South River, Newfoundland and Labrador
· adopted 2017-11-15
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Town of South River
Municipal Plan 2017--2027
Prepared for
Prepared by
The Town of South River
Baird Planning Associates
Urban and Rural Planning Act 2000
Resolution to Adopt
Town of South River Municipal Plan
2017 - 2027
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town
Council of South River adopts the South River Municipal Plan.
Adopted by the Town Council of South River on the 15th day of November 2017.
Signed and sealed this 14th day of December 2017
Mayor:
__________________________
Scott Rose
(Council Seal)
Clerk:
__________________________
Marjorie Dawson
Canadian Institute of Planners Certification
I certify that the attached Municipal Plan has been prepared in accordance with the
requirements of the Urban and Rural Planning Act 2000.
_______________________
John Baird, MCIP
(MCIP Seal)
Resolution to Approve
Town of South River Municipal Plan
2017 - 2027
Under the authority of Section 16, Section 17, and Section 18 of the Urban and Rural
Planning Act 2000, the Town Council of South River
(a)
Adopted by the South River Municipal Plan on the 15th day of November 2017.
(b)
Gave notice of the adoption of the South River Municipal Plan by advertisement
inserted on the 21st day of November 2017 in the Compass newspaper and on the
5th day of December 2017 in the Telegram newspaper.
(c)
Set the 7th day of December 2017 at the Town Hall, South River for the holding of a
public hearing to consider objections and submissions.
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000, the Town
Council of South River approves the South River Municipal Plan as amended to change the
boundaries of the Coastal Protection designation.
SIGNED AND SEALED this 14th day of December 2017.
Mayor:
__________________________
Scott Rose
(Council Seal)
Clerk:
__________________________
Marjorie Dawson
TABLE OF CONTENTS
1.
INTRODUCTION ............................................................................................................. 1
1.1
Purpose of the Municipal Plan ............................................................................................ 1
1.2
Plan Preparation .................................................................................................................. 1
1.3
Contents of the Municipal Plan ........................................................................................... 2
1.4
Municipal Plan Administration ........................................................................................... 2
1.5
Interpretation ....................................................................................................................... 3
2.
BACKGROUND REPORT .............................................................................................. 4
2.1
Geographical Setting ........................................................................................................... 4
2.2
Population ........................................................................................................................... 5
2.3
Households and Housing ..................................................................................................... 9
2.4
Agency Comments ............................................................................................................ 10
2.4.1
Provincial Archaeology Office ............................................................................ 10
2.4.2
Service NL ........................................................................................................... 11
2.4.3
Water Resources Division, Environment and Conservation ................................ 11
2.4.4
Climate Change Branch, Environment and Conservation ................................... 12
2.4.5
Mines Branch, Natural Resources ........................................................................ 13
2.4.5.1 Comments on Mineral Workings, Mineral Exploration and Mining ....... 13
2.4.5.2 General Comments on Municipal Plan Reviews ..................................... 16
2.4.6
Crown Lands, Municipal Affairs ......................................................................... 19
2.4.7
Agrifoods Development Branch, Fisheries, Forestry and Agrifoods ................... 19
2.5
Public Consultation ........................................................................................................... 21
3.
GOALS AND OBJECTIVES ......................................................................................... 23
3.1
Community Structure and Character ................................................................................. 23
3.2
Economic Growth and Development ................................................................................ 23
3.3
Environment ...................................................................................................................... 24
3.4
Health and Social Well-Being ........................................................................................... 25
3.5
Housing ............................................................................................................................. 25
3.6
Transportation ................................................................................................................... 26
3.7
Recreation and Open Space .............................................................................................. 26
3.8
Culture and Heritage ......................................................................................................... 26
3.9
Capital Works .................................................................................................................... 27
3.10
Governance ....................................................................................................................... 27
3.11
Municipal Finance ............................................................................................................. 28
4.
COMMUNITY WIDE POLICIES ................................................................................ 29
4.1
Policy Framework ............................................................................................................. 29
4.2
General Land Use Policies ................................................................................................ 30
1. General Layout of Town .............................................................................................. 30
2. Compatibility of Uses .................................................................................................. 30
3. Non-Conforming Uses ................................................................................................. 30
4. Land Development and Subdivision Proposals ............................................................ 31
5. Consolidation and Infill of Serviced Areas .................................................................. 33
6. Public Streets ................................................................................................................ 33
7. Public Access to Inland and Coastal Waters ................................................................ 34
8. Comprehensive Development ...................................................................................... 34
9. Adaptive Re-use of Existing Buildings and Properties ................................................ 34
10. Heritage and Archaeological Resources ..................................................................... 35
TABLE OF CONTENTS (continued)
11. Discretionary Uses ...................................................................................................... 35
12. Mineral Exploration .................................................................................................... 35
13. Mineral Working ......................................................................................................... 36
14. Forest Resources and Trees ......................................................................................... 36
15. Trails ........................................................................................................................... 36
16. Utilities ........................................................................................................................ 37
17. Provision for the Disabled and Elderly ....................................................................... 37
4.3
General Environmental Policies ........................................................................................ 38
1. General Environment .................................................................................................... 38
2. Watercourse and Wetland Protection ............................................................................ 38
3. Unstable and Poorly Drained Soils and Geology .......................................................... 39
4. Coastal Land .................................................................................................................. 39
5. Steep and Unstable Slopes ............................................................................................ 39
6. Storm Drainage ............................................................................................................. 39
7. Use of Discretionary Authority ..................................................................................... 40
4.4
Transportation Policies ...................................................................................................... 40
1. Consideration of Environmental Impacts ...................................................................... 40
2. Arterial Roads ............................................................................................................... 41
3. Collector Roads ............................................................................................................. 41
4. Local Streets .................................................................................................................. 42
5. Street Design and Construction ..................................................................................... 43
6. Provision for the Disabled and Elderly ......................................................................... 43
4.5
Infrastructure Policies ....................................................................................................... 43
1. Water Supply System .................................................................................................... 43
2. Sanitary Sewer System .................................................................................................. 44
3. Stormwater Management .............................................................................................. 44
4. Water and Sewer Requirements for New Development ............................................... 44
5.
LAND USE DESIGNATIONS ...................................................................................... 45
5.1
Environmental Protection ................................................................................................. 45
1. General Intent ................................................................................................................ 45
2. Land Use ....................................................................................................................... 45
5.2
Coastal Protection ............................................................................................................ 46
1. General Intent ................................................................................................................ 46
2. Land Use ....................................................................................................................... 46
3. Development Conditions ............................................................................................... 47
2. Excavation and Infilling of Coastal Land .................................................................... 47
5.3
Residential ......................................................................................................................... 47
1. General Intent ................................................................................................................ 47
2. Guiding Principles ......................................................................................................... 47
3. Land Use ....................................................................................................................... 48
5.4
Mixed Development .......................................................................................................... 49
1. General Intent ................................................................................................................ 49
2. Land Use ....................................................................................................................... 49
3. Compatibility of Uses ................................................................................................... 50
4. Guidelines ..................................................................................................................... 51
5. Other Municipal Plan Requirements ............................................................................. 51
6. Use of Discretionary Authority ..................................................................................... 51
TABLE OF CONTENTS (continued)
5.5
Commercial ....................................................................................................................... 52
1. General Intent ................................................................................................................ 52
2. Land Use ....................................................................................................................... 52
3. Compatibility with Neighbouring Areas ....................................................................... 53
5.6
Industrial ........................................................................................................................... 53
1. General Intent ................................................................................................................ 53
2. Land Use ....................................................................................................................... 53
3. Compatibility with Neighbouring Areas ....................................................................... 54
5.7
Open Space ........................................................................................................................ 54
1. General Intent ................................................................................................................ 54
2. Land Use ....................................................................................................................... 54
3. Take-out Food Service .................................................................................................. 55
5.8
Mineral Working ............................................................................................................... 55
1. General Intent ................................................................................................................ 55
2. Land Use ....................................................................................................................... 55
3. Environmentally Sensitive and Scenic Areas ............................................................... 55
4. Mineral Working ........................................................................................................... 56
5.9
Rural
.............................................................................................................................. 56
1. General Intent ................................................................................................................ 56
2. Land Uses ...................................................................................................................... 57
3. Environmentally Sensitive and Scenic Areas ............................................................... 57
4. Mineral Working ........................................................................................................... 57
5. Forest Management ....................................................................................................... 57
6.
IMPLEMENTATION ..................................................................................................... 58
6.1
Administration of the Plan ................................................................................................ 58
1. Map Interpretation ......................................................................................................... 58
2. Development Applications ............................................................................................ 59
3. Subdivision Proposals and Agreements ........................................................................ 59
4. Non-Conforming Uses .................................................................................................. 60
6.2
Public Participation ........................................................................................................... 61
6.3
Development Regulations ................................................................................................. 62
1. Council Responsibility .................................................................................................. 62
2. Content .......................................................................................................................... 62
6.4
Development Control ........................................................................................................ 63
1. Municipal Plan is Binding ............................................................................................. 63
2. Council Responsibility .................................................................................................. 63
3. Subdivision Development Applications ........................................................................ 63
4. Right to Appeal ............................................................................................................. 63
5. Provincial and Federal Referrals ................................................................................... 63
6.5
Amending the Municipal Plan and Development Regulations ......................................... 64
1. Municipal Plan Amendment ......................................................................................... 64
2. Stand Alone Amendment to Development Regulations ............................................... 64
South River Municipal Plan, 2017-2027
Baird Planning Associates
Page 1
1.0
INTRODUCTION
1.1
Purpose of the Municipal Plan
The South River Municipal Plan is a comprehensive policy document to manage development
and growth within the South River municipal planning area over the ten-year planning period
2017-27. The Plan repeals and replaces the South River Municipal Plan 1995-2005. This
document has been prepared in compliance with the Urban and Rural Planning Act 2000, (also
referred to as the Act).
The Plan was drafted following a comprehensive review of the former Municipal Plan and
Development Regulations and consultations with Council, residents, and appropriate government
agencies. Relevant planning issues have been reviewed as required under the Act, including a
study of land use, population change, economic and social issues, transportation, municipal
services, and environmental issues.
1.2
Plan Preparation
This Municipal Plan reflects the review of land use, environmental, demographic, social, and
economic issues, consultations with Town Councillors and staff, and public comments received
through the community participation process.
The Plan guides the future growth and physical improvement of the Town by identifying
locations and policies for various types of land use development. The Municipal Plan provides
the basis for the Land Use, Zoning, and Subdivision Regulations (generally referred to as the
Development Regulations), which Council will administer through subdivision approvals and
development permits. The Municipal Plan authorizes Council to prevent the undertaking of any
development that contravenes a policy stated in the Municipal Plan.
South River Municipal Plan, 2017-2027
Baird Planning Associates
Page 2
1.3
Contents of the Municipal Plan
The Municipal Plan, comprising this document and the accompanying Future Land Use Maps,
constitutes a legal document pursuant to the Urban and Rural Planning Act 2000. It contains:
- The aims of Council (goals and objectives).
- Land use policies for future development.
- Future Land Use maps, which allocate land for future development, environmental
protection, and natural resource uses.
The Background Report in Section 2.0 describes conditions in the town at the time the Municipal
Plan was prepared and provides the rationale behind policies contained in the Municipal
Plan. The Background Report does not form part of the legal document.
1.4
Municipal Plan Administration
After Ministerial approval of the South River Municipal Plan was published in the
Newfoundland and Labrador Gazette, the Plan became binding upon Council and all other
persons, corporations and organizations. Council administers the Municipal Plan by carrying out
the Plan's policies. This is done in several ways:
- By preparing and implementing the Development Regulations,
- By issuing development permits to applicants wishing to subdivide land, erect a building,
or change the use of a building or land, or conversely, refusing to issue permits for
developments that are not in accordance with the Plan, and
- By adopting or approving development schemes, concept plans, comprehensive plans,
and so forth.
In accordance with Section 25 of the Act, Council may make amendments to this Plan and
Development Regulations at any time. Amendments will be brought into effect by the same
process used to bring the Municipal Plan into effect. Sections 14 to 25 apply to an amendment to
the plan and development regulations.
South River Municipal Plan, 2017-2027
Baird Planning Associates
Page 3
1.5
Interpretation
In this Municipal Plan:
- "Council" means the Council of the Town of South River.
- "Development Regulations" mean the South River Land Use Zoning and Subdivision
Regulations.
- "Municipal Planning Area" means the South River Municipal Planning Area.
- "Town" means the Town of South River.
The boundaries between the different land use designations in the Municipal Plan are meant to
be general, except where the boundary is delineated by a road or other prominent feature in
which case it defines the exact limits between each designation.
Nothing in the Plan will affect the continuance of land uses that were lawfully established on the
date that this Plan came into effect.
South River Municipal Plan, 2017-2027
Baird Planning Associates
Page 4
2.0 BACKGROUND REPORT
This section sets the context for the South River Municipal Plan and includes an analysis of key
demographic, economic and social indicators, a population projection to 2026, and a forecast of
future housing needs.
2.1
Geographical Setting
South River is located in Conception Bay North at the juncture of three highways - Conception
Bay North Highway (Route 70), Hodgewater Line (Route 71), and Conception Bay Highway
(Route 60). It connects to the Trans Canada Highway, approximately 15 kilometres away, via the
Hodgewater Line and Veteran's Memorial Highway (Route 75). It borders the Town of Cupids
to the east, the Town of Clarke's Beach to the west, and the Local Service District of Makinsons
to the south.
Exhibit 2.1 - Regional Setting
South River Municipal Plan, 2017-2027
Baird Planning Associates
Page 5
Exhibit 2.2 - Municipal Boundaries
2.2
Population
Exhibit 2.3 compares population change in South River from 1996 to 2016 with Economic Zone
17, the region of which South River is a part, as well as the province as a whole. Over the 20-
year period, South River's population increased by 15.5 percent from 560 to 647 residents,
which compares to a decline of 5.8 percent over the same period in the province as a whole.
South River's growth occurred mainly between 1996 and 2006, and slowed to less than one
percent between 2006 and 2016.
Exhibit 2.3 also presents population age indicators. South River's population is aging quite
rapidly, with the median age climbing by 5.9 years (40.1 to 46.0) from 2001 to 2011. This
compares to increases of 4.1 years in Zone 17 and 5.6 years in the province as a whole. In
contrast, the national median age increased by a much smaller margin of 3.0 years over the same
period.
South River Municipal Plan, 2017-2027
Baird Planning Associates
Page 6
Exhibit 2.3 - Population Characteristics
(Source: Census Profiles)
South River
Zone 17
NL
Census Population
1996
560
44,196
551,792
2001
605
40,940
512,980
2006
649
39,850
505,470
2011
655
40,135
514,536
2016
647
n/a
519,716
5-Year Population Change
1996-01
8.0%
-7.4%
-7.0%
2001-06
7.2%
-2.7%
-1.5%
2006-11
0.9%
0.7%
1.8%
2011-16
-1.2%
n/a
1.0%
Median Age of Population
2001
40.1
38.0
38.4
2006
43.6
42.0
41.7
2011
46.0
42.1
44.0
Percent of Population 19 Years and Younger
2001
25.6%
24.3%
25.0%
2006
20.6%
21.3%
22.2%
2011
19.9%
17.1%
20.7%
Percent of Population 65 Years and Older
2001
14.9%
14.6%
12.4%
2006
15.0%
16.0%
14.0%
2011
12.8%
19.0%
15.9%
The aging of South River's population is reflected by the declining proportion of young people.
Between 2001 and 2011, the under -20 age group declined from 25.6 percent to 19.9 percent - a
drop of 5.7 percent. This compared to a drops of 7.2 percent (24.3% to 17.1%) in Zone 17 and
4.3 percent (25.0% to 20.7%) in the province as a whole. The Town's proportion of seniors (>64
years) decreased from 14.9 percent in 2001 to 12.8 percent in 2011 - a drop of 2.1 points. In
contrast over the same period, the proportion went up from 14.6 to 19.0 percent in Zone 17 and
from 12.4 to 15.9 percent in the province as a whole.
A town's population changes as a result of natural change (i.e. births minus deaths) plus
migration into and out of the community. Exhibit 2.4 shows the components of South River's
population change in the years 2008-2014. The estimate of net migration is estimated as the
difference between actual population change and natural change.
Exhibit 2.4 shows that South River experienced a net in-migration of 65 residents over in the
seven-year period, equal to about 10.5 percent of the population. In comparison, Zone 17
experienced a net in-migration of 3.3 percent while the province as a whole had 2.7 percent.
This indicates that migration into South River has been a more significant contributor to
population growth than in the surrounding region and the province.
South River Municipal Plan, 2017-2027
Baird Planning Associates
Page 7
While South River experienced a significantly higher rate of in-migration during the period than
the regional and the provincial benchmarks, this occurred entirely before 2012. From 2008 to
2011, an estimated 115 more people moved into South River than moved out. The trend reversed
from 2012 to 2014 when 50 more people moved out than moved in.
Exhibit 2.4 - Components of Population Change
(Source: Community Accounts - Tax Filer Indicators)
South River
Zone 17
NL
Pop'n
Start
Pop'n
End
Births
Deaths
Natural
Change
Net Migration
Net
Migration
Net
Migration
Number
Percent
2008
560
580
5
5
0
20
3.5%
0.6%
0.7%
2009
580
620
5
5
0
40
6.5%
0.8%
0.4%
2010
620
640
5
5
0
20
3.3%
-0.1%
0.1%
2011
640
670
0
5
-5
35
4.9%
0.4%
0.5%
2012
670
660
10
15
-5
-5
-0.8%
0.1%
0.2%
2013
660
640
15
10
5
-25
-3.8%
0.8%
0.4%
2014
640
620
5
5
0
-20
-3.1%
0.7%
0.4%
Total
45
50
-5
65
10.5%
3.3%
2.7%
Exhibit 2.5 - Population by 5-Year Age Groups, 2011
South River
NL
Canada
Total
Percent
Total
Percent
Percent
0-4
30
4.5%
19.5%
24,495
4.8%
20.6%
23.2%
5-9
40
6.0%
25,100
4.9%
10-14
35
5.3%
27,030
5.2%
15-19
25
3.8%
29,585
5.7%
20-24
35
5.3%
29.3%
30,050
5.8%
30.9%
32.9%
25-29
40
6.0%
28,310
5.5%
30-34
35
5.3%
29,280
5.7%
35-39
40
6.0%
33,375
6.5%
40-44
45
6.8%
38,020
7.4%
45-49
60
9.0%
38.3%
42,225
8.2%
32.5%
29.1%
50-54
60
9.0%
43,185
8.4%
55-59
70
10.5%
42,645
8.3%
60-64
65
9.8%
39,135
7.6%
65-69
30
4.5%
12.8%
28,740
5.6%
16.0%
14.8%
70-74
20
3.0%
20,115
3.9%
75-79
15
2.3%
14,620
2.8%
80-84
20
3.0%
10,075
2.0%
85+
0
0.0%
8,550
1.7%
Total
665
100.0%
100.0%
514,535
100.0%
100.0%
100.0%
South River Municipal Plan, 2017-2027
Baird Planning Associates
Page 8
Exhibit 2.5 provides a breakdown of South River's 2011 population by 5-year age intervals. It
shows that 67.6 percent of the Town's residents are in the main working age group of 20-64,
compared to 63.9 percent in the province and 62.0 percent in Canada.
The under-20 age group comprises 19.5 percent of South River's population, slightly lower than
the provincial proportion of 20.6 percent and almost four points lower than the national
proportion of 23.2 percent.
South River's population of seniors, at 12.8 percent, is significantly lower than it is at the
provincial level (16.0%) and national level (14.8%).
Exhibit 2.6 provides a population forecast for South River derived from Provincial government
projections for Economic Zone 17 and the province. It assumes that population change in South
River will be the median of the provincial and regional rates. If this holds true, the population
can be expected to decrease from 655 in 2011 to 625 by 2031, a drop of 4.6 percent.
Exhibit 2.6
Population Forecast
Province
Zone 17
South River
5-Year Change
5-Year Change
5-Year Change
Year
Pop'n
Number
Percent
Pop'n
Number
Percent
Percent
Number
Pop'n
Actual
Actual
Actual
2001
512,980
40,940
605
2006
505,470
-7,510
-1.5%
39,850 -1,090
-2.7%
7.3%
44
649
2011
514,536
7,066
1.8%
40,135
285
0.7%
0.9%
6
655
2016
519,716
5,180
1.0%
40,428
293
0.7%
-1.2%
-8
647
Projected
Projected
Projected*
2021
507,449
-12,267
-2.4%
38,736 -1,692
-4.2%
-3.3%
-21
626
2026
496,859
-10,590
-0.2%
37,604 -1,132
-2.8%
-1.5%
-9
627
2031
502,398
5,539
1.1%
36,769
-835
-2.2%
-0.6%
-4
623
Source: Projections for Province and Zone 13 are from NL Population Forecast - Medium
Scenario.
*South River projection assumes a rate of change equal to the median of the Province
and Zone 17.
The population forecast for South River shows a decline of 24 residents, or 3.7 percent, from
2011 to 2031. This projection does not consider the possibility of a significant economic change
affecting South River in the next few years. An economic stimulus in the region could positively
impact the town's population. Correspondingly a reduction in economic activity would have a
negative population effect.
South River Municipal Plan, 2017-2027
Baird Planning Associates
Page 9
2.3 Households and Housing
Exhibit 2.7 compares household and housing characteristics in South River with the surrounding
region (i.e. Zone 17) and the province as a whole. Between 2001 and 2011 the number of
households in South River increased from 190 to 245, an increase of 41.1 percent, while the
average number of residents per household dropped from 3.18 to 2.67. In 2011, the 2.67
residents per household in South River compared to 2.47 in the region and 2.43 in the province.
In 2011 family households made up approximately 77.6 percent of South River's total
households, compared to 74.5 percent provincially and 77.3 percent regionally. Non-family
households made up 22.4 percent in South River compared to 25.5 percent provincially.
Exhibit 2.7
Household Characteristics (Community Accounts - Housing)
South River
Zone 17
NL
All Private Households 2001-11
2001
190
14,855
189,045
2006
220
15,540
197,185
2011
245
16,220
208,842
Change 2001-11
41.1%
9.2%
10.5%
Average Household Size
Persons/Household 2001
3.18
2.76
2.71
Persons/Household 2006
2.95
2.56
2.56
Persons/Household 2011
2.67
2.47
2.43
Household Type
One Family
190
77.6%
75.2%
72.7%
Multiple Family
0
0.0%
2.1%
1.8%
Non-Family
55
22.4%
22.7%
25.5%
245
100.0%
100.0%
100.0%
Family Households
Total Families
190
100.0%
100.0%
100.0%
Couple Families
160
84.2%
86.5%
84.7%
Lone-Parent Families
30
15.8%
13.5%
15.3%
With Children at Home
110
57.9%
53.6%
55.8%
Exhibit 2.8 compares South River's occupied housing stock with the other benchmark areas.
Occupied dwellings include all dwellings that are permanently occupied, but exclude dwellings
that are not occupied on a full-time basis.
Detached dwellings dominate the housing stock in South River at 96.0 percent of the total. This
is similar to the surrounding region, but is in contrast to the province as a whole, where detached
dwellings comprise 73.4 percent, a much lower proportion of the housing stock.
South River Municipal Plan, 2017-2027
Baird Planning Associates
Page 10
Exhibit 2.8 - Dwelling Types, 2011
(Community Accounts - Housing)
South River
Zone 17
NL
Detached house
240
96.0%
93.6%
74.3%
Apartments
5
2.0%
3.8%
5.8%
Other
5
2.0%
2.6%
19.9%
Total
250
100.0%
100.0%
100.0%
Exhibit 2.9 provides data on the age and condition of housing in South River and the
benchmarks. As of 2011 58.8 percent of the town's houses were more than thirty years old
compared to 61.4 percent in Zone 17 and 56.8 percent in the province as a whole.
Exhibit 2.9 also compares the condition of housing in South River compared to the benchmarks.
It shows that housing conditions in the town are similar to the regional and provincial
benchmarks with 9.2 percent of houses requiring major repairs compared to 8.3 percent in Zone
17 and 8.2 percent in the province.
Exhibit 2.9 - Housing Age and Condition
(NHS 2011 - Housing)
South River
Zone 17
NL
Period of Construction
Before 1960
58
23.0%
26.0%
21.8%
1961-1980
90
35.8%
35.4%
35.0%
1981-1990
32
13.0%
17.1%
17.7%
1991-2000
44
17.8%
11.1%
11.9%
2001-2011
26
10.4%
10.4%
13.6%
650
100.0%
100.0%
100.0%
Condition of Dwellings
Needs regular
maintenance
227
90.8%
91.7%
91.9%
Needs major repairs
23
9.2%
8.3%
8.2%
2.4
Agency Comments
This section presents information and comments received from government resource agencies on
matters they would like to be addressed in the Municipal Plan review.
2.4.1 Provincial Archaeology Office
The Provincial Archaeology Office (PAO) has reviewed the above referral and has no
archaeological concerns. There is always the possibility for archaeological resources to be
discovered within the Municipal Planning Area. In the event that such resources are encountered
contact should be made with the PAO immediately for further direction.
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2.4.2 Service NL
Any development on the referenced property may require permits and/or approvals from the
Government Service Centre. It is advised that prior to the start of any development, the
proponent contact the Regional Office of the Government Service Centre, 7-9 Roddick Crescent,
P.O. Box 512, Harbour Grace, NL, A0A 2M0, Telephone (709) 945- 3107, Fax 709-945-3114 to
discuss any relevant permits and or approvals that may be required.
2.4.3 Water Resources Division, Department of Environment and Conservation
Under the authority of the Water Resources Act, the Water Resources Management Division is
responsible for managing water resources of the province. The WRMD has programs to protect,
enhance, conserve, develop, control, and effectively utilize the water resources of the province.
General Comments
- Any effluent or runoff leaving the site will be required to conform to the requirements of
the Environmental Control Water and Sewage Regulations, 2003.
http://assembly.nl.ca/Legislation/sr/regulations/rc030065.htm
- Application forms for permits and licences, fee schedules, and guidelines are available at
http://www.env.gov.nl.ca/env/waterres/regulations/appforms/index.html.
Work in a Body of Water
- Proponents must apply for and obtain a permit under the Water Resources Act,
specifically Section 48 (http://assembly.nl.ca/Legislation/sr/statutes/w04-01.htm) for any
work in any body of water (including wetlands) prior to the start of construction. Contact:
Manager, Water Rights & Investigations Section - (709) 729-4795.
- The Water Resources Management Division no longer requires permits under Section 48
of the Water Resources Act for works within 15 meters of water bodies (including
wetland). This does not apply to Flood Risk Areas or work IN a body of water. The
Regional Crown Lands office should be consulted to determine if work is being
completed within a Crown Lands reservation (may be around waterbodies, streams, lakes,
ponds, coastal areas, etc.)
- The Water Resources Management Division generally does not recommend approval for
construction of residential (single dwelling or subdivision) properties, especially if un-
serviced, within wetland areas. There is a risk that adjacent properties could have water
quality or quantity issues from these developments. As well, the Water Resources
Management Division does not recommend approval for the infilling of water bodies, nor
the diversion of streams to accommodate residential development.
Wharf/Boathouse/Slipway/Breakwater
- A permit under Section 48 of the Water Resources Act is no longer required for the
applied structures. However, proponents must follow the guidelines for the Construction
and Maintenance of Wharves, Breakwaters, Slipways and Boathouses available at:
www.env.gov.nl.ca/env/waterres/regulations/appforms/Guidelines_for_Wharves.pdf
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- Proponents must apply for and obtain a permit under of the Water Resources Act,
specifically Section 48 for any infilling or dredging work associated with these structures
or other works in any body of water prior to the start of construction.
Constructing a Non-Domestic Well
- In the event any development that is not a single family home is considered and to be
serviced by a groundwater well, the proponent must apply for and obtain a Permit for
Constructing a Non-Domestic Well under the Water Resources Act, specifically Section
58 for new drilled well(s) along with following necessary groundwater monitoring
requirements prior to the start of construction. Contact: Manager, Groundwater Section -
(709) 729-2539
Unserviced Subdivisions
-
In the event of development of more than four residential lots on an individual well and
septic the proponent will be required to complete a Level I Groundwater Assessment as
per the Department of Environment and Climate Change's Guidelines: Groundwater
Supply Assessment and Reporting Guidelines for Subdivisions Serviced by Individual
Private Wells under the Water Resources Act, 2002, Section 62.
These guidelines require a Level II Groundwater Assessment in the event of known water
quality issues. A completed report must be submitted, reviewed and approved by this
Department prior to any permitting by Service NL for waste disposal or septic systems
within the proposed subdivision.
Website:
http://www.env.gov.nl.ca/env/waterres/regulations/appforms/unserviced_subdivision_gw
_assessment_guidelines_dwh_revisions.pdf
Contact: Manager, Groundwater Section - (709) 729-2539
2.4.4 Climate Change Branch, Department of Environment and Conservation
-
Climate change is expected to result in more precipitation and more frequent extreme
weather events that may result in increased flooding, sea surge and coastal erosion. These
factors should be considered when allocating land for future developments that are in
close proximity to a river, floodplain or coastline.
-
CCB suggests that provincial climate change projections for St. John's Airport (nearest
regional site) be considered in any development stages. These projections suggest that
extreme precipitation events will become more intense. For example:
-
On a 24-hour basis, a 1-in-100 year storm is expected to bring 159 mm of
precipitation by mid-century, an increase from the current climate's 136 mm (17%
growth); and
-
On a 12-hour basis, a 1-in-100 year storm is expected to bring between 144 mm of
precipitation by mid-century, an increase from the current climate's 121 mm (19%
growth).
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-
More information on climate data can be provided by contacting Kyle (729-1394) or on
pages C-100 (current climate) and D-11 (projected climate) at the following link:
www.exec.gov.nl.ca/exec/ccee/publications/idf_curve_2015.pdf
-
Further, CCB suggests that coastal erosion and sea-level rise data be utilized in any
development stages. Information is available at the following links:
Coastal Erosion:
http://www.nr.gov.nl.ca/nr/mines/geoscience/publications/currentresearch/2015/
Irvin e-2015.pdf
Sea-level rise:
http://www.nr.gov.nl.ca/mines&en/geosurvey/publications/CR2010/2010_Batterson-
Liverman.pdf
- CCB advises of recent updates (Section 9.36) to the National Building Code, which now
includes energy efficiency requirements for new buildings. All municipalities in the
province must comply with these new energy efficiency requirements for new
developments within the municipality.
2.4.5 Mines and Energy Division (Mines Branch) Department of Natural Resources
2.4.5.1 Comments on Mineral Workings, Mineral Exploration and Mining
The Mines Branch, Department of Natural Resources, regulates quarrying, mineral exploration,
and mining within the province. Quarrying (generally referred to 'mineral workings' in municipal
and planning documents) and mineral exploration are widespread activities throughout the
province. Quarrying in South River dates back decades in the still active Springfield Pit Quarry
Area which is zoned Mineral Workings. The Town of South River Municipal Planning Area
does not have a history of mineral exploration, at least not in recent decades. That being said, the
Town of South River Municipal Planning Area may one day attract exploration interest
The Mines Branch offers the following general advice to consider when drafting or revising a
Municipal Plan and Development Regulations.
1. Mineral exploration and mineral workings should be defined separately. Mineral workings
refers to quarrying whereas mineral exploration refers to the search for mineral deposits.
Mineral exploration ranges from hobby prospecting to advanced techniques such as trenching
and diamond drilling. Mineral exploration generally has a much lower environmental impact
than mineral workings and should not be subject to the same set of municipal regulations and
zoning restrictions. Quarrying and mineral exploration are already highly regulated activities
and the permitting process for each involves the municipality when the proposed activity is
located within a municipal planning area; we ask that municipalities take this into account
when developing their municipal plans and development regulations. The following are
summaries of how quarrying and mineral exploration are regulated in the province:
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(a) The Mineral Lands Division, Mines Branch, Department of Natural Resources,
administers the Quarry Materials Act, 1998, under which quarrying may be approved by
the issuance of either a quarry permit or lease. Quarry permits are issued for no longer
than one year and are not subject to renewal, though the holder of a quarry permit one
year gets the first opportunity to apply for a quarry permit covering the same area next
year. Once a quarried area is no longer covered by a quarry permit, then the most recent
quarry permit holder is required as a condition of that permit to rehabilitate the site by
re-sloping pit sides and placing stockpiled organic materials back over the site. Quarry
leases are issued instead of quarry permits where a longer term need has been
demonstrated, are issued for a period no longer than 20 years, and require a
development and reclamation plan and the posting of financial assurance with the
Department of Natural Resources in an amount sufficient to complete the reclamation
work outlined in the plan should the company be unable to. Development and closure
plans and the amount of financial assurance are reviewed and approved by the
department and are required to be kept up to date. All applications for quarry permits
and leases for areas located within a municipal planning area are referred to the
municipality, in addition to other government agencies, and terms and conditions are
drafted to address any specific concerns raised during the referral process. The Mineral
Lands Division has three regional quarry compliance officers who carry out inspections
year-round to ensure that the terms and conditions of quarry permits and quarry leases
are adhered to, including that rehabilitation, once due, is completed as required. Should
a town have concerns about any quarrying activity, whether before or after the issuance
of a quarry permit or lease, the town should contact the Mines Branch, Mineral Lands
Division in order to have the concerns addressed.
(b) The Mineral Lands Division, Mines Branch, Department of Natural Resources,
administers the Mineral Act under which mineral licences are issued and within the
bounds of which mineral exploration may be approved by the issuance of an
"exploration approval". Exploration approvals are generally issued for no longer than
one year. Applications for exploration approval involving areas within a municipal
planning area and where the activities proposed may involve ground disturbance,
wildlife disturbance, water quality impairments, or foreseeable land use conflict, are
referred to the municipality (in addition to other government agencies), and terms and
conditions are drafted to address any specific concerns raised during the referral
process. That being said, basic environmental requirements for mineral exploration are
already set out in the Mineral Regulations under the Mineral Act, for example, that all
excavated, stripped, and grubbed sites be rehabilitated by backfilling or re-contouring,
as appropriate, and then placing stockpiled organic materials back over the site. The
Mineral Lands Division conducts inspections year-round to ensure that the Mineral
Regulations and the terms and conditions of exploration approvals are adhered to,
including that rehabilitation, once due, is completed as required. Should a town have
concerns about any mineral exploration activity, whether before or after the issuance of
an exploration approval from the Department of Natural Resources to conduct the work,
the town should contact the Mines Branch, Mineral Lands Division in order to have the
concerns addressed.
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2. A distinction should be made between mineral exploration that is classed as development and
not classed as development. Mineral exploration that is not classed as development by virtue
of minimal or no visible impact (e.g. prospecting, ground geophysical surveys, geochemical
sampling surveys) should be allowed anywhere in the planning area. Mineral exploration that
is classed as development (commonly defined as involving significant ground disturbance or
another conspicuous impact) should be at least a discretionary use in all zones, provided that
the work is subject to conditions appropriate to the use zone and which address any other
concerns specific to the location.
3. Mineral exploration associated with mineral licences (or mining leases or impost lands) whose
issuance date is earlier than a zoning or other planning decision, which restricts or disallows
mineral exploration, should be considered a non-conforming use as per section 108 of the
Urban and Rural Planning Act, and allowed to continue accordingly.
4. Mineral workings (quarrying) at quarry sites established before a zoning or other planning
decision which restricts or disallows mineral workings should be considered a non-
conforming use as per section 108 of the Urban and Rural Planning Act, and allowed to
continue accordingly.
5. Normally the Mines Branch advises that mineral workings should be a permitted use in areas
zoned Rural and at least discretionary in other relatively undeveloped zones in order to ensure
that there is adequate space for quarrying within the Planning Area to meet present and future
demand for construction aggregate and fill in the town, however, the Town of South River
already contains a large Mineral Workings zone. Policy 4 under Section 2.3.5 of the current
Municipal Plan states that "Suitable areas under the Rural designation may be used for further
quarry development should the need arise, provided all applicable policies and regulations are
complied with," however 'mineral workings' is not listed as a discretionary (or permitted) use
for the Rural Zone. If the Town decides to retain this policy then 'mineral workings' should
be added as a discretionary use for the Rural zone. I note that most municipalities in the
province allow 'mineral workings' as a permitted or discretionary use in the Rural zone,
however, that being said, most municipalities do not have a dedicated Mineral Workings zone
like South River.
6. High-quality aggregate is a valuable and potentially scarce resource and the cost of
construction aggregate increases significantly with transportation distance, and this is why it
may not be prudent for municipalities to rely on more distant quarries to meet local demand.
Low-lying parts of the Town of South River MPA, from Goulds Brook north to Salmon Cove,
are recognized for their aggregate resource potential, and indeed the long established
Springfield Pit Quarry Area is located in this expanse of low-lying ground.
7. Development Regulations typically establish minimum separation distances or buffers
between mineral workings and adjacent uses. Development Regulations should also contain a
statement to the effect that, where a minimum required distance was originally observed when
choosing the location of the quarry, quarrying should not be discontinued or impeded where
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the buffer is reduced to less than the required distance due to encroachment of development
towards the quarry.
8. Quarry materials produced as a by-product of an approved development may be removed from
the development site provided that royalties are paid to the province as required by the Quarry
Materials Act, 1998. For example, site preparation to construct a building involves removing
topsoil, overburden, and possibly rock from the footprint area; these materials may be retained
or re-used on the development site (no royalties due) or removed from the site (royalties due).
In order to ensure that royalties due the province are paid, it is necessary that the Department
of Natural Resources be made aware of approved developments where the removal of quarry
materials is taking place or may take place. The Development Regulations should contain a
statement to the effect that "For approved developments where the extraction of quarry
materials is occurring or may be expected occur, the Town shall send a copy of the
development permit to the Mineral Lands Division, Department of Natural Resources. Note
that quarry materials include but are not limited to aggregate, fill, rock, stone, gravel, sand,
clay, borrow material, topsoil, overburden, subsoil, peat."
9. In the Table of Use Classes, mineral workings, mineral exploration, and mining should each
be listed as their own, distinct Use Class. The same applies to petroleum exploration and
extraction.
If there are any questions about any aspect of quarrying or mineral exploration or the above
comments, please contact Stephen Hinchey, Exploration Monitoring and Land Use Geologist,
Mines Branch, Department of Natural Resources, at 729-5748 or [email protected].
2.4.5.2 General Comments on Municipal Plan Reviews
Also, as part of this response, the following comments are provided as a general statement from
the Geological Survey of Newfoundland and Labrador, Department of Natural Resources. Some
of the areas of discussion may not apply to the community under review. More details can be
provided by contacting: Martin Batterson, Director Geological Survey of Newfoundland and
Labrador Phone (709) 729-3419.
Email: [email protected].
- Newfoundland and Labrador has a long history of geological disasters with over 290
incidences of geologically-related impacts having been recorded from 150 communities in the
province over a 223-year period. There are likely numerous unrecorded events that have
occurred in areas currently within municipal boundaries at a time when there was no impact
on infrastructure. With community expansion and the pressure for development, these areas
may be considered for residential or commercial uses. To assist the municipal planning
process in identifying areas of geological hazard, the Geological Survey has begun a project
to identify areas at risk of geologically-related events (landslide, rockfall, avalanche, coastal
erosion, flooding) within municipalities in the Province.
(http://www.nr.gov.nl.ca/mines&en/geosurvey/disasters/)
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- The sections below on flooding, landslide and rockfalls, coastal erosion and climate change
should be considered in planning decisions:
Flooding
- Flooding affects both inland and coastal areas. River flood plains are those areas adjacent to
modern rivers that overflow their banks during storm events or as a result of ice jams. Low-
lying coastal areas may be inundated by the sea during storm surge events, especially if
coastal protection (including beaches) is breached. Areas at river mouths are particularly
vulnerable during river flooding during periods of unusually high tide or storm events. Flood
risk maps for many areas of the Province have been released by Environment Canada and the
Newfoundland Department of Environment and Conservation. These maps indicate historical
events and show areas of potential threat from 1:100 year flood events. The responsibility for
flooding related issue lies with the Water Resources Division, Department of Environment
and Conservation, and they should be consulted on this subject. Historical flood events have
been
compiled
in
the
Geological
Survey's
database
of
geological
disasters
(http://www.nr.gov.nl.ca/mines&en/geosurvey/disasters/).
Landslide and rockfall
- Rockfall and landslide are common in Newfoundland. They are commonly triggered by heavy
rainfall on steep slopes. Any development at the base of a steep slope should consider rockfall
potential.
- These are slope processes that involve the downslope movement of material (unconsolidated
sediment, bedrock and snow) in response to gravity. The slope angle and sediment
characteristics are important factors that influence slope stability. Rockfalls are the downslope
movement of boulders, either by free fall, rolling or sliding. These boulders may be dislodged
by freeze-thaw activity, erosion beneath the boulder, bedding plane failure or through human
activity. Rockfall may also impact a slope below and trigger a landslide. Rockfalls tend to
occur repeatedly, forming a talus cone of boulders at the foot of a steep slope. For single-
block rock falls, the concept of a 'shadow angle' is well established. The shadow angle is
defined by the angle below horizontal formed by the line lying between the apex of the slope
subject to rock fall and the extreme position of rock fall debris (boulders). Numerous studies
have shown this to be between 22° and 30°.
- Landslides involve the downslope movement of unconsolidated material under the influence of
gravity, and are capable of producing widespread damage. In Newfoundland and Labrador
landslides are commonly triggered by heavy rain or snowmelt, which introduce large
quantities of water to the slope. Sediment becomes saturated beyond its shear strength, at
which point, movement occurs. This movement may be rapid (e.g., debris flows) or slow
(e.g., creep). Historical landslide events have been compiled in the Geological Survey's
database of geological disasters (http://www.nr.gov.nl.ca/mines&en/geosurvey/disasters/).
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Avalanches
- Avalanches are another rapid form of slope movement. They generally consist of a
combination of snow and ice, but may include sediment, rock, and vegetation. To occur, they
require heavy snowfall (either introduced by precipitation or wind), and a steep (30°-50°)
slope. The trigger for avalanche is commonly heavy snowfall over a smooth surface, produced
from either a rapid fall in temperature in the days preceding the snowfall or from a period of
freezing rain or burial of a weak layer in the snow. Alternatively, high winds blowing over a
slope may create a cornice which may break off, falling to the slope below and triggering an
avalanche. Historical avalanche events have been compiled in the Geological Survey's
database of geological disasters (http://www.nr.gov.nl.ca/mines&en/geosurvey/disasters/).
Coastal erosion
- Large parts of the coastline of Newfoundland and Labrador are composed of cliffs of
unconsolidated (non-rock) material. These areas are stable if covered by vegetation, but may
erode quickly where exposed to waves. Rates of coastal recession up to 1m per year have
been recorded in the province. Bedrock cliffs also erode, albeit at a slower rate.
- Although there are Provincial regulations regarding development in relation to the high water
mark, in areas of unconsolidated material forming coastal cliffs or unconsolidated sediment
on bedrock however, set back from the cliff edge is, in our opinion, a more appropriate
measure. Based on an average recession rate of 15 cm per year and a 100 year life span for a
structure, we recommend a setback of at least 30m (twice the average erosion rate times 100
years) from the cliff top to any planned residential or commercial development. A longer limit
should be considered in those areas where more active recession is noted.
- The Geological Survey has recently initiated a coastal monitoring program that will provide
data on rates of coastal erosion for the Province. For more information on coastal
vulnerability
contact
Melanie
Irvine
at
the
Geological
Survey
(729-3489
or
[email protected]).
Climate Change
- Wave magnitude and the frequency of extreme wave events (including storm surge) may be
expected to increase if predictions of global climate change and associated global sea level
rise occur. In Newfoundland and Labrador, the crust continues to move, albeit slowly, in
response to the last glacial period. Most of the Island of Newfoundland is currently
experiencing rising sea level, which will exacerbate the sea level rise as a result of climate
change. Over the next century sea level is be expected to rise by over 1 metre in eastern
Newfoundland, 80-90 cm in western and southern Newfoundland, and less than 70 cm in
Labrador;
sea-level
rise
will
continue
beyond
2099
(http://www.nr.gov.nl.ca/nr/mines/geoscience/publications/currentresearch/2010/batterson_liv
erm an.pdf).
- Rising sea level will increasingly threaten our coastline and thus planning should restrict
development in low-lying areas or those adjacent to cliff edges that may experience enhanced
erosion. The increased risk of coastal erosion may be accentuated by increasing pressures on
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the coast for residential development. Based on the potential future impact of sea level rise
and storm surge, areas below the present 2 m contour are considered to be highly
vulnerable to coastal flooding. Development within this area should be restricted to ensure
that appropriate mitigation measures are employed. These could include coastal protection
measures or enhanced engineering standards, although communities may choose to remove
- these areas from development. Areas above the present 2 m contour may also be at risk from
coastal flooding, including storm surge.
- The Government of Newfoundland and Labrador (Office of Climate Change and Energy
Efficiency) commissioned a study of the projected impacts of climate change in the province
for the period 2038-2070. The 2013 report, prepared by Dr. Joel Finnis of Memorial
University, incorporated data from 7 regional climate model (RCM) simulations provided by
the North American Regional Climate Change Assessment Project (NARCCAP). Model
projections were compared against observations collected by Environment Canada (EC)
climate stations in the province. With regards to predicted changes in temperature and
precipitation the report highlights that the climate will become warmer (especially winter
temperatures) and wetter (both intensity and duration) and that an increase in rain-on-snow
events is likely. The latter could lead to an increased potential for flooding and landslides/
avalanches. Details of the climate change projections report can be found at:
http://www.turnbackthetide.ca/whatsnew/2013/nl_climate_change_projections_summary.pdf
2.4.6 Crown Lands, Department of Municipal Affairs
- Crown land applications within the area are required to be accompanied by an approved
Municipal Recommendation form.
- There are numerous existing titles and sites under application for Crown lands within the
South River Planning Area - proposed plans should take this into account as well as to
giving consideration to some possible future land uses.
2.4.7 Agrifoods Development Branch, Department of Fisheries, Forestry, and Agrifoods
- The Agrifoods Development Branch has reviewed the proposal submitted to ILUC by the
Department of Municipal Affairs regarding the Town of South River's Municipal
Planning Review. Attached for you information is a map containing the most recent
information available to the Branch showing all known agricultural land use in the South
River area.
- The Branch's mandate includes protecting existing and future agricultural activity,
small or large scale. Land and soil for agricultural development is limited within this
province and its protection is vital. Regarding the proposed Municipal Planning Review,
existing 10 agriculture properties and development must not be negatively impacted and
allowed to expand where permissible. This includes properties not identified on the
attached map such as small-scale home gardens.
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- As can be seen on the attached map there are several agriculture properties within the
Proposed Municipal Planning Area. The zoning for these areas must have agriculture as a
permitted use.
- Blueberry areas should be referred to as "agriculture areas" to encompass all
agriculture activities.
- Part II of General Development Standards, Regulation 40(1)(b) states "The structure
shall be at least 60 metres from the boundary of the property on which it is to
be erected..." It should be noted that Provincial Guidelines recommend 45 metres.
- The definition for "Animal Unit" within the town plan is inconsistent with
provincial guidelines and recognized definitions. The Branch requires that it be changed
to reflect the definitions indicated in the attached documents from the Environmental
Farm Practices Guidelines for Livestock Producers in Newfoundland and Labrador and
the Environmental Farm Practices Guidelines for Poultry Producers in Newfoundland and
Labrador.
- If changes are made to the Municipal Plan, the Branch would like to review/provide input
on it prior to implementation.
- Should you have any questions or if you would like to discuss, please do not hesitate to
contact Coolene Brake, Land Management Specialist at 637-2896 or [email protected]
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Animal Unit Equivalents (AU)
Type of Livestock
Avg. Weight per
Animal (kg)
Number of
Livestock = 1 AU
Number of AU
per Livestock
Dairy cows
545 - 640
1
1.2 - 1.4
Heifers
300
2
1.3 (0.66 each)
Veal
91
5
1 (0.2 each)
Bulls
545
1
1.2
Beef cattle
360
2
1.6 (0.79 each)
Sows (F to F)
454
1
1
Sows
150
3
1 (0.33 each)
Hogs
75
6
1 (0.165 each)
Boars
150
3
1 (0.33 each)
Sheep (ewes)
54
8
1 (0.119 each)
Sheep (lamb)
27
16
1 (0.059 each)
Goats
64
7
1 (0.141 each)
Foxes (w/Litter)
11.35
40
1 (0.025 each)
Mink
3
150
1 (0.007 each)
Rabbits
2.27
200
1 (0.005 each)
Laying Hens
1.8
252
0.00396
Broilers
.9
500
0.0019
Pullets
1.3
350
0.0029
Broiler turkey
6.5
70
0.0143
Heavy turkey
7.5
60
0.0165
Heavy toms
12
40
0.0264
Note: One animal unit is equivalent to 454 kg (1,000 lb.) live weight
Source: NL Department of Fisheries, Forestry, and Agriculture
2.5
Public Consultations
2.5.1 Open House, July 13, 2016
The initial public consultation session for the Plan Review took place on July 13, 2016 at the
Town Hall. Organized as an Open House, 32 people attended including 5 Councillors and the
Town Clerk.
The main issues raised included the following:
- Objections raised regarding gravel pits included creeping expansion towards residential
areas, storage of scrap vehicles and equipment, dumping of contaminated soils and used
construction materials, and whether operators have proper permits for what they are
doing. It was suggested the Municipal Plan have more stringent regulations and require
rehabilitation of pits that are no longer in use.
- Concern was raised that land development in the Jacksonville Estates is causing runoff
and flooding problems for downslope properties. Council should ensure that land
development in upslope locations include appropriate measures to prevent this.
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- A landowner requested that Council allow residential development north of Jacksonville
Estates on Salmon Cove Road.
- In some areas landowners are filling in roadside ditches, causing water to run onto the
roads
- There are too many open fires around town. People are burning toxic materials
- How does Council deal with mobile homes?
- A concern was raised about the impact of the use of the public wharf on Wharf Road on
adjacent property.
2.5.2 Second Open House - April 4, 2017
The second public consultation session took place on April 4, 2017 to present and answer
questions on the proposed Municipal Plan and Development Regulations. Organized as an Open
House, it was attended by 10 people including 2 Councillors and the Town Clerk.
Issues raised included the following:
- A proposed new gravel pit in the mineral working area and how the new Plan will affect
its development and access to it.
- Potential overland and underground drainage impacts of residential development along
sloping land south of Salmon Cove Road. The Planner explained that the proposed
Municipal Plan and Development Regulations include various provisions that authorize
Council to implement measures to control stormwater impacts from new development.
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3.0
GOALS AND OBJECTIVES
This section outlines the Town's planning goals and objectives for the 2017-2027 period. A goal
is a desired state, which reflects the long-term intent of Council and relates to a major area of
interest or concern. An objective is a short-range step towards achieving the goal. In this
context, an objective is an outcome or output desired by Council in less than 10-years.
3.1
Community Structure and Character
Goals:
Encourage a growth structure for South River that ensures orderly development,
efficient use and development of municipal services, compatibility between land
uses, avoidance of sprawl, and retention of the Town's attractive features.
Objectives: Encourage and facilitate residential, commercial, and industrial development.
Encourage and facilitate new development through infilling along existing serviced
streets, and keeping new streets in close proximity to existing streets and
infrastructure.
Preserve and protect environmentally important and sensitive areas including water
supply areas, coastal shorelines, ponds, streams, wetlands, steep slopes, and
visually significant features.
Encourage lot layout designs that are efficient in the use of municipal infrastructure
and sensitive to the existing physical form and character of the community.
Encourage preservation and maintenance of heritage areas and buildings.
Improve land and building accessibility standards to facilitate better mobility by
disabled and elderly residents.
3.2
Economic Growth and Development
Goal:
Encourage diversified and balanced economic development that fosters
employment opportunities, promotes a high quality of life, contributes financially to
the municipality, and protects the environment.
Objectives: Foster the economic growth of South River particularly in regard to the potential
for fisheries, marine services, tourism, retail sales and services, light
manufacturing, and housing development.
Encourage diversification of the local economy through the attraction of new
businesses and support of existing businesses.
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Encourage and accommodate compatible commercial, industrial, and tourism
opportunities in suitable locations.
Allocate good quality land near major roadways for a range of business activities.
Allow for compatible mixed development of residential, commercial, and light
industrial land uses.
Ensure that economic development activities are compatible as possible with
neighbouring land uses.
Promote South River as an attractive place to live, drawing upon its advantageous
location, community services, waterfront access, and recreational amenities.
Support resources and activities that enhance tourism such as the preservation and
development of trails, shorelines, heritage sites and buildings, marine excursions,
sport fishing, and visitor facilities.
Promote the main streets of South River for mixed development including retail and
service outlets, public buildings, and outdoor public spaces.
Encourage home occupations that fit with the neighbourhood character and do not
impinge on the reasonable enjoyment of neighbouring residential properties.
Encourage economic revitalization of older commercial areas and buildings.
3.3
Environment
Goal:
Conserve, protect, and enhance important and sensitive environmental resources.
Objectives: Provide municipal services at environmentally acceptable standards.
Conserve, protect, and enhance important and sensitive environmental resources,
including lakes, streams, estuaries, wetlands, riparian areas, steep slopes, coastal
resources, and scenic vistas.
Reduce stormwater flows, erosion, and impacts on receiving waters by improving
how runoff is managed in developed and developing areas.
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3.4
Health and Social Well-Being
Goal:
Provide for the welfare of all South River residents by addressing basic human
needs, community services, and quality of life.
Objectives:
Promote opportunities to meet the needs of residents for food, shelter, health care,
education, employment, income, and safety.
Promote access to childcare, youth programs, family services, and seniors
services.
Facilitate the housing needs of residents of all ages, income levels, and physical
and mental abilities (also see Section 3.5).
Enhance South River as an accessible and age-friendly community by improving
development standards for the mobility needs of disabled and elderly residents.
Promote opportunities for inclusion of low-income and disadvantaged residents
into all aspects of community life.
3.5
Housing
Goal:
Promote and facilitate adequate housing for all residents regardless of age, income,
abilities, and family status.
Ensure development proceeds in a way that maintains a pleasant residential
environment.
Objectives: Allocate sufficient residential land to meet anticipated requirements for the next ten
years.
Protect residential quality of life and property values.
Accommodate a range of housing types to satisfy market needs.
Ensure affordable housing is available for residents of different income levels, age
groups, family structures, and disability needs.
Manage residential development in a manner that preserves and protects sensitive
environments and public open space.
Encourage development of single, double, and multi-unit housing in appropriate
locations through infilling along existing streets, new subdivisions, and adaptive
reuse of existing buildings in mixed-use areas.
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Encourage opportunities to redevelop vacant and underused buildings for
residential use.
3.6
Transportation
Goal:
Maintain an efficient transportation network to serve motorized and non-motorized
transportation needs in South River.
Objectives: Maintain safe and efficient access to all residential developments, commercial
establishments, and recreational areas.
Ensure new development provides for traffic circulation that avoids congestion and
hazardous intersections.
Ensure the needs of disabled and elderly residents are appropriately addressed in
the planning and design of streets, sidewalks, crosswalks, parking areas, and trail
systems.
3.7
Recreation and Open Space
Goals:
Designate appropriate natural areas, linear corridors, and outdoor facilities to
accommodate active and passive recreational needs of all residents, including
children, youth, and seniors.
Objectives: Encourage public participation in the planning of open space and recreational
facilities.
Encourage and support recreational groups and community organizations in
organizing sports, recreation, and festival activities and events.
Protect and enhance public access to the town's coastal and freshwater shorelines.
3.8
Culture and Heritage
Goal:
Develop and protect the town's cultural and natural heritage.
Objectives: Support efforts to showcase South River's history and culture.
Protect and enhance sites important to showcasing the town's natural and built
heritage, including key lookout sites and trails.
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3.9
Capital Works
Goal:
Provide an acceptable and consistent level of water, sewer, and storm sewer
services.
Utilize existing capacity prior to investing in new streets and municipal
infrastructure.
Objectives: Maintain a water system within the Town capable of providing domestic water and
fire flows to all feasible areas.
Provide a system of sanitary sewer trunk mains, outfalls and local service lines
capable of accommodating existing and future sewage flows.
Improve stormwater management to protect properties, prevent erosion, and protect
watercourses and other environmentally sensitive areas.
3.10
Governance
Goal:
Provide municipal services and administration effectively, efficiently, and equitably
to all residents within the fiscal capacity of the Town.
Collaborate with other levels of government, community organizations, and the
business community to facilitate opportunities to improve local governance and
municipal services.
Objectives: Encourage public interest and participation in municipal governing processes,
including Council elections, committee activities, and public participation in
decision-making.
Deliver municipal administration and services effectively, efficiently, openly, and
within the Town's fiscal capacity.
Ensure the Town is governed in compliance with relevant legislation such as the
Municipalities Act and the Urban and Rural Planning Act 2000.
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3.11
Municipal Finance
Goal:
Manage municipal expenditures and revenues so as to provide municipal services
within a framework of long-term financial stability.
Objectives: Manage municipal expenditures and debt burdens in a prudent manner and
according to the Town's ability to pay.
Encourage an enlarged economic base in the Town in order to generate more tax
revenues.
Ensure that growth-related capital costs for new developments do not place an
undue burden on residents' ability to pay.
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4.0 COMMUNITY WIDE POLICIES
4.1
Policy Framework
This section provides the policy framework for the planning of South River as expressed in the
Goals and Objectives outlined in Section 3.0.
The thrust of the Municipal Plan is to ensure the continuance of a vibrant and sustainable
community, to facilitate economic development and housing needs, to maintain the town's
attractive character and quality of life through a compatible mix of built-up land uses and green
space, and to protect sensitive environmental resources. This is important in order to provide
continuity with the past, achieve the Town's development vision, maintain a distinct identity, and
contribute to economic, social and environmental sustainability.
To accomplish the overall intent of the Plan, the following policy initiatives are put forward:
i)
Areas that can be developed and serviced at the most reasonable long-term costs to the
Town will be given priority for physical growth and expansion. Highest priority is placed
on the infilling of vacant land along serviced streets. Second priority is placed on areas
that are affordably close to existing streets and piped services. Development will be
restricted in areas that would entail prohibitive or unnecessary costs to develop and
maintain new infrastructure and provide services.
ii)
Prominent features that help to preserve community character, such as heights of land,
shorelines, open space, and scenic vistas, will be preserved.
iii)
A high standard will be maintained for both the natural and built environments,
particularly the protection of environmentally sensitive areas such as shorelines,
wetlands, steep slopes, archaeological resources, and historic sites and buildings.
iv)
Streets and infrastructure will be designed to a high standard with respect to safety, traffic
and pedestrian mobility, water and sewer distribution, and ease of maintenance.
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v)
Capital works will be undertaken in an efficient, financially prudent, and environmentally
responsible manner.
4.2
General Land Use Policies
1.
General Layout of the Town
(1)
Council will encourage the consolidation of development in areas that are
economical to connect to existing roads and service with water and sewer.
(2)
Council will give priority to the infill of vacant serviced land over the
development of new streets and infrastructure.
(3)
Council may refuse to approve proposed developments in locations where
municipal services are inadequate or would be uneconomic to provide and
maintain.
(4)
Council will require land developments to include reasonable measures to reduce
stormwater runoff from the site, including as necessary the setting-aside of green
areas for stormwater control and infiltration.
2.
Compatibility of Uses
As much as possible, Council will ensure that new developments will not negatively
affect existing land uses through the creation of hazards or nuisances such as noise, dust,
odour, congestion, or unsightly appearance.
3.
Non-Conforming Uses
In accordance with the Urban and Rural Planning Act 2000, a use of land that legally
existed at the time of the registration of this Municipal Plan shall be allowed to continue
irrespective of it's conformity to the Plan or Development Regulations. Specific
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provisions concerning legal non-conforming uses are set out in the Development
Regulations.
4.
Land Development and Subdivision Proposals
(1)
Site Suitability
When reviewing a proposed land development, Council will consider the site's
suitability in terms of soils, geology, location of watercourses and wetlands,
steepness of grades, and overall environmental sensitivity. When considering
approval, Council will ensure that the development will have minimal negative
effects on water resources and surrounding properties.
(2)
Professional Review
If in Council's opinion, a proposed development could result in undesirable
environmental effects or could create problems for nearby properties, at the
proponent's expenses, it may require an assessment of the proposal by a certified
planner, engineer, or similar professional.
Among other matters, the review shall evaluate the adequacy of the
development's proposed site grading, drainage, stormwater control, and
landscaping, as well as the potential of the development to negatively affect
nearby properties and bodies of water due to storm drainage, erosion, or pollution.
(3)
Land Needed for Environmental Protection
When approving a development, Council may require portions of the proposed
site to be set aside from development or clearing of vegetation in order to reduce
and control stormwater drainage and erosion. Council's authority to require land
to be set aside for environmental purposes derives from Section 13(3) of the
Urban and Rural Planning Act 2000. Land needed for such purposes will not be
included in the calculation of land for public use as set out in Section 37(1) of the
Act.
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(4)
Land for Public Use
In accordance with Section 37 of the Act, for each subdivision approval, Council
may require the developer to convey an area of land to the Town for open space or
other public use. This conveyance would be equal to no more than ten per cent of
the gross area of the land to be developed. Alternatively, in lieu of land
dedication, Council may decide to accept a sum of money that is equivalent to the
value of the land that would have been conveyed.
(5)
Coordination with Surrounding Development
Subdivisions and other developments will be coordinated with existing and
proposed nearby developments, the street network, and municipal infrastructure.
Developments may be required to provide for access to adjacent undeveloped
lands.
(6)
Municipal Services and Access
The provision of municipal services and access must be appropriate to the type
and scale of development. Council will ensure that a new development will make
efficient use of existing streets and infrastructure and will not create unreasonable
servicing demands or costs.
(7)
Public Input
Council may seek input from nearby residents and landowners when reviewing
development proposals.
(8)
Council Decision
Council will review each development application on a case by case basis and
may:
(a)
Approve the development as proposed,
(b)
Approve the development subject to certain terms or conditions,
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(c)
Defer a decision subject to more detailed information or requested
modifications to the proposal, or
(d)
Not approve the development if it concludes that it would be unsuitable
for the location, would be prohibitively expensive to service or maintain,
or would create environmental or other problems that cannot be
sufficiently corrected or mitigated.
(9)
Subdivision Agreement
Council may require an applicant to enter into a subdivision agreement with the
Town as a condition of approval.
5.
Consolidation and Infill of Serviced Areas
(1)
Council will encourage intensification of development in areas that are accessible
to piped water and sewer services. This can occur through infilling of vacant land
along existing roads and keeping new street development in close proximity to
existing infrastructure.
(2)
Site plans for infill development and land use intensification must meet the
approval of Council. Developments must be compatible with the existing
neighbourhood character and in accordance with Council's development
standards with respect to lot size, frontages, road widening, alignments,
installation of municipal services, environmental protection, retention of open
space, and matters concerning current or future public works.
6.
Public Streets
Subject to conditions to mitigate environmental impacts, new public streets are generally
permitted in all areas except within the Environmental Protection and Coastal
designations.
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7.
Public Access to Watercourses and Coastal Shorelines
Council will ensure that sufficient and appropriate public access is maintained to ponds,
watercourses, and coastal shorelines provided that such access does not unreasonably
impinge on the use and enjoyment of abutting private lands.
8.
Comprehensive Development
(1)
In order to accommodate a desirable but unconventional development (for
example, a planned unit development), Council may permit a comprehensive
development that, except for overall density and use classes, does not comply
with the lot size, frontage, and minimum yard standards of the zone in which it is
located.
(2)
A comprehensive development will not be permitted on a site that Council
considers to be unsuitable for development due to insufficient land area or other
physical, locational, or environmental constraints.
(3)
Council may require a comprehensive development to provide for higher
standards than normal for environmental protection, provision of land for open
space or public use, and protection of heritage sites and scenic landscapes.
(4)
A comprehensive development must be compatible with adjacent land uses.
9.
Adaptive Re-use of Existing Buildings and Properties
Council will encourage the adaptive reuse of existing buildings and properties for
developments that are permitted within the designation and would be compatible with
nearby existing land uses.
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10.
Heritage and Archaeological Resources
(1)
Council will encourage the preservation of individual sites and buildings that have
archaeological or heritage significance.
(2)
Council will cooperate with landowners to identify new or enhanced uses for
older buildings and make owners aware of public programs aimed at preserving
built-heritage.
(3)
Archaeological sites are protected under the Historic Resources Act. If such a site
is discovered, development will stop and the Provincial Archaeology Office will
be notified and consulted on how the development should best proceed.
11.
Discretionary Uses
Council may decide that a land use should be set out as a discretionary use in a particular
zone in the Development Regulations, where:
(a) the suitability of the use is not clear and may depend on the land use characteristics
and circumstances of individual locations within the zone,
(b) Council determines that the use could negatively affect the predominant land uses in
the zone and, in order to mitigate this impact, it would be desirable to consult with
the public prior to issuing, issuing subject to conditions, or refusing a development
permit, or
(c) it is necessary to attach conditions to an approval to ensure that the use is developed
in a way that is compatible with nearby uses and the predominant uses of the zone.
12.
Mineral Exploration
(1)
Subject to other provisions of this Municipal Plan, mineral exploration that is not
classed as a development (by virtue of drilling, appreciable ground disturbance, or
construction of access roads) may be permitted anywhere in the Planning Area,
subject to approval by the Town.
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(2)
In accordance with Sections 12 and 13 of the Mineral Act, no exploration of any
type will be permitted on privately owned land without the consent of the
landowner.
(3)
Mineral exploration that is classed as a development (see definition in
Development Regulations) may be permitted in certain designations, provided
that adequate provision is made for environmental protection, site reinstatement,
landscaping, buffering, or mitigations of impacts on residential, commercial,
industrial, institutional and recreational areas.
(4)
Mineral exploration will be permitted only if all necessary Provincial approvals
have been obtained.
13.
Mineral Working
(1)
Mineral working operations, where permitted, will be subject to terms and
conditions to minimize impacts on environmentally sensitive areas and nearby
existing development.
(2)
Mineral working operations will take measures to minimize negative impacts on
water resources and other sensitive environmental resources.
14.
Forest Resources and Trees
Harvesting of forests and trees will respect the Town's objectives for environmental
protection, preservation of scenery, outdoor recreation, and stormwater control.
15.
Trails
Recreational trail corridors designated by Council will be protected. Proposals for
alternative use of land containing a trail will not be approved except where the proponent
makes provision to relocate the trail with minimal disruption to the trail's continuity.
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16.
Utilities
(1)
Utility Easements and Facilities
Utility facilities, such as transmission lines, communication towers, stormwater
drains, water and sewer pipes and treatment facilities, energy generation facilities,
and pollution control, may be permitted in all land use designations subject to
conditions set by Council.
Council may restrict or place conditions on the development of certain utilities
within the Environmental Protection and Coastal designations.
(2)
Alternative Energy Facilities
Wind, small hydro, and solar energy generation facilities may be permitted in
certain areas subject to conditions set by Council, including the following:
(a)
The location and design of such utilities shall take into consideration
potential impacts on nearby land uses, persons, and the natural
environment.
(b)
To provide for adequate safety and comfort of persons and properties,
Council will ensure that there is an adequate separation distance between a
wind generator and nearby buildings and structures.
(c)
Energy utilities are subject to required approvals by relevant provincial
and federal departments.
17.
Provision for the Disabled and Elderly
Council will consider the mobility needs of disabled and elderly residents in the planning
and design of municipal streets, buildings, and recreational facilities, and when approving
commercial, public, and collective residential buildings and facilities.
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4.3
General Environmental Policies
Conservation values are intrinsic to this Municipal Plan. High priority is given to protecting
sensitive areas and preventing stormwater impacts, soil erosion, and watercourse sedimentation.
Land use decisions will duly consider environmental sustainability and biodiversity objectives.
1.
General Environment
(1)
Protection of Sensitive Areas
Environmentally sensitive lands, including watercourses, riparian areas, wetlands,
coastal areas, steep slopes, wet and unstable soils, and important habitat, will be
protected from potentially damaging development.
(2)
Consideration of Environmental Impacts
Potential environmental effects will be considered when reviewing development
applications. At its discretion, or in accordance with other statutory requirements,
Council may refer development proposals for advice and/or regulatory approval to
departments such as Environment and Conservation, Service NL, Health and
Community Services, Fisheries and Oceans Canada, and Environment Canada.
2.
Watercourse and Wetland Protection
(1)
Development in the vicinity of a watercourse or wetland will be carried out in a
manner that minimizes the potential for environmental impacts, protects natural
drainage, and preserves existing public access to the water.
(2)
Conservation buffers will be established to protect watercourses from stormwater
discharges, erosion, sedimentation, and pollution.
(3)
Where it believes that a proposed development may affect a wetland, at its
discretion, Council may:
(a)
require the developer to have the wetland delineated by a qualified
consultant,
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(b)
establish a sufficient buffer from the edge of the wetland in which
development may not be permitted,
(c)
require such other conditions or restrictions to protect the wetland, and/or
(d)
refuse to approve the development if it believes that identified impacts
cannot be sufficiently minimized or mitigated.
3.
Unstable and Poorly Drained Soils and Geology
(1)
Development in areas that are environmentally sensitive or hazardous due to wet
or unstable soils, a high water table, or unstable geological conditions, may be
restricted or subjected to terms and conditions to reduce potential impacts.
(2)
Development will not be permitted on lands with soil and drainage conditions
that, in the opinion of Council, are incapable of or unsuitable for the proposed use.
4.
Coastal Land
Development in the vicinity of coastal shorelines shall be carried out in a manner that
minimizes potential environmental impacts, protects natural features, and preserves
existing public accesses to and along the shoreline.
5.
Steep and Unstable Slopes
Steep and unstable slopes may be subject to development restrictions or other
conservation measures designed to minimize environmental impacts and hazards to
humans and properties resulting from development.
6.
Storm Drainage
(1)
Development will not be undertaken in a manner that causes excessive increases
in stormwater runoff such that it could be detrimental to adjacent properties, steep
or unstable slopes, nearby watercourses, or other sensitive areas.
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(2)
In areas where there is concern that development may contribute to excessive
stormwater increases, Council may require developers and landowners to:
(a)
Set aside open space areas where stormwater can be discharged to
naturally infiltrate into the soil.
(b)
Maintain vegetated buffers between stormwater drainage outlets and
watercourses to minimize direct discharges into watercourses.
(c)
Preserve existing trees or plant additional trees and shrubs to promote soil
infiltration and capture sediments.
(d)
Channel runoff to gardens and low-lying areas on the development site
and on individual lots.
(e)
Take advantage of the topography to reduce storm drainage, for example,
retain natural depressions in the landscape to accumulate runoff and
promote soil infiltration.
(f)
Immediately reestablish vegetative cover on gravel surfaces, banks,
drainage ditches, and other areas disturbed by construction activity.
7.
Use of Discretionary Authority
Council may exercise its discretionary authority to prohibit or set conditions on
development when, in its opinion, the development might result in undesirable
environmental impacts, for example, excessive run-off onto adjacent properties, flooding,
soil erosion, scouring or siltation of streams, or exposure of contaminated soils.
4.4
Transportation Policies
The transportation system in South River includes a hierarchy of arterial, collector, and local
roads, as well as public trails and walkways.
1.
Consideration of Environmental Impacts
New highways, streets, water crossings, and associated infrastructure will be located and
constructed so as to minimize adverse impacts on environmentally sensitive areas and
resources.
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2.
Arterial Roads
(1)
Description
South River has three Arterial Roads.
- Conception Bay North Highway (Route 70) extends 2.0 kilometres between the
Town's southeastern and northern boundaries.
- Hodgewater Line (Route 71) extends 2.5 kilometres from Route 70 to the
Town's southwestern boundary.
- Conception Bay Highway (Route 60) extends for only 200 metres from Route
70 to the Town's eastern boundary with Cupids.
(2)
Purpose
Arterial roads in South River serve two main functions: (1) to provide safe and
efficient traffic flow for vehicles travelling to and through the Planning Area and
(2) to distribute traffic between major points and local streets within the Town.
(3)
Individual Accesses
Council will use its discretionary authority if necessary to prevent development of
any driveway and other private access along Routes 70, 71 and 60, where it deems
that such access would adversely affect traffic safety or efficiency.
3.
Collector Roads
(1)
Description
Collector roads in South River include Springfield Road and Salmon Cove Road.
(2)
Purpose
The primary purpose of a collector road is to distribute traffic between major
points and local streets within the Town.
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(3)
Individual Accesses
Access to abutting properties on collector roads will not be restricted but will be
properly planned to ensure they do not impede safety and traffic efficiency.
4.
Local Streets
(1)
Description
Local streets include all streets not referred to as arterials or collectors.
(2)
Purpose
Local streets are intended to serve properties located on the street and generally
are not used by traffic except to access these properties and adjoining local streets.
(3)
Local 1 and Local 2 Streets
South River has two categories of local streets.
Local 1 streets include those that generate significant traffic on their own or have
potential to be accommodate more development that will generate higher traffic in
future years.
Local 2 streets include smaller and dead-end streets that are unlikely to ever be
extended or accommodate significant additional development.
The following table lists South River's Local 1 and Local 2 streets.
Local 1 Streets
Local 2 Streets
Dawe's Road
Forest Road
Hearn's Road
Hillview Place
Jacksonville Estates
Mill Road
Old Cart Road
Batten Place
Boone's Road
Bridge Road
Butler's Road
Caplin Cove Road
Drung Road
Foley's Hill
Love Lane
Manning Hill
Meadow Lane
Neville's Road
Neville's Place
Reid's Road
Salmon River Road
Taylor's Road East
Taylor's Road West
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(3)
Future Road Connections
Council will ensure that appropriate street reservations are reserved along Local
Streets to provide for future connections to backland areas with development
potential.
5.
Street Design and Construction
(1)
The location, design, and construction of public streets will meet Council's
minimum requirements for public safety, traffic efficiency, access to adjoining
land, and construction quality.
(2)
Except where it is not physically feasible, new streets shall be located such that
there will be sufficient land to develop lots on both sides in accordance with the
development standards of the zone.
(3)
The layout of a new street will provide adequate reservations to accommodate
road extensions and access to backland areas for future development.
(4)
The costs of constructing and connecting new streets to the municipal street
system will be the sole responsibility of the developer.
6.
Provision for the Disabled and Elderly
Streets, sidewalks, public walkways, parking areas, and access points to public and
commercial buildings will be designed to facilitate easy access and movement by
disabled and elderly persons.
4.5
Infrastructure Policies
1.
Water Supply System
(1)
Council will maintain its water supply distribution system in good working order
to ensure the availability of an adequate quantity and quality of water for
residents, businesses, and public facilities.
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(2)
Adequate fire flows will be maintained in all areas served by municipal water.
2.
Sanitary Sewer System
Council will maintain the town's sanitary sewer system in good working order.
3.
Stormwater Management
Council will maintain storm drainage ditches and facilities in good working order.
4.
Water and Sewer Requirements for New Development
(1)
All water and sewer infrastructure associated with new land development must
meet the minimum standards of the Town and be approved by the Town's
engineer.
(2)
The costs of installing water and sewer services and connecting new lots to the
municipal system will be the sole responsibility of the developer.
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5.0 LAND USE DESIGNATIONS
Land use designations are set out on the Future Land Use maps. The policies in this section relate
to the individual designations.
5.1
Environmental Protection
1.
General Intent
(1)
In the Environmental Protection designation, highest priority is given to
protecting sensitive areas from the adverse impacts of development.
(2)
The Environmental Protection designation will protect environmentally sensitive
areas, including but not limited to rivers, streams, estuaries, riparian areas,
wetlands, and steep slopes.
2.
Land Use
(1)
Conservation uses, including buildings and structures associated with
conservation, will be permitted.
(2)
At its discretion, Council may permit open space uses such as walking trails,
picnic tables, and boardwalks. Before approving such developments, it must be
clearly demonstrated to Council that potential adverse effects on the site, adjacent
water bodies, and aquatic, waterfowl, and seabird habitat will be minimal. Also
Council must be satisfied that a proposed development will not create an
unreasonable obstruction to public access to or along the shoreline.
(3)
At its discretion, Council may permit transportation developments, for example,
road crossings of streams, bridges, culverts, and stormwater drains, but only if
alternative locations are not feasible and Council considers the proposed
development to be in the public interest. Council will consult with the Department
of Environment and Conservation, Fisheries and Oceans Canada, and other
relevant agencies before approving any such development.
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(4)
Excavation and infilling of land and water will not be permitted unless it is to
redirect stormwater or is a public work that has been approved by the Water
Resources Division of the Department of Environment and Conservation.
5.2
Coastal Protection
South River has approximately three kilometres of coastal shoreline. Approximately one
kilometre of this abuts built-up development, residential, fisheries, marine, and institutional
properties. The remaining two kilometres is characterized by high steep slopes rising from the
shoreline, with a town street running close to the top of the slope.
1.
General Intent
(1)
In the Coastal Protection designation, priority is given to protecting sensitive and
scenic coastal areas and accommodating commercial, community, and marine
activities that have a bona fide need for shoreline access.
(2)
Conservation buffers and other measures will be used to protect coastal beaches,
beach banks, abutting steep slopes, and other sensitive coastal features from the
impacts of development.
(3)
Approval of all coastal uses will be contingent on terms and conditions aimed at
maintaining reasonable public access to and along the shoreline.
2.
Land Use
(1)
Conservation uses and open space uses such as walking trails will be permitted.
(2)
At its discretion, Council may permit fisheries, marine, and marina facilities that
are deemed to be coastal-location essential, as well as recreational docks and
slipways.
(3)
No residential development will be permitted in the Coastal Protection
designation.
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(4)
Council will consult with the Department of Environment and Conservation,
Fisheries and Oceans Canada, and other relevant agencies before approving any
development in the Coastal designation.
3.
Development Conditions
Development in the Coastal designation will be carried out in a manner that minimizes
potential for environmental impacts and protects natural features. Approval of all coastal
uses will be contingent on terms and conditions aimed at maintaining reasonable public
access to and along the shoreline.
4.
Excavation and Infilling of Coastal Land
Excavation and infilling of land above and below the water line will not be permitted
except where it is related to a public work or marine facility that has been approved by
the Department of Environment and Conservation, Fisheries and Oceans Canada, and
other applicable agencies.
5.3
Residential
1.
General Intent
(1)
Areas are designated Residential in order to accommodate new housing needs and
preserve the amenity of existing residential areas.
(2)
Highest priority for residential development will include infill along existing
streets and areas that can be economically connected to existing streets and piped
services.
2.
Guiding Principles
In guiding residential growth, Council will endeavour to achieve a balance between the
following principles:
(a)
New residential development will maintain the Town's natural and scenic
character.
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(b)
New development will accommodate an appropriate mix of housing types
to meet changing market conditions and socio-demographic needs of
residents.
(c)
New development will ensure that municipal infrastructure and services
can be delivered and maintained at a reasonable cost to taxpayers.
3.
Land Use
(1)
Permitted housing in all areas designated Residential includes single dwellings
and subsidiary apartments in single dwellings.
Accessory buildings are permitted on residential lots subject to standards and
conditions required by Council.
Other permitted uses include conservation and open space.
Crop agriculture that is subsidiary to a residential use will be permitted as well.
(2)
At Council's discretion, residential uses that may be permitted in areas with
municipal water and sewer services include double dwellings, townhouses,
apartment buildings, boarding houses, and residential care facilities. These uses
will not be permitted if municipal water and sewer services are not available.
(3)
At Council's discretion, a home occupation may be permitted within a residential
dwelling or within an accessory building on the same lot in accordance with
conditions required by Council.
(4)
Other discretionary uses include childcare, bed and breakfasts, communications,
emergency services, energy generation facilities, recreational open space, small-
scale livestock agriculture, kennels, transportation, and mineral exploration.
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5.4
Mixed Development
The Mixed Development designation recognizes the existing mix of residential, commercial, and
public uses that has evolved over time in particular areas, notably on Hodgewater Line and
Conception Bay North Highway.
1.
General Intent
(1)
Council will carefully manage new development in this designation to allow a
compatible mix of commercial, light industrial, residential, and public uses.
(2)
Council will encourage the revitalization of Mixed Development areas that have
suffered from economic decline by promoting and facilitating adaptive reuse and
redevelopment of vacant and underused buildings and properties.
2.
Land Use
(1)
The Mixed Development designation will accommodate a compatible mix of
commercial, public and residential uses in the vicinity of Conception Bay North
Highway and Hodgewater Line.
The designation will allow for the development of various types of housing, low-
impact commercial and light industrial uses, public buildings, and open space.
(2)
Single dwellings, double dwellings, subsidiary apartments, and residential care
homes. and residential accessory buildings will generally be permitted except
where they are deemed by Council to be inappropriate for the area due to
incompatibility with existing commercial or other non-residential uses.
Shops, childcare, cultural and civic uses, educational uses, emergency services,
indoor markets, medical services, offices, personal services, and public buildings
will be permitted except where they are deemed by Council to be incompatible
with existing residential uses.
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Conservation and open space are complementary uses that will be permitted.
Crop agriculture that is subsidiary to a main use will be permitted as well.
(3)
Residential uses that may be permitted at Council's discretion include townhouse
dwellings, apartment buildings, and boarding houses.
(4)
At Council's discretion, a home occupation may be permitted within a residential
dwelling, or an accessory building on the same lot, in accordance with conditions
required by Council.
(5)
Bed and breakfasts, commercial accommodations, tourist cottage establishments,
and campgrounds may be permitted at Council's discretion if they are deemed to
be suitable for the area and compatible with existing land uses.
(6)
Other uses that may be permitted at Council's discretion include catering,
cemeteries, clubs and lodges, commercial outdoor recreation, communication
uses, drinking establishments, energy generation facilities, entertainment uses,
funeral homes, garden centres, general assembly uses, general services, indoor
assembly uses, kennels, light industry, mineral exploration, outdoor assembly
uses, outdoor markets, places of worship, recreational open space, service
stations, shopping centres, take-out food services, transportation uses, and
veterinary services.
3.
Compatibility of Uses
(1)
In evaluating development proposals in Mixed Development areas, Council will
pay particular attention to ensure new development is compatible with existing
uses and the general character of the area.
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(2)
Before approving a non-residential development, Council must be satisfied that its
requirements with respect to building setbacks, buffering between uses, off-street
parking, outdoor storage, and other site related matters can be met.
(3)
Council may impose conditions to require a commercial or light industrial use to
maintain an attractive appearance and minimize nuisance impacts on existing
uses. These may address proper site layout, buffering, screening, and control or
restriction of potentially noxious or hazardous activities.
4.
Guidelines
The following principles will be pursued within the Mixed Development designation:
(a)
Adaptive reuse and redevelopment of vacant and underused properties and
buildings will be encouraged to the extent that it is compatible with the
area and, in Council's opinion, will contribute to revitalization of the area.
(b)
The preservation and enhancement of buildings of architectural or historic
interest will be encouraged.
(c)
The appearance, scale, siting, and use of new buildings, as well as
expansions and renovations to existing buildings, will have regard for and
not detract from, the character of the surrounding area.
(d)
Restoration and reuse of dilapidated buildings and sites will be
encouraged.
5.
Other Municipal Plan Requirements
Other requirements for public, commercial and residential development expressed
elsewhere in this Plan shall, where relevant, apply to development within the Mixed
Development designation.
6.
Use of Discretionary Authority
If Council deems that a proposed development in the Mixed Development designation
will adversely affect the character of the area, it may exercise its discretionary authority
to refuse the application or set terms and conditions on the development.
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5. 5
Commercial
1.
General Intent
The commercial strip along Conception Bay North Highway is designated Commercial to
recognize its status as South River's main business area and to facilitate business growth
and development. This designation allows for a range of retail, service, assembly, and
institutional uses.
2.
Land Use
(1)
Permitted uses include catering, childcare, communications, cultural and civic,
educational services, emergency services, general assembly, general services,
indoor assembly, indoor markets, medical services, offices, outdoor markets,
personal services, public buildings, residential care homes, shops, take-out food
services, transportation, and veterinary services.
Conservation and open space are complementary uses that will be permitted.
(2)
Apartment buildings may be permitted at Council's discretion.
Subsidiary apartments may be permitted if they are deemed to be necessary for
the operation of a main use.
Visitor accommodation facilities that may be permitted at Council's discretion
include campgrounds, commercial accommodations, and tourist cottage
establishments.
Other uses that may be permitted at Council's discretion include clubs and lodges,
commercial outdoor recreation, drinking establishments, energy generation
facilities, entertainment uses, funeral homes, garden centres, kennels, outdoor
assembly, places of worship, recreational open space, service stations, shopping
centres, light industry, and vehicle sales and services.
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3.
Compatibility with Neighbouring Areas
(1)
New development will be permitted to the extent that it will not unreasonably
affect nearby residential areas with respect to noise, dust, glare, vibration, smell,
traffic, pollution, and related factors.
(2)
Council may impose conditions to require commercial and light industrial uses to
maintain an attractive appearance and minimize undesirable impacts on nearby
residential areas. Conditions may address site layout, outdoor storage, parking
areas, buffering, screening, and control or restriction of potentially noxious or
hazardous activities. Required screening may include fencing, berms, and/or
appropriate plantings of trees and shrubs.
5.6
Industrial
1.
General Intent
Land is designated Industrial in the vicinity of the existing concrete plant at corner of
Hodgewater Line and Dawe's Road. The purpose of this designation is to recognize the
existing use of the area and to facilitate additional industrial growth.
2.
Land Use
(1)
Permitted uses include light industry, emergency services, energy generation
facilities, general services, service stations, communications, and offices.
Conservation and open space are complementary uses that will be permitted.
(2)
A subsidiary apartment in a business property may be permitted at Council's
discretion if it is considered necessary to the security or efficient operation of the
business.
(3)
General industry and hazardous industry may be permitted at Council's
discretion.
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(4)
Other uses that may be permitted at Council's discretion include mineral working,
mineral exploration, and transportation uses.
(5)
No development will be approved that is not complementary to and compatible
with the primary purpose of the Industrial designation, which is to facilitate
industrial activities beneficial to the local economy and municipal tax base.
3.
Compatibility with Neighbouring Areas
(1)
New development will be permitted to the extent that it will not unreasonably
affect nearby residential areas with respect to noise, dust, glare, vibration, smell,
traffic, pollution, and related factors.
(2)
Council may impose conditions to require industrial uses to maintain an attractive
appearance and minimize undesirable impacts on nearby residential areas.
Conditions may address site layout, outdoor storage, parking areas, buffering,
screening, and control or restriction of potentially noxious or hazardous activities.
Required screening may include fencing, berms, and/or appropriate plantings of
trees and shrubs.
5.7
Open Space
1.
General Intent
Land is designated Open Space is to preserve and protect natural areas and scenic
resources, as well as to set aside land for community parkland, trails, and other passive
and low-impact recreational uses. The designation includes the old railway corridor,
which is used as a recreational trail.
2.
Land Use
(1)
Within this designation, permitted uses will include conservation and open space
uses such as trails, community parks, and associated facilities.
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(2)
Other uses that may be considered at Council's discretion include cemeteries,
crop agriculture, energy generation facilities, mineral exploration, outdoor
markets, recreational open space, temporary take-out food services, and
transportation.
3.
Take-out Food Services
Take-out food services will be limited to temporary uses related to special events and
other short-term needs.
5.8
Mineral Working
1.
General Intent
Areas are designated Mineral Working to recognize their importance for aggregate
extraction and related industrial activities.
2.
Land Use
(1)
Permitted uses within this designation will include conservation, open space,
communications, energy generation facilities, and mineral exploration.
(2)
Developments that Council may permit at its discretion include mineral working,
light and general industrial use, and transportation.
3.
Environmentally Sensitive and Scenic Areas
Council may restrict or set conditions on mineral working activities in locations where it
deems that the use may adversely affect watercourses, wetlands, steep slopes,
geologically unstable areas, and other sensitive areas. In these areas, protection and
conservation will take priority over development.
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4.
Mineral Working
(1)
Mineral working operations will be carried out in a manner that protects existing
land uses and environmental resources. Minimum separation distances and
buffering requirements will be required between pits and quarries and nearby
residential uses, public highways and streets, watercourses, and wetlands.
(2)
Proposals for new mineral working operations shall be subject to an assessment of
impacts on environmental and scenic resources and existing nearby residential
dwellings.
(3)
Council will establish standards in the Development Regulations aimed at
reducing potential impacts of mineral working operations on nearby residential
and environmentally sensitive areas, and may require measures to:
(a)
Protect watercourses, wetlands, steep slopes, and other environmentally
sensitive areas.
(b)
Restrict mineral working near existing residential areas and important
recreational areas.
(c)
Restrict operating schedules.
(d)
Establish conditions for site management, upkeep, and rehabilitation
(e)
Progressively rehabilitate pits and quarries at specified points in their
development.
5.9
Rural
1.
General Intent
Areas are designated Rural to recognize their importance for natural resource uses,
habitat management, outdoor recreation, open space uses, and certain industrial activities
that may not be suitable in or near built-up areas of South River.
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2.
Land Use
(1)
Permitted uses within this designation will include conservation, crop agriculture,
energy generation facilities, forestry, mineral exploration, and open space.
(2)
Developments that Council may permit at its discretion include campgrounds,
cemeteries,
commercial
outdoor
recreation,
communications,
livestock
agriculture, mineral working, recreational open space, and transportation.
Light and general industrial uses, outdoor markets, and shops may be permitted at
Council's discretion but only if they are subsidiary to an approved main use.
3.
Environmentally Sensitive and Scenic Areas
Council may restrict or set conditions on land uses and resource extraction activities in
locations where it deems that the use may adversely affect steep slopes, geologically
unstable areas, wetlands, watercourses and other sensitive areas. In these areas, protection
and conservation will take priority over development.
4.
Mineral Working
See Mineral Working policies in the Mineral Working designation (Section 5.8.4).
5.
Forest Management
(1)
Forest harvesting and management activities on Crown Land will be subject to the
requirements and supervision of the Forestry Branch of the Department of Natural
Resources.
(2)
Forest harvesting activities shall respect the Town's objectives for environmental
protection, scenic preservation, and recreation areas.
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6.0 IMPLEMENTATION
The South River Municipal Plan will be implemented over the next 10 years through decisions of
Council. Of particular importance to Council are the following:
- Effective administration of the Municipal Plan
- Public participation
- Development Regulations
- The basis of development control, and
- The procedure for considering amendments to the Municipal Plan.
6.1
Administration of the Plan
The South River Municipal Plan is is comprised of goals and objectives (Section 3 of this
document), community-wide land use policies (Section 4), designation-specific land use policies
(Section 5), and a program of implementation (Section 6). The Background Report (Section 2)
provides information but does not form part of the legally binding South River Municipal Plan.
All development applications will be evaluated as to their conformity to the policies in the
Municipal Plan.
1.
Map Interpretation
(1)
For the purpose of administering the Municipal Plan, Future Land Use Maps 1,
2 and 3 shall be read only in conjunction with the goals, objectives and land use
policies of the Plan.
(2)
The boundaries of the land use designations shown on the Future Land Use
Maps are general only and, except where they coincide with roads, shorelines, or
other prominent physical features, are not intended to define exact limits. No
amendment to the South River Municipal Plan shall be required to allow minor
adjustments of the land use boundaries. Other than such minor boundary
adjustments, no development shall be permitted that does not conform to the Plan.
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2.
Development Applications
(1)
A person wishing to develop land for any purpose within the South River
Municipal Planning Area must apply to Council for permission through the
established procedure. Council shall require that all development applications
conform fully to the South River Municipal Plan before proceeding. Council may
refuse or approve the application and may set conditions on approval. The
decision of Council may be appealed to the appropriate appeal board.
(2)
Once conformity to the Municipal Plan has been established, Council shall ensure
that each development proposal is given an evaluation.
(3)
If Council suspects that a Provincial or Federal policy or statute may come into
effect, it will refer the development proposal to the relevant government
department or agency for approval or comments.
(4)
Council's final decision on an application will be based on the desire to guide the
development of South River in the best long-term interest of residents.
(5)
Provisions regarding the appeal of Council decisions on development applications
will be contained in the Development Regulations.
3.
Subdivision Proposals and Agreements
(1)
Evaluations of proposed subdivisions of land for development will include the
following:
(a)
An investigation of the physical and environmental conditions and
features of the site to assess the site's capability and suitability to
accommodate the proposed development.
(b)
A demonstration of how the proposed subdivision will connect to existing
roads, how it will affect existing developments, and whether it will
provide future access to undeveloped lands in the area.
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(c)
A demonstration that the proposed subdivision will be compatible with
surrounding land uses, both existing and future.
(d)
An examination of proposed municipal services and the long-term costs to
the Town of providing and maintaining these services.
(e)
Consideration of how stormwater drainage will be managed to minimize
increased run-off onto adjacent lands.
(f)
Consideration of how the development may affect important and sensitive
environmental resources.
(2)
Before major land developments are approved in the South River Municipal
Planning Area, Council may require the developer to enter into a development
agreement with the Town. Such an agreement shall establish the conditions under
which development will proceed and shall be binding on both parties. Any
conditions governing the development will be enforced by attaching them to the
development permit.
4.
Non-Conforming Uses
(1)
A building, structure, or other development that does not conform with the intent
and permitted land uses of this Municipal Plan, but which legally existed before
the registration date of the Plan, will be permitted to continue as a "non-
conforming use" subject to the provisions of Section 108 of the Act.
(2)
Notwithstanding subsection (1), if a non-conforming use is discontinued for a
consecutive period of twelve months, it shall not be recommenced and any further
use of the land or building shall conform with the intent of this Plan and its
Development Regulations.
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(3)
A non-conforming use under this Municipal Plan:
(a)
shall not be internally or externally varied, extended or expanded unless
otherwise approved by Council,
(b)
shall not be structurally modified except as required for the safety of the
building, structure or development,
(c)
shall not be reconstructed or repaired for use in the same non-conforming
manner where 50 percent 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 Council to a use that is, in Council's opinion more compatible
with this Municipal Plan and its Development Regulations
(e)
may have the existing building extended where, in Council's opinion, that
extension is not more than 50 percent of the existing building
(f)
where the non-conformance is with respect to the standards included in the
Development Regulations, shall not be expanded if the expansion would
increase the non-conformity; and
(g)
where the building or structure is primarily zoned and used for residential
purposes, may, in accordance with this Municipal Plan and its
Development Regulations, be repaired or rebuilt where 50 percent or more
of the value of that building or structure is destroyed.
6.2
Public Participation
The Municipal Plan is an expression of the goals and aspirations of the citizens of South River,
therefore, the periodic review of the Plan provides the opportunity for public participation and
input, and can be an invaluable tool for the successful implementation of planning.
Council will take advantage of opportunities to involve the public in decision-making processes
with respect to future planning and development of the community.
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6.3
Development Regulations
Pursuant to Section 35 of the Urban and Rural Planning Act 2000, Council has adopted the
South River Land Use Zoning and Subdivision Regulations (referred to as the Development
Regulations) in order to implement the goals, objectives and land use policies of the Municipal
Plan. The Development Regulations control the subdivision and development of all land within
the South River Planning Area.
1.
Council Responsibility
In accordance with Section 35 of the Urban and Rural Planning Act 2000, the
Development Regulations have been established to ensure that land is controlled and used
only in accordance with the South River Municipal Plan.
2.
Content
The Development Regulations:
(a)
divide the Planning Area into land use zones
(b)
indicate permitted and discretionary uses of land in each land use zone,
(c)
set out municipal-wide and zone-specific requirements and standards for
the subdivision and development of land,
(d)
set out the administrative procedures for dealing with development permit
applications and the issuing of development and building permits,
(e)
set out the regulations respecting the non-conforming development and
use of land,
(f)
set the minimum notice periods for Council decisions respecting
discretionary land uses, non-conforming land uses, and variances,
(g)
set out the regulations and procedures respecting appeals of Council
decisions, and
(h)
set out the regulations respecting the enforcement of permit requirements.
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6.4
Development Control
1.
Municipal Plan is Binding
The South River Municipal Plan is a legal document that is binding upon all persons and
organizations including Council.
2.
Council Responsibility
Council shall exercise appropriate control over development in the South River Planning
Area in accordance with the Municipal Plan and the Development Regulations.
3.
Subdivision and Development Applications
(1)
All persons wishing to subdivide or develop land for any purpose within the
Planning Area shall apply to Council for permission on the prescribed
applications form and shall submit a detailed drawing of the proposal indicating
the location and dimensions of the land and the development.
(2)
Council will examine the application on the basis of the Development
Regulations. Council may approve the application, approve it with conditions, or
refuse it.
4.
Right to Appeal
An applicant who receives a refusal decision from Council on a development application
may appeal that decision to the Appeal Board in accordance with the South River
Development Regulations.
5.
Provincial and Federal Referrals
If Council deems that a proposed development may be affected by the regulations of a
Provincial or Federal department, the application will be referred to the concerned
department for comments before a permit is issued.
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6.5
Amending the Municipal Plan and Development Regulations
This Municipal Plan was prepared on the basis of existing and expected future conditions. It is
Council's intention not to amend the Plan for a five-year period after its adoption, after which
another Plan Review will be undertaken. Nevertheless, if circumstances change in unforeseen
ways during the planning period, Council may consider possible amendments to the Plan.
1.
Municipal Plan Amendment
If Council decides to adopt an amendment to the Municipal Plan, in accordance with
Section 25 of the Urban and Rural Planning Act 2000, the amendment procedure will be
the same as for the adoption of the Municipal Plan as a whole. This procedure is outlined
in Sections 14 to 24 of the Act.
2.
Stand-Alone Amendment to the Development Regulations
(1)
If Council decides to adopt an amendment to the Development Regulations that
does not also require a change to the Municipal Plan, the amendment procedure
will be in accordance with Section 35 (5) of the Act.
(2)
Council shall give notice of the proposed change in a newspaper circulated in the
area and shall receive representations with respect to those changes before
forwarding the adopted amendment to the Department of Municipal Affairs and
for registration under Section 24 of the Act.