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TOWN OF ROBERT'S ARM
MUNICIPAL PLAN
IMPORTANT: To see if there were any changes to
this plan since it came into effect, please refer to:
List of Municipal Plan Amendments
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lR lE G TI§ 1f lE JR lE !I])
Under the authority of section 16, section 17 and section 18 of the Urban and
Rural Planning Act 2000, the Town Council of Robert's Arm.
a)
Adopted the Robert's Arm Municipal Plan and Development Regulations
rt-
r,,A
2010-2020 on the r
day of'1(/JJ.JJ. , 2010.
b)
Gave notice of the adoption of the Town of Robert's Arm Municipal Plan
and Development Regulations 2010-2020 by advertisement inserted on
the IDay of Nov. and the&_ day of~. 2010 in The Nor'Wester
newspaper.
c)
Set the
/Ion- day ot'Ikr;... at 7:30 p.m. at the Town Office, Robert's Arm
for the holding of a public hearing to consider objections and submissions.
Now under section 23 of the Urban and Rural Planning Act 2000, the Town
Council of Robert's Arm approved the Town of Robert's Arm Municipal Plan and
Development Regulations 2010-2020 as adopted (or as amended).
SIGNED AND SEALED this _i:l_ day of K)oeoa:ube:\ , 2010
Mayor:
Clerk:
,______ --· -- . - ---- . - -----· ..
URBAN AND RURAL PLANNING ACT
RESOLUTION TO ADOPT
TOWN OF ROBERT'S ARM
MUNICIPAL PLAN AND DEVELOPMENT REGULATIONS 2010-2020
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the
Town Council of Robert's Arm adopts the Robert's Arm Municipal Plan and
Development Regulations 2010-2020.
Adopted by the Town Council of Robert's Arm on the !n_ day of~. 2010.
Signed and sealed this t'b
day of J)e;<,/('.11'1 ber
, 2010.
Mayor:
Clerk:
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that the attached Town of Robert's Arm Municipal Plan and Development
Regulations 2010-2020 has been prepared in accordance with the requirements of the
Urban and Rural Planning Act.
TOWN OF ROBERT'S ARM
MUNICIPAL PLAN
2010 -2020
Prepared By:
PLAN-TECH
-
ENVIRONMENT
Table of Contents
1.0
1.1
1.2
1.3
1.4
1.5
1.6
1.7
INTRODUCTION ................................................................................................... 1
1.
2.
3.
4.
5.
6.
Forward ............................................................................................................. 1
Purpose of the Municipal Plan ........................................................................... 1
Municipal Plan Preparation ................................................................................ 2
Plan Approval .................................................................................................... 2
Plan Review and Amendment ........................................................................... 3
Interpretation ..................................................................................................... 3
Robert's Arm Municipal Plan ............................................................................ .4
Municipal Planning Area and Physical Features .............................................. .4
General Location and History ............................................................................ 5
Population Characteristics ................................................................................. 6
Households ...................................................................................................... 6
Economy and Labour Force .............................................................................. 7
Municipal Services ............................................................................................. 8
2.0
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
GOALS AND OBJECTIVES ................................................................................. 8
Community Structure ......................................................................................... 8
Residential Housing ........................................................................................... 9
Economy ........................................................................................................... 9
Recreation and Tourism .................................................................................. 10
Environment .................................................................................................... 11
Transportation ................................................................................................. 11
Municipal Finance ............................................................................................ 12
Sustainable Development. ............................................................................... 12
3.0
THE LAND USE PLAN ....................................................................................... 13
3.1
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
General Land Use Policies .............................................................................. 13
Physical Structure ............................................................................................ 13
Subdivision Policies ........................................................................................ 14
Subdivision Agreement. ................................................................................... 14
Council Assumption of Private Roads ............................................................. 15
Access and Public Street. ................................................................................ 15
Building Setback .............................................................................................. 15
Municipal and Public Utility Works and Easements ......................................... 15
Infill Development ............................................................................................ 16
Environmental Preservation and Enhancement ............................................. 16
Soils and Drainage .......................................................................................... 17
Removal of Topsoil .......................................................................................... 18
Protection of Watercourses and Fish Habitat.. ................................................ 18
Development Criteria for Non-Residential Sites .............................................. 18
Property Maintenance ..................................................................................... 19
3.2
SPECIFIC LAND USE POLICIES ................................................................... 20
3.2.1
Residential. ............................................................................................... 20
3.2.2
Mixed Development. ................................................................................. 25
3.2. 3
Commercial ............................................................................................. 28
3.2.4
Industrial .................................................................................................. 30
3 .2 .5
Public Use ................................................................................................ 32
3.2.6
Conservation ............................................................................................ 33
3.2. 7
Recreation ................................................................................................ 36
3.2.8
Cemetery ................................................................................................. 37
3.2.9
Watershed ................................................................................................ 38
3.2.10
Rural ......................................................................................................... 39
4.0.
IMPLEMENTATION ............................................................................................ 42
4.1
Administration of the Plan .............................................................................. 42
4.2
Development Regulations ............................................................................... 43
4.3
Development Control ...................................................................................... .45
4.4
Capital Works .................................................................................................. 46
4.5
Municipal Plan Amendment Procedure ........................................................... 46
Town of Robert's Arm
'
Page 1
1.0 INTRODUCTION
1.1
Forward
This document and the maps contained with it comprise the Municipal Plan of the Town of
I
Ro~ert's Arm. The maps show the Planning Area divided into various land use districts.
Within each district only certain kinds of development may take place. The document
presents statements regarding the kinds of development that may take place in each land
use. district. It also provides more general statements about other aspects of development
that apply throughout the entire Municipal Planning Area. The Municipal Plan is a legal
document and is binding upon Council and any person or group using or proposing to use
land anywhere within the Planning Area. All new development must conform to the Plan
from the date it becomes legally effective.
1.2
Purpose of the Municipal Plan
A Municipal Plan guides growth and development within a Municipal Planning Area. It
provides a means of preventing the kind of problems that occur when incompatible land
uses take place in close proximity to each other. It directs future growth so that it occurs in
a manner in which municipal services and land resources are used most efficiently, thus
preventing unnecessary increases in servicing costs that would result if development
bedame needlessly spread out. It also ensures that aspects of land development like
safety, aesthetics and environmental protection are given proper consideration. The aim of
plahning is to protect and enhance the qualities of the Planning Area that make it a healthy,
prosperous and pleasant place in which to live and work.
Municipal Plan 2010-2020
Town of Robert's Arm
Pag~2
1.3
Municipal Plan Preparation
This Municipal Plan review has been prepared in accordance with the requirements of the
Urban and Rural Planning Act, following surveys and studies of land use, population
growth, the local economy, present and future transportation and communication needs,
public services, social services, and other relevant factors. Because of the time frame
since the first Municipal Plan, this Plan has been reviewed in its entirety.
The Plan outlines the goals, objectives and policies of Council regarding the development
of the Municipal Planning Area over the next ten years.
1.4
Plan Approval
For the Plan to gain full legal effect, Council must hold public consultation with area
residents and concerned groups and individuals to allow for public input into the plann,ing
process. After this consultation Council must approve the draft Municipal Plan and submit
the Plan to the Engineering and Land Use Planning Division, Department of Munic\pal
Affairs for review to ensure the Plan policies conform to provincial policies.
Once the plan is released by the Department of Municipal Affairs, Council shall appoint a
qualified Commissioner to conduct a formal public hearing to consider objections and
representations from the public either opposing or in favour of the Municipal Plan. The
Plan in its entirety shall be placed on display for a two week period for public viewing. If
'
written objections to the Plan are received a public hearing maybe held and the
'
Commissioner shall conduct the hearing. The Commissioner will formally report his
findings to Council as a result of the public hearing. Council may adopt the report in whole,
Municipal Plan 2010-2020
Town of Robert's Arm
Page 3
in part, or reject the report in its entirety. Council can then formerly approve the Municipal
Plan and apply to the Department of Municipal Affairs for registration. A notice will then
appear in the Newfoundland and Labrador Gazette and a local newspaper advising the
public of Council's intent. Once this notice has been published in the Gazette, the Plan is
legally binding on Council and any person or party proposing to develop, or to change the
use of land, anywhere within the Planning Area.
1.5
Plan Review and Amendment
Every five years from the date on which it first comes into effect, Council is required to
initiate a review of the Plan. Where necessary, changes may then be made to account for
any new policies or land use requirements for the next ten years. The Plan may otherwise
be amended at any other time, in whole or in part. Any such amendment will be read
together with, and become part of; the Municipal Plan and so must not conflict with any
other of its policies. If circumstances do not permit a Plan Review to be undertaken within
the prescribed time, the current Municipal Plan, and any amendments that had been made
to it, will remain in effect until a Plan Review is completed and fully approved.
1.6
Interpretation
Th' following sections and the Future Land Use Maps constitute the legally effective parts
of t~e Robert's Arm Municipal Plan. In this Municipal Plan:
-
"Council" shall mean the Council of the Town of Robert's Arm.
-
"Development Regulations" shall mean the Robert's Arm Land Use Zoning,
Subdivision and Advertisement Regulations.
-
"Municipal Planning Area" shall mean the Robert's Arm Municipal Planning Area.
Municipal Plan 2010-2020
Town of Robert's Arm
Page,4
-
"Town" shall mean the Town of Robert's Arm.
The boundaries between the different land use designations in the Municipal Plan are
meant to be general, except in the case of roads or other prominent physical features
where they are intended to define the exact limits of each category.
Nothing in the Plan shall affect the continuance of land uses which are lawfully established
on the date that this Plan comes into effect.
1.7
Robert's Arm Municipal Plan
The Town of Robert's Arm was incorporated in 1960. The previous Town of Robert's Arm
Municipal Plan was in effect in 1988 and was for a 10 year period. This new Municipal Plan
updates the preceding one to accommodate various changes to the development within
the Town and to incorporate new policies and regulations as deemed necessary by the
Town Council and from input received from public consultation.
1.
Municipal Planning Area and Physical Features
The Robert's Arm Municipal Planning Area covers a very large area of land which contains
approximately 48 km 2. Only a small portion, about 5% of the planning area, is developed.
The topography of the area is undulating and irregular, with most elevations under 100
metres above sea level. The entire Planning Area is heavily forested with a mix of
coniferous and decidious trees. There is little exposed bedrock in the area with
considerable coverage of glacial till. There is little arable land with sparse topsoil thereby
making agricultural development challenging at best.
Municipal Plan 2010-2020
Towm of Robert's Arm
Pages
2.
General Location and History
Roberts Arm, located in southwestern Notre Dame Bay, is approximately 25 kilometres
from the Trans Canada Highway at South Brook. Until the early 1900's Roberts Arm was
known as Rabbits Arm because of the abundance of snowshoe hare in the area. Local
rabbit was sold to a factory located in South Brook. John Roberts, an influential member of
the community, owned a large quantity of land in Town and is believed to be the inspiration
behind the name Roberts Arm.
Upon entering the Town, Crescent Lake, a majestic body of water which boasts
picturesque surroundings, is unique because of its Lake Monster, "Cressie", which is
claimed to be living in Crescent Lake. Recent years saw the development of the majestic
Hazelnut Adventure Trail, a hiking trail which encompasses the east end of the lake
nearest to the Town.
In the late 1800's, a copper ore body was discovered along the north side of Route 380,
north of Crescent Lake. This proved to be a significant economic boost at that time.
However, only 1260 tons of ore left the mine. The mine later closed because of a
managemenUowner disagreement. There is little evidence of the past mining activity
today. However, underground mine shafts still do exist which tend to cause unstable
surface lands.
Logging however, became the economic backbone of Robert's Arm. In the 1930's, pitprop,
wood used in the support of mine shafts, was produced for overseas market. The Town
became a major supply centre where wood was delivered to Tommy's Arm for shipment.
Later, pulpwood became a major concern. The Bowater Company harvested and shipped
pulpwood through Tommy's Arm for shipment to its mill in Corner Brook.
Municipal Plan 2010-2020
Town of Robert's Arm
Page6
3.
Population Characteristics
In 1884 when mining held promise, the population of Robert's Arm was 121. In 1935, tt;iere
were only 45 residents living in the community. The population increased significantly in
the 1960's when more than 20 families moved to town increasing the population to 978 as
Robert's Arm was designated as a growth center under the Newfoundland Resettlement
Program. In 2009, the Town estimates the population to be over 900.
The population of Robert's Arm decreased by 31 persons between the years 1991 and
1996. This figure represents a decrease in the population of -3.1 %. Between 1996 and
2001, the population had further decreased by 77 persons, or by -8.0%, and further
decreased again by 45 persons in 2006, or by 5.1 % (See Table 1 ).
Table 1: Population Change
Year
Population
Change
% Change
1991
994
-
1996
963
-31
-3.1%
..
2001
886
-77
-8,0%
2006
841
-45
5.1%
4.
Households
The number of private residential dwellings within the Town has increased from 325 in
1996 down slightly to 325 in 2001, and remained unchanged in 2006 with 325 dwellings.
While the number of dwellings has remained relatively constant, the population has
decreased by 125 people over the same 10 year period. The average household size in
the Town is 2.08 persons per dwelling (based on a total of approximately 325 dwelling
Municipal Plan 2010-2020
Town of Robert's Arm
Page 7
units). This is down slightly from 2.8 persons per household in 2001, and compares with
an average Newfoundland household size of 2.6, and a national average of 2.66 persons
per dwelling for 2001. The predominant housing type in the Town remains the single family
detached dwelling, some dwelling have subsidiary apartments. Approximately 1 0 newer
residential developments have been developed in the past five years.
5.
Economy and Labour Force
In 2001, the employable workforce of Robert's Arm numbered 325 people. This figure
decreased to 290 in 2006, of which the majority worked outside of Town and in the
Springdale and Grand Falls-Windsor Regions.
In Robert's Arm, the work force is
associated with the primary industries associated with wood harvesting.
Associated
industries in the wood harvesting also contribute to the work force such as transportation
and equipment. Table 3 shows the types of occupations in which these people worked.
TABLE 2: EMPLOYMENT BY OCCUPATION, ROBERT'S ARM 2006
lndustrv
No. of Employees
Percent of Total
Manaaement Occuoations
15
6%
Business Finance and Administration
25
10%
Natural and Annlied Sciences
10
5%
Health
0
0%
Social Science, Education, Government Service
10
5%
and Religion
Art Culture, Recreation and Sport
10
5%
Trade, Transoort and Eauioment Ooerators
80
33%
Primarv lndustrv
70
30%
Processing, Manufacturina and Utilities
20
6%
TOTAL
240
Municipal Plan 2010-2020
Town of Robert's Arm
Page 8
6.
Municipal Services
The Town has completed a water and sewer servicing program in the developed areas of
the community. At present all houses in the core of the community are serviced. The
domestic water supply source is Young's Pond and Dam Pond, designated as a protected
watershed by the Department of Environment and Conservation.
2.0 GOALS AND OBJECTIVES
Goals represent desired states or conditions which the town would like to attain over the
long-term and provide a foundation upon which the Plan's objectives and policies are
based. The following are goals of the Robert's Arm Municipal Plan.
2.1
Community Structure
Goals:
-
Promote residential development at a density consistent with the rural character
of the area.
-
To encourage structured growth for Robert's Arm that will ensure orderly
development between land uses.
-
Protect and enhance the physical and social well-being of all residents and
ensure the town remains a pleasant place in which to live, work and visit.
-
Maximize the efficiency and cost effectiveness of municipal services.
Objectives:
Municipal Plan 2010-2020
Town of Robert's Arm
-
Allocate land for development which will promote the efficient and orderly
expansion of compatible land use activities.
Page 9
-
Ensure all development takes place in a logical sequence, and to best utilize the
financial resources and land base of the Planning Area.
-
Maintain safe and efficient movement of traffic along the Planning Area's road
and highway network.
-
Encourage infill development within existing serviced areas.
-
Avoid extending services to areas where the cost to do so would be exorbitant.
2.2
Residential Housing
Goal:
-
To provide for an adequate quality, quantity and mix of housing to serve the
needs of the present and future population.
-
Ensure that land uses are properly allocated so that conflicts between non-
compatible uses are avoided.
Objectives:
-
Provide appropriate buffer zones between residential and non-residential areas
(i.e. commercial, industrial).
-
Prevent development in residential areas which are incompatible with residential
uses.
2.3
Economy
Municipal Plan 2010-2020
Town of Robert's Arm
Page 10
Goal:
-
To encourage diversified and balanced economic growth and promote the
development and diversify the local employment base.
Objectives:
-
Encourage diversification of the local economy through the attraction of new
businesses and the support of local entrepreneurship.
-
Support the development of facilities and attractions which will promote the
tourism industry within the community such as historic sites, visitor information
centres, and outdoor recreation sites.
-
Promote the attractiveness of Robert's Arm as a place to live, drawing upon its
scenic beauty, amenities, and geographic location.
2.4
Recreation and Tourism
Goal:
-
To provide recreation facilities and develop new facilities to accommodate
recreational and social needs for all age groups within the Town.
Objectives:
-
Encourage public participation in the planning of recreational open space lands and
encourage events such as festivals, sporting events, and other attractions.
-
Develop public recreational areas and facilities in feasible locations which will
service the maximum number of residents of the Town.
-
Promote the Town as a tourist attraction and encourage travelers to visit Robert's
Arm.
Municipal Plan 2010-2020
Town of Robert's Arm
Page 11
2.5
Environment
Goal:
-
Preserve, sustain and enhance the natural environment and scenic quality of the
Planning Area for its aesthetic, recreational and resource values.
Objectives:
-
Prevent development in environmentally sensitive areas such as shoreline and
waterways, steep slopes, drainage areas and bogs.
-
Council shall ensure a regular maintenance standard is employed for municipal
owned properties such as the Town Hall and Fire Station.
-
Council shall encourage local residents to take pride in their property and keep them
clean and free of refuse and the Town shall also encourage the greening of the
Town.
2.6
Transportation
Goals:
-
Ensure that the local transportation system adequately and safely provides
access throughout the Planning Area.
Objectives:
-
Ensure that new roads are constructed to Town standards and to reduce the
number of dead-end roads.
-
To improve local roads on a yearly and priority basis in accordance to the Town's
financial capability and Capital Works program.
Municipal Plan 2010-2020
Town of Robert's Arm
Page 12
2.7
Municipal Finance
Goal:
-
To manage municipal expenditures and revenues to provide municipal services
within a framework of long-term financial stability.
Objectives:
-
Manage the municipal debt load with consideration being given to expenditures
over the long term.
-
Encourage an enlarged economic base to generate more revenues.
2.8
Sustainable Development
Goal
-
To encourage the preservation of natural resources and to promote the
development of sustainable development activities.
Objectives:
-
To encourage the use of natural resources like wind and solar energy as alternative
sources of renewable energy.
-
To promote the development of industries that use clean renewable sources of
energy.
Municipal Plan 2010-2020
Town of Robert's Arm
Page 13
3.0 THE LAND USE PLAN
The following policies with accompanying Future Land Use Maps constitute the land use
component of the Robert's Arm Municipal Plan, 2009-2019. Included are all policies which
are seen as necessary by Council to ensure that the physical development of Robert's Arm
is undertaken in an efficient and economic manner during the ten-year (2009-2019) life of
this municipal plan. The Land Use Plan is meant to complement the Goals and Objectives
outlined in Section 2.0.
3.1
General Land Use Policies
The following policies can be categorized as general in scope in that they can be applied to
more than one land use and to different sections of the Town of Robert's Arm. They are
therefore presented as a separate section of this Land Use Plan.
1)
Physical Structure
Land uses will be allocated in accordance with the Future Land Use Map attached
lo this text. Development within the Planning Area will be managed in accordance
with the regulations of Council, in compliance with the policies, acts, and regulations
of the Province of Newfoundland and Labrador.
Nothing in the Plan shall affect the continuation of a use which was legally
established on the day that this Plan is registered by the Minister of Municipal
Municipal Plan 2010-2020
Town of Robert's Arm
Page 14
Affairs. Where a building or use exists which does not comply with the intent of the
Plan and the designated use, then it shall not be permitted to expand substantially.
Minor extensions of such properties may be approved provided there will be no
adverse effects on surrounding properties or the environment.
Municipal and public utility works such as telephone, pollution control and electric
utility facilities are permitted uses in all use designations, provided no adverse effect
on adjacent land uses is created. In this regard, the size and appearance of such
works must be in keeping with adjacent uses and provision shall be made for
buffering in the form of landscaped areas between uses.
2)
Subdivision Policies
All proposed subdivision developments will be subject to a comprehensive
evaluation by Council. The content of this evaluation will be detailed in the Robert's
Arm Development Regulations and shall include:
-
analysis of all physical features of the site and the opportunities and
constraints to development that they represent. Where possible, the layout
of proposed lots and roads shall conform to the topography;
-
analysis of how the proposed subdivision will integrate with existing
development, roads, municipal services, adjacent lands, and provide for
future access to undeveloped lands in the area; and
-
ensure compatibility between the subdivision and surrounding land uses,
both existing and future;
3)
Subdivision Agreement
As a condition of approval, Council may require the developer to enter into a
Municipal Plan 2010-2020
Town of Robert's Arm
Page 15
subdivision agreement with the Town.
4)
Council Assumption of Private Roads
New subdivision streets shall be constructed and upgraded to the Town's standard
before Council shall assume ownership and responsibility for future maintenance.
5)
Access and Public Street
All development must front on a publicly maintained street, unless otherwise
specified in this Plan.
6)
Building Setback
Adequate building setback from roads shall be required in order to maintain road
standards. Setbacks should be sufficient to allow for landscaping of front yards,
vehicle off-street parking and not interfere with the abilities of the Town's snow
clearing program. In certain circumstances where topography restricts the
development of a lot, a larger setback may be permitted to accommodate the
development.
7)
Municipal and Public Utility Works and Easements
Municipal and public utility works such as electrical power, telephone, and pollution
control facilities may be permitted in all land-use designations provided that no
adverse effect on adjacent land uses or the environment is created. Buffering,
Municipal Plan 2010-2020
Town of Robert's Arm
Page 16
where appropriate shall be provided in the form of a suitably landscaped area
between any such works and adjacent land uses.
Where land is required for utility easements or emergency access, such land may
be obtained for the appropriate agency (e.g. Newfoundland Power and/or Nalcor
Energy) in the course of approving subdivision or other development applications.
8)
Infill Development
Council shall monitor all infill development to ensure that appropriate standards are
maintained with respect to lot size, frontages, road widening, alignments, and any
other matter concerning current or future public works. In older developed sections
of Town, infill lots may not meet current standards. Council shall review any
proposed development on a lot by lot basis. Lots that do not meet current frontage
development standards may be approved for infill residential development under
Council's discretionary authority provided they are serviced with municipal services
and there are sufficient lands for the safe development of the lot.
9)
Environmental Preservation and Enhancement
Council will place high importance on environmental preservation and
enhancement, given its importance to residents and to Council's intention of
enhancing the local environment and developing a tourism industry.
Natural Environment
The policy of preserving the natural environment will be extended to all natural
Municipal Plan 2010-2020
Town of Robert's Arm
Page 17
systems within the Planning Area, including natural drainage systems, wetlands,
bogs, wildlife, plant and fish habitats. The preservation of watercourses and
shoreline areas will be a priority within the Planning Area.
Development proposals shall include plans for grading, ditching, and landscaping.
Significant alterations to the natural environment (such as changing the drainage
pattern or removing vegetation) will be considered during the evaluation of
development proposals. Alterations which will adversely affect adjacent property
shall not be permitted.
Built Environment
Council shall encourage partnerships and initiatives aimed at changing
environmental attitudes, awareness and promoting projects which will enhance the
built environment. Examples will include the following:
-
preservation of trees on sites for new development (ie, to discourage the
traditional practise of clearing development sites of all trees and vegetation);
-
development and expansion of recreation lands;
-
development and maintenance of the Hazelnut Adventure Trail walking trail
along shoreline of Crescent Lake and other areas of the Town; and
-
encourage the reduction and recycling of solid waste within the Town.
10)
Soils and Drainage
Development shall only be permitted on lands having soil and drainage conditions
that are suitable to permit the proper siting and development of the proposed uses
and any onsite services.
Municipal Plan 2010-2020
Town of Robert's Arm
Page 18
11)
Removal of Topsoil
Removal of topsoil from land will not take place unless a permit has been obtained
from the Department of Natural Resources and the Council has given approval.
12)
Protection of Watercourses and Fish Habitat
Rivers, streams, ponds, and shorelines shall be protected from pollution and
development. The existing vegetation shall be maintained along banks and
shorelines where possible. No development shall be permitted within 15 metres of
a watercourse without approval from the Departments of Environment and
Conservation and, if fish habitat is affected, from Fisheries and Oceans Canada.
Council shall encourage the preservation and protection of sensitive wetlands that
are valuable wetlands for controlling flooding; habitats for waterfowl or have
important aesthetics value to the surrounding areas. Any development proposal
within sensitive wetlands areas shall be referred to the Department of Environment
and Conservation, Water Resources Management Division, for comment prior to
any approval by Council.
13)
Development Criteria for Non-Residential Sites
All built-up development of non-residential land uses will conform to the following
criteria:
-
Each site shall have direct frontage on a public road.
Municipal Plan 2010-2020
Town of Robert's Arm
Page 19
-
Development shall be located and designed in a manner that minimizes the impact
of traffic, noise, lighting, and signage on adjacent residential areas.
Where
necessary, screening may be required through the provision of trees, shrubs, banks
and berms, landscaping or fencing.
-
Properties shall be designed and maintained to a high standard with regard to
safety, appearance, and compatibility with surrounding land uses.
-
Access points to the public street will be limited in number and designed for
maximum safety for pedestrians and vehicles.
-
Each site shall provide space for adequate off-street parking and loading facilities to
meet the needs of the proposed development.
-
Adequate municipal services must be available to meet the needs of each proposed
development.
-
Development must be in accordance with the Town's Development Regulations and
where applicable Regulations of the Departments of Government Services;
Environment and Conservation; Transportation and Works, Fisheries and Oceans;
and other relevant agencies.
14)
Property Maintenance
All development shall be landscaped. The exteriors of buildings, particularly
commercial properties, restaurants, shops and stores, or any business catering to
tourists, shall be properly finished and maintained to the satisfaction of Council.
Owners of dilapidated structures shall be required to repair or removal should it
pose as a safety hazard.
Council shall ensure that municipal buildings and property is maintained and
landscaped as a general example to the community. Wrecked or inoperable
vehicles, machinery or equipment of any kind shall not be stored or abandoned in
front or side yards, where it may be in general public view.
Municipal Plan 2010-2020
Town of Robert's Arm
Page 20
3.2
SPECIFIC LAND USE POLICIES
The lands within the Robert's Arm municipal planning area shall be managed according to
the designations shown on Future Land Use Maps 1 and 2 and the policies of this
Municipal Plan.
Future Land Use Maps 1 and 2 divide the Planning Area into the following designations:
3.2.1 Residential
Residential
Mixed Development
Commercial
Industrial
Public Use
Conservation
Recreation
Cemetery
Watershed
Rural
The purpose of the Residential designation is to preserve the amenity and character of
existing residential areas and to reserve lands for future residential use throughout the
Planning Area. Undeveloped serviced areas like School Road are reserved for future
residential development.
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Town of Robert's Arm
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Areas designated as Residential on the Future Land Use Map shall be predominantly
residential in character. Infilling is encouraged where land is fully serviced by water and
sewer lines. School Road has been identified by Council as an area for residential
housing. The area is not serviced with municipal water or sewer, and it is unlikely that
either service will be provided during the next several years.
Future residential development in this area shall make provisions for supply of water and
sewage disposal satisfactory to Council as this is an area that provincial capital works
funding will not be available.
Policies:
1.
Land Designation
The Residential designation shall accommodate serviced residential development
on lots sizes which reflect older development patterns along existing roads in the
Town.
2.
Land Uses
Within lands designated Residential, single-family detached dwellings and
recreation uses shall be permitted. Complementary uses such as double dwelling,
row dwelling, apartment building, child care, office, home office, boarding house
residential (bed and breakfast), medical treatment and special care, personal and
professional services, convenience store or a small scale business use as part of a
residence may be permitted throughout the area under the discretion of the Council.
Council shall consider the impact of the bulk and scale of proposed uses in
residential designations to ensure that development does not adversely affect the
residential character and amenity of the area; provision of adequate space for on
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Town of Robert's Arm
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site parking, loading, and buffering is provided; and the primary use of the lot
remains residential. A compatible use will occupy only a minor part of the floor area
of the dwelling.
All new development and all new lots created shall have direct frontage onto a
publicly-maintained road or in the case of a new subdivision shall have frontage on
a road being constructed under the terms of a development permit issued by
Council. The costs of providing services to any new subdivision development shall
be the responsibility of the developer.
3.
Recreation Uses
Compatible recreation uses such as children's playgrounds and tot lots may be
located within Residential areas provided that adequate screening from nearby
properties is provided, and safe setback distances from the roads can be obtained.
4.
Medical Treatment and Special Care
Medical Treatment and Special Care shall be limited to only homes for the aged.
Development, in the form of a residence for seniors, may be permitted, provided
that adequate pedestrian and vehicular access and parking can be provided. The
size and scale of the development shall be reviewed by the Council in any decision
to permit this form of development within a residential area.
5.
Bed-and-Breakfast
Bed-and-breakfast operations must clearly be subsidiary to the residential use and
must not adversely affect the residential quality of the area through excessive traffic,
noise, or parking of an excessive number of vehicles.
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6.
Office Use
Home office use shall be limited to a home based business which may be permitted
if contained inside the residence, is clearly subsidiary to the residential use, and
there shall be no open storage of materials, equipment or products, and do not
adversely affect the residential quality of the area through increased traffic, noise,
unsightly premises, and similar considerations.
7.
Childcare
Group or Family Childcare use must not adversely affect the residential quality of an
area through excessive traffic, noise, or similar considerations that may be
associated with the business. Any Group or Family Childcare business shall
operated in accordance with provincial Child Care Services Act and all applicable
Provincial Regulations.
8.
Convenience Store
Within the Residential designated lands, new convenience stores may be permitted
as a subsidiary use to a residential dwelling or as a separate structure on its own lot.
Council shall encourage the even distribution of convenience stores in appropriate
areas throughout the Town. Development standards shall ensure that the size of
the convenience store is limited so that it will not interfere with neighbouring
residential uses.
Council shall consider access to the site; amount of parking to be provided; any
adverse impacts upon adjoining neighbours, and effects of the business on traffic
flow when reviewing applications for a new or expanded convenience store.
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9.
Residential Subdivisions
In order to ensure efficient use of land and future provision of services, avoid a
proliferation of individual cul-de-sacs that are costly to service, and ensure that
development is properly located so as not to interfere with optimal future
development of adjacent lands, subdivision proposals shall be considered only if
they conform to an area concept plan that has been approved by Council (See
Policy 10: Subdivision Development Plans).
Building permits shall not be issued unless a road agreement has been reached
between the Town and the developer. Services (roads, storm drainage, etc.) will
normally be installed at the expense of the developer.
Subdivision Plans, engineering site plans, and building designs must meet the
approval of Council.
Lot layouts and the sighting of buildings shall follow
development standards as outlined in the Town's Development Regulations.
10.
Subdivision Development Plans
Subdivision development plans shall address specific proposals for development of
a site in a relatively short time frame. The subdivision plan shall be detailed and
shall address needs pertinent to development of the site, including:
-
Conformity to the goals, objectives, and policies of this Municipal Plan;
-
Conformity to an area concept plan as approved by Council, which accounts
for the development of lands abutting the site;
-
A description of the subject lands;
-
Consideration of land ownership as it will affect the layout of streets and the
optimal use of land and municipal services;
-
Access to the site from existing roads and internal road layout;
-
Extension and development of municipal piped services for new subdivision;
-
Demonstration the long-term viability of any proposed on-site servicing
system through soil analysis and other appropriate site evaluation. A site
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assessment in this regard that has been carried out as part of a area concept
plan may suffice if Council is satisfied that it accurately depicts the conditions
of the proposed subdivision site;
-
Phasing scheme;
-
Provision for lotting;
-
Provision for 10% recreation lands or alternative measures if requested by
Council;
-
Adherence to the Town's engineering development standards for streets
designs, grades, storm drainage, building lines, accesses, landscaping,
buffers, development standards for each lot, etc.;
-
Other information that Council may require.
11.
Open Space Requirements
The provision for open space within a residential subdivision development shall be
the responsibility of the developers and if required, shall dedicate a maximum of 10
percent of suitable land in new residential areas for recreational open space.
Alternatively, Council may require the developer to pay a sum of money equal to 10
percent of the assessed value of the area of land prior to commencement of the
development of the subdivision.
3.2.2 Mixed Development
The town centre is a mixture of commercial, public and residential development. This
mixture of land uses has not created any significant problems for local residents due to fact
that commercial developments are limited in size and activities. It is the intention of
Council to permit this form of development to continue while ensuring amenity and safety
between the different land uses in the Mixed Development land use designation. This
designation shall ensure that a viable combination of compatible uses can co-exist with the
predominantly residential development. Areas designated Mixed Use are intended for the
continuation of a traditional mix of land uses. The following policies will guide the growth
and development of the Mixed Development areas.
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Polices:
1.
Land Uses
Within the Mixed Development area, permitted uses shall include single dwellings,
double dwellings, boarding house residential, recreation, catering (restaurant and
take-out food service), medical & professional, shops, convenience stores, places of
worship, personal and general services, light industry, and conservation.
Other uses may be permitted such as row dwelling, general and passenger
assembly uses, club and lodge, lounge, funeral home, child care, indoor assembly,
office, personal service, general service, commercial residential, taxi stand, service
station, medical treatment and special care (home for the aged only) may be
permitted throughout the area under the discretion of the Council provided they are
compatible with the residential character of the area and do not cause a nuisance
by virtue of excessive noise, dust, odour, increased traffic or hours of operation.
2.
Site Plans
The Council may require developers to provide a comprehensive site plan for any
proposed developments, indicating building locations, delivery areas, parking
spaces, accesses, landscaping and buffer areas, and where other development
components are to be located. In assessing proposals, Council will be primarily
concerned with aesthetic factors, scale and conformity with the desired character of
the area, and compatibility with other land uses in the vicinity, in particular any
residential development.
3.
Adverse effects
Adverse effects of any proposed development on adjacent residential uses shall be
prevented or minimized through proper site layout, scale of development, and
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Town of Robert's Arm
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buffering. The type of buffer that may be required is subject to the site specifics of
the particular proposed development.
4.
Access to Street
Access points to the public street shall be limited in number and properly designed,
in order to keep the street safe and efficient for both vehicles and pedestrians.
5.
Parking
Adequate off-street parking and loading facilities shall be provided for any non
residential development
6.
Office Use
Office use may be permitted as a home based business. The office use, if located
within the home, shall be subsidiary to the residential use. The office use may be
located in an accessory building on the same lot as the residence. There shall be no
open storage of materials, equipment or products, and the use does not adversely
affect the residential quality of the area through increased traffic, noise, unsightly
premises, and similar considerations.
Provisions for parking shall meet the
standards as prescribed by Council.
7.
Boarding House Residential
Boarding House Residential uses such as Bed-and-breakfast operations must not
adversely affect the residential quality of the area through excessive traffic, noise, or
parking of an excessive number of vehicles.
8.
Medical Treatment and Special Care
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Medical Treatment and Special Care shall be limited to only homes for the aged in
the form of residence for seniors may be permitted, provided that adequate
pedestrian and vehicular access and parking can be provided. The size and scale of
the development shall be reviewed by the Council in any decision to permit this form
of development within a residential area.
9.
Childcare
Group or Family Childcare use must not adversely affect the residential quality of an
area through excessive traffic, noise, or similar considerations that may be
associated with the business. Group or Family Childcare business shall operate in
accordance with provincial Child Care Services Act and all applicable Regulations.
10.
General Services and Light Industrial Uses
General services uses and light industrial uses shall be small scale uses such as
small workshops, fabrication and warehouses. The use shall be carried out in a
separate building from any residence. There shall be no outdoor storage of
equipment or materials. Activities associated with the use are not hazardous and
do not create a nuisance by reason of noticeable noise, odour, dust or flames, or
result in electrical interference.
3.2.3 Commercial
Lands designated as Commercial are limited within the Town.
There are several
businesses of a commercial nature that cater to locals as well as travelling public. The
intent of the Plan is to protect these businesses and to ensure there continued operations
within the residential developed areas of the town. Also to provide for new commercial
development at the west end of the Town along Route 380. This area provides for a
central location for any business that caters to the travelling public or the general
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population within the region,
Policies:
1.
Land Use
Land designated Commercial shall be developed primarily for commercial uses
such as retail and service activities oriented toward local residents and highway
users. The permitted uses shall include: catering, child care, commercial residential,
office, medical and professional, personal service, shop, and convenience store.
Other compatible uses that may be permitted include clubs and lodges,
amusement, indoor assembly, taxi stand, funeral home, indoor market, office,
general services, veterinary, light industry, take-out food service, outdoor market,
communications, general industry, passenger assembly, service station, cultural and
civic, outdoor assembly, veterinary, place of worship, antenna, and recreation open
space.
2.
Location
Commercial activity shall be located in different areas of the Town that are suitable
for such forms of development. The locations should provide for adequate buffering
from other non compatible uses such as residential areas and public uses. The
area should also have good access to transportation routes such as main Highway
Route 380 as it passes through the Town.
3.
Service Stations
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The development of a service station with retail of fuels shall be at the discretion of
Council. In deciding on any such development, Council shall take into consideration,
the location and type of adjoining uses, provision of adequate parking, a minimum
of two access points to the lot, the location of any private dug wells, and the location
of the fuel storage tanks and building on the lot.
4.
Open Storage
No open storage shall be permitted in the front or side yards of any commercial
property. Property owners will be required to keep their premises well maintained
and tidy.
5.
Parking
Adequate off street parking, loading and safe access to the street shall be provided.
Parking shall meet requirements as outline in Schedule D of the Town
Development Regulations.
3.2.4 Industrial
Industrial development is presently very limited in the town and is restricted along the shore
of Robert's Arm and a site located on the Port Anson Road.
Industrial land use
designations shall accommodate the current and future land use demands over the next
ten year planning period. There is a limited land base within the surrounding urban area of
Town to meet any demands placed on it by an increase in economic development, in
particular industrial development.
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Policies
1.
Location
Lands between Waterfront Road and the shores of Robert's Arm are designated as
Industrial related to marine uses. A small site located on the Port Anson Road, just
off Route 380 is also designated as Industrial.
2.
Land Use
The Industrial designation shall accommodate a variety of General Industry, Light
industry and Hazardous Industry uses, including, slipways, wharves, docks fishing
equipment storage sheds, scrap yards and sewage treatment plants.
3.
Restricted Land Use
The uses in the Industrial land use designation shall be limited to those of an
industrial nature. Subsidiary retail activities may be permitted only in association
with a permitted industrial land use. Industrial uses shall include manufacturing,
sawmills, light industry and general industry.
4.
Offensive Uses
Industrial uses that are judged to be incompatible with the nearby communities
through excessive emissions of noise, smell, chemicals or other pollutants, shall not
be permitted. Property owners with unsightly uses will be required to store their
materials in the rear or side yard. Property owners will be required to keep their
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premises well maintained and tidy.
3.2.5 Public Use
Land designated Public Use shall include government, church, educational and other uses
for general or limited public access. A number of sites in Robert's Arm are designated as
Public Use. Facilities required to deliver municipal services to residents, such as the Town
Hall, are also within the intent of this designation.
Policies
1.
Land Use
Lands are designated Public Use to permit their general or limited use by the
residents of Robert's Arm. Within the Public Use designation, the predominant use
of land shall be for community-oriented facilities such as schools, places of worship,
child care, government offices, municipal buildings, recreation buildings, and their
accessory uses.
Complementary uses may be permitted, provided that they will not conflict with the
satisfactory operation of existing facilities or the future development of public uses.
The complementary uses may include recreational open space such as parks and
playing fields, office, indoor assembly, outdoor assembly, catering, and homes for
the aged.
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2.
Compatibility with Residential Uses
The development and operation of new facilities and buildings for public use will not
impose adverse effects on adjacent residential areas in terms of traffic, noise, and
hours of operation.
3.
Location
Public buildings and uses are encouraged to locate in the central part of the
community and within easy walking distance of most residents.
4.
Access
Access points to the public street shall be limited in number and properly designed,
in order to keep the street safe and efficient for both vehicles and pedestrians.
5.
Parking
Adequate off-street parking and loading facilities shall be provided.
3.2.6 Conservation
The intent of the Conservation designation is to protect certain lands within the Town which
by reason of their intrinsic character, are sensitive, vulnerable, or ecologically significant, or
have natural or recreation values. They include wetlands, watercourses, bodies of water,
shoreline frontages, steep cliffs, as well as, open natural spaces such as woodlands, green
belts, buffers, natural trails, areas of scenic attraction for public enjoyment, etc.
In
addition, it is recognized that bog lands and wetlands are important components in the
ecosystem in terms of controlling the rate and volume of runoff. Rivers and brooks also
form part of the natural drainage system and must be protected from blockage or
alteration. Any unnecessary alterations of these water systems must be avoided.
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Policies:
1.
Location
Lands between Waterfront Road and the shores of Robert's Arm are designated as
Conservation.
2.
Land Uses
The Conservation designation shall protect and conserve environmentally sensitive
and important lands from adverse development. Development associated with
conservation shall be permitted. Passive recreational uses such as walking trails
may be permitted, provided that they will have no adverse effect on the site. Uses
that are complimentary to a recreational open space or conservation use may also
be permitted at Council's discretion. Such use may include animal grazing, or other
forms of agriculture.
3.
Marine Land Uses
Land between Waterfront Road and the shore of Robert's Arm has a history of
multiple land uses. These uses shall be allowed to continue as non-conforming
uses as indicated in the Town's Development Regulations. Vacant land in this area
shall be limited to recreation uses associated with marine use such as slipways,
wharves, and docks for recreational boating as designated on the Future Land Use
Map.
4.
Compatible Uses
Within the designated Conservation areas, recreational open space such as parks,
and their accessory uses may be permitted. Uses that are complementary to a
recreational open space use may also be permitted at the Council's discretion.
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5.
Conservation Buffer Waterbodies
Along the shoreline of all water bodies and water ways, a conservation buffer area
shall be established which includes all land within 15 metres of the high water mark
along shoreline. Proposed developments affecting water bodies or watercourses,
such as stream crossings, watercourse alterations, and other public works, may be
permitted in limited circumstances where it can be demonstrated the proposed use
will have a minimal adverse impact. The number and size of such activities shall be
limited in numbers. Any such proposed development shall be referred for review
and approval to the Department of Environment and Conservation, and the
Department of Fisheries and Oceans, and any other relevant agencies before
Council issues any permits for development.
6.
Preservation of Natural landscape
It is also essential that all the visual amenities and undevelopable areas such as the
shoreline, rivers, brooks, streams, flood plains, steep slopes, and rock outcrops are
preserved and retained in their natural state, This can add to the open space
system and complement the rural development patterns. Areas of scenic attraction
and with recreational potential shall be preserved and protected,
7.
Private Land Ownership
Where any lands designated for Conservation are under private ownership, this
Plan does not indicate that the lands will necessarily remain as Conservation
indefinitely, nor shall it be construed as implying that these Conservation areas are
free and open to general public or will be purchased by Council. If proposals to
develop any such lands are made and Council does not wish to purchase such
lands in order to maintain the Conservation designation, their applications for re-
designation of such lands for other purposes may be given due consideration by
Council.
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3.2.7 Recreation
The intent of the Plan is to designated lands used for active and passive recreational
needs of Robert's Arm residents and visitors.
Policies:
1.
Land Uses
Permitted uses include parklands, sports fields and playgrounds, linear trail systems
and pathways to serve pedestrians, bicyclists and cross-country skiers are
permitted.
Permitted recreational facilities shall include indoor and organized
facilities with such uses as social clubs, boy and girls club, recreation centre and
outdoor facilities such as sports fields, open concert/stage areas, and
picnic/camping parks. Other permitted uses may include office in association with a
permitted use, amusement, such as youth centre, and personal service such as a
gymnasium.
2.
Effects Surrounding Property
Development and operation of recreational facilities shall not impose adverse
effects on adjacent residential and other uses in terms of noise, traffic and hours of
operation.
3.
Recreation Uses
Additional recreational facilities shall be provided in areas where they are needed
and when the Town's financial resources permit. Since most of the regional and
local recreational facilities are less accessible to the older age groups, the provision
of additional facilities will give special consideration to these groups.
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4.
Town Recreation Facilities
Existing recreational facilities owned by the Town shall be properly equipped and
maintained. New playgrounds and recreation areas will be developed by both land
developers and the Council to meet the future recreational needs of the community.
5.
Trail Development
The development of passive recreation facilities such as walking or nature trails,
and associated interpretation programs may be permitted provided they will not
have an adverse impact on the natural environment and residential properties.
3.2.8 Cemetery
Within the Town there are a number of cemeteries. These lands are to be protected for
current land use and for future expansion within the Plan.
Policies:
1.
Land Use
Land designated Cemetery shall be protected and the only permitted uses shall be
those associated with the cemetery use, maintenance of the grounds, and any
accessory buildings.
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3.2.9 Watershed
The purpose of the protected watershed designation is to preserve the water quality of
Young's Pond/Dam Pond as the Town's municipal water supply. The boundaries of the
designation are intended to take in all lands which drain into the ponds.
Any development in the Young's Pond/Dam Pond Protected Watershed may affect the
quality or quantity of water and therefore must be protected from negative impacts of
development. The following policies will guide development in the Protected Water Supply
Area.
Policies:
1.
Land Use
Land designated Protected Water Supply shall be protected as the source for the
Town's drinking water supply. The only permitted uses shall be conservation and
passive outdoor recreation uses. Forestry harvesting activities and Silviculture,
mineral workings uses may be permitted within the Protected Watershed Area,
subject to the approval of Department of Environment and Conservation, Water
Resources Management Division and Department of Natural Resources.
2.
Permit Requirements
The Department of Environment and Conservation has designated Young's
Pond/Dam Pond Watershed area a protected public water supply area under the
Water Resources Act. Prior to the commencement of any development activity
inside the protected water supply area, a proponent shall obtain a permit under
Section 39 (6) of the Water Resources Act.
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3.
Public Utilities
Public Utilities may be permitted provided that they do not cause any adverse affect
on the quality or quantity of the water available from the water supply catchments
area.
4.
Mineral Workings
Mineral workings shall be limited to mineral exploration within the designated
Protected Watershed Area. Any exploration activities must be approved by the
Department of Environment and Conservation, Water Resources Management
Division and Department of Natural Resources, as well as the Town of Robert's
Arm.
3.2.10
Rural
The Rural area of Robert's Arm contains natural resources that have significant economic
and recreational value to the Town. Deposits of aggregate, timber stands and land are the
principle resources of importance in addition to the significant recreational and economic
value. The Rural area also provides a large resource area for passive recreational
activities such as snowmobiling and hunting.
The Rural designation has been placed on those lands that are intended to be used
primarily for rural resource and recreational open space uses. It is intended that the lands
so designated shall generally retain their present rural character with no development
permitted within this designation except those associated with agriculture, forestry, outdoor
recreation, resource conservation or other uses such as cottage areas as may be outlined
in this Plan.
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Uses that that are environmentally or hydrologically sensitive or for other reasons not
conducive to development or active recreational uses will be protected under the Rural
designation. Examples are steep or unstable slopes, drainage areas, bogs and ravines. In
these areas, protective rather than development measures shall take priority.
Activity concerning electric power transmission, other public utilities or road construction
and maintenance, consistent with the objective of retaining the qualities of the rural
environment, may also be permitted.
Policies:
1.
Land Uses
The uses permitted in the designated Rural areas include agricultural, forestry and
conservation uses; public or private recreational uses characterized by large areas
of open space, provided they do not detract from the rural character of the area;
2.
Compatible Uses
Other uses that are compatible with permitted uses may also be permitted at the
discretion of Council. These uses may include; single dwelling, rural industrial use,
service station, mineral workings, cemetery, outdoor markets, veterinary, and sports
fields/ playgrounds.
3.
Residential Use
Council has no intention of extending municipal services to rural designated lands.
Residential dwellings shall not be permitted, except as an accessory to a permitted
resource use.
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4.
Preservation of Agriculture Activities
New development shall not adversely affect existing agricultural uses or activities
within the Agricultural designation. Encroachment of non compatible use shall not
result in the limiting or discontinuance of a permitted agricultural use.
The Council shall give due regard to the impact of new agricultural development or
uses on existing adjacent development and to other development in close proximity
to the proposed agricultural development but which is located outside the
Agricultural designation.
5.
Mineral Working
Mineral exploration shall be permitted within the Rural land use designation. Mineral
workings include the extraction, exploration, processing or storage of gravel, sand,
rock or any other mined material, concrete and asphalt making, rock crushing,
quarrying, sand and gravel pits and other types of mining in general. Council will
prohibit all but very small scale mineral workings and related activities from taking
place within general view of roads and developed areas and will not allow
development of new mineral workings activity at any location in the Planning Area
where it would create a negative impact on visual amenities.
The mineral
development shall be limited visually from highways or local roads or developed
areas by buffers of vegetations.
Mineral extraction operations shall be conducted in a manner which will minimize
the adverse effects on water quality, fish and wildlife. All mineral operations will be
required to complete a site rehabilitation plan as a part of the development
application. Council will not permit other development activities within 150 m of
existing quarry operations that may jeopardize their operation or future expansion.
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4.0. IMPLEMENTATION
The Municipal Plan will be implemented over the next ten years through decisions of
Council and affected agencies such as the Departments of Municipal Affairs;
Transportation and Works; Environment and Conservation; Government Services; and
Natural Resources. Of particular importance to Council are the following:
-
effective administration of the Plan;
-
the adoption of annual capital works program;
-
adopting land use zoning, subdivision and advertisement regulations;
-
adopting development schemes; and
-
the procedure for considering amendments to the Plan
4.1
Administration of the Plan
For the purpose of administering the Plan, Council shall read the Future Land Use Maps
together with the goals, objectives and policies outlined in this document.
The boundaries of land use designations shown on the Future Land Use maps are meant
to be general, except where they coincide with roads or other prominent physical features,
where they define the exact limits. No amendment of this Plan is required to permit minor
adjustments to these boundaries. Other than such minor changes, no development shall
be permitted that does not conform to this Plan.
Once Council has determined that a development proposal conforms to the Plan, Council
will review the proposal and circulate it to all affected public departments and agencies.
Council's decision on a proposal will be based on the desire to guide the development of
Robert's Arm in the best long-term interests of its residents.
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All persons wishing to develop land for any purpose within the Robert's Arm Municipal
Planning Area shall apply to Council for permission through the established procedure.
Council may approve the application, approve it with conditions, or refuse it Any person
who is dissatisfied with the decision may appeal to the appropriate Appeal Board.
Before major land developments are approved, Council shall require the developer to sign
a development agreement The agreement shall set the conditions for development and
shall be binding to both parties. Conditions may also be attached to the development
permit.
Nothing in this Plan shall affect the continuance of land uses which are lawfully established
on the date that the Plan comes into effect, although their expansion, alteration, or
conversion may be limited in order to achieve the intent of this Plan.
4.2
Development Regulations
Development Regulations ensure that development takes place in accordance with the
framework of the land use policies of the Municipal Plan. The manner in which the
Regulations are drafted and the form in which they appear must comply with the
requirements of the Urban and Rural Planning Act.
Like the Municipal Plan, these
Regulations are binding upon the Council and all other persons and organizations. They
consist of five parts: General Regulations, General Development Standards,
Advertisement, Subdivision of Land, and Land Use Zones. The first four are similar for all
towns and communities in the province. However, the Land Use Zone section (Schedule
C), is tailored individually for each municipality.
I. General Regulations
Among other things, the General Regulations govern matters relating to the power
and council of a municipality to regulate development within its Planning Area and
establish conditions relating to the issuing of permits.
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II. General Development Standards
The General Development Standards relate to such matters as the siting of
buildings on building lots, building height, setback from the street, buffers between
certain types of development, parking and access requirements, non-conforming
uses and other related matters.
Ill. Advertisement
Advertisement regulations control the size, shape, location, siting, illumination and
material construction of advertisements for the protection of the safety and
convenience of the general public and neighbouring properties and the general
aesthetics of the Planning Area.
IV. Subdivision of Land
Subdivision regulations govern the development and division of larger parcels of
land into individual building lots. They include standards for street improvements,
lot sizes and lot layouts, procedures for dedicating land for public purposes and
other necessary requirements.
V. Land Uses Zones
Zoning is a means of ensuring that development conforms with the Plan, and that it
is properly situated and does not conflict with or adversely affect neighbouring uses.
It can ensure that new growth is concentrated within or adjacent to developed
areas, promoting a compact form to make the most efficient use of public services
and utilities.
Land Use Zone tables are presented in Schedule C of the
Development Regulations.
For each land use district a list of Permitted and
Discretionary uses is presented as well as conditions to which development must
conform before it may take place.
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Town of Robert's Arm
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4.3
Development Control
The Plan is a legal document which is binding upon all persons, groups, or organizations,
including the municipal Council.
Before any land development can take place, an
application must first be made to Council. Development may take place only after Council
has reviewed the application and granted approval. Anyone who fails to follow the required
application process or who otherwise violates the Plan or Regulations can be prosecuted
and ordered to remove any illegal structure and restore the site and buildings on it to their
original state.
Day-to-day administration of both the Plan and Development Regulations are the
responsibility of Council and its staff. It is their duty to implement the Municipal Plan
through the Development Regulations, to make recommendations to Council regarding
compatibility of development proposals with Plan policies, refer development applications
to outside agencies and to issue all required permits when approval is granted.
An application to develop must be made on the proper application form prescribed by
Council. All applications must show as accurately as possible the location of the proposed
development and include a plot plan showing the location of existing and proposed
buildings and structures on the proposed site. Council will examine the application and
determine whether or not it conforms to the requirements of the Development Regulations,
and the policies of the Municipal Plan. Development applications will be referred to
appropriate government departments or agencies or other organizations. Approval of the
application will be subject to their recommendations.
If the proposed development
conforms to all requirements then Council will approve the application and inform the
applicant and state any conditions that may apply. If the proposed development does not
conform to the Plan or Regulations, the application must be refused. Any applicant who is
dissatisfied with the decision of Council may appeal to an Appeal Board. The Appeal
Board shall either confirm the decision or determine that Council's decision be varied or
reversed.
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Town of Robert's Arm
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4.4
Capital Works
Capital works programs must conform to applicable policies and land use designations of
the Municipal Plan. Capital works projects must not contribute to sprawl, since that would
conflict with the Plan's goal of promoting compact development. It should be recognized
that extensions to roads/new roads required for (or as a part of) new development
(including residential subdivisions) are the responsibility of developers and not the
municipal or provincial governments. Improvements to local roads should be undertaken in
accordance with the town's financial capability (and in conformity with the Municipal Plan)
on a priority basis. Local roads are generally in good condition. The Town intends to
maintain and upgrade them as necessary and as funding becomes available.
The
development of additional recreational facilities should also be carried out on a year-to-year
basis subject to the town's financial capabilities.
4.5
Municipal Plan Amendment Procedure
This Plan has been prepared with the intent that no amendment be required during the
next five years, at the end of which another Plan Review will be undertaken. Major
changes in economic conditions or in policy direction, unforeseen at this time, could
however occur during the Planning Period.
Should an amendment to need to be considered, it will be given the same evaluation and
approval procedure as this Plan, including a public hearing with a Commissioner appointed
by Council. Evaluation of the proposed amendment will be compiled into a Background
Report. The proposed amendment will include policy statements, background reports,
and/or map changes. Any such amendment shall be read together and form part of this
Plan.
Any requests by an applicant for an amendment(s) to the Municipal Plan or Development
Regulations, the Town shall charge the costs to complete the amendment(s) to the
applicant. The authority to charge and collect the cost for the amendment(s) is granted to
the Town under section 27, Urban and Rural Planning Act.
Municipal Plan 2010-2020