Reidville, Newfoundland and Labrador
· adopted 2009-05-11
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April 17, 2009
TOWN OF REIDVILLE
DEVELOPMENT REGULATIONS
2009
URBAN AND RURAL PLANNING ACT
RESOLUTION TO ADOPT
TOWN OF REIDVILLE DEVELOPMENT REGULATIONS 2009
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the
Town Council of Reidville adopts the Town of Reidville Development Regulations 2009.
Adopted by the Town Council of Reidville on the 11 day of May, 2009.
th
Signed and sealed this_______ day of ___________, 2009.
Mayor:
______________________
Louie MacDonald
Clerk:
______________________
Connie Reid
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that the attached Development Regulations have been prepared in
accordance with the requirements of the Urban and Rural Planning Act 2000.
MCIP:
___________________
Arvo McMillan, MCIP
URBAN AND RURAL PLANNING ACT
RESOLUTION TO APPROVE
TOWN OF REIDVILLE DEVELOPMENT REGULATIONS 2009
Under the authority of Section 16, Section 17 and Section 18 of the Urban and Rural
Planning Act 2000, the Town Council of Reidville
a)
adopted the Town of Reidville Development Regulations 2009 on the 11th
day of May, 2009.
b)
gave notice of the adoption of the Town of Reidville Development
Regulations 2009 by advertisement inserted on the 16 day of May, 2009
th
and the 23 day of May, 2009 in the Western Star newspaper.
rd
c)
set the 1 day of June, 2009 at 7:00 p.m. at the Town Hall, Reidville for the
st
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,
on the 11 day of June, 2009 the Town Council of Reidville approves the Town of Reidville
th
Development Regulations 2009 as adopted.
SIGNED AND SEALED this ______ day of _____________ , 2009
Mayor:
_____________________
Louie MacDonald
Clerk:
_____________________
Connie Reid
TABLE OF CONTENTS - 1
APPLICATION .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 1
1.
Short Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 1
2.
Interpretation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 1
3.
Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 1
4.
Urban and Rural Planning Act 2000 - Ministerial Development Regulations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 1
5.
Municipal Code and Regulations.. . . . . . . . . . . . . . . . . . . . . . . . . .
Page 1
6.
Town. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 1
PART I - GENERAL REGULATIONS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 2
7.
Compliance With Regulations.. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 2
8.
Permit Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 2
9.
Permit to be Issued. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 2
10.
Permit Not to be Issued in Certain Cases. . . . . . . . . . . . . . . . . . . .
Page 2
11.
Discretionary Powers of Town.. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 2
12.
Variances by Town. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 3
13.
Service Levy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 3
14.
Financial Guarantees by Developer. . . . . . . . . . . . . . . . . . . . . . . .
Page 4
15.
Dedication of Land for Public Use.. . . . . . . . . . . . . . . . . . . . . . . . .
Page 4
16.
Reinstatement of Land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 4
17.
Form of Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 5
18.
Register of Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 5
19.
Deferment of Application.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 5
20.
Approval in Principle. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 5
21.
Development Permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 6
22.
Reasons for Refusing Permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 7
23.
Notice of Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 7
24.
Right of Entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 8
TABLE OF CONTENTS - 2
25.
Record of Violations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 8
26.
Stop Work Order and Prosecution. . . . . . . . . . . . . . . . . . . . . . . . .
Page 8
27.
Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 8
PART II - GENERAL DEVELOPMENT STANDARDS. . . . . . . . . . . . . . . . . . . . .
Page 9
28.
Accesses and Service Streets.. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 9
29.
Accessory Buildings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 9
30.
Accessory Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 9
31.
Advertisements and Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 10
32.
Advertisements Exempt from Control. . . . . . . . . . . . . . . . . . . . . .
Page 12
33.
Advertisements - Temporary and/or Portable Signs. . . . . . . . . . .
Page 13
34.
Advertisements and Signs near Highways. . . . . . . . . . . . . . . . . .
Page 13
35.
Advertisements Relating to Onsite Uses.. . . . . . . . . . . . . . . . . . .
Page 14
36.
Advertisements Relating to Offsite Uses.. . . . . . . . . . . . . . . . . . .
Page 14
37.
Agriculture and Farming. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 14
38.
Archaeological and Heritage Sites and Areas.. . . . . . . . . . . . . . .
Page 15
39.
Buffers - Non-Residential. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 15
40.
Building Line and Setback.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 15
41.
Buildings on a Lot and Farm Dwelling Exemption.. . . . . . . . . . . .
Page 16
42.
Comprehensive Development.. . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 16
43.
Deer Lake Airport Zoning Regulations. . . . . . . . . . . . . . . . . . . . .
Page 17
44.
Discretionary Use Classes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 17
45.
Family and Group Care Centres. . . . . . . . . . . . . . . . . . . . . . . . . .
Page 17
46.
Fences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 18
47.
Forestry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 20
48.
Lot Area.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 20
49.
Lot Area and Size Exceptions. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 21
50.
Lot Frontage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 21
TABLE OF CONTENTS - 3
51.
Mineral Exploration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 21
52.
Non-Conforming Uses.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 22
53.
Offensive and Dangerous Uses. . . . . . . . . . . . . . . . . . . . . . . . . .
Page 23
54.
Parking and Offstreet Loading Requirements. . . . . . . . . . . . . . . .
Page 24
55.
Parks and Playgrounds, and Conservation Uses. . . . . . . . . . . . .
Page 24
56.
Recreational Trails and Walkways. . . . . . . . . . . . . . . . . . . . . . . .
Page 24
57.
Reidville Road Tree Screen. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 25
58.
Screening and Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 25
59.
Services and Public Utilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 25
60.
Side Yards.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 25
61.
Site and Subdivision Development, Engineering and Geo-Technical Analysis
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 25
62.
Site Development Quarry and Soil Removal.. . . . . . . . . . . . . . . .
Page 26
63.
Solid Waste Disposal Site Buffer. . . . . . . . . . . . . . . . . . . . . . . . .
Page 26
64.
Street Construction Standards. . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 26
65.
Subsidiary Apartments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 27
66.
Subsidiary Dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 27
67.
Unsubdivided Land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 27
68.
Viking Trail - Highway 430. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 27
69.
Waterways and Wetlands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 28
70.
Wind Mills, Wind Turbines and Wind Farms, Other Energy Sources - Utilities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 30
PART III - SUBDIVISION OF LAND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 31
71.
Permit Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 31
72.
Services to be Provided. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 31
73.
Payment of Service Levies and Other Charges. . . . . . . . . . . . . .
Page 31
74.
Issue of Permit Subject to Considerations. . . . . . . . . . . . . . . . . .
Page 31
TABLE OF CONTENTS - 4
75.
Engineering and Geo-Technical Analysis. . . . . . . . . . . . . . . . . . .
Page 32
76.
Building Permits Required.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 32
77.
Form of Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 32
78.
Subdivision Subject to Zoning.. . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 32
79.
Building Lines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 32
80.
Land for Public Open Space. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 32
81.
Structure in Street Reservation. . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 33
82.
Subdivision Design Standards. . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 34
83.
Engineer to Design Works and Certify Construction Layout. . . . .
Page 35
84.
Developer to Pay Engineer's Fees and Charges. . . . . . . . . . . . .
Page 36
85.
Street Works May Be Deferred. . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 36
86.
Transfer of Streets and Utilities to Town. . . . . . . . . . . . . . . . . . . .
Page 36
87.
Restriction on Sale of Lots. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 37
88.
Grouping of Buildings and Landscaping. . . . . . . . . . . . . . . . . . . .
Page 37
89.
Subdivision Policies and Subdivision Agreement. . . . . . . . . . . . .
Page 38
PART IV - USE ZONES.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 39
90.
Use Zones.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 39
91.
Use Classes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 39
92.
Permitted Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 39
93.
Discretionary Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 39
94.
Uses Not Permitted - Prohibited Uses.. . . . . . . . . . . . . . . . . . . . .
Page 40
SCHEDULE A - DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 41
SCHEDULE B - CLASSIFICATION OF USES OF LAND AND BUILDINGS. . .
Page 51
TABLE OF CONTENTS - 5
SCHEDULE C - USE ZONE TABLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 57
MIXED DEVELOPMENT (MD) ZONE. . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 58
AGRICULTURE (A) ZONE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 64
COMMERCIAL TOURISM (CT).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 71
ENVIRONMENTAL PROTECTION (EP) ZONE. . . . . . . . . . . . . . . . . . .
Page 76
SCHEDULE D - PARKING AND OFFSTREET LOADING REQUIREMENTS..
Page 77
SCHEDULE E - DEER LAKE AIRPORT ZONING REGULATIONS. . . . . . . . .
Page 82
SCHEDULE F -
WATERWAYS AND WETLANDS - W.R. 97-1 AND W.R. 97-2. . . . . . . . . . . .
Page 86
MAPS: Land Use Zoning Maps 1, 2 and 3.
TOWN OF REIDVILLE MUNICIPAL PLAN
(DEVELOPMENT REGULATIONS)
APPLICATION
1.
Short Title
These Regulations may be cited as the Reidville Development Regulations.
2.
Interpretation
(1)
Words and phrases used in these Regulations shall have the meanings
ascribed to them in Schedule A.
(2)
Words and phrases not defined in Schedule A shall have the meanings
which are commonly assigned to them in the context in which they are used
in the Regulations.
3.
Commencement
These Regulations come into effect throughout the Reidville Municipal Planning
Area, hereinafter referred to as the Planning Area, on the date of publication of a
notice to that effect in the Newfoundland Gazette.
4.
Urban and Rural Planning Act 2000 - Ministerial Development Regulations
The Ministerial Development Regulations (Ministerial Regulations), enacted under
Section 36 of the Act, shall apply to development within the Planning Area. Where
there is conflict between these and the Reidville Development Regulations, the
Ministerial Regulations shall prevail. The Ministerial Development Regulations are
included with the Reidville Development Regulations.
5.
Municipal Code and Regulations
The Building Code including the Plumbing Code, the Fire Code, the Electrical Code,
and any other ancillary code and any Building Regulations, Waste Disposal
Regulation and/or any other municipal regulations regulating or controlling the
development, conservation and use of land in force in the Town of Reidville, shall,
under these Regulations apply to the entire Planning Area.
6.
Town
In these Regulations, "Town" means the Council of the Town of Reidville.
Town of Reidville
Development Regulations 2009
PART I - GENERAL REGULATIONS
Page 2
PART I - GENERAL REGULATIONS
7.
Compliance With Regulations
No development shall be carried out within the Planning Area except in accordance
with these Regulations.
8.
Permit Required
No person shall carry out any development within the Planning Area except where
otherwise provided in these Regulations unless a permit for the development has
been issued by the Town.
9.
Permit to be Issued
Subject to Regulations 10 and 11, a permit shall be issued for development within
the Planning Area that conforms to the requirements of these regulations.
10.
Permit Not to be Issued in Certain Cases
Neither a permit nor approval in principle shall be issued for development within the
Planning Area when, in the opinion of the Town, it is premature by reason of the site
lacking adequate road access, power, drainage, sanitary facilities, or domestic water
supply, or being beyond the natural development of the area at the time of
application unless the applicant contracts to pay the full cost of construction of the
services deemed necessary by the Town and such cost shall attach to and upon the
property in respect of which it is imposed.
11.
Discretionary Powers of Town
In considering an application for a permit or for approval in principle to carry out
development, the Town shall take into account the policies expressed in the Munici-
pal Plan and any further scheme, plan or regulations pursuant thereto, and shall
assess the general appearance of the development of the area, the amenity of the
surroundings, availability of utilities, public safety and convenience, and any other
considerations which are, in its opinion, material, and notwithstanding the conformity
of the application with the requirements of these Regulations, the Town may, in its
discretion, and as a result of its consideration of the matters set out in this Regulat-
ion, conditionally approve or refuse the application.
Town of Reidville
Development Regulations 2009
PART I - GENERAL REGULATIONS
Page 3
12.
Variances by Town (see Ministerial Development Regulations, Section 12)
(1)
Where an approval or a permit cannot be given by the Town because a
proposed development does not comply with development standards set out
in these Regulations, the Town may, in its discretion, vary the applicable
development standards to a maximum of 10%, if, in the Town's opinion,
compliance with the development standards would prejudice the proper
development of the land, building or structure in question or would be
contrary to the public interest.
(2)
The Town shall not allow a variance from development standards set out in
these Regulations if that variance , when considered together with other
variances made or to be made with respect to the same land, building or
structure, would have a cumulative effect that is greater than a 10% variance
even though the individual variances are separately not greater than 10%.
(3)
The Town shall not permit a variance from the development standards where
the proposed development would increase the non conformity of an existing
development.
(4)
Public Notice - When a variance is necessary under this Regulation, the
Town shall, at the expense of the applicant, give written notice to the
property owners in the immediate vicinity of the proposed variance.
13.
Service Levy
(1)
The Town may require a developer to pay a service levy where development
is made possible or where the density of potential development is increased,
or where the value of property is enhanced by the carrying out of public
works either on or off the site of the development.
(2)
A service levy shall not exceed the cost, or estimated cost, including finance
charges to the Town of constructing or improving the public works referred
to in Regulation 13(1) that are necessary for the real property to be
developed in accordance with the standards required by the Town and for
uses that are permitted on that real property.
(3)
A service levy shall be assessed on the real property based on:
a)
the amount of real property benefited by the public works related to
all the real property so benefited; and,
Town of Reidville
Development Regulations 2009
PART I - GENERAL REGULATIONS
Page 4
b)
the density of development made capable or increased by the public
work.
(4)
The Town may require a service levy to be paid by the owner of the real
property;
a)
at the time the levy is imposed;
b)
at the time development of the real property commences;
c)
at the time development of the real property is completed; or,
d)
at such other time as the Town may decide.
14.
Financial Guarantees by Developer
(1)
The Town may require a developer before commencing a development to
make such financial provisions and/or enter into such agreements as may be
required to guarantee the payment of service levies, ensure site reins-
tatement, and to enforce the carrying out of any other condition attached to
a permit or licence.
(2)
The financial provisions pursuant to Regulation 14(1) may be made in the
form of:
a)
a cash deposit from the developer, to be held by the Town, or;
b)
a guarantee by a bank, or other institution acceptable to the Town, for
expenditures by the developer, or;
c)
a performance bond provided by an insurance company or a bank, or;
d)
an annual contribution to a sinking fund held by the Town.
15.
Dedication of Land for Public Use
In addition to the requirements for dedication of land under Part III, Subdivision of
Land - Land for Public Open Space, the Town may require the dedication of a
percentage of the land area of any subdivision or other development for public use,
and such land shall be conveyed to the Town in accordance with the provisions of
the Act.
16.
Reinstatement of Land
Where the use of land is discontinued or the intensity of its use is decreased, the
Town may order the developer, the occupier of the site, or the owner or all of them
to reinstate the site, to remove all or any buildings or erections, to cover or fill all
Town of Reidville
Development Regulations 2009
PART I - GENERAL REGULATIONS
Page 5
wells or excavations, and to close all or any accesses, or to do any of these things
or all of them, as the case may be, and the developer, occupier or owner shall carry
out the order of the Town and shall put the site in a clean and sanitary condition to
the satisfaction of the Town.
17.
Form of Application
(1)
An application for a development permit or for approval in principle shall be
made only by the owner or by a person authorized by the owner to the Town
on such form as may be prescribed by the Town, and every application shall
include such plans, specifications and drawings as the Town may require,
and be accompanied by the permit fee required by the Town.
(2)
The Town shall, on request, supply to every applicant a copy of the
application forms referred to in Regulation 17(1) and a description of the
plans, specifications and drawings required to be provided with the
application.
18.
Register of Application
The Town shall keep a public register of all applications for development, and shall
enter therein the Town's decision upon each application and the result of any
appeal from that decision.
19.
Deferment of Application
(1)
The Town may, with the written agreement of the applicant, defer
consideration of an application.
(2)
Applications properly submitted in accordance with these Regulations which
have not been determined by the Town and on which a decision has not
been communicated to the applicant within eight weeks of the receipt thereof
by the Town, and on which consideration has not been deferred in
accordance with Regulation 19(1), shall be deemed to be refused.
20.
Approval in Principle
(1)
The Town may grant Approval in Principle for a subdivision or any other
development if, after considering an application for Approval in Principle
made under these Regulations, it is satisfied that the proposed development
Town of Reidville
Development Regulations 2009
PART I - GENERAL REGULATIONS
Page 6
is, subject to the approval of detailed plans, in compliance with these
Regulations.
(2)
Where Approval in Principle is granted under this Regulation, it shall be
subject to the subsequent approval by the Town and other relevant
authorities or agencies of such details as may be listed in the Approval in
Principle, which shall also specify that further application for approval of
these details shall be received not later than two years from the grant of
Approval in Principle.
(3)
The Town may attach such conditions as it deems fit to an Approval in
Principle in order to ensure that the proposed development will be in
accordance with the purposes and intent of these Regulations and any other
pertinent regulations or statutes.
(4)
An Approval in Principle or conditions attached thereto is subject to appeal
under the Act.
(5)
Notwithstanding an Approval in Principle, no work shall commence until a
Development Permit has been issued by the Town in accordance with the
conditions set forth in the Approval in Principle.
21.
Development Permit
(1)
A plan or drawing which has been approved by the Town and which bears
a mark and/or signature indicating such approval together with a permit shall
be deemed to be permission to develop land in accordance with these
Regulations but such permission shall not relieve the applicant from full
responsibility for obtaining permits or approvals under any other regulation
or statute prior to commencing the development; from having the work
carried out in accordance with these Regulations or any other regulations or
statutes; and from compliance with all conditions imposed thereunder.
(2)
The Town may attach to a permit such conditions as it deems fit in order to
ensure that the proposed development will be in accordance with the
purposes and intent of these Regulations.
(3)
Where the Town deems necessary, permits may be issued on a temporary
basis for a period not exceeding two years, which may be extended in writing
by the Town for further periods not exceeding two years.
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Development Regulations 2009
PART I - GENERAL REGULATIONS
Page 7
(4)
A permit is valid for such period, not in excess of two years, as may be
stated therein, and if the development has not commenced, the permit may
be renewed for a further period not in excess of one year, but a permit shall
not be renewed more than once, except in the case of a permit for an advert-
isement, which may be renewed in accordance with Regulation 31(4) of
these Regulations.
(5)
The approval of any application and plans or drawings or the issue of a
permit shall not prevent the Town from thereafter requiring the correction of
errors, or from ordering the cessation, removal of, or remedial work on any
development being carried out in the event that the same is in violation of
this or any other regulations or statute.
(6)
The Town may revoke a permit for failure by the holder of it to comply with
these Regulations or any condition attached to the permit or where the
permit was issued in error or was issued on the basis of incorrect
information.
(7)
No person shall erase, alter or modify any drawing or specifications upon
which a permit to develop has been issued by the Town.
(8)
There shall be kept available on the premises where any work, matter or
thing in being done for which a permit has been issued, a copy of the permit
and any plans, drawings or specifications on which the issue of the permit
was based during the whole progress of the work, or the doing of the matter
or thing until completion.
(9)
A development permit or permit or conditions attached thereto is subject to
appeal.
22.
Reasons for Refusing Permit
The Town shall, when refusing to issue a permit or attaching conditions to a permit,
state the reasons for so doing.
23.
Notice of Application
When a change in nonconforming use is to be considered (see also Ministerial
Regulations), or when the development proposed is listed as a discretionary use in
Schedule C of the Regulations the Town shall, at the expense of the applicant, give
Town of Reidville
Development Regulations 2009
PART I - GENERAL REGULATIONS
Page 8
notice of an application for a permit or for Approval in Principle, by public advertise-
ment in a newspaper circulating in the area or by any other means deemed
necessary.
When a variance is necessary under Regulation 12 (see also Ministerial
Regulations), the Town shall, at the expense of the applicant, give written notice to
the property owners in the immediate vicinity of the proposed variance.
24.
Right of Entry
The Town, the Director, or any inspector may enter upon any public or private land
and may at all reasonable times enter any development or building upon the land
for the purpose of making surveys or examinations or obtaining information relative
to the carrying out of any development, construction, alteration, repair, or any other
works whatsoever which the Town is empowered to regulate.
25.
Record of Violations
Every inspector shall keep a record of any violation of these regulations which
comes to his knowledge and report that violation to the Town.
26.
Stop Work Order and Prosecution
(1)
Where a person begins a development contrary or apparently contrary to
these Regulations, the Town may order that person to stop the development
or work connected therewith pending final adjudication in any prosecution
arising out of the development.
(2)
A person who does not comply with an order made under Regulation 26(1)
is guilty of an offence under the provisions of the Act.
27.
Appeals
See Ministerial Regulations - Sections 5 to 11.
Where an appeal lodged under Section 42 of the Urban and Rural Planning Act has
been successful, the fee paid by the appellant shall be reimbursed by the Town.
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Development Regulations 2009
PART II - GENERAL DEVELOPMENT STANDARDS
Page 9
PART II - GENERAL DEVELOPMENT STANDARDS
28.
Accesses and Service Streets
(1)
Access shall be located to the specification of the Town so as to ensure the
greatest possible convenience and safety of the street system and the Town
may prescribe the construction of service streets to reduce the number of
accesses to collector and arterial streets.
(2)
Any access to a Provincial Highway must be approved by the Department of
Transportation and Works.
(3)
No vehicular access shall be closer than 10 metres to the street line of any
street intersection.
29.
Accessory Buildings
See Schedule C - Use Zone Tables.
30.
Accessory Uses
See also Schedule A - Definitions.
Subject to the other requirements of these Regulations, including those of Schedule
C, uses accessory to the permitted or discretionary use can be permitted.
Subject to Schedule C, examples of accessory uses include, but are not limited to:
a)
facilities for the serving of food and alcoholic beverages in an arena or other
place of assembly, marina, or hotel (commercial - residential);
b)
a gift or souvenir shop in a museum, hotel or other establishment;
c)
office and/or a small convenience store or catering establishment in a
campground;
d)
a marina or dock or wharf in a residential or other zone;
e)
an accessory dwelling;
f)
an unobtrusive business carried out in a dwelling or residential accessory
building by a resident of the dwelling;
g)
a dwelling or dwelling unit accessory to the primary use - such as a farm
operator's dwelling on the farm, woodlot owner's dwelling, or a caretaker's
dwelling in non-farm or forestry business.
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Development Regulations 2009
PART II - GENERAL DEVELOPMENT STANDARDS
Page 10
These accessory uses shall be clearly subsidiary to and controlled so as to be
compatible with the primary use and the use of nearby properties.
31.
Advertisements and Signs
The terms "advertisement" and "sign" are interchangeable.
(1)
Permit Required
Unless specifically exempted, no advertisement shall be erected or displayed
in the Planning Area unless a permit for the advertisement is first obtained
from the Town, and, where necessary, from the Department of Government
Services.
(2)
Form of Application
Application for a permit to erect or display an advertisement shall be made
to the Town in accordance with Regulation 17.
(3)
Advertisements in Street Reservation
No advertisement shall be permitted to be erected or displayed within, on or
over any highway or street reservation unless it is a premises sign
(advertisement relating to onsite uses) and where applicable unless this sign
has been approved by the Town and the Department of Government
Services and/or the Department of Transportation and Works.
(4)
Permit Valid for Limited Period
a)
A permit shall be valid for a period of one year and failure by the
applicant to initiate construction before expiration of the first permit
year shall require reapplication to the Town.
b)
Where, upon expiration of the first permit year a person wants the
continued placement of that sign, that person shall apply to the Town
for a renewed permit.
c)
The Town may issue a renewed permit and that renewed permit shall
be valid for a period of three years, and this must subsequently be
renewed for further three year periods if the sign is to remain in place.
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PART II - GENERAL DEVELOPMENT STANDARDS
Page 11
d)
A renewed permit shall not be issued until the Town is satisfied that
the sign has been maintained to its satisfaction and conforms to these
Regulations and the conditions attached to the permit.
(5)
Removal of Advertisements
Notwithstanding the provisions of these Regulations, the Town may require
the removal of any advertisement which, in its opinion, is:
a)
hazardous to road traffic by reason of its siting, colour, illumination,
maintenance or structural condition, or;
b)
detrimental to the amenities of the surrounding area.
(6)
Signs - Non-Conforming Uses
A permit may be used for the erection or display of advertisements on a
building or within the courtyard of a building or on a parcel of land, the use
of which is a non conforming use, provided that the advertisement does not
exceed the size and type of advertisement which could be permitted if the
development was in a Use Zone appropriate to its use, and subject to any
other conditions deemed appropriate by the Town.
(7)
Prohibition
A sign shall not be erected, posted or placed:
a)
where in the opinion of the Town, that sign would be hazardous to
road traffic by reason of its siting, illumination or structural condition;
b)
where in the opinion of the Town that sign would be detrimental to the
amenities of surrounding areas or length of highway or road;
c)
where that sign is not maintained to the satisfaction of the Town;
d)
within or over a highway or street intersection unless otherwise
approved by the Town for Town roads, or by the Department of
Transportation and Works for roads under Provincial jurisdiction;
e)
with the exception of premises advertisements, within 300 metres, or
a distance specified by the Department of Transportation and Works,
or the Town of the intersection of two or more highways and/or for
Town roads, or from the crossing of a public road;
f)
at a location that is objectionable to residents of the immediate area;
and
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Development Regulations 2009
PART II - GENERAL DEVELOPMENT STANDARDS
Page 12
g)
on a sign erected by the Department of Transportation and Works.
(8)
Signs or Advertisements Not Specifically Covered
If for some reason an application is received for a sign or advertisement that
does not fall into one of the categories set out under these Regulations, then
subject to the other applicable requirements of these Regulations the Town
may approve, approve with conditions, or refuse to approve the sign or
advertisement.
32.
Advertisements Exempt from Control
The following advertisements may be erected or displayed in the Planning Area
without application to the Town:
a)
a posting of a candidate in a federal, provincial or municipal election or a
regional school board election;
b)
a temporary sign relating to federal, provincial or municipal public works;
c)
a notice required by law to be posted;
d)
a regulatory, warning, directional, guide or informational sign erected by the
Department of Transportation and Works;
e)
a sign placed by a telephone, telegraph or electric power company to
indicate danger;
f)
a sign, not exceeding 0.5 square metres, advertising the sale or rental of a
building or lot upon which the sign is located;
g)
a flag, emblem or insignia of a nation, country or province;
h)
one temporary sign related to building construction located on a site on
which the work is being carried out;
i)
on a dwelling or within the courtyard of a dwelling, one nameplate not
exceeding 0.28 m² in area;
j)
on an agricultural holding or farm, a notice board not exceeding 1.5 m² in
area and relating to the operations being conducted on the land;
k)
on land used for forestry purposes, signs or notices not exceeding 1 m² in
area and relating to forestry operations or the location of logging operations
conducted on the land;
l)
on land used for mining or quarrying operations, a notice board not
exceeding 1 m² in area relating to the operation conducted on the land;
m)
on a dwelling or within the courtyard of a dwelling, one nameplate not
exceeding 0.28 m² in area in connection with the practice of a business
carried on in the premises;
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Development Regulations 2009
PART II - GENERAL DEVELOPMENT STANDARDS
Page 13
n)
on any site occupied by a church, school, library, art gallery, museum,
institution or cemetery, one notice board placed no closer than 3 metres from
a street line;
o)
on the principal facade of any commercial, industrial or public building, the
name of the building or the name of the occupants of the building, in letters
not exceeding one-tenth of the height of that facade or 3 m, whichever is the
lesser;
p)
on any parking lot directional signs and one sign not exceeding 1 m² in size,
identifying the parking lot; and,
q)
a sign indicating the location of a municipal or municipal planning area
boundary, located beyond the back slope of a highway ditching.
33.
Advertisements - Temporary and/or Portable Signs
A temporary and/or portable sign may be permitted in any zone for a period not
exceeding 30 consecutive days, provided the sign:
a)
does not exceed 4 square metres in area;
b)
does not create or aggravate a traffic hazard, such as by blocking a sight-
line;
c)
does not interfere with other lawful signs, including directional signs;
d)
is of a location, materials, design and colour in keeping with the character
and appearance of the area;
e)
if necessary, is approved by the Department of Government Services,
together with the Town.
The sign shall be immediately removed upon expiry of the permit.
A renewal permit for a temporary and/or portable sign may only be issued thirty
days after the expiry of the original permit.
34.
Advertisements and Signs near Highways
Pursuant to Newfoundland Regulation 85/99 as amended, the Provincial
Government has designated "control lines" alongside each provincially maintained
route. These lines extend 400 metres from the highway centre lines, except that the
control area is reduced within the within Municipal Boundaries and built up areas of
incorporated communities to 100 metres from the centre line of a provincial
highway.
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Development Regulations 2009
PART II - GENERAL DEVELOPMENT STANDARDS
Page 14
Advertisements and signs falling within the designated control lines of any highway
must be referred to and approved or exempted by the Government Services office
serving the area.
35.
Advertisements Relating to Onsite Uses
The conditions which shall apply to the erection or display of an advertisement on
any lot or site occupied by a use permitted or existing as a legal non-conforming use
in this use zone, shall be as follows:
a)
the size, shape, illumination and material construction of the advertisement
shall meet the requirements of the Town, having regard to the safety and
convenience of users of adjacent streets and sidewalks, and the general
amenities of the surrounding area;
b)
unless it is a sign affixed to the wall or canopy of a building the
advertisement shall not exceed 5 square metres in area on any side.
These requirements also apply to premises signs.
36.
Advertisements Relating to Offsite Uses
The conditions to be applied to the erection or display of an advertisement on any
site, relating to a use permitted in this or another zone, or not relating to a specific
land use, shall be as follows:
a)
which advertisement shall not exceed three square metres in area;
b)
when the advertisements relate to a specific land use, they shall be located
within a reasonable distance of, and only show thereon the name and nature
of the distance or direction to the premises to which they relate.
c)
the location, siting and illumination of each advertisement shall be to the
satisfaction of the Town, having regard to the grade and alignment of streets,
the location of street junctions, the location of nearby buildings and the
preservation of the amenities of the surrounding area.
37.
Agriculture and Farming
(1)
Agricultural uses are regulated by the Town and the Provincial Government.
Agricultural uses shall be approved by both the Agrifoods Development
Branch of the Department of Natural Resources and the Town, together with
other appropriate agencies.
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PART II - GENERAL DEVELOPMENT STANDARDS
Page 15
(2)
Except for residential development occurring in an already developed area
("infill development"), any residential development within 600 metres of
structure containing more than five animal units must be referred to the
Agrifoods Development Branch for a recommendation. The Town shall not
issue a permit contrary to the recommendation.
(3)
A livestock structure (barn) containing five or more animal units must be
located at distance from a non-farm dwelling determined by the Agrifoods
Development Branch. The structure shall be at least 60 m from the boundary
of the property on which it is to be erected and shall be at least 90 m from
the centre line of a street. The erection of the structure shall be approved by
the Agrifoods Development Branch before a permit is issued by the Town.
38.
Archaeological and Heritage Sites and Areas
(1)
If an archaeological site or historical artifacts are discovered during construc-
tion, development shall stop and the Provincial Archaeology Office of the
Department of Tourism, Culture and Recreation consulted. Development
shall not proceed until the Provincial Archaeology Office has evaluated the
site.
(2)
Before approval is granted for a major development, such as a subdivision,
or a new commercial or public building, the application shall be referred to
the Provincial Archaeology Office for investigation.
39.
Buffers - Non-Residential
Where any non-residential use abuts a residential use or area, the owner of the site
of the non-residential development may be required to provide a buffer strip
between any non-residential building or activity and the residential use. The buffer
shall include the provision of grass strips, hedges, trees or shrubs, or structural
barriers as may be required by the Town, and shall be maintained by the owner or
occupier to the satisfaction of the Town.
40.
Building Line and Setback
(1)
The Town may by resolution establish building lines on an existing or
proposed street or service street and may require any new buildings to be
located on those building lines, whether or not such building lines conform
to the standards set out in the tables in Schedule C of these Regulations.
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PART II - GENERAL DEVELOPMENT STANDARDS
Page 16
(2)
The building line setback is measured from the front property line.
(3)
In accordance with the Building Near Highways Regulations 1997, the
building line along Provincial highways shall not be less than that specified
under the Building Near Highways Regulations. The minimum building line
is 20 metres from the centre-line of the Northern Peninsula Highway (Viking
Trail), Highway 430.
41.
Buildings on a Lot and Farm Dwelling Exemption
(1)
See also Regulation 42, Comprehensive Development.
(2)
Unless it is a farm dwelling, not more than one single or double dwelling shall
be permitted on a lot.
(3)
Non-residential use classes - two or more buildings can be erected on a lot
provided that the yard and setback and other requirements of Schedule C
and other parts of these Regulations are satisfied.
42.
Comprehensive Development
The Town may permit a large scale private or public comprehensive development
that does not meet the requirements of these Development Regulations for frontage
on a publicly owned and maintained road ('public road'), lot size, lot frontage,
minimum or maximum building line setback, side yard width and rear yard depth,
provided that:
a)
the Town is satisfied that either the site conditions are such that the standard
requirements could not be met, or, the quality of the development would be
greater than could otherwise occur through the application of the standard
requirements;
b)
a comprehensive development plan of the property has been granted
Approval in Principle by the Town, along with other approvals before permits
are issued for development;
c)
the comprehensive development itself has frontage on a public road;
d)
the development is compatible with adjacent development;
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PART II - GENERAL DEVELOPMENT STANDARDS
Page 17
e)
water supply and waste disposal services for the development are approved
by the Town, the Government Service Centre and other appropriate
agencies;
f)
there are at least two developments within the comprehensive development
and the land area of the development is at least two hectares.
Along with other conditions and requirements, the Town may require that a
communal water supply and waste disposal service be provided by the developer
and maintained by the developer and/or owners of the development.
43.
Deer Lake Airport Zoning Regulations
Most of Reidville lies within the area encompassed by the Deer Lake Airport Zoning
Regulations as prepared by Transport Canada pursuant to the Aeronautics Act
Canada. This is shown on Land Use Zoning Map 3 as an overlay to the zones set
out on Land Use Zoning Maps 1 and 2. The text of the Airport Zoning Regulations
is set out in Schedule E.
The Airport Zoning Regulations essentially affect tall structures and facilities likely
to create bird hazards through the disposal of any waste that is edible or attractive
to birds.
44.
Discretionary Use Classes
The discretionary use classes listed in Schedule C may be permitted at the
discretion of the Town provided that they are complementary to uses in the
permitted use classes or that their development will not inhibit or prejudice the
existence or the development of such uses.
45.
Family and Group Care Centres
Family group care centre use is permitted in any dwelling or apartment that is
adequate in size to accommodate the number of persons living in the group,
inclusive of staff, provided that in the opinion of the Town, the use of the dwelling
does not materially differ from, nor adversely affect, the amenities of the adjacent
residences, or the neighbourhood in which it is located. The Town may require
special access and safety features to be provided for the occupants before
occupancy is permitted.
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Development Regulations 2009
PART II - GENERAL DEVELOPMENT STANDARDS
Page 18
46.
Fences
(1)
Except as otherwise set out in Schedule C or in a Fence Regulation adopted
under the Municipalities Act, the requirements of this Regulation shall apply
to all fences.
(2)
For the purpose of this Regulation a fence includes a vertical physical barrier
constructed out of typical fencing materials, and includes hedges, shrubs and
landscaping features used for these purposes, and, that portion of a retaining
wall which projects above the surface of the ground which it supports.
(3)
The provision of these Regulations shall apply to all public authorities except
in those cases where an exception from the Regulations is require to respond
to an emergency or for a public purpose.
(4)
The Town shall not be liable for any damages for the repair of any fence
whatsoever where the Town, its employees or agents or otherwise have
acted without negligence. In particular, the Town shall not be liable for any
damages or repairs of any fence whatsoever during the normal operation of
snow clearing on streets or sidewalks located within the Municipal Planning
Area.
Order to Remove Fence
(5)
When in the opinion of the Town, a fence creates a safety hazard or
obstruction or impedes snow-clearing due to its location, height or
construction material, the Town may issue an order to the property owner
stating that the fence or portions thereof be removed, reconstructed or
repaired within a specified time in order to correct the safety hazard or
obstruction and the cost to remove, construct or repair said fence or part
thereof will be at the owner's expense. In the event that the property owner
does not remove the fence within the specified time as ordered, the Town
may remove the fence and the cost to remove, reconstruct or repair said
fence will be at the owner's expense.
Fence Maintenance
(6)
Every person who owns a fence shall maintain such fence in a good state of
repair. For the purpose of this Regulation, "good state of repair" shall mean:
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PART II - GENERAL DEVELOPMENT STANDARDS
Page 19
a)
the fence is complete and in a structurally sound condition and plumb
and securely anchored;
b)
protected by weather -resistant materials;
c)
fence components are not broken, rusted, rotten or in a hazardous
condition;
d)
all stained or painted fences are maintained free of peeling; and
e)
that the fence does not present an unsightly appearance deleterious
to abutting land or to the neighbourhood.
Fence Materials
(7)
The material or materials used in the erection and repair of a fence, shall
only be of a type which meets the approval of the Council.
Fence Height - Sight Lines
(8)
Except as otherwise provided no fence shall be erected with a height of
greater than 0.75 metres above the grade of the street line within the triangle
formed by two street lines and a line connecting two points on the two street
lines located 15 metres from the point of intersection of the two street lines
where one of the streets is an arterial or collector street, or 8 metres from the
point of intersection of the two street lines where the two streets are local
streets.
(9)
Except as otherwise provided, no fence shall be erected with a height of
greater than 0.75 metres above the grade of the street line at the intersection
of a driveway and a road where in the opinion of the Council it impedes sight
lines.
Maximum Height
(10)
Unless required for screening, no fence shall be greater than 0.75 metres in
height between the building line and the street line.
(11)
The maximum height of a fence shall not exceed 1.8 metres in the Mixed
Development Zone.
(12)
The maximum height of a fence in all other zones shall not exceed 2.4
metres.
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Development Regulations 2009
PART II - GENERAL DEVELOPMENT STANDARDS
Page 20
Electrical Fence and Barbed Wire Fence
(13)
No person shall erect an electrical fence on any land, unless required for the
containment of livestock or the protection of crops from marauding animals.
(14)
No person shall erect a fence consisting wholly or partly of barbed wire or
other barbed material except for agricultural purposes or along the top of any
fence in excess of 2.1 metres enclosing a lot used for commercial or
industrial purposes provided the industrial or commercial lot does not abut a
residential lot or residential use zone.
Snow Fence
(15)
No person shall erect or maintain a snow fence for the period May 1 to
st
October 31 in any year on land used for residential or commercial purposes.
st
Swimming Pool Fence
(16)
A fence with a minimum height of 1.8 metres shall be erected and maintained
around an open swimming pool.
47.
Forestry
Approvals for woodcutting or other forestry related activities must be obtained from
the provincial Department of Natural Resources - Forestry Services Branch. No
development is permitted in a domestic cutting area - the Resource Development
Zone - without prior approval of the Forestry Services Branch.
48.
Lot Area
(1)
No lot shall be reduced in area, either by the conveyance or alienation of any
portion thereof or otherwise, so that any building or structure on such lot shall
have a lot coverage that exceeds, or a front yard, rear yard, side yard,
frontage or lot area that is less than that permitted by these Regulations for
the zone in which such lot is located.
(2)
Where any part of a lot is required by these Regulations to be reserved as a
yard, it shall continue to be so used regardless of any change in the
ownership of the lot or any part thereof, and shall not be deemed to form part
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PART II - GENERAL DEVELOPMENT STANDARDS
Page 21
of an adjacent lot for the purpose of computing the area thereof available for
building purposes.
49.
Lot Area and Size Exceptions
Where, at the time of coming into effect of these Regulations, one or more lots
already exist in any zone, with insufficient frontage or area to permit the owner or
purchaser of such a lot or lots to comply with the provisions of these Regulations,
then these Regulations shall not prevent the issuing of a permit by the Town for the
erection of a dwelling thereon, provided that the lot coverage and height are not
greater than, and the yards and floor area are not less than the standards set out
in these Regulations.
50.
Lot Frontage
Except where specifically provided for in the Use Zone Tables in Schedule C of
these Regulations, and/or with respect to wharves and docks, remote cottages and
certain uses related to the development of natural resources where frontage on a
publicly owned and maintained road ('public road') is not feasible or desirable, no
residential or commercial building shall be erected unless the lot on which it is
situated fronts directly onto a public road or street or forms part of a Comprehensive
Development.
51.
Mineral Exploration
(1)
Subject to the other provisions of these Development Regulations, mineral
exploration which is not classed as development by virtue of appreciable soil
disturbance, construction of access roads, noise, odour and appearance can
be permitted anywhere in the Town, provided that adequate notification is
provided to the Town.
(2)
Mineral exploration which is classed as development can only permitted if
adequate provision is made for buffering /and or other means of reducing or
eliminating the impacts of the exploration on uses of land such as agricultural
operations, residential uses including farm dwellings, tourist accommodation
facilities and important waterways and wetlands.
Where there is soil disturbance, the developer shall provide a site restoration
or landscaping surety and/or other satisfactory guarantees of site restoration
or landscaping to the Town.
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PART II - GENERAL DEVELOPMENT STANDARDS
Page 22
No permit shall be issued by the Town for mineral exploration until the
necessary permits and approvals have been obtained from the Departments
of Natural Resources, Government Services, and Environment and
Conservation, together with any other relevant Provincial agencies.
52.
Non-Conforming Uses
(1)
This Regulation is based upon Section 108 (2) of the Urban and Rural
Planning Act 2000, and Sections 14, 15, and 16 of the Ministerial
Development Regulations.
(2)
Notwithstanding a plan, scheme or regulations made under the Urban and
Rural Planning Act 2000, the Town shall, in accordance with regulations
made under this Act, allow a development or use of land to continue in a
manner that does not conform with a regulation, scheme, or plan that applies
to that land provided that the non-conforming use legally existed before the
registration under Section 24 of the Act of the plan, scheme or regulations
made with respect to that kind of development or use.
(3)
Notwithstanding subsection (1), a right to resume a discontinued non-
conforming use of land shall not exceed one year. For the purpose of this
Regulation, discontinuance of a non-conforming use begins when any one
of the following conditions is met:
a)
the building or use of land is clearly vacated or the building is
demolished;
b)
the owner or tenant has ceased paying business occupancy taxes for
that use;
c)
the owner or tenant has stated in writing that the use has ceased.
(4)
A building, structure or development that does not conform to a scheme, plan
or regulations made under this Act that is allowed to continue under
subsection (2):
a)
shall not be internally or externally varied, extended or expanded
unless otherwise approved by the Town;
b)
shall not be structurally modified except as required for the safety of
the building, structure or development;
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PART II - GENERAL DEVELOPMENT STANDARDS
Page 23
c)
shall not be reconstructed or repaired for use in the same non-
conforming manner where 50% or more of the value of that building,
structure or development has been destroyed;
d)
may have the existing use for that building, structure or development
varied by the Town to a use that is, in their opinion more compatible
with a plan and regulations applicable to it;
e)
may have the existing building extended by the Town where, in its
opinion that extension is not more than 50% of the existing building;
f)
where the non-conformance is with respect to the standards included
in development regulations, the building, structure or development
shall not be expanded if the expansion would increase the
non-conformity - and an expansion must comply with the
development standards applicable to that building, structure or
development.
g)
where the building or structure is primarily zoned and used for
residential purposes, may, in accordance with the appropriate plan
and regulations, be repaired or rebuilt where 50% or more of the value
of that building or structure is destroyed; and
h).
a residential building or structure referred to in the above paragraph
must, where being repaired or rebuilt, be repaired or rebuilt in
accordance with the plan and development regulations applicable to
that building or structure.
(5)
Notice and hearings on change of use - Where considering a non
conforming building, structure or development under clause 4 d) of this
Regulation and before making a decision to vary an existing use of that
non-conforming building, structure or development, the Town, at the
applicant's expense, shall publish a notice in a newspaper circulating in the
area or by other means give public notice of an application to vary the
existing use of a non-conforming building, structure or development and shall
consider any representations or submissions received in response to that
advertisement.
53.
Offensive and Dangerous Uses
No building or land shall be used for any purpose which may be dangerous by
causing or promoting fires or other hazards or which may emit noxious, offensive or
Town of Reidville
Development Regulations 2009
PART II - GENERAL DEVELOPMENT STANDARDS
Page 24
dangerous fumes, smoke, gases, radiation, smells, ash, dust or grit, excessive noise
or vibration, or create any nuisance that has an unpleasant effect on the senses
unless its use is authorized by the Town and any other authority having jurisdiction.
54.
Parking and Offstreet Loading Requirements
Parking and offstreet loading requirements are set out in Schedule D of these
Regulations.
55.
Parks and Playgrounds, and Conservation Uses
(1)
Parks and playgrounds are permitted in any zone, provided however, that
such parks and playgrounds are not located in areas which may be
hazardous to their use and are not operated for commercial purposes.
(2)
Nothing in these Regulations shall prevent the designation of conservation
areas in any zone.
56.
Recreational Trails and Walkways
(1)
Wherever space and terrain characteristics allow, the appearance and use
of well known trails and/or mapped trails shall be protected by self-sustaining
vegetation buffers that screen the trail from other forms of development and
protect them from hazard areas and areas subject to erosion, such as river
and brook banks.
(2)
In respect of Crown Lands the minimum buffer shall be 15 metres either side
from the centre-line of the trail to create a trail corridor 30 metres wide.
(3)
In respect of privately owned lands where the land is deeded or assigned to
the Town or a non-profit body, the minimum buffer shall be 7.5 metres from
the centre-line of the trail to create 15 metre wide trail corridor. The buffer
may be increased in order to secure additional protection or screening.
(4)
Development shall not be permitted to impede the continued use of known
and/or mapped trails.
(5)
As a condition of a development permit the Town may require that a trail
corridor be deeded to the Town or a non-profit group approved by the Town.
Town of Reidville
Development Regulations 2009
PART II - GENERAL DEVELOPMENT STANDARDS
Page 25
57.
Reidville Road Tree Screen
The existing tree screen along Reidville Road is to be maintained wherever possible
in order to enhance the appearance of the Town and to minimize snow-drifting.
Property owners are to be encouraged to maintain the tree screen.
The Town shall monitor developments that could affect the tree screen and will
assess each application on its merits before issuing a permit to remove or alter part
of the tree screen.
58.
Screening and Landscaping
The provision of adequate and suitable landscaping or screening may be made a
condition of any development permit where, in the opinion of the Town, the
landscaping or screening is desirable to preserve amenity, or protect the
environment.
59.
Services and Public Utilities
Within any zone the Town can permit land to be used in conjunction with the
provision of public services and public utilities if the use of that land is necessary to
the proper operation of the public service or public utility.
60.
Side Yards
A side yard which shall be kept clear of obstruction shall be provided on the
exposed sides of every building in order to provide access for the maintenance of
that building.
61.
Site and Subdivision Development, Engineering and Geo-Technical Analysis
Before a permit is issued for a development, including a subdivision, the Town shall
consider soil stability, risk of flooding and/or soil erosion, the adequacy of site
grading, drainage and landscaping, and, the potential of the development to cause
erosion onto and pollution of adjacent development and lands and bodies of water
receiving run-off from the site, and other similar matters before issuing a
development permit or an Approval in Principle.
In areas that are deemed to vulnerable due to soil instability, erosion and/or
potential flooding - particularly in the vicinity of the Upper Humber River, Rocky
Town of Reidville
Development Regulations 2009
PART II - GENERAL DEVELOPMENT STANDARDS
Page 26
Brook, Meadow Brook (Grassy Brook) and Trout Brook, the Town can require that
an engineering and/or a geo-technical analysis be carried out by a competent
professional before approvals and permits are granted, granted subject to
conditions, or refused.
62.
Site Development Quarry and Soil Removal
(1)
If, as part of another development, quarry material is to be removed and sold
or otherwise disposed of, then a separate quarry permit shall be issued once
development approval is granted by the Town. A copy of this permit must be
forwarded to the Department of Natural Resources, Mineral Lands Division.
(2)
A site development quarry under this Regulation is permitted wherever the
use that is quarry is associated with is permitted.
(3)
A quarry permit issued under this Regulation shall only be valid for the term
of the site development.
(4)
When the work is completed, the area affected shall be suitably landscaped
and drained in accordance with a plan approved by the Town.
(5)
If the site work is extensive, the Town may require the deposit of a surety in
the amount of $500.00 which shall be returned to the developer upon
satisfactory completion of the work.
63.
Solid Waste Disposal Site Buffer
No residential development shall be allowed within the Solid Waste Disposal Site
Buffer unless it has been approved by the Department of Environment and
Conservation and the Town.
64.
Street Construction Standards
A new street may not be constructed except in accordance with the design and
specifications laid down by the Town.
Town of Reidville
Development Regulations 2009
PART II - GENERAL DEVELOPMENT STANDARDS
Page 27
65.
Subsidiary Apartments
Subsidiary apartments can be permitted in single dwellings only, and for the
purposes of calculating lot area and yard requirements, shall be considered part of
the self-contained dwelling. Only one subsidiary apartment is permitted per dwelling.
66.
Subsidiary Dwelling
A subsidiary dwelling is permitted in the rear yard of a single dwelling in a building
separate from the single dwelling, subject to the following requirements:
a)
the subsidiary dwelling is located in the rear yard of the single dwelling;
b)
fire and other safety issues are properly addressed in the location, access
and design of the subsidiary dwelling, and this may entail the provision of a
completely unobstructed side yard wide enough to provide access for
emergencies which is greater than the minimum side yard for single
dwellings in this zone;
c)
unless it is only used as a separate sleeping quarters, the subsidiary dwelling
shall be connected to municipal water and sewer services or other suitable
water supply and waste disposal services approved by the Government
Service Centre of the Department of Government Services;
d)
the maximum floor area shall be 60 square metres;
e)
the minimum distance from the side and rear property boundaries is 3
metres;
f)
maximum height is 6 metres.
67.
Unsubdivided Land
Development is not permitted on unsubdivided land unless sufficient area is
reserved to satisfy the yard and other allowances called for in the Use Zone in
which it is located and the allowances shall be retained when the adjacent land is
developed.
68.
Viking Trail - Highway 430
(1)
Protected Road Zoning Plan
Development within 100 metres of the centre-line of the Viking Trail (Route
430) is subject to review by the Government Service Centre of the
Department of Government Services before a permit is issued by the Town.
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Development Regulations 2009
PART II - GENERAL DEVELOPMENT STANDARDS
Page 28
(2)
Building Near Highways Regulation - Viking Trail (Highway 430)
Highway 430 is subject to the Building Near Highways Regulations 1997. No
development shall be permitted within 20 metres of the centre-line of the
Viking Trail.
(3)
No additional access shall be permitted to the Viking Trail between the Upper
Humber River and Reidville Road. One access may be permitted to the
Viking Trail between Reidville Road and the Municipal Boundary to the north.
69.
Waterways and Wetlands
(1)
Along the Upper Humber River buildings shall not be located at any elevation
lower than 10 metres above sea level or elsewhere where there is deemed
to be a flood hazard, regardless of whether or not the property lies within the
minimum buffer along the Upper Humber or whether or not it lies within the
Environmental Protection zone.
(2)
Except where zoned Environmental Protection on the Land Use Zoning
Maps and except in respect of very minor waterways and drainage courses,
the minimum width of a buffer along a waterway or wetland shall be 15
metres - 30 metres along the Upper Humber River - from the highwater
mark, or 1 in 100 year flood zone, of the stream, river, pond or other body of
water or wetland.
(3)
If the toe of an embankment with an average slope of 30% or more lies
within 15 m - 30 metres for the Upper Humber River - of the highwater
mark, or 1 in 100 year flood zone of waterway, then the buffer shall be
measured from the top of the embankment.
(4)
The only uses that may be permitted in the buffer area of a waterway are
roads, driveways, public utilities, recreational open space and trails and uses
requiring direct access to a body of water, such as wharves and docks.
(5)
The Town or the Provincial Government may subject development within the
buffer area of a watercourse to an environmental review, and may approve,
approve subject to conditions, or refuse such development. The matter of
adequate and usable legal public access to the waterway shall be a
Town of Reidville
Development Regulations 2009
PART II - GENERAL DEVELOPMENT STANDARDS
Page 29
consideration in the review of an application for a structure within a buffer
and/or waterway.
(6)
Any development within a body of water or involving the alteration of a body
of water must be approved by or exempted by the following agencies:
-
Department of Environment and Conservation for Crown Lands and
referrals;
-
Coast Guard Canada of the Department of Fisheries and Oceans -
Navigable Waters Act;
-
Fish Habitat Division of the Department of Fisheries and Oceans;
-
Water Resources Division of the Department of Environment and
Conservation.
Development within a buffer is subject to the approval of the Water
Resources Management Division of the Department of Environment and
Conservation, Department of Fisheries and Oceans Canada and where
applicable, the Government Service Centre of the Department of
Government Services.
(7)
Where there is a conflict between Policy Directive W.R. 91-1 and the
provisions of the Municipal Plan, the more restrictive policies shall apply. A
copy of Policy Directive W.R. 91-1 is contained in Schedule F.
(8)
Wetlands can only be developed in such a way as to minimize damage and
impacts on the hydrology and environment of the area.
a)
The general provincial policy on wetlands is contained in Policy
Directive W.R. 97-2 - Development in Wetlands - of the Department
of Environment and Conservation. Where there is conflict between
the provisions of the Municipal Plan and the Policy Directive, the more
restrictive policy shall apply.
b)
Any development within a wetland or the buffer of a wetland shall
require the approval of the Minister of Environment and Conservation
as well as the Town whether or not that wetland is designated
Environmental Protection under the Municipal Plan.
c)
Infilling of very small ponds or freshets that do not appear on 1:50,000
scale Newfoundland topographic maps and where the land is better
Town of Reidville
Development Regulations 2009
PART II - GENERAL DEVELOPMENT STANDARDS
Page 30
utilized for agricultural or other purposes may be permitted subject to
Section 48 of the Water Resources Act and the approval of the
Minister of Environment and Conservation.
d)
Wetlands which are not subject to the Environmental Protection
designation are subject to Policy Directive 97-1 - Development in
Wetlands - of the Department of Environment and Conservation. This
Policy Directive is set out Schedule F.
70.
Wind Mills, Wind Turbines and Wind Farms, Other Energy Sources - Utilities
Wind mills, wind turbines, wind farms and other energy forms, including solar based
and small hydro generating facilities - "Utilities" in Schedule B - and associated
facilities and services are subject to the conditions set out below.
Utilities are subject to the approval of relevant provincial and federal departments
and agencies and public utilities, including the Mines and Energy Division of the
Department of Natural Resources, and Transport Canada and the Deer Lake Airport
Authority. The design and location of such utilities shall take into consideration their
impact on nearby land uses and persons, the environment and archaeological
resources within the Town, along with other matters that the Town may deem to be
significant. Wind mills utilities within the built-up areas are limited to single wind mills
or wind turbines designed to serve particular properties.
To prevent damage to persons and properties due to the failure of a windmill or any
of its components or the shedding of ice, the Town shall ensure that there is
adequate separation distance between the windmill and nearby structures and
properties.
Unless specifically exempted by the relevant agencies, the design, construction and
location of a utility shall be certified by a professional engineer who has consulted
with the required agencies.
Town of Reidville
Development Regulations 2009
PART III - SUBDIVISION OF LAND
Page 31
PART III - SUBDIVISION OF LAND
71.
Permit Required
No land in the Planning Area shall be subdivided into two or more lots unless a
permit for the development of the subdivision is first obtained from the Town.
72.
Services to be Provided
No permit shall be issued for the development of a subdivision unless provisions
satisfactory to the Town have been made in the application for a supply of drinking
water, a properly designed sewage disposal system, and a properly designed storm
drainage system.
73.
Payment of Service Levies and Other Charges
No permit shall be issued for the development of a subdivision until agreement has
been reached for the payment of all fees levied by the Town for connection to
services, utilities and streets deemed necessary for the proper development of the
subdivision, and all service levies and other charges imposed under these
Regulations.
74.
Issue of Permit Subject to Considerations
A permit shall not be issued when, in the opinion of the Town, the development of
a subdivision does not contribute to the orderly growth of the municipality and does
not demonstrate sound design principles. In considering an application, the Town
shall, without limiting the generality of the foregoing, consider:
a)
the location of the land;
b)
the availability of and the demand created for schools, services, and utilities;
c)
the provisions of the Plan and Regulations affecting the site;
d)
the land use, physical form and character of adjacent developments;
e)
the transportation network and traffic densities affecting the site;
f)
the relationship of the project to existing or potential sources of nuisance;
g)
soil and subsoil characteristics;
h)
the topography of the site and its drainage;
i)
natural features such as lakes, streams, topsoil, trees and shrubs;
j)
prevailing winds;
k)
visual quality;
Town of Reidville
Development Regulations 2009
PART III - SUBDIVISION OF LAND
Page 32
l)
community facilities;
m)
energy conservation;
n)
such other matters as may affect the proposed development.
75.
Engineering and Geo-Technical Analysis
In areas that are deemed to vulnerable due to soil instability, erosion and/or
potential flooding - particularly in the vicinity of the Upper Humber River, Rocky
Brook, Meadow Brook (Grassy Brook) and Trout Brook, the Town can require that
an engineering and/or a geo-technical analysis be carried out by a competent
professional before approvals and permits are granted, granted subject to
conditions, or refused for a subdivision ( see also Part II, Regulation 61).
76.
Building Permits Required
Notwithstanding the approval of a subdivision by the Town, a separate building
permit shall be obtained for each building proposed to be erected in the area of the
subdivision, and no building permit for any building in the area shall be issued until
the developer has complied with all the provisions of these Regulations with respect
to the development of the subdivision.
77.
Form of Application
Application for a permit to develop a subdivision shall be made to the Town.
78.
Subdivision Subject to Zoning
The subdivision of land shall be permitted only in conformity with the Use Zones
delineated on the Zoning Map.
79.
Building Lines
The Town may establish building lines for any subdivision street and require any
new building to be located on such building lines.
80.
Land for Public Open Space
(1)
Before a development commences, the developer shall, if required, dedicate
to the Town, at no cost to the Town, an area of land equivalent to not more
than 10% of the gross area of the subdivision for public open space,
provided that:
Town of Reidville
Development Regulations 2009
PART III - SUBDIVISION OF LAND
Page 33
a)
where land is subdivided for any purpose other than residential use,
the Town shall determine the percentage of land to be dedicated;
b)
if, in the opinion of the Town, no public open space is required, the
land may be used for such other public use as the Town may
determine;
c)
the location and suitability of any land dedicated under the provisions
of this Regulation shall be subject to the approval of the Town but in
any case, the Town shall not accept land which, in its opinion is
incapable of development for any purpose;
d)
the Town may accept from the developer in lieu of such area or areas
of land the payment of a sum of money equal to the value of the land
which would otherwise be required to be dedicated;
e)
money received by the Town in accordance with Regulation 80(1)(d)
above, shall be reserved by the Town for the purpose of the
acquisition or development of land for public open space or other
public purpose.
(2)
Land dedicated for public use in accordance with this Regulation shall be
conveyed to the Town and may be sold or leased by the Town for the
purposes of any development that conforms with the requirements of these
Regulations, and the proceeds of any sale or other disposition of land shall
be applied against the cost of acquisition or development of any other land
for the purposes of public open space or other public purposes.
(3)
The Town may require a strip of land to be reserved and remain
undeveloped along the banks of any river, brook or pond, and this land may,
at the discretion of the Town, constitute the requirement of land for public
use under Regulation 80(1).
81.
Structure in Street Reservation
The placing within any street reservation of any structure (for example, a hydro pole,
telegraph or telephone pole, fire hydrant, mail box, fire alarm, sign post) shall
receive the prior approval of the Town which shall be satisfied on the question of
safe construction and relationship to the adjoining buildings and other structures
within the street reservation.
Town of Reidville
Development Regulations 2009
PART III - SUBDIVISION OF LAND
Page 34
82.
Subdivision Design Standards
(1)
The standard for the design and construction of all work related to
Subdivision development shall be the Government of Newfoundland and
Labrador Municipal Water, Sewer, and Roads Specifications.
(2)
Except as otherwise provided under Schedule C no permit shall be issued
for the development of a subdivision under these Regulations unless the
design of the subdivision conforms to the standards below.
a)
The finished grade of streets shall not exceed 10 percent.
b)
Every cul de sac shall be provided with a turning circle of a diameter
of not less than 30 m.
c)
The maximum length of any cul de sac shall be 300 metres. Where
a road loops back to itself, such as in a P loop, the distance is
measured to the start of the loop. See also clause d).
d)
After review by the Town's Fire Chief, the length of a cul de sac may
be extended beyond 300 metres, provided that the Town is satisfied
that this will not create additional fire or other hazard risks or unduly
increase maintenance costs.
e)
No cul de sac shall be located so as to appear to terminate a collector
street.
f)
New subdivisions shall have street connections with an existing street
or streets.
g)
All street intersections shall be constructed within 5E of a right angle
and this alignment shall be maintained for 30 m from the intersection.
h)
No street intersection shall be closer than 60 m to any other street
intersection.
i)
No more than four streets shall join at any street intersection.
j)
Streets in residential subdivisions shall be conform to the following
minimum standards:
Town of Reidville
Development Regulations 2009
PART III - SUBDIVISION OF LAND
Page 35
i)
Arterial Street
-
Reservation (minimum)
30 metres
-
Pavement Width (minimum)
15 metres
-
Walkways
See clause k)
ii)
Collector Street
-
Reservation (minimum)
15 metres
-
Pavement Width (minimum)
9 metres
-
Walkways
See clause k)
iii)
Local Street
-
Reservation (minimum)
1 5 m e t r e s ( s e e
clause n))
-
Pavement Width (minimum)
7 metres
-
Walkways
See clause k).
k)
Walkways - clearly identified safe and adequate pedestrian and/or
bicycle access may be required along any or all roads.
l)
The Town may require any existing natural, historical or architectural
feature or part thereof to be retained when a subdivision is developed.
m)
Land shall not be subdivided in such a manner as to prejudice the
development of adjoining land.
n)
Where there is potential for additional development, a road reserve
of 15 metres, and a reserve of 15 metres shall be provided along the
entire length of a cul de sac.
83.
Engineer to Design Works and Certify Construction Layout
(1)
Plans and specifications for all water mains, hydrants, sanitary sewers, storm
sewers and all appurtenances thereto and all streets, paving, curbs, gutters
and catch basins and all other utilities deemed necessary by the Town to
service the area proposed to be developed or subdivided shall be designed
and prepared by or approved by the Engineer. Such designs and
specifications shall, upon approval by the Town, be incorporated in the plan
of subdivision.
(2)
Upon approval by the Town of the proposed subdivision, the Engineer shall
certify all work of construction layout preliminary to the construction of the
Town of Reidville
Development Regulations 2009
PART III - SUBDIVISION OF LAND
Page 36
works and thereupon the developer shall proceed to the construction and
installation, at his own cost and in accordance with the approved designs
and specifications and the construction layout certified by the Engineer, of
all such water mains, hydrants, sanitary sewers and all appurtenances and
of all such streets and other works deemed necessary by the Town to
service the said area.
84.
Developer to Pay Engineer's Fees and Charges
The developer shall pay to the Town all the Engineer's fees and charges for the
preparation of designs and specifications and for the layout and supervision of
construction; such fees and charges being percentages of the total cost of materials
and labour for the construction and installation of all works calculated in accordance
with the Schedule of Fees recommended by the Association of Professional
Engineers and Geoscientists of Newfoundland and Labrador and in effect at the
time the work is carried out.
85.
Street Works May Be Deferred
The construction and installation of all curbs and gutters, catch basins, sidewalks
and paving specified by the Town as being necessary, may, at the Town's
discretion, be deferred until a later stage of the work on the development of the
subdivision but the developer shall deposit with the Town before approval of his
application, an amount estimated by the Engineer as reasonably sufficient to cover
the cost of construction and installation of the works. In the later stage of the work
of development, the Town shall call for tenders for the work of construction and
installation of the works, and the amount so deposited by the developer shall be
applied towards payment of the contract cost. If the contract cost exceeds the
deposit, the developer shall pay to the Town the amount of the excess. If the
contract price is less than the deposit, the Town shall refund the amount by which
the deposit exceeds the contract price. Any amount so deposited with the Town by
the developer shall be placed in a separate savings account in a bank and all
interest earned thereon shall be credited to the developer.
86.
Transfer of Streets and Utilities to Town
(1)
The developer shall, following the approval of the subdivision of land and
upon request of the Town, transfer to the Town, at no cost to the Town, and
clear of all liens and encumbrances:
Town of Reidville
Development Regulations 2009
PART III - SUBDIVISION OF LAND
Page 37
a)
all lands in the area proposed to be developed or subdivided which
are approved and designated by the Town for public uses as streets,
or other rights-of-way, or for other public use;
b)
all services or public works including streets, water supply and
distribution and sanitary an storm drainage systems installed in the
subdivision that are normally owned and operated by the Town.
(2)
Before the Town shall accept the transfer of lands, services or public works
of any subdivision, the Engineer shall, at the cost to the developer, test the
streets, services and public works installed in the subdivision and certify his
satisfaction with their installation.
(3)
The Town shall not provide maintenance for any street, service or public
work in any subdivision until such time as such street, service or public work
has been transferred to and accepted by the Town.
87.
Restriction on Sale of Lots
The developer shall not develop or dispose of any lot within a subdivision for the
purposes of development and no building permit shall be issued until the Town is
satisfied that:
a)
the lot can be served with satisfactory water supply and sewage disposal
systems; and,
b)
satisfactory access to a street is provided for the lots.
88.
Grouping of Buildings and Landscaping
(1)
Each plan of subdivision shall make provision for the grouping of building
types and for landscaping in order to enhance the visual aspects of the
completed development and to make the most use of existing topography
and vegetation.
(2)
Building groupings, once approved by the Town, shall not be changed
without written application to and subsequent approval of the Town.
Town of Reidville
Development Regulations 2009
PART III - SUBDIVISION OF LAND
Page 38
89.
Subdivision Policies and Subdivision Agreement
Subdivision Policies
The Town can adopt a policy for subdivisions to further implement the Town's
subdivision regulations. The subdivision policy will apply to the subdivision and
development of land requiring the extension or construction of roads and/or the
extension of municipal services.
Subdivision Agreement
A subdivision agreement shall be entered into between the Town and the Developer
as a pre-condition to obtaining an approval.
Town of Reidville
Development Regulations 2009
PART IV - USE ZONES
Page 39
PART IV - USE ZONES
90.
Use Zones
(1)
For the purpose of these Regulations, the Planning Area is divided into Use
Zones which are shown on the Zoning Map attached to and forming part of
these Regulations.
(2)
Subject to Regulation 89(3), the permitted use classes, discretionary use
classes, standards, requirements and conditions applicable to each Use
Zone are set out in the Use Zone Tables in Schedule C of these Regulations.
(3)
Where standards, requirements and conditions applicable in a Use Zone are
not set out in the Use Zone Tables in Schedule C, the Town may in its
discretion, determine the standards, requirements and conditions which shall
apply.
91.
Use Classes
The specific uses to be included in each Use Class set out in the Use Zone Tables
in Schedule C shall be determined by the Town in accordance with the classification
and examples set out in Schedule B.
92.
Permitted Uses
Subject to these Regulations, the uses that fall within the Permitted Use Classes set
out in the appropriate Use Zone Table in Schedule C shall be permitted by the
Town in that Use Zone.
93.
Discretionary Uses
Subject to these Regulations, the uses that fall within the Discretionary Use Classes
set out in the appropriate Use Zone Table in Schedule C may be permitted in that
Use Zone if the Town is satisfied that the development would not be contrary to the
general intent and purpose of these Regulations, the Municipal Plan, or any further
scheme or plan or regulation pursuant thereto, and to the public interest, and if the
Town has given notice of the application in accordance with Regulation 23 and has
considered any objections or representations which may have been received on the
matter.
Town of Reidville
Development Regulations 2009
PART IV - USE ZONES
Page 40
94.
Uses Not Permitted - Prohibited Uses
Uses that do not fall within the Permitted Use Classes or Discretionary Use Classes
set out in the appropriate Use Zone Tables in Schedule C, shall not be permitted
in that Use Zone and are deemed to be prohibited uses.
Town of Reidville
Development Regulations 2009
SCHEDULE A - DEFINITIONS
Page 41
SCHEDULE A
DEFINITIONS
GENERAL NOTE:
A definition marked with an asterix is also included in the Urban and Rural Planning
Act and/or in the Ministerial Development Regulations. Where there is a conflict, the
Act or Ministerial Development Regulations prevail.
ACCESS* means a way used or intended to be used by vehicles, pedestrians or animals
in order to go from a street to adjacent or nearby land or to go from that land to the street.
ACCESSORY BUILDING* includes:
(i)
a detached subordinate building not used as a dwelling, located on the same lot as
the main building to which it is an accessory which has a use that is customarily
incidental or complementary to the main use of the building or land,
(ii)
for the case of residential uses, domestic garages, carports, ramps, sheds,
swimming pools, greenhouses, cold frames, fuel sheds, vegetables storage cellars,
shelters for domestic pets, or radio and television antennae,
(iii)
for commercial uses, workshops or garages, and
(iv)
in the case of industrial uses, garages, offices, raised ramps and docks.
ACCESSORY USE* means the use that is subsidiary to a permitted or discretionary use
and that is customarily expected to occur with the permitted or discretionary use.
ACT*, unless the context indicates otherwise, means the Urban and Rural Planning Act
2000.
ADVERTISEMENT means any word, letter, model, sign, placard, board, notice, device or
representation, whether illuminated or not, in the nature of and employed wholly or in part
for the purposes of advertisement, announcement or direction; excluding such things
employed wholly as a memorial, or functional advertisement of Councils, or other local
authorities, public utilities and public transport undertakers, and including any boarding or
similar structure used or adapted for use for the display of advertisements.
AGRICULTURE means horticulture, fruit growing, grain growing, seed growing, dairy
farming, the breeding or rearing of livestock, including any creature kept for the production
of food, wool, skins, or fur, or for the purpose of its use in the farming of land, the use of
Town of Reidville
Development Regulations 2009
SCHEDULE A - DEFINITIONS
Page 42
land as grazing land, meadow land, osier land, market gardens and nursery grounds and
the use of land for woodlands where that use is ancillary to the farming of land for any
other purpose. "Agricultural" shall be construed accordingly.
AMUSEMENT USE means the use of land or buildings equipped for the playing of
electronic, mechanical, or other games and amusements including electronic games,
pinball games and slot machine arcades and billiard and pool halls.
ANIMAL UNIT means any one of the following animals or groups of animals:
1 bull;
1000 broiler chickens or roosters (1.8 - 2.3 kg each);
1 cow (including calf);
100 female mink (including associated males and kits);
4 goats;
X hogs (based on 453.6 kg = 1 unit);
1 horse (including foal);
125 laying hens;
4 sheep (including lambs);
1 sow or breed sow (including weaners and growers based on 453.6 kg = 1 unit);
X turkeys, ducks, geese (based on 2,268 kg = 1 unit).
APARTMENT BUILDING means a building containing three or more dwelling units, but
does not include a row dwelling.
APPEAL BOARD means the appropriate Appeal Board established under the Act.
APPLICANT* means a person who has applied to an authority for an approval or permit
to carry out a development.
ARTERIAL STREET means the streets in the Planning Area constituting the main traffic
arteries of the area and defined as arterial streets or highways in the Municipal Plan or on
the Zoning Map.
AUTHORITY* means a council, authorized administrator or regional authority.
BED AND BREAKFAST means an owner-occupied or owner-managed establishment for
paid temporary accommodation for up to sixteen (16) overnight guests that may include
a dining room for the use of overnight guests and their invitees. The establishment must
be registered with and receive a rating from Canada Select and also must be approved by
the Provincial Department of Tourism, Culture and Recreation as a Bed and Breakfast
operation.
Town of Reidville
Development Regulations 2009
SCHEDULE A - DEFINITIONS
Page 43
BOARDING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
BUILDING* means
(i)
a structure, erection, alteration or improvement placed on, over or under land
or attached, anchored or moored to land,
(ii)
mobile structures, vehicles and marine vessels adapted or constructed for
residential, commercial, industrial and other similar uses,
(iii)
a part of and fixtures on buildings referred to in subparagraphs (i) and (ii),
and
(iv)
an excavation of land whether or not that excavation is associated with the
intended or actual construction of a building or thing referred to in
subparagraphs (i) to (ii).
BUILDING HEIGHT* means the vertical distance, measured in metres, from the
established grade to:
(i)
the highest point of the roof surface of a flat roof,
(ii)
the deck line of a mansard roof, and
(iii)
the mean height level between eave and ridge of a gable, hip or gambrel
roof,
and in any case, a building height shall not include mechanical structure,
smokestacks, steeples and purely ornamental structures above a roof.
BUILDING LINE* means a line established by an authority that runs parallel to a street line
and is set at the closest point to a street that building may be placed.
CAMPGROUND means the use of land for the accommodation of travel trailers,
recreational vehicles, and/or tents.
COLLECTOR STREET means a street that is designed to link local streets with arterial
streets and which is designated as a collector street in the Municipal Plan, or on the Zoning
Map.
DAYCARE CENTRE or DAY NURSERY means a building or part of a building in which
services and activities are regularly provided to children of pre-school age during the full
daytime period as defined under the Day Nurseries Act, but does not include a school as
defined by the Schools Act.
Town of Reidville
Development Regulations 2009
SCHEDULE A - DEFINITIONS
Page 44
DEVELOPMENT* means the carrying out of any building, engineering, mining or other
operations in, on, over, or under land, or the making of any material change in the use, or
the intensity of use of any land, buildings, or premise and without limiting the generality of
the foregoing, shall specifically include:
(i)
the making of an access onto a highway, road or way;
(ii)
the erection of an advertisement or sign;
(iii)
the parking of a trailer, or vehicle of any description used for the sale of
refreshments or merchandise, or as an office, or for living accommodation,
for any period of time;
and shall exclude:
(iv)
the carrying out of works for the maintenance, improvement or other
alteration or any building, being works which affect only the interior of the
building or which do not materially affect the external appearance or use of
the building;
(v)
the carrying out by a highway authority of any works required for the
maintenance or improvement of a road, being works carried out on land
within the boundaries of the road reservation;
(vi)
the carrying out by any local authority or statutory undertakers of any works
for the purpose of inspecting, repairing or renewing any sewers, mains,
pipes, cables or other apparatus, including the breaking open of any street
or other land for that purpose;
(vii)
the use of any building or land within the courtyard of a dwelling house for
any purpose incidental to the enjoyment of the dwelling house as such.
DEVELOPMENT REGULATIONS* means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
DIRECTOR means the Director of Urban and Rural Planning.
DISCRETIONARY USE* means a use that is listed within the discretionary use classes
established in the use zone tables of an authority's development regulations.
DOUBLE DWELLING means a building containing two dwelling units, placed one above
the other, or side by side, but does not include a self-contained dwelling containing a
subsidiary apartment.
DWELLING UNIT means a self-contained unit consisting of one or more habitable rooms
used or designed as the living quarters for one household.
Town of Reidville
Development Regulations 2009
SCHEDULE A - DEFINITIONS
Page 45
ENGINEER means a professional engineer employed or retained by the Town.
ESTABLISHED GRADE* means,
(i)
where used in reference to a building, the average elevation of the finished surface
of the ground where it meets the exterior or the front of that building exclusive of any
artificial embankment or entrenchment, or
(ii)
where used in reference to a structure that is not a building, the average elevation
of the finished grade of the ground immediately surrounding the structure exclusive
of any artificial embankment or entrenchment.
FAMILY AND GROUP CARE CENTRE means a dwelling accommodating up to but no
more than six (6) persons exclusive of staff in a home-like setting. Subject to the size
limitation, this definition includes, but is not limited to, the facilities called "Group Homes",
"Halfway House", and "Foster Home".
FLOOR AREA* means the total area of all floors in a building measured to the outside face
of exterior walls.
FRONTAGE* means the horizontal distance between side lot lines measured at the
building line.
FRONT YARD DEPTH means the distance between the front lot line of a lot and the front
wall of the main building on the lot.
GARAGE means a building erected for the storage of motor vehicles as an ancillary use
to a main building on the lot.
GENERAL INDUSTRY means the use of land or buildings for the purpose of storing,
assembling, altering, repairing, manufacturing, fabricating, packing, canning, preparing,
breaking up, demolishing, or treating any article, commodity or substance. "Industry" shall
be construed accordingly.
GENERAL GARAGE means land or buildings used exclusively for repair, maintenance and
storage of motor vehicles and may include the sale of gasoline or diesel oil.
HAZARDOUS INDUSTRY means the use of land or buildings for industrial purposes
involving the use of materials or processes which because of their inherent characteristics,
constitute a special fire, explosion, radiation or other hazard.
Town of Reidville
Development Regulations 2009
SCHEDULE A - DEFINITIONS
Page 46
HOME BUSINESS means a secondary use of a dwelling and/or its accessory building by
at least one of the residents of the dwelling to conduct a gainful occupation or business
activity.
INSPECTOR means any person appointed and engaged as an Inspector by the Town or
by any federal or provincial authority or the agent thereof.
INSTITUTION means a building or part thereof occupied or used by persons who:
a)
are involuntarily detained, or detained for penal or correctional purposes, or
whose liberty is restricted, or;
b)
require special care or treatment because of age, mental or physical
limitations or medical conditions.
LAND* includes land covered by water, and buildings and structures on, over, or under the
soil and fixtures that form part of these buildings and structures.
LIGHT INDUSTRY means the use of any land or buildings for any general industrial use
that can be carried out without hazard or intrusion and without detriment to the amenity of
the surrounding area by reason of noise, vibration, smell, fumes, smoke, grit, soot, ash,
dust, glare or appearance.
LOCAL STREET means a street designed primarily to provide access to adjoining land
and which is not designated as a collector street or arterial street in the Municipal Plan, or
on the Zoning Map.
LODGING HOUSE means a dwelling in which at least 2 rooms are regularly rented to
persons other than the immediate family of the owner or tenant.
LOT* means a plot, tract or parcel of land which can be considered as a unit of land for
a particular use or building.
LOT AREA* means the total horizontal area within the lines of the lot.
LOT COVERAGE* means the combined area of all buildings on the lot measured at the
level of the lowest floor above the established grade and expressed as a percentage of the
total area of the lot.
MARINA means a dock or basin together with associated facilities where slips, moorings,
supplies, repairs, and other services that are typically available for boats and other
Town of Reidville
Development Regulations 2009
SCHEDULE A - DEFINITIONS
Page 47
watercraft, including storage, sales and rentals, with or without a club house and catering
facilities. It can also include a fishing stage or shed associated with a dock or wharf.
MINERAL EXPLORATION means the activity of searching for minerals or mineral
occurrences, including oil exploration, wherein, for the purposes of these Regulations it
takes the form of development - that is visible and appreciable disturbance to soil.
MINERAL WORKING means land or buildings used for the working or extraction of
construction aggregates.
MINING means land or buildings used for the extraction of ores, salts, oil and/or natural
gas.
MOBILE HOME means a transportable factory-built single family dwelling unit:
a)
which complies with space standards substantially equal to those laid down
in the Canadian Code for Residential Construction and is in accordance with
the construction standards laid down and all other applicable Provincial and
Municipal Codes and;
b)
which is designed to be:
(i)
transported on its own wheels and chassis to a mobile home lot, and
subsequently supported on its own wheels, jacks, posts or piers, or on
a permanent foundation and;
(ii)
connected to exterior public utilities approved by the Town, namely,
piped water, piped sewer, electricity and telephone, in order for such
mobile home unit to be suitable for year round term occupancy.
MOBILE HOME PARK means a mobile home development under single or joint
ownership, cared for and controlled by a mobile home park operator where individual
mobile home lots are rented or leased with or without mobile home units placed on them
and where ownership and responsibility for the maintenance and development of site
facilities including underground services, access roads, communal areas, snowclearing and
garbage collection, or any of them, are the responsibility of the mobile home park
management, and where the mobile home development is classified as a mobile home
park by the Town.
MOBILE HOME SUBDIVISION means a mobile home development requiring the
subdivision of land whether in single or joint ownership into two or more pieces or parcels
of land for the purpose of locating thereon mobile home units under either freehold or
Town of Reidville
Development Regulations 2009
SCHEDULE A - DEFINITIONS
Page 48
leasehold tenure and where the maintenance of streets and services is the responsibility
of a municipality or public authority, and where the mobile home development is classified
as a mobile home subdivision by the Town.
NON-CONFORMING USE* means a legally existing use that is not listed as a permitted
or discretionary use for the use zone in which it is located or which does not meet the
development standards for that use zone.
OWNER* means a person or an organization of persons owning or having the legal right
to use the land under consideration.
PERMITTED USE* means a use that is listed within the permitted use classes set out in
the use zone tables of an authority's development regulations.
PIT AND QUARRY WORKING carries the same meaning as Mineral Working.
PROHIBITED USE* means a use that is not listed within the permitted use classes set out
in the use zone tables of an authority's development regulations.
REAR YARD DEPTH* means the distance between the rear lot line and the rear wall of
the main building on the lot.
RESTAURANT means a building or part thereof, designed or intended to be used or
occupied for the purpose of serving the general public with meals or refreshments for
consumption on the premises.
ROW DWELLING means a dwelling containing three or more dwelling units at ground level
in one building, each unit separated vertically from the others.
SEASONAL RESIDENCE means a dwelling which is designed or intended for seasonal
or recreational use, and is not intended for use as permanent living quarters.
SERVICE STATION means any land or building used exclusively for the sale of petroleum
products, automotive parts and accessories, minor repairs, washing and polishing of motor
vehicles.
SERVICE STREET means a street constructed parallel to or close to another street for the
purpose of limiting direct access to that street.
SHOP means a building or part thereof used for retail trade wherein the primary purpose
is the selling or offering for sale of goods, wares or merchandise by retail or the selling or
Town of Reidville
Development Regulations 2009
SCHEDULE A - DEFINITIONS
Page 49
offering for sale of retail services but does not include an establishment wherein the
primary purpose is the serving of meals or refreshments, an amusement use, a general
garage, or a service station.
SHOPPING CENTRE means a group of shops and complementary uses with integrated
parking and which is planned, developed and designed as a unit containing a minimum of
5 retail establishments.
SHOWROOM means a building or part of a building in which samples or patterns are
displayed and in which orders may be taken for goods, wares or merchandise, including
vehicles and equipment, for later delivery.
SIDEYARD DEPTH* means the distance between the side lot line and the nearest side
wall of a building on the lot.
SIGN* means a word, letter, model, placard, board, device or representation whether
illuminated or not, in the nature of or employed wholly or in part for the purpose of
advertisement, announcement or direction and excludes those things employed wholly as
a memorial, advertisements of local government, utilities and boarding or similar structures
used for the display of advertisements.
STREET* means a street, road or highway or other way designed for the passage of
vehicles and pedestrians and which is accessible by fire department and other emergency
vehicles.
STREET LINE* means the edge of a street reservation as defined by the authority having
jurisdiction.
SUBDIVISION* means the dividing of any land, whether in single or joint ownership, into
two or more pieces for the purpose of development.
SUBSIDIARY APARTMENT means a separate dwelling unit constructed within and
subsidiary to a self-contained dwelling.
TAKE-OUT FOOD SERVICE means a building in which the primary purpose is the
preparation and sale of meals or refreshments for consumption off the premises.
TAVERN: includes a nightclub and means a building licensed or licensable under the
Liquor Control Act wherein meals and food may be served for consumption on the
premises and in which entertainment may be provided.
Town of Reidville
Development Regulations 2009
SCHEDULE A - DEFINITIONS
Page 50
USE* means a building or activity situated on a lot or a development permitted on a lot.
USE ZONE or ZONE* means an area of land including buildings and water designated on
the Zoning Map to which the uses, standards and conditions of a particular use zone table
in Schedule C of the Regulations relate.
VARIANCE* means a departure, to a maximum of 10% from the yard area, lot coverage,
setback, size, height, frontage or any other numeric requirement of the applicable Use
Zone Table of the authority's regulations.
WETLAND means an area which is saturated by surface or ground water sufficient to
support, and which under normal circumstances supports a prevalence of vegetation
typically adapted for life in the saturated soil conditions, and includes swamps, marshes,
bogs, fens and similar areas.
ZONING MAP* means the map or maps attached to and forming part of the Regulations.
Town of Reidville
Development Regulations 2009
SCHEDULE B - CLASSIFICATION OF USES
Page 51
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Theatre
Motion Picture Theatres
T.V. Studios admitting an
audience.
ASSEMBLY USES
Cultural and Civic
Libraries, Museums, Art
Galleries, Court Rooms,
Meeting Rooms, Council
Chambers
ASSEMBLY USES
Protection
Police and Fire Stations
ASSEMBLY USES
General Assembly
Community Halls, Lodge
Halls, Dance Halls,
Gymnasia, Auditoria,
Bowling Alleys
ASSEMBLY USES
Educational
Schools, Colleges (non-
residential)
ASSEMBLY USES
Place of Worship
Churches and similar places
of worship, Church Halls
ASSEMBLY USES
Passenger Assembly
Passenger Terminals
ASSEMBLY USES
Club and Lodge
Private Clubs and Lodges
(non-residential)
ASSEMBLY USES
Catering
Restaurants, Bars, Lounges
ASSEMBLY USES
Funeral Home
Funeral Homes and Chapels
ASSEMBLY USES
Child Care
Day Care Centres
ASSEMBLY USES
Amusement
Electronic Games Arcades,
Pinball Parlours, Poolrooms
ASSEMBLY USES
Indoor Assembly
Arenas, Armouries, Ice
Rinks, Indoor Swimming
Pools
Town of Reidville
Development Regulations 2009
SCHEDULE B - CLASSIFICATION OF USES
Page 52
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
ASSEMBLY USES
Outdoor Assembly
Bleachers, Grandstands,
Outdoor Ice Rinks and
Swimming Pools,
Amusement Parks and Fair-
grounds, Exhibition
Grounds, Drive-in Theatres
ASSEMBLY USES
Campground
Campgrounds, Recreational
Vehicle and Travel Trailer
Campgrounds
INSTITUTIONAL
USES
Penal and Correctional
Detention
Jails, Penitentiaries, Police
Stations (with detention
quarters), Prisons,
Psychiatric, Hospitals (with
detention quarters),
Reformatories
INSTITUTIONAL
USES
Medical Treatment and Special
Care
Children's Homes,
Convalescent Homes
Homes for Aged, Hospitals,
Infirmaries
RESIDENTIAL
USES
Single Dwelling
Single Detached Dwellings,
Family & Group Homes
RESIDENTIAL
USES
Double Dwelling
Semi-detached Dwelling,
Duplex Dwellings, Family &
Group Homes
RESIDENTIAL
USES
Row Dwelling
Row Houses, Town Houses,
Family & Group Homes
RESIDENTIAL
USES
Apartment Building
Apartments, Family & Group
Homes
Town of Reidville
Development Regulations 2009
SCHEDULE B - CLASSIFICATION OF USES
Page 53
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLE
RESIDENTIAL
USES
Collective Residential
Residential Colleges &
Schools, University &
College Halls of Residence,
Convents & Monasteries,
Nurses and Hospital
Residences
RESIDENTIAL
USES
Boarding House Residential
and/or Bed and Breakfast
Boarding Houses, Lodging
Houses, Bed and Breakfast
RESIDENTIAL
USES
Commercial Residential
Hotels & Motels, Hostels,
Residential Clubs
RESIDENTIAL
USES
Seasonal Residential
Summer Homes & Cabins,
Hunting & Fishing Cabins
RESIDENTIAL
USES
Mobile Homes
Mobile Homes
BUSINESS &
PERSONAL
SERVICE USES
Office
Offices (including
Government Offices), Banks
BUSINESS &
PERSONAL
SERVICE USES
Medical and Professional
Medical Offices and
Consulting Rooms,
Dental Offices & Surgeries,
Legal Offices & Similar
Professional Offices
BUSINESS &
PERSONAL
SERVICE USES
Personal Service
Barbers, Hairdressers,
Beauty Parlours, Small
Appliance Repairs
BUSINESS &
PERSONAL
SERVICE USES
General Service
Self-service Laundries, Dry
Cleaners (not using
flammable or explosive
substances), Small Tool and
Appliance Rentals, Travel
Agents
Town of Reidville
Development Regulations 2009
SCHEDULE B - CLASSIFICATION OF USES
Page 54
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
BUSINESS &
PERSONAL
SERVICE USES
Communications
Radio Stations, Telephone
Exchanges
BUSINESS &
PERSONAL
SERVICE USES
Police Station
Police Stations without
detention quarters
BUSINESS &
PERSONAL
SERVICE USES
Taxi Stand
Taxi Stands
BUSINESS &
PERSONAL
SERVICE USES
Take-out Food Service
Take-out Food Service
BUSINESS &
PERSONAL
SERVICE USES
Veterinary
Veterinary Surgeries
MERCANTILE
USES
Shopping Centre
Shopping Centres
MERCANTILE
USES
Shop
Retail Shops and Stores and
Showrooms, Department
Stores
MERCANTILE
USES
Indoor Market
Market Halls, Auction Halls
MERCANTILE
USES
Outdoor Market
Market Grounds, Animal
Markets, Produce and Fruit
Stands, Fish Stalls
MERCANTILE
USES
Convenience Store
Confectionary Stores,
Corner Stores, Gift Shops,
Specialty Shops
Town of Reidville
Development Regulations 2009
SCHEDULE B - CLASSIFICATION OF USES
Page 55
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
INDUSTRIAL
USES
Hazardous Industry
Bulk Storage of hazardous
liquids and substances,
Chemical Plants, Distilleries
Feed Mills, & Lacquer,
Mattress, Paint, Varnish,
and Rubber Factories, Spray
Painting
INDUSTRIAL
USES
General Industry
Factories, Cold Storage
Plants, Freight Depots
General Garages,
Warehouses, Workshops,
Laboratories, Laundries,
Planing Mills, Printing
Plants, Contractors' Yards
INDUSTRIAL
USES
Service Station
Gasoline Service Stations,
Gas Bars
INDUSTRIAL
USES
Light Industry
Light Industry, Parking
Garages, Indoor Storage,
Warehouses, Workshops
NON-BUILDING
USES
Agriculture
Commercial Farms, Hobby
Farms, Market Gardens &
Nurseries
NON-BUILDING
USES
Forestry
Tree Nurseries, Silviculture
NON-BUILDING
USES
Mineral Exploration
Mineral Exploration
NON-BUILDING
USES
Mineral Working
Quarries, Pits
NON-BUILDING
USES
Mining
Mining, Oil Wells
Town of Reidville
Development Regulations 2009
SCHEDULE B - CLASSIFICATION OF USES
Page 56
SCHEDULE B
CLASSIFICATION OF USES OF LAND AND BUILDINGS
GROUP
CLASS
EXAMPLES
NON-BUILDING
USES
Recreational Open Space
Playing Fields, Sports
Grounds, Parks,
Playgrounds, Recreational
Trails
NON-BUILDING
USES
Conservation
Watersheds, Buffer Strips,
Flood Plains, Architectural,
Historical and Scenic Sites,
Steep Slopes, Wildlife
Sanctuaries
NON-BUILDING
USES
Cemetery
Cemeteries, Graveyards
NON-BUILDING
USES
Scrap Yard
Car Wrecking Yards, Junk
Yards, Scrap Dealers
NON-BUILDING
USES
Solid Waste
Solid Waste Disposal,
Sanitary Land Fill
Incinerators
NON-BUILDING
USES
Animal
Animal Pounds, Kennels,
Zoos
NON-BUILDING
USES
Antenna
TV, Radio and
Communications
Transmitting and Receiving
Masts and Antennae
NON-BUILDING
Utilities
Wind Mills, Wind Turbines,
Wind Farms, Solar,& similar
power generation facilities
NON-BUILDING
USES
Transportation
Airfields, Docks and
Harbours
NON-BUILDING
USES
Marina
Marina, Yacht Club, Boating
Club, Boat House, Fishing
Stage
Town of Reidville
Development Regulations 2009
SCHEDULE C
Page 57
SCHEDULE C
USE ZONE TABLES
NOTE:
This schedule contains tables showing the use classes which may be
permitted or which may be treated as discretionary use classes for the pur-
pose of these Regulations. The tables also indicate the required standards
of development and may also include conditions affecting some or all of the
use classes.
The schedule contains tables for the following Use Zones:
Mixed Development (MD)
Agriculture (A)
Commercial Tourism (CT)
Environmental Protection (EP)
Town of Reidville
Development Regulations 2009
SCHEDULE C - MD ZONE
Page 58
USE ZONE TABLE
MIXED DEVELOPMENT (MD) ZONE
ZONE TITLE
MIXED DEVELOPMENT (MD)
(Reidville)
PERMITTED USE CLASSES - (see Regulation 92)
Conservation, Public Utilities, Recreational Open Space and Trails, Single Dwelling,
Subsidiary Apartment and Subsidiary Dwelling.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 93)
Agriculture, Animal, Antenna, Bed and Breakfast, Business and Personal Service Uses
Group, Campground, Catering, Cemetery, Child Care, Clubs and Lodges, Commercial
- Residential, Cultural and Civic, Double Dwelling, Family and Group Care Centre, Fire
Station, General Assembly, General Industry, Indoor Market, Light Industry, Mineral
Exploration, Mobile Home, Outdoor Market, Place of Worship, Police Station, Shop and
Utilities.
CONDITIONS FOR THE MIXED DEVELOPMENT ZONE
1.
General
(1)
Including the other conditions set out for this zone, Regulations 1 to 6 and
Parts I, II, III, IV and Schedules A, B, D and E must be followed when before
issuing a permit for development and/or subdivision.
(2)
All development on unserviced (no municipal services) and semi-serviced
(municipal water or municipal sewer) lots shall be approved by the
Department of Government Services before a permit is issued by the Town.
2.
General Development Standards - Unserviced and Semi-Serviced
Development, Infilling Variances, Other Development Standards
(1)
Unserviced Development
Where the development lacks municipal water and sewer services
(unserviced) the minimum lot size is as determined by the Department of
Government Services or 1860 m per dwelling unit, whichever is greater.
2
Town of Reidville
Development Regulations 2009
SCHEDULE C - MD ZONE
Page 59
The minimum lot frontage shall be as determined by the Department of
Government of Services or 30 metres minimum, whichever is greater.
(2)
Semi-serviced Development:
For semi-serviced building lots (lots where water or sewage disposal services
will be provided off-site), a minimum lot size of 1,400 m is required per
2
dwelling unit. A minimum frontage of 23 metres is required throughout the
entire area in which the absorption field (distribution box to end of absorption
trenches) is to be installed. The area must be sufficient to accommodate the
septic system while maintaining separation distances and have sufficient
space for the installation of a replacement system.
(3)
Infilling Variance
Where unserviced or semi-serviced land is surrounded by development
which prohibits expansion and where approval cannot be awarded because
the proposed lot size does not comply with the minimum lot size and width
requirements, the requirements to literal conformity may be varied if:
a)
the variance amounts to no more than a twenty percent (20%)
reduction in the requirements;
b)
the variance is not contrary to the general intent and purpose of the
policy and procedure as set out in the Private Sewage Disposal and
Water Supply Standards - Department of Government Services;
c)
the application of the variance would not interfere with the
maintenance of required distance separations and sewage system
dimensions;
d)
the application of the variance would not undermine the quality of
adjacent property or pose a hazard to human health;
e)
the application of the variance is related to the specific property and
is not general to land within the area;
f)
the particular practical difficulties for the owner or developer are
distinguishable from a mere inconvenience or desire to acquire
monetary gain.
Town of Reidville
Development Regulations 2009
SCHEDULE C - MD ZONE
Page 60
(4)
Building Line Setback (minimum)
8 m
(5)
Sideyard (minimum)
2 m
(6)
Rearyard (minimum)
10 m
(7)
Lot Coverage All Buildings (maximum)
33%
(8)
Height (maximum)
10 m
3.
General Development Standards - Discretionary Uses
(1)
See Regulation 44.
(2)
Discretionary uses shall conform to the requirements specified for a
permitted use.
4.
Accessory Buildings
(1)
Accessory buildings shall be clearly incidental and complementary to the use
of the main buildings in character, use and size, and shall be contained on
the same lot, and, with the exception of greenhouses and swimming pools,
accessory buildings shall be similar in appearance to the main building in
terms of design, colour and materials.
(2)
No accessory building or part thereof shall project in front of any building line.
(3)
Excluding cold frames, decks, gazebos, greenhouses, swimming pools and
temporary repair shelters, not more than two accessory buildings shall be
erected upon a lot.
(4)
Exclusive of cold frames, decks, gazebos, greenhouses, swimming pools
and temporary repair shelters , accessory buildings shall have a lot coverage
of no greater than 7%.
(5)
The height of the exterior wall as measured from the established grade to the
eave shall not exceed 2.4 metres.
(6)
The height of the accessory building shall not exceed 5 metres.
(7)
Accessory buildings shall not be closer than 1.8 metres to the side lot line
and 1.8 metres to the rear lot line.
Town of Reidville
Development Regulations 2009
SCHEDULE C - MD ZONE
Page 61
(8)
Accessory buildings can be used for accessory uses.
(9)
Accessory buildings shall not be erected upon or placed upon any
easements.
(10)
Communications antennae and towers shall have a maximum height of 15
metres.
5.
Agricultural Uses
(1)
The maximum allowable number of livestock units permitted in this zone is
four.
(2)
The agricultural use shall be such as to occur without detriment to the use
and enjoyment of adjoining residential properties.
(3)
Approval of the Agrifoods Development Branch is required, is required before
a permit is issued by the Town.
(4)
The separation distances typically associated with an agricultural use,
including distances from dwellings, property lines and roads under
Regulation 37 shall not apply.
(5)
Agricultural Uses Minimum Lot area and Frontage - 2 hectares and 45
metres. All other conditions of Condition 2 shall apply, together with
Regulation 37.
6.
Bed and Breakfast, Boarding House
Bed and breakfast and boarding house are permitted, provided that the proposed
building has an exterior design which is sensitive to the residential character of the
surrounding area and respects the scale and density of adjacent dwellings and the
development is landscaped in a manner compatible with the surrounding residential
area.
7.
Campground
A plan of the campground shall be submitted in a format satisfactory to the Town,
showing and specifying the number and location of campsites and all facilities,
services, internal roads and measures for buffering and/or screening. The approved
plan, together with any other approvals and conditions shall form part of the permit.
Town of Reidville
Development Regulations 2009
SCHEDULE C - MD ZONE
Page 62
8.
Child Care
Child Care is permitted, provided the owner of the business resides in the dwelling
and the business is conducted entirely within the dwelling.
9.
Home Business Accessory Use
See also Regulation 30 - Accessory Uses.
A Home Business shall only be permitted if:
a)
the primary use of the property remains residential and the scope and
intensity of the use classes is entirely compatible with the residential uses of
the property and neighbourhood, and the business is operated by a resident
of the dwelling;
b)
adequate parking is provided;
c)
no mechanical equipment is used except that reasonably consistent with the
use of a dwelling;
d)
no wholesale or retail sale of goods is externally apparent - for example, if
sale of crafts occurs it does not occur through walk-in or drive-in trade;
e)
there is no outdoor storage or display;
f)
a non-illuminated identification sign not exceeding 0.28 m in area shall be
2
permitted on the dwelling provided that the sign is consistent with residential
character of the neighbourhood;
g)
no change in the type, class or extent of the home occupation shall be
permitted except with the approval of the Town.
10.
Mineral Working Buffer
No new dwelling may be permitted within 300 metres of a Mineral Working unless
it has been approved by the Department of Natural Resources.
11.
Residential Development and Agriculture
See also Regulation 37.
(1)
No residential development shall be allowed to impede the appropriate
agricultural activities within or adjacent this Zone.
(2)
Any permit for a dwelling or other residential development shall contain a
provision to the effect that the applicant acknowledges that the person is
residing in an agricultural area.
Town of Reidville
Development Regulations 2009
SCHEDULE C - MD ZONE
Page 63
(3)
The Town shall refer a residential development application to the Agrifoods
Development Branch prior to issuing a permit.
Town of Reidville
Development Regulations 2009
SCHEDULE C - A ZONE
Page 64
USE ZONE TABLE
AGRICULTURE (A) ZONE
ZONE TITLE
AGRICULTURE (A)
(Reidville)
PERMITTED USE CLASSES - (see Regulation 92)
Agriculture, Animal, Bed and Breakfast (accessory to a single dwelling), Conservation,
Forestry, Mineral Exploration, Public Utilities, Recreational Open Space, Single
Dwelling (farm residence) and Veterinary.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 93)
Antenna, Campground, Catering, Cemetery, Commercial - Residential, Convenience
Store, Cultural and Civic, General Industry, Indoor Assembly, Light Industry, Mineral
Working, Outdoor Assembly, Outdoor Market, Single Dwelling and Subsidiary Dwelling
(non-farm residence) and Utilities.
CONDITIONS FOR THE AGRICULTURE ZONE
1.
General
(1)
Including the other conditions set out for this zone, Regulations 1 to 6 and
Parts I, II, III, IV and Schedules A, B, D and E must be followed when before
issuing a permit for development and/or subdivision.
(2)
All development in this Zone is subject to the approval of the Agrifoods
Development Branch of the Department of Natural Resources.
(3)
No residential or other development is permitted which would have a
negative effect on the agricultural uses of the zone.
2.
General Development Standards
Lot Area:
As
determined
by
the
and/or
the Agrifoods
Development Branch or Forest Resources Division of
the Department of Natural Resources and the
Government Service Centre in consultation with the
Town of Reidville
Development Regulations 2009
SCHEDULE C - A ZONE
Page 65
Town or 2 hectares, whichever is greater. See also
Regulation 38.
Lot Frontage:
As determined by the Agrifoods Development Branch
and/or Forest Resources Division of the Department of
Natural Resources and the Government Service Centre
in consultation with the Town or 30 metres, whichever
is greater. See also Regulation 38.
Building Line Setback (minimum)
10 m
Sideyard (minimum)
5 m
Sideyard Flanking Road (minimum)
5 m
Rearyard (minimum)
10 m
3.
Accessory Buildings
(1)
Restrictions on design or height or lot coverage under this Clauses (3), (4)
and (7) of this Condition shall only apply to accessory buildings associated
with single dwellings.
(2)
Accessory buildings can be used for accessory uses.
(3)
Accessory buildings shall not be erected upon or placed upon any
easements.
(4)
Accessory buildings shall have a lot coverage no greater than 10 percent of
the lot area, up to a maximum of 95 square metres for each single dwelling.
(5)
The height of an accessory building shall not exceed 6 metres.
(6)
Communications antennae and towers shall have a maximum height of 15
metres.
(7)
With the exception of greenhouses and swimming pools, accessory buildings
shall be similar in appearance to the main building in terms of design, colour
and materials.
(8)
Accessory buildings shall not be closer the front lot line than the building line,
2 m to the side lot line, and 2 m to rear lot line, and accessory buildings shall
maintain a minimum separation distance of 3 m from a dwelling.
Town of Reidville
Development Regulations 2009
SCHEDULE C - A ZONE
Page 66
4.
Bed and Breakfast
Bed and breakfast and boarding house is permitted in this Zone provided that it is
accessory to a farm dwelling.
5.
Catering Use
A catering use may be permitted in this zone as a discretionary use, provided:
a)
the restaurant is situated within a bed breakfast establishment and/or a
residence;
b)
the development will not have a negative impact on existing or proposed
agriculture or forestry uses;
c)
the development is granted approval by the Agrifoods Development Branch
of the Department of Natural Resources and the Department of Government
Services before approval is granted by the Town.
6.
Commercial Residential Development
A commercial residential development may be permitted in this zone as a
discretionary use, provided:
a)
the commercial - residential development is restricted to tourist cabins
b)
the development will not have a negative impact on existing or proposed
agriculture or forestry uses;
c)
the development is granted approval by the Agrifoods Development Branch
of the Department of Natural Resources and the Department of Government
Services before approval is granted by the Town.
7.
Campground
A campground may be permitted in this zone as a discretionary use provided that
a plan of the campground is submitted in a format satisfactory to the Town, showing
and specifying the number and location of campsites and all facilities, services,
internal roads and measures for buffering and/or screening. The approved plan,
together with any other approvals and conditions shall form part of the permit.
8.
Convenience Store
A convenience store in this Zone is limited to a gift and specialty shops, to be
developed in conjunction with the cultural and civic use.
Town of Reidville
Development Regulations 2009
SCHEDULE C - A ZONE
Page 67
9.
Cultural and Civic
The Cultural and Civic use class is meant to apply to a nature interpretation and
display museum designed to serve the visiting public and also to be used for
education and research purposes.
10.
General Industry and Light Industry
General industry and light industry may be permitted as discretionary uses in this
zone, provided that the general industry and light industry isrestricted to the
maintenance and repair of equipment, processing and storage related to agriculture,
forestry or mineral working uses.
11.
Home Business Accessory Use
See also Regulation 30 - Accessory Uses.
A Home Business shall only be permitted if:
a)
the primary use of the property remains residential and the scope and
intensity of the use classes is entirely compatible with the residential uses of
the property and neighbourhood, and the business is operated by a resident
of the dwelling;
b)
adequate parking is provided;
c)
no mechanical equipment is used except that reasonably consistent with the
use of a dwelling;
d)
no wholesale or retail sale of goods is externally apparent - for example, if
sale of crafts occurs it does not occur through walk-in or drive-in trade;
e)
there is no outdoor storage or display;
f)
a non-illuminated identification sign not exceeding 0.28 m in area shall be
2
permitted on the dwelling provided that the sign is consistent with residential
character of the neighbourhood;
g)
no change in the type, class or extent of the home occupation shall be
permitted except with the approval of the Town.
12.
Mineral Working
Mineral workings are subject to this Regulation, any other applicable regulations
and the approval of the Department of Natural Resources.
(1)
Separation from Adjacent Uses - Unless the Town is satisfied that the
working will not create a nuisance and will not adversely affect the amenity
Town of Reidville
Development Regulations 2009
SCHEDULE C - A ZONE
Page 68
of the specified development or natural feature, no mineral working shall be
located closer than the minimum distances set out below to the specified
development or natural feature:
a)
Existing or Proposed Residential Development
S
where no blasting is involved
300 metres
S
where blasting is involved
1000 metres
b)
Any Other Existing or Proposed Development
150 metres
c)
Public Highway or street
50 metres
d)
Protected Road
90 metres
e)
Body of water or watercourse
50 metres
(2)
Screening - A mineral working shall be properly screened where it is visible
from a public street or highway, developed area, or area likely to be devel-
oped during the life of the use.
Where natural topography creates a visual screen between mineral workings
and adjacent public highways and streets or other land uses (excepting
forestry and agriculture), additional screening may not be required.
(3)
Fencing - The Town may require the mineral working site or excavated areas
of a pit or quarry working to be enclosed by a fence designed and
constructed to its specifications and no less than 1.8 metres in height.
(4)
Water Pollution - No mineral working or associated storm or sanitary
drainage shall unacceptably reduce the quality of water in any body of water
or watercourse. Any access road to a pit or quarry working which crosses
a brook or stream shall be bridged or culverted at the crossing in accordance
with the Acts and Regulations of the Department of Environment and
Conservation.
(5)
Water Ponding - No mineral working or associated storm or sanitary
drainage shall unacceptably reduce the quality of water in any body of water
or watercourse. Any access road to a pit or quarry working which crosses
a brook or stream shall be bridged or culverted at the crossing in accordance
with the Regulations of the Department of Environment and Conservation.
(6)
Erosion Control - No mineral working shall be carried out in a manner so as
to cause erosion of adjacent land.
Town of Reidville
Development Regulations 2009
SCHEDULE C - A ZONE
Page 69
(7)
Site Maintenance - The mineral working shall be kept clean of refuse,
abandoned vehicles, and abandoned equipment and any derelict buildings.
(8)
Access Roads - During extended periods of shutdown, access roads to a
mineral working shall be ditched or barred to the satisfaction of the Town.
(9)
Operating Plant and Associated Processing and Manufacturing - The Town
may permit processing and manufacturing use associated with mineral
workings provided that, in the opinion of the Town, the use does not create
a nuisance nor is liable to become a nuisance or offensive by the creation of
noise or vibration, or by reason of the emission of fumes, dust, dirt,
objectionable odour, or by reason of unsightly storage of materials.
(10)
Termination and Site Rehabilitation - Upon completion of the mineral
working, the following work shall be carried out by the operation:
a)
all buildings, machinery and equipment shall be removed;
b)
all pit and quarry slopes shall be graded to slopes less than 20 or to
o
the slope conforming to that existing prior to the mineral working;
c)
topsoil and any organic materials shall be re-spread over the entire
quarried area;
d)
the access road to the working shall be ditched or barred to the
satisfaction of the Town;
e)
if the mineral working contains reserves of material sufficient to
support further extraction operations, the Town may require the work
described above to be carried out only in areas of the site where
extraction has depleted aggregate reserves.
13.
Recreational Trails and Walkways
See also Regulation 56.
Recreational Open Space and Trails can be permitted in this zone subject to the
following conditions:
a)
the proposed use shall not interfere with adjacent agricultural and other
natural resource uses by virtue of noise, increased traffic or other activities;
b)
the proposed use shall not prejudice the continuation of existing agricultural
and other natural resource uses and operational practices which may not be
compatible with the proposed use;
c)
applications for recreational open space uses shall be referred to the
Department of Natural Resources before approval is granted by the Town.
Town of Reidville
Development Regulations 2009
SCHEDULE C - A ZONE
Page 70
14.
Residential Development, Single Dwelling
(1)
A single dwelling in this zone or on any farm is subject to the approval of the
Agrifoods Development Branch of the Department of Natural Resources and
the Government Service Centre. A farm residence is a permitted use, and
a non-farm residence is a discretionary use.
(2)
No residential development shall be allowed to impede agricultural activities.
(3)
Separation distances and other provisions that affect the location and type
of agricultural activities in respect of residential development, and residential
development in respect of agricultural activities shall be determined by the
Agrifoods Development Branch in consultation with the Town.
(4)
Residential development in this zone is limited to single dwellings, subsidiary
apartments and subsidiary dwellings situated on a farm property as defined
by the Agrifoods Development Branch of the Department of Natural
Resources.
(5)
With the approval of the Agrifoods Development Branch one residential lot
for a non-farm residence may be severed from a farm operation at the
discretion of the Town provided that this severance in no way impedes the
agricultural potential of the remainder of the property, and this lot shall front
on a public road. No further severance shall be permitted.
(6)
With the approval of the Agrifoods Development Branch Subject to Clause
(5) one dwelling in addition to the principal farm residence may be allowed
on a farm at the discretion of the Town provided that it is located on the
same parcel of land as the principal farm residence and provided that they
are located in such a way that either one can be severed from the farm
property without prejudicing the farm operation.
Town of Reidville
Development Regulations 2009
SCHEDULE C - CT ZONE
Page 71
USE ZONE TABLE
COMMERCIAL TOURISM (CT) ZONE
ZONE TITLE
COMMERCIAL TOURISM (CT)
(Reidville)
PERMITTED USE CLASSES - (see Regulation 92)
Agriculture, Bed and Breakfast, Campground, Catering, Commercial - Residential,
Conservation, Indoor Assembly, Public Utilities, Recreational Open Space and Trails,
and Seasonal Residential.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 93)
Mineral Exploration, Transportation and Utilities.
CONDITIONS FOR THE COMMERCIAL TOURISM ZONE
1.
General
(1)
Including the other conditions set out for this zone, Regulations 1 to 6 and
Parts I, II, III, IV and Schedules A, B, D and E must be followed when before
issuing a permit for development and/or subdivision.
(2)
Along the Upper Humber River buildings shall not be located at any elevation
lower than 10 metres above sea level or elsewhere where there is deemed
to be a flood hazard, regardless of whether or not the property lies within the
minimum buffer along the Upper Humber or whether or not it lies within the
Environmental Protection zone.
2.
General Development Standards - Unserviced and Semi-Serviced
Development, Infilling Variances, Other Development Standards
(1)
Unserviced Development
Where the development lacks municipal water and sewer services
(unserviced) the minimum lot size is as determined by the Department of
Government Services or 1860 m , whichever is greater.
2
The minimum lot frontage shall be as determined by the Department of
Government of Services or 30 metres minimum, whichever is greater.
Town of Reidville
Development Regulations 2009
SCHEDULE C - CT ZONE
Page 72
(2)
Semi-serviced Development:
For semi-serviced building lots (lots where water or sewage disposal services
will be provided off-site), a minimum lot size of 1,400 m is required. A
2
minimum frontage of 23 metres is required throughout the entire area in
which the absorption field (distribution box to end of absorption trenches) is
to be installed. The area must be sufficient to accommodate the septic
system while maintaining separation distances and have sufficient space for
the installation of a replacement system.
(3)
Infilling Variance
Where unserviced or semi-serviced land is surrounded by development
which prohibits expansion and where approval cannot be awarded because
the proposed lot size does not comply with the minimum lot size and width
requirements, the requirements to literal conformity may be varied if:
a)
the variance amounts to no more than a twenty percent (20%)
reduction in the requirements;
b)
the variance is not contrary to the general intent and purpose of the
policy and procedure as set out in the Private Sewage Disposal and
Water Supply Standards;
c)
the application of the variance would not interfere with the
maintenance of required distance separations and sewage system
dimensions;
d)
the application of the variance would not undermine the quality of
adjacent property or pose a hazard to human health;
e)
the application of the variance is related to the specific property and
is not general to land within the area;
f)
the particular practical difficulties for the owner or developer are
distinguishable from a mere inconvenience or desire to acquire
monetary gain.
(4)
Building Line Setback (minimum)
8 m
(5)
Sideyard (minimum)
2 m
(6)
Rearyard (minimum)
10 m
Town of Reidville
Development Regulations 2009
SCHEDULE C - CT ZONE
Page 73
(7)
Lot Coverage All Buildings (maximum)
33%
(8)
Height (maximum)
10 m
3.
General Development Standards - Discretionary Uses
(1)
See Regulation 44.
(2)
Discretionary uses shall conform to the requirements specified for a
permitted use.
4.
Accessory Buildings
(1)
Accessory buildings shall be subsidiary to the principal or main buildings in
terms of height and floor area, and with the exception of greenhouses and
swimming pools, accessory buildings shall be similar in appearance to the
main building(s) in terms of design, colour and materials.
(2)
The height of an accessory building shall not exceed 6 metres.
(3)
Accessory buildings shall not be closer the front lot line than the building line,
2 m to the side lot line, and 2 m to rear lot line, and accessory buildings shall
maintain a minimum separation distance of 3 m from a dwelling.
(4)
Accessory buildings shall not be erected upon or placed upon any
easements.
(5)
Communications antennae and towers shall have a maximum height of 15
metres.
5.
Agricultural Uses
(1)
See also Regulation 37.
(2)
The agricultural use shall be such as to occur without detriment to the use
and enjoyment of nearby properties.
(3)
Approval of the Agrifoods Development Branch of the Department of Natural
Resources is required, along with all other government departments and
agencies is required before a permit is issued by the Town.
Town of Reidville
Development Regulations 2009
SCHEDULE C - CT ZONE
Page 74
(4)
The maximum allowable number of livestock units permitted in this zone is
four or as otherwise as determined by the Town after consultation with the
Agrifoods Development Branch.
(5)
The separation distances typically associated with an agricultural use,
including distances from dwellings, property lines and roads under
Regulation 37 shall not apply.
(6)
Minimum Lot area and Frontage - 2 hectares and 45 metres.
6.
Campground
A plan of the campground shall be submitted in a format satisfactory to the Town,
showing and specifying the number and location of campsites and all facilities,
services, internal roads and measures for buffering and/or screening. The approved
plan, together with any other approvals and conditions shall form part of the permit.
7.
Home Business Accessory Use
See also Regulation 30 - Accessory Uses.
A Home Business shall only be permitted if:
a)
the primary use of the property remains residential and the scope and
intensity of the use classes is entirely compatible with the residential uses of
the property and neighbourhood, and the business is operated by a resident
of the dwelling;
b)
adequate parking is provided;
c)
no mechanical equipment is used except that reasonably consistent with the
use of a dwelling;
d)
no wholesale or retail sale of goods is externally apparent - for example, if
sale of crafts occurs it does not occur through walk-in or drive-in trade;
e)
there is no outdoor storage or display;
f)
a non-illuminated identification sign not exceeding 0.28 m in area shall be
2
permitted on the dwelling provided that the sign is consistent with residential
character of the neighbourhood;
g)
no change in the type, class or extent of the home occupation shall be
permitted except with the approval of the Town.
8.
Mineral Working Buffer
No new dwelling may be permitted within 300 metres of a Mineral Working unless
it has been approved by the Department of Natural Resources.
Town of Reidville
Development Regulations 2009
SCHEDULE C - CT ZONE
Page 75
9.
Residential Development and Agriculture
See also Regulation 37.
(1)
No residential development shall be allowed to impede the appropriate
agricultural activities within or adjacent this Zone.
(2)
Any permit for a dwelling or other residential development shall contain a
provision to the effect that the applicant acknowledges that the person is
residing in an agricultural area.
(3)
The Town may refer a residential development application to the Agrifoods
Development Branch prior to issuing a permit if it is concerned to determine
what conditions if any should apply to the development in order to protect the
agricultural uses or minimize the effects of an agricultural use on the
residential development.
10.
Seasonal Residential
A seasonal residence can only be permitted in this zone if it as a remote cottage
without frontage on a public road.
Town of Reidville
Development Regulations 2009
SCHEDULE C - EP ZONE
Page 76
USE ZONE TABLE
ENVIRONMENTAL PROTECTION (EP) ZONE
ZONE TITLE
ENVIRONMENTAL PROTECTION
(Reidville)
PERMITTED USE CLASSES - (see Regulation 92)
Conservation.
DISCRETIONARY USE CLASSES - (see Regulations 23 and 93)
Agriculture, Mineral Exploration, Public Utilities, Recreational Open Space and Trails
and Transportation.
CONDITIONS FOR THE ENVIRONMENTAL PROTECTION ZONE
1.
General
(1)
Including the other conditions set out for this zone, Regulations 1 to 6 and
Parts I, II, III, IV and Schedules A, B, D and E must be followed when before
issuing a permit for development and/or subdivision.
(2)
Along the Upper Humber River buildings shall not be located at any elevation
lower than 10 metres above sea level or elsewhere where there is deemed
to be a flood hazard, regardless of whether or not the property lies within the
minimum buffer along the Upper Humber or whether or not it lies within the
Environmental Protection zone.
2.
Roads and Driveways
Roads and driveways (property access) may be permitted after approval by the
Department of Environment and Conservation.
3.
Transportation
Transportation uses are limited to wharves, docks and slipways.
Town of Reidville
Development Regulations 2009
SCHEDULE D - PARKING
Page 77
SCHEDULE D
PARKING AND OFFSTREET LOADING REQUIREMENTS
1.
General
(1)
For every building, structure or use to be erected, enlarged or established,
there shall be provided and maintained a quantity of off-street parking
spaces sufficient to ensure that the flow of traffic on adjacent streets is not
impeded by the on-street parking of vehicles associated with that building,
structure or use.
(2)
The number of parking spaces to be provided for any building, structure, use
of occupancy shall conform to the standards set out in this Schedule.
(3)
Each parking space, except in the case of single or double-family dwellings,
shall be made accessible by means of a hard surfaced right-of-way at least
3 m in width. Parking required in a residential zone shall be provided on the
same lot as the dwelling or dwellings. Parking space for apartments shall be
provided in the rear yard where possible. In a non-residential zone, parking
spaces shall be provided within the limits of the zone in which the use is
situated and not more than 200 m distant from the use concerned.
(4)
The parking facilities required by this Regulation shall, except in the case of
single or double dwellings, be arranged so that it is not necessary for any
vehicle to reverse onto or from a street.
(5)
Where, in these Regulations, parking facilities for more than four vehicles are
required or permitted, with parking perpendicular to the curb the minimum
dimensions shall be as follows:
a)
parking stall width -
2.75 metres
b)
parking stall length or depth -
5.80 metres
c)
aisle width, parking stalls across from each other -
7.30 metres
d)
aisle width, other obstruction
-
7.30 metres
e)
driveway width
7.00 metres.
Where the parking stall is horizontal to the curb, the minimum length of the
stall shall be 7.00 metres, and the minimum aisle width (if applicable) shall
be at least 4 metres, more if deemed necessary by the Town.
For any other parking lot configuration, the requirements shall as be as
specified by the Town, but in no instance shall the requirements be less than
that specified for perpendicular parking spaces.
Town of Reidville
Development Regulations 2009
SCHEDULE D - PARKING
Page 78
(6)
Other requirements for parking areas are as follows:
a)
the parking area shall be constructed and maintained to the
specifications of the Town;
b)
the lights used for illumination of the parking area shall be so
arranged as to divert the light away from adjacent development;
c)
a structure, not more than 3 m in height and more than 5 m² in area
may be erected in the parking area for the use of attendants in the
area;
d)
except in zones in which a service station is a permitted use, no
gasoline pump or other service station equipment shall be located or
maintained on a parking area;
e)
no part of any off-street parking area shall be closer than 1.5 m to the
front lot line in any zone;
f)
access to parking areas in non-residential zones shall not be by way
of residential zones;
g)
where a parking area is in or abuts a residential zone, a natural or
structural barrier at least 1 m in height shall be erected and
maintained along all lot lines;
h)
where, in the opinion of the Town, strict application of the above
parking requirements is impractical or undesirable, the Town may as
a condition of a permit require the developer to pay a service levy in
accordance with these Regulations in lieu of the provision of a parking
area, and the full amount of the levy charged shall be used by the
Town for the provision and upkeep of alternative parking facilities
within the general vicinity of the development.
2.
Offstreet Parking Spaces
The offstreet parking requirements for uses in the various use classes set out in
Schedule B shall be as set out in the following table.
In case of developments including uses in more than one class, these standards
shall be regarded as cumulative.
Adequate offstreet provision for drop-off and pick-up of persons shall be provided
in developments where required, such as uses within the education, passenger
assembly, child care, medical treatment and special care, commercial-residential
and take-out food service classes.
Town of Reidville
Development Regulations 2009
SCHEDULE D - PARKING
Page 79
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
Theatre
One space for every 5 seats.
Cultural and Civic
One space for every 50 square metres of gross floor
areas.
General Assembly
One space for every 10 square metres of gross floor
area.
Educational
Schools - 2 spaces for every class-room.
Further education - 1 space for every 5 persons using
the facilities (students, faculty and staff).
Place of Worship
One space for every 5 seats.
Passenger Assembly
As specified by the Town.
Club and Lodge
One space for every 3 persons that may be
accommodated at one time.
Catering
One space for every 3 customers that may be
accommodated at one time.
Funeral Home
.One space for every 10 square metres of gross floor
area.
Child Care
One space for every 20 square metres of gross floor
area
Amusement
One space for every 10 square metres of gross floor
area.
Indoor Assembly
One space for every 10 spectators that may be
accommodated at one time.
Outdoor Assembly
As specified by the Town.
Campground
As specified by the Town.
Penal and Correctional
Detention
As specified by the Town.
Medical Treatment and
Special Care
One space per 20 m of suite or ward area.
2
Town of Reidville
Development Regulations 2009
SCHEDULE D - PARKING
Page 80
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
Single Dwelling
Two spaces for every dwelling unit.
Double Dwelling
Two spaces for every dwelling unit.
Row Dwelling
Two spaces for every dwelling unit.
Apartment Building
Three spaces for every two dwelling units.
Collective Residential
As specified by the Town.
Boarding House Residential
and/or Bed and Breakfast
As specified by the Town.
Commercial Residential
One space for every guest room.
Seasonal Residential
One space per dwelling unit.
Mobile Homes
Two spaces for every dwelling unit.
Office
One space for every 20 m of gross floor area.
2
Medical and Professional
One space for every 20 m of gross floor area.
2
Personal Service
One space for every 20 m of gross floor area.
2
General Service
One space for every 20 m of gross floor area.
2
Communications
As specified by the Town.
Police Station
As specified by the Town.
Taxi Stand
As specified by the Town.
Take-out Food Service
One space for every 20 m of gross floor area.
2
Veterinary
One space for every 20 m of gross floor area.
2
Shopping Centre
One space for every 15 m of gross floor area.
2
Shop
One space for every 20 m of gross floor area.
2
Indoor Market
As specified by the Town.
Outdoor Market
As specified by the Town.
Convenience Store
One space for every 20 m of gross floor area.
2
Town of Reidville
Development Regulations 2009
SCHEDULE D - PARKING
Page 81
CLASS
MINIMUM OFF-STREET PARKING REQUIREMENT
Hazardous Industry
As specified by the Town, but not less than one space
per 100 m of gross floor area or 10 parking spaces,
2
whichever is greater.
General Industry
As specified by the Town, but not less than one space
per 100 m of gross floor area or 10 parking spaces,
2
whichever is greater.
Service Station
One space for every 20 m of gross floor area.
2
Light Industry
As specified by the Town, but not less than one space
per 50 m of gross floor area or 5 parking spaces,
2
whichever is greater.
Agriculture
Not specified.
Forestry
Not specified.
Mineral Working
Not specified.
Mining
Not specified.
Recreational Open Space
Not specified.
Conservation
Not specified.
Cemetery
Not specified.
Scrap Yard
Not specified.
Solid Waste
Not specified.
Animal
Not specified.
Antenna
Not specified.
Transportation
As determined by the Town, taking into consideration
associated uses.
Town of Reidville
Development Regulations 2009
SCHEDULE E - AIRPORT
Page 82
SCHEDULE E - DEER LAKE AIRPORT ZONING REGULATIONS
Note: This version of the Deer Lake Airport Zoning Regulations pursuant to the
Aeronautics Act was obtained from the Department of Transport Canada Website, and is
subject to the reservations set out on the website concerning its use. Where used in an
enforcement manner, reference must be had to the original documents on file with the
Government of Canada and only after consultation with the Deer Lake Airport Authority.
AERONAUTICS ACT
Deer Lake Airport Zoning Regulations
* Short Title
* Interpretation
* Application
* General
* Natural Growth
* Disposal of Waste
* SCHEDULE
* PART V
* Established by
AERONAUTICS ACT
Deer Lake Airport Zoning Regulations
ZONING REGULATIONS RESPECTING DEER LAKE AIRPORT
Short Title
1. These Regulations may be cited as the Deer Lake Airport Zoning Regulations.
Interpretation
2. (1) In these Regulations,
"airport" means the Deer Lake Airport in the District of Humber Valley, in the Province of
Newfoundland; (aéroport)
"airport reference point" means the point described in Part I of the schedule; (point de
repère de l'aéroport)
"approach surface" means an imaginary inclined plane that extends upward and outward
from each end of the strip, which approach surface is more particularly described in Part
II of the schedule; (surface d'approche)
"Minister" means the Minister of Transport; (ministre)
Town of Reidville
Development Regulations 2009
SCHEDULE E - AIRPORT
Page 83
"outer surface" means an imaginary surface located above and in the immediate vicinity
of the airport, which outer surface is more particularly described in Part III of the schedule;
(surface extérieure)
"strip" means the rectangular portion of the landing area of the airport, including the
runway, prepared for the take-off and landing of aircraft in a particular direction, which strip
is more particularly described in Part IV of the schedule; (bande)
"transitional surface" means an imaginary inclined plane that extends upward and outward
from the lateral limits of the strip and its approach surfaces, which transitional surface is
more particularly described in Part V of the schedule. (surface de transition)
(2) For the purposes of these Regulations, the assigned elevation of the airport reference
point is 15.24 m above sea level.
Application
3. These Regulations apply to all the lands, including public road allowances, adjacent to
or in the vicinity of the airport, which lands are more particularly described as follows:
(a) the lands within the outer limits of lands described in Part VI of the schedule; and
(b) the lands directly under that portion of the approach surfaces that extend beyond the
said outer limits.
General
4. No person shall erect or construct, on any land to which these Regulations apply, any
building, structure or object or any addition to any existing building, structure or object, the
highest point of which will exceed in elevation at the location of that point
(a) the approach surfaces;
(b) the outer surface; or
(c) the transitional surfaces.
Natural Growth
5. Where an object of natural growth on any land to which these Regulations apply
exceeds in elevation any of the surfaces referred to in paragraphs 4(a) to (c), the Minister
may direct the owner or occupier of the land on which that object is growing to remove the
growth or the excessive portion thereof.
Town of Reidville
Development Regulations 2009
SCHEDULE E - AIRPORT
Page 84
Disposal of Waste
6. No owner or occupier of any land to which these Regulations apply shall permit that land
or any part of it to be used for the disposal of any waste that is edible by or attractive to
birds.
SCHEDULE
(Sections 2 and 3)
PART I
Description of the Airport Reference Point
The airport reference point, shown on Public Works Canada Deer Lake Airport Zoning
Plans S-441-3, S-441-4, S-441-5 and S-441-6, dated November 30, 1984, is determined
by measuring 975.36 m southwesterly along the centre line and centre line produced of
runway 07-25 from the 07 end of the strip and thence measuring northwesterly at right
angles 152.40 m from the centre line of the said runway 07-25.
PART II
Description of the Approach Surfaces
The approach surfaces, shown on Public Works Canada Deer Lake Airport Zoning Plans
S-441-1 to S-441-8 inclusive, dated November 30, 1984, are surfaces abutting each end
of the strip associated with the runway designated 07-25 and are described as follows:
(a) a surface abutting the end of the strip associated with runway approach 07 consisting
of an inclined plane having a ratio of 1 m measured vertically to 50 m measured
horizontally rising to an imaginary horizontal line drawn at right angles to the projected
centre line of the strip and distant 15 000 m measured horizontally from the end of the
strip; the outer ends of the imaginary horizontal line being 2 400 m from the projected
centre line; said imaginary horizontal line being 300 m measured vertically above the
elevation at the end of the strip; and
(b) a surface abutting the end of the strip associated with runway approach 25 consisting
of an inclined plane having a ratio of 1 m measured vertically to 50 m measured
horizontally rising to an imaginary horizontal line drawn at right angles to the projected
centre line of the strip and distant 15 000 m measured horizontally from the end of the
strip; the outer ends of the imaginary horizontal line being 2 400.00 m from the projected
centre line; said imaginary horizontal line being 300 m measured vertically above the
elevation at the end of the strip.
PART III
Description of the Outer Surface
The outer surface, shown on Public Works Canada Deer Lake Airport Zoning Plans
S-441-3, S-441-4, S-441-5 and S-441-6, dated November 30, 1984, is an imaginary
surface located at a common plane established at a constant elevation of 45 m above the
Town of Reidville
Development Regulations 2009
SCHEDULE E - AIRPORT
Page 85
assigned elevation of the airport reference point, except where that common plane is less
than 9 m above the surface of the ground, in which case the imaginary surface is located
at 9 m above the surface of the ground.
PART IV
Description of the Strip
The strip associated with runway 07-25, as shown on Public Works Canada Deer Lake
Airport Zoning Plans S-441-3, S-441-4, S-441-5 and S-441-6, dated November 30, 1984,
is 300 m in width, 150 m on each side of the centre line of the runway, and 1 948.8 m in
length.
PART V
Description of Each Transitional Surface
Each transitional surface, shown on Public Works Canada Deer Lake Airport Zoning Plans
S-441-3, S-441-4, S-441-5 and S-441-6, dated November 30, 1984, is a surface consisting
of an inclined plane rising at a ratio of 1 m measured vertically to 7 m measured
horizontally at right angles to the centre line and centre line produced of the strip extending
upward and outward from the lateral limits of the strip and its approach surfaces to an
intersection with the outer surface.
PART VI
Description of the Outer Limits of Lands
The boundary of the outer limits of lands, shown on Public Works Canada Deer Lake
Airport Zoning Plans S-441-3, S-441-4, S-441-5 and S-441-6, dated November 30, 1984,
is a circular area having a radius of 4 000 m from the airport reference point.
Established by
SOR/86-1135 11 December, 1986 pursuant to section 4.4 of the Aeronautics Act.
Town of Reidville
Development Regulations 2009
SCHEDULE F - WATERWAYS AND WETLANDS
Page 86
SCHEDULE F
WATERWAYS AND WETLANDS - W.R. 97-1 AND W.R. 97-2
NOTE: Schedule F sets out the applicable policy directives under the Water Resources
Act concerning development in and near bodies of water - waterways and wetlands -
as described in Part II of the Development Regulations. These directives were obtained
from the Government of Newfoundland and Labrador Department of Environment and
Conservation Website and may be amended or changed without notice.
WATERWAYS
Development in Shore Water Zones - Policy Directive W.R. 97-1
1.0 INTRODUCTION
The shore water zone is the interface between land and water, and includes the land along
the edge of an ocean, or a fresh water body. The shore water zone owes its unique
ecological attributes to the area encompassing both the land draining into the water body
and the water body itself. Unplanned and imprudent development on shore water zones,
including infilling and waste disposal, may have detrimental effects on water quality, water
quantity, and on terrestrial and aquatic life and habitat. Human impacts on salt water shore
zones, caused by, for example, untreated sewage disposal, surface runoff from urban and
industrial sites, etc., has led to closures of bays to aquaculture and shellfish harvesting.
The economic impacts of environmental damage of fresh water shore zones include loss
of recreational opportunities, depreciation of land values, etc. Shore water zones are also
areas that are subject to flooding, with possible adverse impacts on life and property along
the zones.
2.0 OBJECTIVES
This policy will establish the criteria for issuing a permit under Section 48 of the Water
Resources Act, SNL 2002 cW-4.01, for all development activities in and affecting shore
water zones. The objective of the policy is to permit developments of shore water zones
such that potential economic losses and impacts on water quantity, water quality, and
terrestrial and aquatic habitats and life are minimized.
3.0 LEGISLATION
Water Resources Act, SNL 2002 cW-4.01, ("the Act") sections 30, 48 and 64
4.0 DEFINITIONS
Body of Water -
(Statutory definition from the Act) "body of water" means a
surface or subterranean source of fresh or salt water within
Town of Reidville
Development Regulations 2009
SCHEDULE F - WATERWAYS AND WETLANDS
Page 87
the jurisdiction of the province, whether that source usually
contains liquid or frozen water or not, and includes water
above the bed of the sea that is within the jurisdiction of the
province, a river, stream, brook, creek, watercourse, lake,
pond, spring, lagoon, ravine, gully, canal, wetland and other
flowing or standing water and the land occupied by that
body of water
Shore Water Zone -
"Shore Water Zone" means the land that is intermittently
occupied by water as a result of the naturally fluctuating
surface water level in a body of water which can be either
a fresh or salt water body and, in either case, the low water
mark and high water mark of the water body defining the
edges of the shore water zone.
Development -
"Development" means the carrying out of an activity or
operation which includes construction of wharves,
moorings, jetties, other docking facilities, marinas,
boathouses, etc., mechanical disturbance of the land,
infilling, drainage, dredging, channelization, erosion control
works, and removal of vegetation on shore water zones for
social or economic benefits, or any change in the use or the
intensity of use of any shore water zone.
5.0 POLICIES
5.1 High Water Level of a Water Body
The high water level of a water body is taken to be the 1:100 year return period water level.
For a fresh water body, this level includes water levels caused strictly by storm runoff or
hydraulic effects of ice or both. In marine situations, the level must include maximum
waves, wind setup, storm surge, and ultimate mean sea levels under current global climatic
forecasts for a 1:100 year design.
5.2 Developments Not Permitted
5.2.1 Infilling, drainage, dredging, channelization, or removal of surface or underwater
vegetation on or along shore water zones which could aggravate flooding problems will not
be permitted.
5.2.2 Infilling, drainage, dredging, channelization, or removal of surface or underwater
vegetation on or along shore water zones which have unmitigable adverse water quality
impacts on the shore water zones will not be permitted.
5.2.3 Infilling, drainage, dredging, channelization, or removal of surface or underwater
vegetation on or along shore water zones which have significant impacts on water
Town of Reidville
Development Regulations 2009
SCHEDULE F - WATERWAYS AND WETLANDS
Page 88
circulation patterns within the shore water zones or on sediment deposition or accretion or
removal rates along the shore water zones will not be permitted.
5.2.4 Placing, depositing or discharging into shore water zones of any raw sewage, refuse,
municipal and industrial wastes, fuel or fuel containers, pesticides, herbicides or other
chemicals or their containers, or any other material which impairs or has the potential to
impair the water quality of the shore water zones will not be permitted.
5.2.5 Construction of extensive paved surfaces along a shore water zone which changes
the intrinsic character of the shore water zone will not be permitted.
5.3 Developments Requiring Written Permission
The following developments on or along shore water zones will be permitted subject to the
prior written permission of the Minister of Environment and Conservation (the "Minister")
in accordance with the Act:
5.3.1 Limited removal of surface vegetation cover for the construction of marinas,
boathouses, jetties, wharves, moorings, and other docking facilities.
5.3.2 Construction of marinas, boathouses, jetties, wharves, moorings and other docking
facilities which would require only minor disturbances to water circulation patterns within
the shore water zone and which have limited impacts on sediment deposition or accretion
rates along the shore water zone.
5.3.3 Extension and upgrading of existing buildings, structures and facilities within shore
water zone areas.
5.3.4 Development related to recreational activities including the setting up of camp
grounds, permanent and semi-permanent facilities, etc., along shore water zones.
5.4 Implementation of Mitigative Measures
All developments which are permitted within shore water zones and which could result in
potentially adverse changes to water quantity or water quality of the shore water zone will
require the implementation of mitigative measures to be specified in the terms and
conditions for the environmental approval.
5.5 Restoration Measures
The terms and conditions of the environmental approval will specify the restoration
measures to be implemented upon cessation of activities or abandonment of facilities on
shore water zones.
Town of Reidville
Development Regulations 2009
SCHEDULE F - WATERWAYS AND WETLANDS
Page 89
WETLANDS
Subject:
Development in Wetlands
1.0 INTRODUCTION
Wetlands, which include bogs, fens, marsh, swamps, and shallow water,
collect and store runoff, moderate and attenuate downstream flood flows,
reduce downstream flooding and erosion, clean and purify water, recharge
groundwater zones, and provide unique habitat for plants and animals. The
wetlands of Newfoundland and Labrador are increasingly being altered from
their natural state to support alternative land uses such as agriculture,
urbanization, industrial development, and recreation. Unplanned and
imprudent development of wetlands, including drainage, infilling, and
channelization, have detrimental effects on the wetlands' and downstream
water quality and water quantity, and on terrestrial and aquatic habitat, life,
flora and fauna. The potential consequences of impacts on water resources
include structural damage to bridges and culverts from increased flood flows;
river bed erosion causing siltation; and detrimental impacts on fish resources,
drinking water quality and recreational uses of water bodies.
The problem facing wetland management is that the ecological and socio-
economic benefits of these ecosystems are usually not directly measurable
and in many instances are not recognized until it is too late. The extensive
nature of wetlands, peatlands in particular, in this province means that there
is room for more developments to occur to meet social and economic needs,
as long as hydrologic and environmental impacts are minimized.
2.0 OBJECTIVES
This policy will establish the criteria for issuing a permit under Section 48 of
the Water Resources Act, SNL 2002 cW-4.011, for all development activities
in and affecting wetlands. The objective of the policy is to permit
developments in wetlands which do not adversely affect the water quantity,
water quality, hydrologic characteristics or functions, and terrestrial and
aquatic habitats of the wetlands.
3.0 LEGISLATION
Water Resources Act, SNL 2002 cW-4.01, ("the Act") sections 30, 48 and
Town of Reidville
Development Regulations 2009
SCHEDULE F - WATERWAYS AND WETLANDS
Page 90
64
4.0 DEFINITIONS
Body of Water -
(Statutory definition from the Act) "body of water"
means a surface or subterranean source of fresh
or salt water within the jurisdiction of the province,
whether that source usually contains liquid or
frozen water or not, and includes water above the
bed of the sea that is within the jurisdiction of the
province,
a
river,
stream,
brook,
creek,
watercourse, lake, pond, spring, lagoon, ravine,
gully, canal, wetland and other flowing or standing
water and the land occupied by that body of water
Wetland -
(Statutory definition from the Act) "wetland"
means land that has the water table at, near or
above the land surface and includes bogs, fens,
marshes, swamps and other shallow open water
areas
Wetland development -
"Wetland development" means the carrying out of
an activity or operation which includes the
construction of ditches, mechanical disturbance of
the ground, alteration of normal water level
fluctuations,
infilling,
drainage,
dredging,
channelization, and removal of vegetation cover
and/or organic matter on a wetland for social or
economic benefits, or the making of any change
in the use or the intensity of use of any wetland
which affects its hydrologic characteristics or
functions.
5.0 POLICIES
5.1 Developments Not Permitted
5.5.1 Infilling, drainage, dredging, channelization, removal of vegetation cover
or removal of soil or organic cover of wetlands which could aggravate flooding
problems or have unmitigable adverse water quality or water quantity or
hydrologic impacts will not be permitted.
5.5.2 Developments of wetlands which are located within the recharge zones
of domestic, municipal or private groundwater wells will not be permitted.
Town of Reidville
Development Regulations 2009
SCHEDULE F - WATERWAYS AND WETLANDS
Page 91
5.5.3 Placing, depositing or discharging any raw sewage, refuse, municipal
and industrial wastes, fuel or fuel containers, pesticides, herbicides or other
chemicals or their containers, or any other material which impairs or has the
potential to impair the water quality of wetlands will not be permitted.
5.2 Developments Requiring Written Permission
The following developments affecting wetlands will be permitted subject to the
prior written permission of the Minister of Environment and Conservation (the
"Minister") in accordance with the Act:
5.2.1 Removal of the surface vegetation cover of wetlands for extraction of
peat, or for preparing the area for agricultural or forestry activities.
5.2.2 Construction of ditches, tile fields and other types of flow conveyances
to drain wetlands for extraction of peat, or for preparing the area for
agricultural or forestry operations.
5.2.3 Removal of the top soil or organic cover of wetlands for use as
horticultural or fuel peat, or for preparing the area for agricultural or forestry
activities.
5.2.4 Infilling, dredging, or any other disturbance of wetlands for the
construction of permanent or temporary roads, bridges, culverts, trails, power
and telecommunication transmission lines, pipelines, etc., through wetlands
which would necessitate only minor disturbances to the vegetation and
organic cover, the flow drainage pattern of the area and ground slope.
5.2.5 Infilling, dredging or other disturbance of wetlands for the construction
of residential, commercial, industrial and institutional facilities or extension and
upgrading of existing buildings and facilities within wetland areas.
5.2.6 Development related to recreational activities including the setting up of
camp grounds, permanent and semi-permanent facilities, etc., on wetland
areas.
5.2.7 Construction of flow control structures to alter the normal water level
fluctuations of wetlands for the purposes of enhancing the quality or quantity
of fish and other wildlife habitat.
5.3 Implementation of Mitigative Measures
All uses and developments of wetlands resulting in potentially adverse
changes to water quantity or water quality or hydrologic characteristics or
functions of the wetlands will require the implementation of mitigative
measures to be specified in the terms and conditions for the environmental
Town of Reidville
Development Regulations 2009
SCHEDULE F - WATERWAYS AND WETLANDS
Page 92
approval.
5.4 Restoration Measures
The terms and conditions of the environmental approval will specify the
restoration measures to be implemented upon cessation of activities or
abandonment of facilities on wetland areas.