite proposal B.2.1.3 (2), allow the following uses to be created (i.e. may be created)
throughout the Municipal Planning Area in any future land use class.
All Areas
WithlnMPA
Main Uses
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i. Use Groups
(a) Open Space
(b} Sign
(c) Utilities
ii. Use Divisions
iii. Uses
(a) Agricultural - Small Scale
(a) Commercial/Industrial/Resource -
(b) Resource - Earth Exploration
(N/A) -Warehouse/Indoor
Storage
(b) Commercial/Institutional - (N/A} -
Special Function Tent
(c) Commercial - (N/A) -Vending
Facility
(d) Institutional - Educational -
Mobile Educational/Instructional
Use
(e) Institutional - (N/A) -
Government Use
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Municipal Plan (2019-29)
Page 14 of 66
(f) Institutional - Services - Safety
Emergency Services
(g) Transportation - (N/A) - Marina
(h) Transportation - (N/A) -
Transportation Hub
8.2.1.3 (4) Where on the Future Land Use Classes Map the use class boundary is uncertain, interpret
the boundary as to follow the Municipal Planning Area, street line, easement, right-of-way, trail,
walkway, nearest cliff edge adjacent to a watercourse or ocean shoreline, or outermost reach of a
watercourse where no discernible cliff edge is present.
8.2.1.3 (S) Facilitate a mix of compatible developments of appropriate use and scale along the majority
of public streets within the Municipal Planning Area. This shall be implemented through the application
of a mixed-use, 'Community Development (CD)' use zone, which covers existing developed areas and
extends approximately 100-lS0m from the centre line of the majority of public streets within the
Municipal Planning Area. However, Council may in the future consider the extension of the 'Community
Development (CD)' use zone beyond this initial 100-lS0m range through the Regulations amendment
process (e.g. rezoning). Uses allowed in the CD use zone shall include commercial uses, institutional
uses, residential uses, and other select uses. Residential uses with ~4DUs shall be listed as permitted
uses, whereas higher density uses (~SOUs) 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.
8.2.1.3 (6) Allow development in the hinterland areas throughout the Municipal Planning Area through
the application of a low-density, mixed-use 'Rural (R)' use zone. Uses allowed in the R use zone shall
include agricultural uses, industrial uses, open space uses, resource uses, and other select uses. These
uses are of a rural nature and generally require an expanse of land and separation from urban uses.
Residential uses shall be prohibited in this use zone. The development of single cottages on independent
lots for personal or commercial use shall also be prohibited in the R 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 Ruse zone.
8.2.1.3 (7) Establish a 'Residential (RES)' floating use zone for the potential rezoning of future lands
developed for residential subdivision use. As of the initial Gazette date of the Plan and Regulations, this
use zone is not applied to any lands within the Municipal Planning Area. Uses allowed in the RES use
zone shall include mainly low density residential 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 RES use zone.
8.2.1.3 (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.
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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)' use zone. Lands zoned C will correspond with lands designated 'Conservation (C)'
future land use class, including, but not limited to, the Gravels walking trail area, wetlands, and the
beach at the southwestern point of the Gravels Pond. 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. Council may consider, on a case-by-case basis and through the
Regulations amendment process, rezoning a property designated as 'Conservation (C)' to include any of
the additional uses under proposal B.2.1.3 (2)(b), which are not included in the C use zone table at the
initial Gazette date of the Plan and Regulations. These uses include indoor recreational facility,
community centre, cultural establishment, instructional use, library, equestrian facility, and graveyard.
B.2.1.3 (10) Retain valuable mineral and aggregate deposits through the application of a 'Mining and
Quarrying (MQ)' use zone. Lands zoned MQ will correspond with lands designated 'Mineral and
Quarrying (MQ)' future land use class, including the Aguathuna limestone quarry site and additional
lands at the northwestern limits of the Town. Uses allowed in the MQ use zone shall include all uses
within the resource - earth exploration and - earth extraction use divisions, and other select uses.
B.2.2 LEGAL NON-CONFORMING USES
jB.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
ensures that all existing uses currently conform to the Plan and Regulations. In other words, all efforts
were made to ensure that current uses on existing lots are appropriately designated and zoned. 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.
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However, Council recognizes that modernized development standards are required for new
developments within the Town (e.g. establishing minimum yards and setbacks). 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.
1B.2.2.2 Goal and Policies
······································································......................................
. ........................................................................................................................................................................ .
i It is a goal of Council to respect the rights of property owners with legal non-conforming uses and/or i
j_developments ............................................................................................................ ·· ·· ····················----
.. .......... ..... .. ...... .. .......................... . . . ... '.
i .. lt .. is. a. policy. of .. council. to·:································ .............................. . ·················································-······························································· ······················································
B.2.2.2 (1) When regulating legal nonconforming uses and/or developments, ill2Q.ly 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 Gazette date of the Plan and Regulations, 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 (3) Outline specific provisions in the Regulations that address legal non-conforming uses and
non-conformance with respect to standards.
1B.2.2.3 Proposals
i 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 Pion and Regulations;
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(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 mont hs.
B.2.3 FIRST NATIONS
1B.2.3.1 Overview
As highlighted in subsections 'B.l History and Culture' and 'B.5 First Nations' in the Background Report,
residents of the Town have strong ties to First Nations, Mi'kmaq history and culture. One third (33.3%)
of the Town self identified as having aboriginal ancestry on the 2016 census. Approximately one quarter
(24.7%) 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.
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
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of this Plan. The summary of this feedback is under subsection 'B.7.3 Stakeholder Group Interviews and
Questionnaires' of the Background 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 t he 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.
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.
IB.2.3.2 Goal and Policies
,-. --·····················-··········-·································································································-··········-·-····························································-····················
.
! It is a goal of Council to help support and protect First Nations' history, culture, and traditional land !
i..~:.~
.. ~.c=.~.~.i.?:~...... . . . . .... ............................ ... ..... .... . ...... ...... ..... ......... .. .... ... .... . . .... ...... ..... ......... .... ........................ .... ............... ... .. ······················· ... .. .. .... . ....... .1
i It is a P.?'.'.:Y. . .?.t.~?.~~:!'. .. ~?._: ....... ---··································································································-································
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.
IB.2.3.3 Proposals
i i~· i";··; ··~;;~;;;,··~f···c;·~~;i";-·~·;;-············································································· ···· ·········· ····· ·-·· ········································ ·· ·········· ····· ···· ···········································1
B.2.3.3 (1) Further to policy B.2.3.2 (1), allow traditional land use activities- such as hunting/trapping,
fishing, foraging and small scale agriculture-throughout the M unicipal Planning Area as implemented
through broad, mixed-use 'Community Development (CD)' and 'Rural (R)' use zones in the Regulations.
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Municipal Plan (2019-29)
Page 19 of 66
8.2.3.3 (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.
8.2.3.3 (3) Support First Nations groups by helping advertise cultural activities, events, or ceremonies
via Town communication mediums.
8.2.3.3 (4) Support First Nations groups by hosting cultural activities, events, or ceremonies within
facilities or upon land owned by the Town.
8.2.4 PUBLIC STREETS AND THE SUBDIVISION OF LANDS
1B.2.4.1 Overview
Main Road (including Aguathuna and Boswarloas Roads), Front Road/ Felix Cove Road (Route #460),
Father Joy's Road, and Goose Pond Road are all owned and maintained by the Province (see 'Illustration
4: Public Streets'). This includes all snow-clearing, servicing and improvements. Beachside Drive,
Bayview Drive, Quarry Road, and Oceanview Road are all owned and maintained by the Town. In
general, municipal streets are short with a maximum of 630m (Quarry Road). All municipal streets
dead-end with turning circles that do not conform to the Transportation Association of Canada (TAC),
cul-de-sac standards.
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Despite provincial or municipal ownership, Council promotes and supports safe streets that
accommodate active transportation and have low 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 Works (DTW) to facilitate street safety improvements including, but not limited to,
the implementation of traffic calming measures and the reduction of maximum speed limits. 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.
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Illustration 5: Route #460-13, Boswarlos Road (Provincial Street}, Northwestern Limits of Town
Where Town resources are limited, 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
accordance with the submitted plans. The agreement may also include the requirement of upfront,
financial guarantees (deposits) and 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
Town of Port au Port West- Aguathuna- Felix Cove
Municipal Plan (2019-29)
Page 22 of 66
""1 Al ""1 trQT
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 cul-de-sac 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 street 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 future street can be extended.
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
t he 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.
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 supply will be of sufficient
quality and quantity for the homeowners of the subdivision development for both the short- and long-
term.
IB.2.4.2 Goal and Policies
------································································ .. ···················-····------·-·-······ .........................-... , ............. ___ _
I it is a goal of Council to prioritize the maintenance and upkeep of existing municipal streets over the !
i development of new streets, whilst facilitating the regular and orderly subdivision of lands within the !
1. M unicipal .. Planning .. Area.-............................................................................... ..................................................................... ··············-·········································--
----······························· ........... ___
..................................... ________ .................................. ___
~
i 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 t he development of new streets.
B.2.4.2 (2) Support safe streets that accommodate active transportation and have low speed limits, and
clear sight lines at intersections and driveway accesses.
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Page 23 of 66
8.2.4.2 (3) Liaise and work with the provincial Department of Transportation and Works to facilitate
street safety improvements including, but not limited to, the implementation of traffic calming
measures and the reduction of speed limits.
8.2.4.2 (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.
8.2.4.2 (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.
8.2.4.2 (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.
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 lS) Discourage the development of new cul-de-sac streets within the Municipal Planning Area.
8.2.4.2 (9) Despite policy B.2.4.2 (8) and where the long-term phasing of a subdivision street 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 future
street can be extended.
8.2.4.2 (10) Discourage the creation of back lots for development purposes.
8.2.4.2 (11) Despite policy B.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.'
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B.2.4.3 Proposals
·----········--······ ..... --------
____
................ -........................ .
i It is a proposal of Council to:
................................................................................................................. ___ ......................... __ _
B.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.
B.2.4.3 (3) Further to policy B.2.4.2 (11), implement bock 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.
B.2.5 PUBLIC AND SAFETY EMERGENCY SERVICES
js.2.s.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 pre-established communities of Port au Port
West and Aguathuna. In the long-term, this will help reduce overall costs associated with public and
safety emergency services.
Public Water and Sewerage Services
The Town is semi-serviced with the majority of the municipality having public water services along
public streets. Current water services are primarily along the Front Road/Felix Cove Road (Route #460),
with the exception of discontinuities east of Oceanview Road and a small section roughly midway
between Goose Pond Road and Father Joy's Road); Father Joy's Road (with the exception of a
discontinuity north of the water treatment building); Bayview Drive; Main Road, solely extending into
the community of Aguathuna; and Beachside Drive. A map of existing and proposed public water
services, pump houses, and provincial Protected Water Supply Areas (PWSAs) is shown in 'Illustration 6:
Public Water Services.'
There are six (6) provincial Protected Water Supply Areas (PWSAs) in the Town: one (1) public PWSA,
Jim Rowe's Brook, the immediate watershed area of which feeds the wet-well water source; and five (5)
wellhead PWSAs (Father Joy's Well, Well Field #1, Well Field #2, Goose Pond Road Well, and Oceanview
Drive Well). Since the tapping of Father Joy's Well, the open wet-well functions as a backup source to
the Town.
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Illustration 6: Public Water Services
Current Water
-
Proposed Water
Public PWSA
Pump Houses
The Town operates three isolated water systems: Oceanview Drive, Goose Pond Road, and the core
system (remainder of semi-serviced area within the municipality). There are six (6) pump houses where
water is also treated at source with liquid chlorine. Pending provincial funding, the Town plans to
extend water services to the unserviced areas along Main Road (Route #460, covering discontinuities
and extending the line out to the western boundary of the municipality). This new proposed line will
start at pump house #2 and will replace all existing lines running west along Main Road. The Town is
also proposing a new line from the servicing extents of Aguathuna, replacing all existing lines running
south along Father Joy's Road and covering the current discontinuity. If the water servicing plans are
implemented, the Town will have extensive coverage along the majority of public streets. Council does
not intend on extending public water services beyond what is outlined in 'Illustration 6: Public Water
Services.' However, t he expansion of public water services beyond this area 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 and facilities such as pump houses. Council is aware that certain development restrictions
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are in place within public and wellhead PWSAs under the provincial Water Resources Act and associated
regulations. Despite the permitted and discretionary uses within use zones, the provincial Water
Resources Management Division may prohibit certain uses in the PWSAs. It therefore the intent of
Council to refer any proposed development within a PWSA to the Water Resources Management
Division for review and the requirement/issuance of any applicable provincial permits.
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. 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). The Town is
currently assessing the possibility of operating a municipal sorting facility and implementing a curb-
side, compostable pick-up program. The results from this study may impact future solid waste services
within the Town.
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 recognizes 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 East to provide Emergency Fire Service (EFS)
within the region. The Town of Port au Port East handles administration of the service whereby the
Town houses the equipment, which includes a fire truck and a cube van. The fire department is
volunteer-based and is made up of the Chief, Assistant Chief, and approximately 30 other members
from the Town and neighbouring communities. The service is funded by and covers the two (2) towns
and the Local Service Districts of Campbell's Creek and Fox Island River- Point au Mal.
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Municipal Plan (2019-29)
Page 27 of 66
Illustration 7: Town Office I Fire Hall
PORT AU PORT
REGIONAL
The nearest EMS (ambulance dispatch) facility is operated by Russell's Ambulance Services, 57 Prince
Rupert Drive in Stephenville. The facility is located approximately 12km from Town limits.
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 14km from Town limits.
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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I B.2.5.2 Goal and Policies
····················································································-···················································································-·······-·········· ·························................................................
. ............................................ .
! It is a goal of Council to facilitate the safe, efficient, and affordable delivery of public and emergency !
!_services.thmugho.ut .. the .. Municipal.Planning.Area.. _
..................................................................................................... ··················· :
·················································-··· ................................................................................................................................................................................................................................................................................. .
! .1t .. is. a __POiicy. of .. Council. to·:·················································································--.............................................................................................................................................. .
B.2.5.2 (1) Limit the expansion of public water services to proposed coverage and extensions outlined in
'Illustration 6: Public Water Services' of this Plan.
B.2.5.2 (2) Despite policy B.2.5.2 (1), consider the expansion of public water services 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) Refer any proposed development within a Wellhead Protected Water Supply Area or Public
Water Supply Area to the provincial Water Resources Management Division for review and
requirement/issuance of any applicable provincial permits.
B.2.5.2 (4) Due to prohibitive capital and maintenance costs, not implement public sewerage services in
the Municipal Planning Area.
B.2.5.2 (S) Continue to contract feasible and efficient solid waste services.
B.2.5.2 (6) 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 (7) 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 (8) 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 (9) 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.
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Municipal Plan (2019-29)
Page 29 of 66
B.2.5.3 Proposals
......................................................
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i .. 1t .. is. a .. Proposal .. of .council .to: .......... .............................................................................................................................................................. . ................................... .
B.2.5.3 (1) Further to policy B.2.5.2 (8), support and liaise with schools 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) 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
jB.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.
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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Illustration 8: Public Utility Use, Radiocommunications Lattice Tower on Father Joy's Road
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, vibrational and noise effects created by these developments.
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.
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 (3) Allow private wind energy systems as a permitted use in the 'Rural (R)' and 'Mining and
Quarrying (MQ)' use zones, and as a discretionary use in the 'Community Development (CD)' and
'Residential (RES)' use zones.
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.
B.2.7 HINTERLAND AREAS
ls.2.7.1 Overview
The Town is rich in hinterland resource areas. The Town has a total area of 16.3km 2 and extends 3.6km
north-south and 8.7km east-west. Much of this area is provincially-owned Crown lands falling under the
Town of Port au Port West- Aguathuna - Felix Cove
Municipal Plan (2019-29)
Page 32 of 66
legal authority of the Lands Act. However, where the province does not have a mandatory land
registration system, it is difficult to ascertain an accurate account of public (Crown lands) and private
lands within the Town. As with private freehold lands, the development of Crown lands is subject to the
provisions within the Plan and Regulations.
{ - I 1
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 t he 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 Crown land prior to receiving confirmation that tenure has been secured by the applicant.
With the exception of power lines, access roads and trails, the interior of the Town remains largely
vacant and undeveloped. The hinterland areas are 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
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environment. The protection of the natural environment in the Town is also critical to the economic
viability of potential hunting/trapping, fishing, and guiding enterprises in the area.
As outlined in proposal B.2.1.3 (6) under subsection 'B.2.1 Overall Development Pattern,' it is the intent
Council to allow development in the hinterland areas throughout the MPA through the application of a
low-density, mixed-use 'Rural (R)' use zone. Uses allowed in the R use zone shall include agricultural
uses, industrial uses, open space uses, resource uses, and other select uses. These uses are of a rural
nature and generally require an expanse of land and separation from urban uses (e.g. residential uses,
institutional uses, and most commercial uses).
is.2.7.2 Goal and Policies
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J It is a goal of Council to promote and protect traditional land use and activities within the hinterland i
! areas, whilst allowing a wide range of other uses that generally require an expanse of land and !
i separation from urban uses.
i
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i_lt .. is.a .. policy.of .. counc_il_to_: __ ................................... ..................................................................................................................................................................................................... .
8.2.7.2 (1) Assess Crown land applications on a case-by-case basis, taking into consideration comments
received through the provincial referral process.
8.2.7.2 (1} Facilitate the responsible development of natural resources, which protects natural habitats
and minimizes deterioration of the environment.
is.2.7.3 Proposals
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............ ·--··--··--.. ···-······ .. ···-·················································---- ............................................................................... .
'
'
i It is a proposal of Council to:
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8.2.7.3 (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.
8.2.7.3 (2) As per proposal B.2.1.3 (6), allow a wide range of uses within the hinterland areas of the
Town through the implementation of a 'Rural (R)' use zone. Uses allowed in t he R use zone shall include
agricultural uses, industrial uses, open space uses, resource uses, and other select uses. These uses are
of a rural nature and generally require an expanse of land and separation from urban uses. Residential
uses shall be prohibited in this use zone. The development of single cottages on independent lots for
personal or commercial use shall also be prohibited in the R 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 R use zone.
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8.2.7.3 (3) As per proposal B.2.3.3 (1), allow traditional land use activities- such as hunting/trapping,
fishing, foraging and small scale agriculture-throughout the Municipal Planning Area as implemented
through broad, mixed-use 'Community Development (CD)' and 'Rural (R)' use zones in t he Regulations.
8.2.8 RESIDENTIAL USES
ls.2.8.1 Overview
There are approximately 486 buildings in the Town; 291 of which are main buildings and 195 are
accessory buildings (e.g. sheds and detached garages). Of the 291 main buildings, 259 are primarily
used for residential purposes, or residential with home business or home industry. Approximately 89%
of the main buildings within the Town are residential uses. The Town is thus primarily residential in
character.
The primary housing type within t he Town is the single unit dwelling (see 'Illust ration 10: Single Unit
Dwellings along Front Road/Felix Cove Road (Route #460)'). As of the initial Gazette date of the Plan and
Regulations, there are only two (2) double unit dwellings (e.g. duplexes) and one (1) multi-unit dwelling
(e.g. triplex) in the Town.
Illustration 10: Single Unit Dwellings along Front Road (Route #460)
The most densely developed portion of the Town is within the pre-established communities of Port au
Port West and Aguathuna. Lot sizes are smaller in t hese communities and thus residences tend be
spaced closer to one another.
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Municipal Plan (2019-29)
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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.
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.
jB.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 pre-established
communities of Port au Port West and Aguathuna.
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.
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Municipal Plan {2019-29)
Page 36 of 66
B.2.8.2 (5) Work collaboratively with provincial and federal housing agencies to facilitate the
development of affordable housing projects within the Town.
jB.2.8.3 Proposals
B.2.8.3 (1) As per proposal B.2.1.3 (5), allow residential uses in the Town through the implementation of
a 'Community Development (CD)' use zone. Residential uses with ~4DUs shall be listed as permitted
uses, whereas higher density uses (~SDUs) shall be listed as discretionary uses.
B.2.8.3 (2) As per proposal B.2.1.3 (7), establish a 'Residential (RES)' floating use zone for the potential
rezoning of future lands developed for residential subdivision use. As of the initial Gazette date of the
Plan and Regulations, this use zone is not applied to any lands within the Municipal Planning Area. Uses
allowed in the RES use zone shall include mainly low density residential uses and other select uses.
8.2.8.3 (3) As per proposal B.2.1.3 (6), prohibit residential uses in the hinterland areas of the Town
through the implementation of a 'Rural (R)' use zone. As per proposal B.2.1.3 (8), the expansion of
residential uses into these areas may be considered by Council on a case-by-case basis through the
Regulations amendment application process (i.e. rezoning process).
B.2.9 ECONOMIC DEVELOPMENT, COMMERCIAL AND INDUSTRIAL USES
jB.2.9.1 Overview
The primary employers and businesses within the Town include Abbott's Home Building Centre, Cole's
Service Centre (automotive repair), and Elaine's Convenience store. There are also smaller, home-based
occupations along Front Road/Felix Cove Road (Route #460), which include Child's Play daycare and
John McLean Auto Repair. The Alpacas of Newfoundland, which was a farm business and important
tourist draw for the Town previously located in Felix Cove, recently closed as the owners have retired.
Tourism is also an important aspect of the Town's economy. The Port au Port Economic Development
Association remains active in promoting and supporting the industry on the Port au Port Peninsula.
Town of Port au Port West- Aguathuna- Felix Cove
Municipal Plan (2019-29)
Page 37 of 66
Illustration 11: Elaine's Convenience, Port au Port West
As outlined in subsection '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, similar to the Economic Development Association, is to help promote and support
commercial and business development within the Town (as a part of the Bay St. George Region).
As outlined in subsection 'B.7.1 Survey' of the Background Report, residents have an overall concern
with business and economic development in the area, and its impact on retaining and drawing young
people. Many residents feel that the Town should leverage and capitalize on its natural assets to spur
economic development. This includes promoting eco-tourism, canoeing, kayaking, hiking and nature
watching businesses; and camping, guiding, outfitting, fishing and hunting businesses. Home businesses
and home industries are also viewed as important sources of income for residents (e.g. small engine
repair, hair salons, convenience stores). In this light, the protection and sustainable use of natural
resources should go hand-in-hand with promoting economic development with the Town.
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
Residential Uses,' changing demographics may also result in the need for diversified housing such as
personal care homes and apartment units.
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Despite economic and demographic challenges, it is the intent of Council to adopt an innovative and
supportive approach to promoting and supporting economic development within the Town. This
involves working with existing business stakeholder groups, such as the Port au Port Economic
Development Association and Bay St. George Chamber of Commerce, and building new business
support networks and relationships. It is the intent of Council to focus on leveraging strengths and
opportunities to build, attract and retain business. The development of a ten (10) year Economic
Development Plan will also help give focus and direction to fostering commercial activity within the
Town.
Despite the overall promotion of commercial development, Council recognizes that adult establishment
uses are not compatible with the existing rural 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
.................................................. , ......................................................................................................... ···············-················································
.................................................................................................... .
i It is a goal of Council to promote commercial uses in appropriate locations considering transportation !
i requirements, environmental impact, neighbourhood character and the compatibility of existing and
[.future surroundL~.~ .. ~::.5-.: ................................................................................................................................................................................................................. ---·'
i It is a policy of Council to:
......................................................................................... ................................... , ............................. ......................................................................................................................................................................... .
8.2.9.2 (1) As per policy B.2.1.2 (6), encourage new commercial uses to locate within the pre-
established communities of Port au Port West and Aguathuna.
8.2.9.2 (2) Facilitate commercial development that does not negatively impact existing and future
residential neighbourhoods or other incompatible uses.
8.2.9.2 (3) Utilize natural resources in order to promote outfitting and eco-tourism businesses.
8.2.9.2 (4) Strengthen existing and build new networks of business stakeholder groups for increasing
business development within the Municipal Planning Area.
8.2.9.2 (S) 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).
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Municipal Plan (2019-29)
Page 39 of 66
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 in the Town through the implementation
of a 'Community Development (CD)' use zone. Depending on the nature, scale, and compatibility of
commercial 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 t he
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 Economic Development Plan for the Town, including a detailed
analysis of existing Strengths, Weaknesses, Opportunities and Threats (SWOT).
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8.2.10 PROTECTION OF THE NATURAL ENVIRONMENT
jB.2.10.1 Overview
The Town is rich in physical environmental features including natural coastlines, forested areas,
wetlands, streams and watersheds. The northern portion of the municipality is made up of limestone
heath barrens. The Gravels area is a part of these barrens and is a particularly important natural area
for the Town and region as a whole. Continual precipitation and erosion of the coastal limestone
bedrock has resulted in pronounced Karst geomorphological features along the coastline. These
sculpture-like features are a major draw for the Gravels Walking Trail (see 'Illustration 12: Karst Features
on Gravels Walking Trail').
Illustration 12: Karst Features on Gravels Walking Trail
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 coastlines, watercourses and
wetlands are especially important, as they are an economic lifeline for the community. Tourism,
recreation, hunting and trapping activities are all in some way directly or indirectly related to these
natural 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.
High impact land uses, such as industrial uses, should be guided away from watercourses, wetlands, and
other sensitive environmental features. 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 such features.
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As required under the provincial Water Resources Act, any proposed construction within a body of
water or wetland 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 coast line 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 coast
along Front Road/ Felix Cove Road (Route #460) is made up of glacial till. This coastline is more
susceptible to increased rates of erosion, compared to the northern coastline (comprised of bedrock),
where this area is made up of mainly unconsolidated sand and gravel deposits. This area also contains
existing residential uses and has increased pressure for future residential development, since there are
still some undeveloped oceanfront properties along this coastline. As was received t hrough t he
Interdepartmental Land Use Committee, provincial referral process, the Geological Survey of
Newfoundland and Labrador recommends a 30m development setback from the cliff edge. It is the
intent of Council to take this setback into consideration when reviewing any development application
along Front Road/Felix Cove Road (Route #460). Depending on the nature, impact and use of t he
development proposal, Council may require a Geo-Technical St udy, prepared by a professional geologist
or engineer, prior to issuing a development permit within this setback.
Although there are no provincial monitoring sites for the coastline of the Town, there are sites at Berry
Head and on either side of Romaines River. According to a Geological Survey of Canada Report in 1995,
rates of erosion along the Port au Port East and Kippens coastline are pronounced, ranging from O to
125cm per year (12 year means) at the cliff top and up to 121cm per year at the base of cliffs; the
highest erosion rates occurring in the area from Romaines Brook to about 1km west thereof. In order to
further protect the coastline of the Town, and existing and future development adjacent thereto, it is
the intent of Council to conduct a Coastline Sensitivity and Erosion Study. The findings from this Study
may help inform the re-delineation of the development setback from the cliff edge.
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
will exacerbate sea 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.
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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.
···························································-··················································· ... ··········-·····"············ ............. ············· .. ·····························
.. .................................................................... __ _
1 .. lt .is. a .. policy. of. Council .. to.: .............................................................................. ..................................................... ..
B.2.10.2 (1) Direct high impact land uses away from sensitive environmental features such as coastlines,
wetlands 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 is a discretionary decision, 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 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 t he coastline.
B.2.10.2 (S) 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.
B.2.10.2 (7) Consider climate change impacts when assessing applications for development, initiatives
and capital works projects.
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Municipal Plan (2019-29)
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f B.2.10.3 Proposals
It is a proposal of Council to:
B.2.10.3 (1) 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 as such shall include, but are not limited to, the Gravels Walking
Trail area, wetlands, and the beach at the southwestern point of the Gravels Pond.
B.2.10.3 (2) Conduct a Coastline Sensitivity and Erosion Study. The findings from this Study may help
inform the re-delineation of the development setback from the cliff edge.
B.2.10.3 (3) Further to policy B.2.10.2 (5), implement an overlay, 'Cliff Edge Buffer (30ml' setback on the
Future Land Use Classes Map and Zoning Map. When considering any development application along
Front Road/Felix Cove Road (Route #460) within this setback-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 setback.
B.2.10.3 (4) Conduct a Climate Change Adaption 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.
B.2.11 OPEN SPACE AND RECREATIONAL USES
IB.2.11.1 Overview
Trails maintained by the Town are limited to the Gravels area. This area is bound by Main Road to the
south, coastline to the north, isthmus to the east, and former Aguathuna limestone quarry to the west
(see 'Illustration 13: Gravels Trail Network'). The area contains an extensive network of trails which
extends approximately 2km east-west. The trail network was developed by the former non-profit
association, the Travels Development Committee, spearheaded by the late community leader and
volunteer, Danny Mccann. With the dissolution of the Committee, the Town has since assumed the
primary role of planning for and maintaining the trail network.
The trail network t raverses unique limestone precipitate features and contains numerous vistas of the
Isthmus Bay (Bay St. George), Shoal Point, Table Mountain (Pine Tree), and Lewis Hills. The Gravels trail
area is the prime recreational and natural resource asset of the Town. The area is a destination for
regional residents and is regularly used for (dog) walking, running, and wedding photo-shoots. The trail
system is unpaved, surfaced with crushed aggregate, and does not allow bicycling. It is the intent of
Council to maintain and protect the trail system and surrounding natural area in perpetuity. Preserving
the trail network is central to promoting tourism development and the overall health of residents of the
area.
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,o.raa,o,nwut ,
Protecting the trail network will require the development and implementation of a land assembly
program. This program will detail the necessary steps that should be taken to establish easements and
acquire private and Crown Lands within the Gravels Trail network. This will first entail conducting a
detailed land survey (real property report) and property search of landowners whose lots the trail
crosses. It is the intent of Council to work with affected landowners in arriving at a mutually beneficial
arrangement to protect the trail network into the future. This may include, but is not limited to, the
purchase and sale of private lands or the establishment of easements.
Illustration 13: Gravels Trail Network
The Town also contains numerous unmaintained, informal trails throughout its interior. These trails are
predominantly used for All-Terrain Vehicle (ATV) and snowmobile use, but are also used by walkers,
runners, and mountain bikers. Although the majority of these trails are informal in nature, it is the
intent of Council to explore the possibility of conducting a field study to map these routes. Council may
then consider protecting these corridors through attaining Crown Lands, and re-designating the
corridors on the Future Land Use Classes Map and rezoning on the Zoning Map.
The Our Lady of Mercy Gym is a part of the Our Lady of Mercy Complex (see 'Illustration 14: Our Lady
of Mercy Gym'). The facility is now mainly used for the annual Port au Port Agricultural and Craft Fall
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Municipal Plan (2019-29)
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Fair, which is organized and implemented by the Port au Port Economic Development Association.
There is also a ball-field adjacent to the Leisure Association Seniors Club on Father Joy's Road. Where
there is currently limited demand for this facility, the field remains largely unmaintained.
Illustration 14: Our Lady of Mercy Gym
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 to existing facilities or modest additions to the Gravels Trail network. 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 to existing facilities or modest additions to the Gravels Trail network 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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B.2.11.2 Goal and Policies
r·i~···1·~····~···~;~,···~f ···c;·~~~i"i·
.. ~·~·· .. ~ ro mate and en ha n ~~···;~~·;~~·ti~·~·~·j"·f~·~;·i·iti·~·~····~·~·d····~
u b Ii c op~·~···;~oce s in t he I
! Municipal Planning Area.
!
! .................. - ... ········~··· ........................................................................................................................ ___
........................................................................ ___
, ......................................... .!
--------···--················-··········----
---···
.. --·----·- .. --·--· .. ····· ... · ... ·-·-· .............................................................................................................. .
I It is a policy of Council to:
------------·················· .. ······················································-·············--·········· ................................................................................. .
B.2.11.2 (1) Maintain and protect the Gravels Trail system and surrounding natural area in perpetuity.
B.2.11.2 (2) Increase collaboration with nearby municipalities and schools in offering complementary
recreational facilities and the shared use of facilities.
B.2.11.2 (3) 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.
B.2.11.3 Proposals
----·················································································································································· ................................... -.......................................................... .
i.lt .. is.a.proposol of Council to:
·······························---········ .. ··············-·············- ············-----··········-···························································-
B.2.11.3 (1) Develop and implement a land assembly program for the acquisition of land and
securement of property rights within the Gravels Trail network.
B.2.11.3 (2) Further to proposal B.2.11.3 (1), conduct a detailed land survey (real property report) of
the Gravels Trail network; and conduct a property search of landowners whose lots the trail crosses.
B.2.11.3 (3) Further to proposal B.2.11.3 (1), acquire all provincial Crown Lands along the Gravels Trail
network.
B.2.11.3 (4) Further to proposal B.2.11.3 (1), work with landowners in arriving at a mutually beneficial
arrangement to protect the Gravels Trail network into the future. This may include such options as the
purchase and sale of private land or the securement of easements.
B.2.11.3 (S) Explore the possibility of conducting a field study to map informal trails throughout the
interior of the Town. Council may then consider protecting these corridors through attaining Crown
Lands, and re-designating the corridors on the Future Land Use Classes Mop or rezoning on the Zoning
Mop.
B.2.11.3 (6) 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.
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(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 (7) 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 SITES AND STRUCTURES OF ARCHAEOLOGICAL AND HISTORICAL SIGNIFICANCE
jB.2.12.1 Overview
According to the Provincial Archaeology Office (PAO), there are five (5) recorded archaeological sites
within the Town; two (2) are former mines and the other three are mixed, pre-contact sites (indigenous,
Recent Amerindian and Dorset Palaeoeskimo; and some European material). The Recent Amerindian
were the ancestors of the Beothuk. The Town has a rich history of human occupation dating back as far
as 1300 years go. In order to help protect the archaeological record and avoid any potential future
disturbance, the PAO requires that the specific locations of the above-noted five (5) sites not be
disclosed in the Plan and Regulations. Further, in the event that future artifacts are inadvertently
discovered, the PAO requires that contact with their department be made immediately to outline next
steps and requirements.
The Our Lady of Mercy Church, which remains the
Illustration 15: Our Lady of Mercy Church
largest wooden Catholic church in the province, is the
original structure still standing and used on occasion
for special events such as concerts and weddings (see
'Illustration
15:
Our
Lady
of Mercy Church').
Construction of the Church began in 1914 and was
completed in 1925. The Church was registered as a
Heritage Structure by the Heritage Foundation of
Newfoundland and Labrador in May, 1997, and
remains a central historical/cultural feature and venue
for members of the community and surrounding
region.
Council recognizes the importance of the Town's sites
of archaeological and historical significance. Council is
proactive and supportive of protecting these sites in
perpetuity. Since the Our Lady of Mercy Complex is a
central historical property for the Town and region as a
whole, it is the intent of Council to work with the Our
Lady of Mercy Complex Committee in achieving its
goal
of historical
preservation
and
community
outreach.
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IB.2.12.2 Goal and Policies
It is a goal of Council to recognize and encourage the preservation, rehabilitation, and maintenance of
heritage buildings and structures, and historical and archaeological sites.
It is a policy of Council to:
B.2.12.2 (1) Increase public awareness of heritage buildings and structures, and historical and
archaeological sites.
B.2.12.2 (2) Forward all plans for construction within the Town to the Provincial Archaeological Office.
B.2.12.2 (3) Where made aware of a possible discovery of artifacts through excavation, construction, or
other site disturbance activities, immediately notify the Provincial Archaeological Office to determine
next steps and requirements.
IB.2.12.3 Proposals
It is a proposal of Council to:
B.2.12.3 (1) Help preserve historical and archaeological sites of significance t hrough applying t he
appropriate future land use class and land use zone to lands. This may include, for example, applying
the 'Conservation (C)' future land use class and land use zone to broad areas with known archaeological
sites and where future discoveries are expected to occur.
B.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
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 t he 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.
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Illustration 16: Example of Ground Sign, Our Lady of Mercy Church
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 main 'Community Development (CD)' use zone, for example, all sign types except for billboard
signs 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,
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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 too light 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 the majority of
t he developable area within 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, it is the intent of Council to
avail of this provision by applying to the Minister of Municipal Affairs and Environment for an exclusion
from the application of the Highway Sign Regulations, 1999 within the MPA.
jB.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.
It is a policy of Council to:
B.2.13.2 (1) Implement robust signage prov1s1ons 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-
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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.
ls .3.13.3 Proposals
It is a proposal of Council to:
B.3.13.3 (1) Further to policy B.13.2 (3), consider an electronic message board sign as a discretionary
use in the 'Community Development (CD)', 'Rural (R)', and 'Conservation (C)' use zones. An electronic
message board sign shall constitute a prohibited use in the 'Residential (RES)' use zone.
8.3.13.3 (2) Further to policy B.13.2 (3), consider a billboard sign as a discretionary use in the
'Community Development (CD)' and 'Rural (R)' use zones. A billboard sign shall constitute a prohibited
use in the 'Residential (RES)' and 'Conservation (C)' 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 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.
8.2.13.3 (5) 8QQly, at a future time subsequent to the initial Gazette date of the Plan and Regulations,
to the Minister of Municipal Affairs and Environment for an exclusion from the application of the
provincial Highway Sign Regulations, 1999 within the Municipal Planning Area.2
2
If an exclusion is obtained from the Minister in accordance with proposal B.2.13.3 (5), 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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The Plan serves as t he blueprint for the future of the Town for 2019- 2029. 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 t he 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 REGULATIONS
.
_ .' -d~A
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 aut hority under the Act, t his 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 t hat 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 t he implementation of a thorough public participation program (see
subsection 'B.7 Public Participation Summary' in the Background 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 fut ure 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.
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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 the 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
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Municipal Plan (2019-29)
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rendering services to Council, certification encompasses professional planning advice on whether or not
the proposed amendment meets the intent of the 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 t he 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
_ _ __ . __ -___ ,.~:~~
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; Fellow of the Canadian
Institute of Planners or Member of the
Canadian Institute of Planners, respectively)
B.2.9.3 (3)
Economic Development Plan (10-year)
Economic Development Officer (Ee. D.;
Economic Developers Association of Canada)
B.2.10.3 (2) Coastal Sensitivity and Erosion Study
Environmental Engineer (Professional
Engineer; P. Eng)
B.2.10.3 (4) Climate Adaptation Study
Planner (FCIP or MCIP)
B.2.11.3 (1) Land Assembly Program for the Gravels Trail Network
Planner (FCIP or MCIP)
B.2.11.3 (2) Land Survey (Real Property Report) of Gravels Trail Network
Professional Surveyor with the Association of
Newfoundland Land Surveyors
B.2.11.3 (5) Delineation of and Protection of Informal Trails
Planner (FCIP or MCIP)
It is important to note that Council is not obligated to complete any study or initiative out lined 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 (e.g. see proposal
B.2.11.3 (1), in which Council proposes a program for the Gravels Trail network). 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).
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As per section 9 of the Lands Act, the Minister may grant lands up to lOha 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
include economic development purposes. The granting of Crown Lands in excess of lOha 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 Affairs and Environment. 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·: .. -:-_-···· :~':~f~
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 specific proposals outlined in 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
Section and/or
Schedule Amended
Amendments
Schedule Amended
Format: DRA-YYYY-##
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Municipal Plan (2019-29)
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Gazette Date
(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 (2019- 29)').
Future
Land Use Classes
Land Use Zones
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Development (D)
Conservation (C)
Community
Residential (RES)
Rural (R)
Conservation (C)
Development (CD)
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Mining and
Quarrying (MQ)
Mining and
Quarrying (MQ)
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 t he 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-
Odour5
Light Pollution6
Vibration7
Note: The temporary construction of structures ond buildings should not be included in this analysis, as 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 (AJ 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 Style
11
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. Po icies an d Proposa s of the Municioal Plan
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 Sites and
Structures of
Archaeological and
Historical
Significance
B.2.13 Signs
Note: Where 1 (Low) or 2 (Med-Low) is assigned to any category, Council should elaborate by specifying and explaining which
policies or proposals are not aligned with the proposed development as 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{sl why the proposed development is not aligned with the policy or proposal:
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