Spaniard's Bay, Newfoundland and Labrador
· adopted 2021-10-18
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TOWN OF SPANIARDS BAY
MUNICIPAL PLAN
2021-2031
PLAN-TECH
-
ENVIRONMENT
October 2021
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URBAN AND RURAL PLANNING ACT
RESOLUTION TO APPROVE
TOWN OF SPANIARD'S BAY MUNICIPAL PLAN 2021-2031
Under the authority of section 16, section 17 and section 18 of the Urban and Rural
Planning Act 2000, the Town Council of Spaniard's Bay.
a)
Adopted the Spaniard's Bay Municipal Plan 2021-2031 on the 18th day of October,
2021.
b)
c)
Gave notice of the adoption of the Town of Spaniard's Bay Municipal Plan 2021-
2031 by advertisement inserted on the 4th day and the 11th day of November,
2021, in The Shoreline newspaper.
Set the 23rd day of November, 2021, at 7:30 p.m. at the Spaniard's Bay Town Hall
for the holding of a public hearing to consider objections and submissions.
Now under section 23 of the Urban and Rural Planning Act 2000, the Town Council of
Spaniard's Bay approved the Town of Spaniard's Bay Municipal Plan 2021-2031 as adopted.
SIGNED AND SEALED this _if__ day of D~ k,
, 2021
Municipal Plan/ Amendment
REGISTERED
Mayor:
(Council Seal)
Clerk:
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URBAN AND RURAL PLANNING ACT
RESOLUTION TO ADOPT
TOWN OF SPANIARD'S BAY MUNICIPAL PLAN 2021-2031
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town
Council of Spaniard's Bay adopts the Spaniard's Bay Municipal Plan 2021-2031.
Adopted by the Town Council of Spaniard's Bay on the 18th day of October, 2021.
Signed and sealed this If
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, 2021.
Mayor:
(Council Seal)
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CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
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I certify that the attached Town of Spaniard's Bay Municipal Plan 2021-2031 has been
prepared in accordance with the requirements of the Urban and Rural Planning Act.
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TABLE OF CONTENTS
1.0
INTRODUCTION ................................................................................. 1
1.1
Forward .................................................................................... 1
1.2
Plan Contents ......................................................................... 2
1.3
Planning Area Boundary .......................................................... 2
1.4
Plan Preparation and Consultation ......................................... 2
1.5
Bringing Into Effect .. . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . .. . .. . . . .. . . . . . . . . 3
1.6
Plan Review and Amendment ............ ...... .................. ...... 3
1.7
1.8
Plan Administration ............................ .... .. ..................... 4
Interpretation ...... ...... ................................................... 4
2.0
PLANNING CONTEXT ........................................................................ 6
2.1
Background .............................................................................. 6
2.2
Settlement History & Land Use Patterns .................................. 6
2.3
Land Uses & Activities .............................................................. 6
2.4
2.5
2.6
2.3.1 Residential Uses ........................................................... 7
2.3.2
Commercial Development. ............................................ 8
2.3.3
Rural Development.. ..................................................... 8
Demographic Trends ................................................................ 9
2.4.1 Population Characteristics ............................................ 9
2.4.2 Age Characteristics ..................................................... 10
2.4.3
Household and Family Characteristics ........................ 11
2.4.4
Household Income ...................................................... 11
2.4.5
Labour Force Status ................................................... 11
2.4.6
Education ................................................................... 11
Municipal Finance and Services ............................................. 12
Summary ................... .. ............... ............................... 12
2.7
A Strategy for Growth and Change ......................................... 12
3.0
VISION, GOALS & OBJECTIVES ..................................................... 18
3.1
Community Vision .................. ....................................... 18
3.2
Community Goals & Objectives ...................... .. ............ ... 19
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TABLE OF CONTENTS (Cont'd)
4.0
THE LAND USE PLAN .................... .................................................. 20
4.1
General Land Use Policies ..................................................... 20
4.1.1 Subdivision Policies .................................................... 20
4.1.2 Non-Conforming Uses ................................................ 21
4.1 .3 Development Agreement ............................................ 21
4.1.4 Public Open Space ..................................................... 21
4.1 .5
Easements and Emergency Access ........................... 21
4.1.6 Soils and Drainage ..................................................... 22
4.1.7 Building Setbacks ....................................................... 22
4.1.8
Access to a Public Street ............................................ 22
4.1 .9 Archaeological Sites ................................................... 22
4.1.1 O Forestry Uses/Wildlife ................................................. 22
4.1.11 Survey Control Marker ................................................. 23
4.1.12 National Building Code of Canada ............................... 23
4.1.13 Highway Sign Regulations, 1999 ................................. 23
4.1.14 Protected Road, Route 75 ........................................... 24
4.2
Environmental Policies ........................................................... 24
4.2. 1 Preservation of Trees ................................................. 24
4.2.2
Protection of Watercourses, Wetlands, Fish and
Waterfowl Habitat ................................................................... 24
4.2.3 Alterations to the Natural Environment. ....................... 24
4.2.4 Environmentally Sensitive Areas ................................. 25
4.2.5 Mineral Workings ........................................................ 25
4.2.6
Habitat Management Plan .......................................... 26
4.2. 7 Significant Wetlands within the Stewardship Zone ...... 26
4.2.9
Review Process .......................................................... 26
4.3
Servicing Policies ................................................................... 28
4.3.1 Municipal Services ...................................................... 28
4.2.2 On-Site Sewage Disposal ........................................... 28
4.2.3 Ground Water Assessment ......................................... 28
TABLE OF CONTENTS (Cont'd)
4.4
Specific Policies - Land Use Designations .............................. 28
4.4.1 Residential .................................................................. 29
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4.4.2
Residential Density ..................................................... 31
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5.0
4.4.2.1 Residential Medium Density ............................ 32
4.4.2.2 Residential Infill ............................................... 33
4.4.2.3 Residential Subdivision Area ........................... 34
4.4.3
Mixed Use ............ ............ ................................. 36
4.4.4 Commercial .......................................................... 37
4.4.5 Industrial .............................................................. 38
4.4.6 Public Use ............................................................ 39
4.4.7 Open Space ......................................................... 40
4.4.7.1 Open Space Recreation ........................... 41
4.4.7.2 Open Space Conservation ....................... 42
4.4.8 Transportation ...................................................... 43
4.4.9 Watershed ............................................................ 44
4.4.10 Rural .................................................................. 45
IMPLEMENTATION .................................................................. 48
5.1
Administration of the Plan ............................................... 48
5.2
Financial Evaluation for Municipal Capital Works ........... 49
5.3
Development Regulations ............................................... 51
5.4
Procedures for Amending the Plan ................................. 52
5.5
Procedures for Considering Re-zonings ......................... 52
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Town of Spaniard's Bay Municipal Plan 2021-2031
1.0
INTRODUCTION
1.1 Foreword
The Town of Spaniard's Bay Municipal Plan 2021-2031 establishes guidelines for the
sustainable management of development on lands contained within the Spaniard's Bay
Municipal Planning Area (MPA), as illustrated on the Generalized Future Land Use Map
(GFLUM) by setting out a ten-year land use strategy. This Plan provides a policy
framework for the accompanying Development Regulations to be administered by Council
through development and subdivision permits.
In guiding the physical improvement and sustainable growth of the community, the Plan
indicates the location and timing of residential development and the general layout and
scheduling of capital works to support development such as: maintenance related to
municipal servicing, road works, and pursuing economic development opportunities.
It also identifies plans to address the environmental, social, cultural, economic, and
governance needs of the community. As required under the Urban and Rural Planning
Act, 2000, hereby referred to as "the Act," all relevant planning issues have been reviewed
in the preparation of this Plan and are presented in this document.
The Plan additionally serves as the basis for preparation of the companion regulatory
planning document, the Development Regulations. The Regulations address land use
zones, development standards and terms and conditions, advertisement and subdivision
requirements in support of the Plan's policies. A Land Use Zoning Map also accompanies
the Regulations. Once registered, Town Council administers the Municipal Plan and
Development Regulations through its review of development permits and subdivision
applications, and all other proposed land development inquiries.
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1.2 Plan Contents
The Town of Spaniard's Bay Municipal Plan, 2021-2031 , consisting of this document and
the associated Generalized Future Land Use Map, constitutes a legal document once
approved in accordance with the Act. It proposes the allocation of land for various uses,
and includes Council's vision (goals, objectives and policies); the plan for the sustainable
development of the community; and the timing and costs of recommended capital works
over the next decade.
1.3
Municipal Planning Area
The Spaniard's Bay Municipal Planning Area was approved by the Minister of Municipal
and Provincial Affairs on January 6, 1992 and published in the Newfoundland Labrador
Gazette on January 17, 1992.
1.4
Plan Preparation and Consultation
This Plan was prepared in accordance with the requirements of the Urban and Rural
Planning Act, 2000. The Plan documents are based on a review of current land uses,
available mapping and other studies of the community and on Council's perception of the
land use problems facing the community, opportunities for improvements to its physical
environment, and the direction of future growth. Community and stakeholder consultation
has also been sought in the planning process.
In 2019, Council sent its resolution to hire Plan-Tech Environment Ltd. to undertake a
review of the its Municipal Plan and Development Regulations, to the Department of
Municipal and Provincial Affairs. A follow up letter contained the request to initiate an
internal provincial consultation process via the Intergovernmental Land Use Committee
(ILUC) to solicit feedback from various departments and agencies that represent provincial
interests.
Various meetings, including site visits, were held with Town staff, Council and residents
to discuss challenges and opportunities, council priorities and rationale for preparing an
updated Municipal Plan and Development Regulations for the community.
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1.5
Bringing Into Effect
Sections 15 to 25 of the Act set out the process for bringing a Municipal Plan and
Development Regulations into effect. Upon holding public consultations, and when
Council is satisfied with the draft Municipal Plan and Development Regulations, it may
submit these documents to the Department of Municipal and Provincial Affairs for
Ministerial review and release as per Section 15. Upon successful review, the Minister
releases the documents, enabling Council to adopt the proposed Municipal Plan and
Development Regulations. Council then gives notice of adoption of the documents, where
and when they may be viewed, as well as the date, time, and location of the Public Hearing
of Objections, as per section 18 of the Act. Council appoints a commissioner to conduct
the Public Hearing and to prepare a written report on any representations made. By
resolution, Council approves the Municipal Plan and Development Regulations, then
submits them to the Department of Municipal and Provincial Affairs for registration. When
notified that the documents are registered, Council gives notice of the registration in the
Newfoundland and Labrador Gazette and a local newspaper. The date of publication of
the notice in the Gazette is the date the Municipal Plan and Development Regulations
come into effect.
1.6
Plan Review and Amendment
In accordance with section 28(1) of the Act, every five years from the date on which the
Municipal Plan first comes into effect, Council is required to initiate a review of the Plan.
Where necessary, changes may then be made to account for any new policies or land use
requirements for the next ten years. The Plan may otherwise be amended at any other
time, in whole or in part. Any such amendment will be read together with and become
part of the Municipal Plan and so must not conflict with any other of its policies.
If
circumstances do not permit a Plan review to be undertaken within the prescribed time,
the current Municipal Plan, and any amendments that had been made to it, will remain in
effect until a Plan review is completed and fully approved.
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1.7
Plan Administration
Upon being approved by the Minister, the Town of Spaniard's Bay Municipal Plan is legally
binding upon Council and all other persons, corporations and organizations undertaking a
development within the Municipal Planning Area, as per Section 12 of the Act.
Council will administer the Town of Spaniard's Bay Municipal Plan by carrying out the
Plan's policies. There are several ways in which this is done:
-
By preparing land use zoning and subdivision regulations prepared and approved at the
same time as the Municipal Plan;
-
By issuing development permits to people wishing to build or change the use of a building
or to subdivide in accordance with regulations; and
-
By undertaking the capital works and development schemes outlined in the Plan when the
financial resources are available.
In five years' time, Council will review this Plan and revise it to provide for the next 10-year
period in accordance with Section 28(1) of the Act. Amendments may be made at any
time prior to the five-year review in response to new development proposals or changed
community priorities as outlined in Section 35(5) of the Act. These amendments must
follow the process outlined in Sections 14 to 25 of the Act.
1.8
Interpretation
The following sections and Future Land Use Maps constitute the legally effective parts of
the Municipal Plan.
The general terms referred to hereinafter are defined as follows:
-
"Council" shall mean the Council of the Town of Spaniard's Bay.
"Municipal Planning Area" shall mean the Spaniard's Bay Municipal Planning
Area.
"Town" shall mean the Town of Spaniard's Bay.
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The boundaries between the different land uses designated in the Municipal Plan are
meant to be general, except in the case of roads or other prominent physical features
where they are intended to define the exact limits of each category.
Nothing in the Plan shall affect the continuance of land uses which are lawfully established
on the date that this Plan comes into effect.
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2.0
PLANNING CONTEXT
2.1
Background
Spaniard's Bay is located on the Baccalieu Trail along Route 70 and is the largest bay in
Conception Bay. The Town of Spaniard's Bay was incorporated as a municipality on
June 8, 1965. In 1991 , the neighbouring community of Tilton was amalgamated as part of
the new Municipality of Spaniard's Bay.
2.2
Settlement History and Land Use Patterns
The town is considered a vibrant and growing community with modern conveniences while
maintaining a small town atmosphere. Spaniard's Bay is centrally located, close to large
shopping centers, a hospital and is just a 45 minute drive to St. John's.
It is bounded to
the north by the Town of Harbour Grace, to the south by the Town of Bay Robert's, to the
northeast by the Town of Upper Island Cove, to the east by Spaniards Bay Harbour and
to the west by Towns in Trinity Bay. Spaniard's Bay developed initially around fishing
and sustainable farming. In recent years, its strategic location as a residential community
makes it attractive for commuters to St. John's, but the Town still strives to retain its rural
character.
The name Spaniard's Bay derived from the fishermen of Jersey who came to fish from the
Channel Islands around the turn of the 15th century. In 1585, Sir Bernard Drake carried
out an extensive attack on Spanish ships in Newfoundland being careful to avoid Spanish
centres like Placentia and the Strait of Belle Isle. The Spanish cod-fishing industry never
completely recovered. The French records show reports of Spanish fishermen north of
Bonavista after the 1660s. By this time, France was dominant in the fishery and England
was its only serious rival.
2.3 Land Uses and Activities
The municipal boundary of Spaniard's Bay encompasses an area of 65. 73 square
kilometres, which with a population of 2,653 equates to a population density of 40.4
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people per square kilometre. Although residential land uses predominate, the town is a
vibrant and growing community with modern conveniences and amenities yet maintaining
a small town atmosphere.
2.3.1 Residential Uses
Currently, there are 1, 1801 private dwellings in the town, 1,089 of which are occupied by
usual residents. Single detached dwellings number 1,015 and this continues to be the
predominant housing type in Spaniard's Bay. There are 75 attached dwellings and 25
semi-detached houses. There are 25 apartments (flats) in duplex structures, 20
apartments in buildings with fewer than 5 storeys and 5 other single attached houses.
Two-person households predominate at 425 and the average household size is 2.4
persons.
Census data regarding household characteristics by tenure reveal there are 935 owners
and 155 renters, while the 3-bedroom house predominates at 655 with 225 2-bedroom
homes. The following Table 2.1 illustrates private households by period of construction
and that more than half of the housing was built prior to 1981 .
Table 2.1 Dwellings by Period of Construction
Occupied private dwellings by
1,090
period of construction
1960 or prior
220
1961 - 1980
340
1981 - 1990
115
1991 - 2000
130
2001 - 2005
45
2006 -2010
115
2011 - 2016
130
Source: Statistics Canada 2016 Census Data
Based on the Canada Mortgage and Housing Corporation's (CMHC) affordability
benchmark of shelter cost to income ratio (30%), in Spaniard's Bay of 1,090
owner/tenants, 915 spend less than 30% of their income on housing while 175 spend 30%
or more, indicating that housing in the town is affordable. The average monthly shelter
1 Statistics Canada 2016 Census
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costs for owned dwellings in Spaniard's Bay is $864 and $984 for the province. The
average dwelling price in Spaniard's Bay is $228,146 and higher provincially at $243,157.
Housing permits issued in Spaniard's Bay over the last five year period average 7 per
year. While economic conditions in the province have reduced spending from year-to-
year, housing permits seem to be on the rise as shown in Table 2.2 following, indicating
optimism in the marketplace.
Table 2.2 Housing Permits: 2015-2019
Town of Spaniard's Bay
Housing Permits
Issued 2015 - 2019
2019
8
2018
3
2017
10
2016
4
2015
10
Source: Town of Spaniard's Bay
In the future, the municipality may experience changing housing needs as its population
ages and household size become smaller.
2.3.2 Commercial Development
Some businesses and community facilities are located in the midst of residential areas.
A number of home occupations and backyard businesses also exist in the built-up areas
of Spaniard's Bay. In general, these businesses are small scale and operate out of a
dwelling or on a residential property.
Spaniard's Bay has developed a niche in the regional economy as a location for service
oriented, light industrial businesses. Most businesses and commercial operations front
onto the Conception Bay Highway.
2.3.3 Rural Development
Blueberry management areas, a domestic cutting area, two pine plantations and land
having aggregate potential exist in the rural portion of Spaniard's Bay.
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2.4
Demographic Trends
The following discussion of selected demographic indicators is based upon data available
from Statistics Canada, Census Profile - 2016 Census. Information was also reviewed
available on the Government of Newfoundland and Labrador website, Department of
Finance and Community Accounts. This data is gleaned from various sources and
tabulated by federal and provincial departments based on 2016 census data, 2011
National Housing Survey data, and the latest facts and statistics gathered by the province.
Selected demographic indicators below are compared for provincial and municipal trends.
2.4.1 Population Characteristics
According to the Statistics Canada 2016 census data, the population of Spaniard's Bay
has grown consistently since 2006, when the community suffered a population decline of
-5.7%. In the last two census periods Spaniard's Bay population has grown by 4.2% in
total equaling 2,653 residents. Table 2.3 illustrates population change for the town since
1981 indicating that after several years of decline, the population has started to rebound.
Meanwhile, the population of the Province of Newfoundland and Labrador has changed
by +1 .0% in the last census period.
Table 2.3 Population Change - Spaniard's Bay
!Year
Population
Change
%Change
1981
3963
-
-
1986
3985
22
.005%
1991
2779
-137
-0.3%
1996
2771
-139
-2.8%
2001
2694
-77
-2.8%
2006
2540
-154
-5.7%
2011
2622
+82
+3.2%
2016
2653
+31
+1 .2%
Source: Stat1sltcs Canada 2016 Census Data
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2.4.2
Age Characteristics
As with provincial age group characteristics, Spaniard's Bay has an aging population.
However, the municipality has experienced an increase in total population since the 2006
census, which may be attributed to the migration of individuals into the town from outlying
areas in order to be closer to services. Tables 2.4 and 2.5 following, compare age group
characteristics for the province and the municipality.
Spaniard's Bay population of 2,653 is almost evenly split between males and females. The
population bulge age category 15 - 64 years, is 66.2% of the total population for both the
municipality and the province. While the age group 0-15 years is slightly greater in the
municipality at 14.5% vs. 14.3% provincially. Of note is the age group 65 - 84 years, which
with a population distribution of 19.4% both municipally and provincially is larger than the
age group 0-14 years. This reinforces that the province and Spaniard's Bay are
experiencing an aging population. The average of Spaniard's Bay residents at 42.9 years,
is slightly less than that of the province at 43.7 years.
Table 2.4 Age Group Characteristics: Spaniard's Bay vs. Province
AQe characteristics
S >aniard's Bav
Province of NL
Total
male
female
Total
male
female
Total aae arouos
2,650
1,300
1,350
514, 536
253,930
265,790
0 to 14 years
385
190
195
74,440
38,200
36,240
15 to 64 years
1,755
870
885
344,245
168,555
175,695
65 years and over
515
245
270
101,025
47,170
53,855
85 years and over
35
15
25
9,360
3,245
6,125
100 years and over
5
0
0
60
20
75
Source: Statistics Canada 2016 Census Data
Table 2.5 Population Distribution: Spaniard's Bay vs. Province
% Population
Spaniard's Bay
Province of NL
Distribution
Total
male
female
Total
male
female
0 to 14 years
14.5
14.6
14.4
14.3
15.0
13.6
15 to 64 years
66.2
66.9
65.6
66.2
66.4
66.1
65 years and over
19.4
18.8
20.0
19.4
18.6
20.3
85 & over
1.3
1.2
1.9
1.8
1.3
2.3
Avq aqe population
42.9
42.3
43.5
43.7
42.9
44.4
Source: Statistics Canada 2016 Census Data
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2.4.3
Household and Family Characteristics
In Spaniard's Bay there are a total of 840 census families in private households. Of these
720 identify as couple families (married or common-law) and 370 of those have no
children, while 345 have children. There are 120 lone parent families and 80 have one
child, 35 have 2 children and 10 are composed of 3 or more children.
2.4.4 Household Income
The average total household income, as reported in 2015 for Spaniard's Bay is $80,154
and slightly higher provincially at $87,392. There are 260 households whose 2015 income
was less than $30,000 in that time period. There were 320 households in the municipality
that reported a 2015 income greater than $100,000.
2.4.5 Labour Force Status
Labour force status includes a municipality's total population 15 years and over that is
eligible to be in the labour force. In Spaniard's Bay 1,180 individuals are in the labour
force, while 1,090 are not in the labour force. The latter may be retired or not actively
seeking work. There are 1,030 employed residents and 150 who are unemployed. The
unemployment rate for Spaniard's Bay is 12. 7% compared to a higher rate of 15.6%
provincially. Thus, Spaniard's Bay residents have a higher participation in the labour force
than the province as a whole.
2.4.6 Education
The residents of Spaniard's Bay are well educated. About 1,790 individuals in private
households, aged 15 years and over have achieved a high school certificate, diploma or
degree while 480 have none. There are 615 individuals with a high school diploma or
equivalent and 1,175 have a post-secondary diploma certificate or degree. The latter
include the trades, college and university certificates, diplomas, and degrees at the
bachelor level. Thirty individuals hold a master's degree. Major fields of study include:
education, social sciences, business, management and public administration,
architecture, engineering technologies, health care and personal, protective and
transportation services.
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2.5 Municipal Finance and Services
In December 2019, the Town Council of Spaniard's Bay adopted its Annual Operating
Budget for 2020. The budget proposes that all rates and fees for 2020 shall remain
unchanged for the coming year. Council's Balanced Operating Budget for 2020 with
Revenues and Expenses totals $2,322,292.64.
The Town of Spaniard's Bay provides the usual municipal services: water and sewer, road
construction and maintenance, snow clearing, street lighting, garbage collection, volunteer
fire brigade, and recreational sites and facilities. The Town's major service expenditures
are the water and sewer systems followed by road construction and re-surfacing.
2.6 Summary
According to the 2016 census data, the community of Spaniard's Bay has experienced an
increase in population since 2006, with a current total population of 2,653. The community
enjoys steady employment rates, incomes almost on par with the province and housing
prices that are affordable. The community has grown in the last decade and offers
residents a favourable lifestyle in a pastoral rural setting that is within an easy commute
to other larger centres.
2.7 A Strategy for Growth and Change
The development strategy for the Town of Spaniard's Bay, Municipal Plan 2021-2031 is
to continue to reinforce the patterns of development that have evolved over the last
number of decades. The emphasis will be on retaining and strengthening current land use
patterns to minimize the inefficient use of land and services. The continued provision of
commercial and community services, the enhancement of tourism, recreation and open
space opportunities and the protection of significant environmental features and lands will
be the focus of this plan.
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3.0
VISION, GOALS AND OBJECTIVES
This section outlines the Town's planning vision, goals, and objectives that will be pursued
for the period. The vision statement establishes a broad picture of the community's future
- a future that Council will endeavour to achieve through the implementation of the policies
and proposals outlined in the Municipal Plan. A goal is a desired state that reflects the
long range desires of Council and is related to an area of concern. It is concrete, realistic,
action-oriented and attainable within a period of three to five years. The realization of an
objective should move the goal closer to reality. The community vision, goals and
associated objectives were determined through consultation with Council and the public.
3.1 Community Vision
Spaniard's Bay Town Council adopted an Integrated Community Sustainability Plan
(ICSP) in 2011. The !CSP defines the five pillars of sustainability including Environmental,
Economic, Social, Cultural, and Governance matters. Residents of the municipality were
invited to participate in the development of the !CSP and together with Council, created a
vision for the future growth of the town that reflects their goals and aspirations. It was
determined by the participants, that the ICSP Vision of 2011 is still relevant and should be
adopted as the community's long term planning aim, as follows:
"Spaniard's Bay, drawing its strength from the "Lassy Wall", is unique both in its
physical location and its culture.
The "Lassy Wall," which can be seen on the
shoreline in front of the Holy Redeemer Anglican Church, was constructed by
community residents during the Great Depression.
Built on the strength of rock,
the Town of Spaniard's Bay has a rock solid foundation as it moves to the future.
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In order to achieve this vision, a number of goals have been identified to provide the
foundation for specific objectives and land use policies as described in the following
sections. The following community goals reflect the Vision Statement and will guide the
Town of Spaniard's Bay over the next decade.
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3.2
Community Goals
Based on a comprehensive background study of the Spaniard's Bay Planning Area, the
following goals and objectives have been developed for a ten year planning period. The
goals and objectives also reflect the intent of the ICSP.
Goal A:
Physical Structure
A1. To encourage a growth structure for Spaniard's Bay which will ensure land use
compatibility, orderly development and the economic use of municipal services.
A2. To control future growth of the town in such a manner as to develop a balanced
and attractive community.
A3. And to protect the natural environment and natural resources throughout the
Planning Area.
Objectives:
1.
To allocate land for future development on the basis of its best use considering its
physical characteristics and location.
2.
To permit development to occur only with appropriate municipal or on-site services.
3.
To ensure that natural areas such as drainage courses, rocky outcrop and rugged
shorelines, and steep slopes are protected from development to preserve
environmental resources and the rural character of the Town.
4.
To preserve the rural character of the Town allowing residents to maintain activities
such as small-scale traditional uses without creating problems for neighbouring
residents.
Goal B:
Economic Development
81 . To encourage diversified and balanced economic development that fosters
employment opportunities for local residents, promotes a high quality of life,
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contributes financially to the municipality, and protects the environment.
82. To promote Spaniard's Bay as an attractive place to live drawing on its pleasing
residential environment, natural and scenic character, municipal services, and
reasonable cost of living.
Objectives:
1. To support continued operation of existing home occupations through provision
of high quality municipal services.
2. To encourage the emergence of new commercial businesses including additional
home occupations.
Goal C:
Housing
C1. To provide for an adequate quality, quantity and mix of housing to serve the needs
of the present and future population.
C2. To provide for a good quality residential environment through good site design
and a high standard of municipal services.
C3. To provide for residential growth which maximizes the efficient use of land and
services.
Objectives:
1. To provide an adequate amount of serviced land to accommodate residential
development within the municipality.
2. To encourage the improvement of substandard dwellings.
3. To provide for a mixture of housing types within the municipality including
affordable housing and housing geared to seniors.
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Spaniard's Bay Municipal Plan 2021 - 2031
4. To encourage the development of residential infilling lots within the built up area
of the municipality.
5. To maintain the present high standard of housing in the community, through
residential site design and a high standard of municipal servicing.
Goal D:
Transportation
01. To provide a safe and efficient network of local roads that adequately serves the
residents of Spaniard's Bay.
Objectives:
1. To maintain existing municipal roads through a regular maintenance and
improvement program.
2. To improve the road network by connecting streets which require a second
access.
3. To reserve land for future access to backlands.
Goal E:
Municipal Services
E1. To provide, where possible, a full range of municipal services and social to
residents of Spaniard's Bay.
Objectives:
1. To ensure that on site services meet the standards the Department of Digital
Government and Service NL.
2. To provide fire protection to all residences through the provision of adequate
residential fire flows.
3. To ensure that land is reserved throughout the town for recreation, open space,
and cultural land uses.
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4. To ensure public access to the major natural features of the planning area such
as the vistas, ponds, streams, and ocean shorelines.
Goal F:
Environment
F1. To provide a pleasant and safe living and working environment in Spaniard's Bay.
F2. To encourage a community philosophy that values and protects it natural
environment, and conserves, protects, and where possible, enhances important and
sensitive environmental resources.
F3. To encourage the preservation of natural resources and promote the development
of sustainable development activities.
Objectives:
1. To provide water, sewage and solid waste disposal services which are at an
environmentally acceptable standard.
2. To prohibit development in excessively marshy areas.
3. To protect the designated Spaniard's Bay Brook Pond Protected Watershed from
any development or activity which could affect the quality of the water supply.
4. To discourage development in areas with slopes greater than 15 percent,
recognizing that development in such areas can result in environmental damage
and higher costs for servicing and maintenance.
5. To maintain a minimum 15 - 30 metre buffer of land from the high water mark of
ponds, lakes, streams, and shorelines for conservation use.
6. To ensure development in the floodway and floodway fringe receives prior
approval from the Water Resources Management Division, Department of
Environment and Climate Change.
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7. To protect natural resources from degradation including water, air, soils, traditional
agricultural land, forests, and scenic areas.
8. To ensure the preservation and enhancement of existing hiking trails as points of
public access.
Goal G:
Municipal Finance
G1. To manage municipal expenditures and revenues so as to provide necessary
municipal services within a framework of long-term financial stability.
Objectives:
-
To manage municipal expenditures within a framework of restraint and maximum
return of investment.
-
To manage the municipal debt, considering the Town's ability to meet its
expenditures over the long term.
-
To encourage a more diversified economic base to generate more revenues
through business taxes.
Goal H:
Culture, Recreation and Open Space
H1. To provide a range of leisure and recreation facilities that address the needs of all
residents of Spaniard's Bay and that are within the Town's financial capabilities. To
support the provision of services and facilities that enhance the personal and physical
well-being of residents.
Objectives:
1. To facilitate and ensure that sufficient space, facilities and programs are provided
to meet the year round recreational, and leisure needs of Spaniard's Bay residents.
2. To develop and maintain facilities and natural areas to accommodate a range of
active and passive recreational opportunities.
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3. To facilitate and encourage the provision of leisure and recreation programs by
community based groups that are responsive, accessible and affordable for all
Spaniard's Bay residents.
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4.0
THE LAND USE PLAN
The following policies with accompanying Generalized Future Land Use Maps constitute
the land use component of the Spaniard's Bay Municipal Plan, 2021-2031 .
Included are
policies which are seen as necessary by Council to ensure that the physical development
of Spaniard's Bay is undertaken in an efficient and economic manner during the ten-year
(2021 - 2031) life of this municipal plan.
4.1
General Land Use Policies
The following policies can be categorized as general in scope in that they can be applied
to more than one land use and to different sections of the Town of Spaniard's Bay. They
are therefore presented as a separate section of this Land Use Plan. Policies specific to
each land use designation and zone appear in subsequent sections.
GLUP-1
Subdivision Policies
All proposed subdivision developments shall be subject to a comprehensive evaluation
by Council. The content of this evaluation will be detailed in the Spaniard's Bay
Development Regulations and will include:
-
An investigation of physical features of the site and the opportunities and
constraints to development that they represent. Where possible, the layout of
proposed lots and roads shall conform to the topography;
-
An outline of how the proposed subdivision will integrate with existing development
and roads and services on adjacent lands and provide for future access to
undeveloped lands in the area;
-
Compatibility between the subdivision and surrounding land uses, both existing
and future; and
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A review of municipal servicing proposals by the developer and the public costs of
providing and maintaining these services.
-
Development works within the Town that disturb an existing Control Survey Marker
must be reported to the GIS and Mapping Division, Department of Fisheries,
Forestry and Agriculture.
GLUP-2
Non-Conforming Uses
It is the policy of Council, in accordance with Section 108 of the Urban and Rural
Planning Act, 2000, to recognize that any development or land use that legally
exists on the day this Plan comes into effect, may continue. Where a building or
use exists which does not comply with the intent of the Plan and the designation
use, it shall not be allowed to substantially expand. Minor extensions may be
approved provided there will be no adverse effects on surrounding properties or
the environment and a change from one non-conforming use to another more
acceptable use may be permitted.
GLUP-3
Development Agreement
As a condition of approval, the Council shall require the developer to enter into a
development agreement with the Town.
GLUP-4
Public Open Space
It is Council's policy that a minimum of 10% of the gross area of land developed
for subdivision purposes shall be dedicated to the Town as Public Open Space.
This land would be suitable for walking trails, parks, green belts etc. Council may
accept from the developer in lieu of such area of land, payment of a sum of money
equal to the fair market value of the land which would otherwise be required to be
dedicated.
GLUP-5
Easements and Emergency Access
Where land is required for utility easements or emergency access, such land shall
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be obtained for the appropriate agency in the course of approving subdivision or
other development applications.
GLUP-6
Soils and Drainage
It is Council's policy that development shall only be permitted on lands having soil
and drainage conditions which are suitable to permit the proper siting and
development of the proposed uses.
GLUP-7
Building Setbacks
Building setbacks from roads shall be provided in accordance with the Spaniard's
Bay Development Regulations to preserve the right-of-way widths specified in the
Development Regulations.
Such setbacks should be sufficient to allow
appropriate landscaping and to permit the parking and movement of vehicles clear
of any road allowance.
GLUP-8
Access to a Public Street
It is Council's policy that all development shall front onto a publicly maintained
street, unless otherwise specified in this Plan.
GLUP-8
Archaeological Sites
It is Council's policy that archaeological sites, areas with archaeological potential
and fossil site shall not be disturbed. Any ground disturbance requires a Permit
from the Provincial Archaeological Office (PAO), Department of Tourism, Culture,
Arts and Recreation for all of these sites which are identified on zoning map A.
There are four archaeological sites and a significant fossil site located within the
planning area and on record with the PAO. The four known archaeological sites
are protected under the Historic Resource Act. The PAO indicates that an
unnamed point east of Mint Cove has been identified as having archaeological
potential
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GLUP-9
Forestry Uses/Wildlife
Traditional use of the land base for activities such as domestic wood cutting,
commercial wood harvesting, hunting, fishing and other outdoor recreational
opportunities and important values to the residents of Spaniard's Bay.
Currently, there is one domestic and one commercial wood harvesting areas within
the planning area. The Cat Hills domestic area is also located within the Kelly's
Pond/Spider Pond water supply areas. These are traditional harvesting areas
and are continually monitored for sustainability and environmental damage by
Forestry Branch, Department of Fisheries, Forestry and Agriculture .
There are three plantations located within the planning area. These areas consist
of two Jack Pine stands and a recent plantation of Japanese Latch and White
Spruce and are designated on the Spaniard's Bay Land Use Zoning Maps.
Three avian species, Red Knot, Barrows Goldeneye, and Harlequin Duck are
located in the Municipal Planning Area. These three species are protected under
the Newfoundland and Labrador Endangered Species Act, 2009, Section 16( 1)
which states: "A person shall not disturb, harass, injure, or kill an individual of
species designated as threatened, endangered, or extirpated."
GLUP-10
Survey Control Marker
It is Council's policy that development works within the Town that disturb an
existing Control Survey Marker must be reported to the GIS and Mapping Division,
Department of Fisheries, Forestry and Agriculture.
GLUP-11
National Building Code of Canada
Council shall direct developers to the National Building Code of Canada.
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GLUP-12
Highway Sign Regulations, 1999
It is Council's policy to require signage along any provincial highway be referred to
and approved by the Department of Digital Government and Service NL for
approval.
GLUP-13
Protected Road, Route 75
The Veteran's Memorial Highway, Route 75, is a Protected Road. Development
within 100 metres of the highway centerline requires a Permit under the
Protected Road Zoning Regulations. Applications shall be referred to the
Department of Digital Government and Service NL.
4.2
Environmental Policies
EP-1
Preservation of Trees
Mature trees shall be preserved and replaced where necessary. Such trees shall
be removed only if they become dangerous because of age, disease, or proximity
to a building; if they are overcrowded, and unduly inhibit light and air circulation for
landscape purposes and building occupancy, or if they will unduly inhibit
construction.
EP-2
Protection of Watercourses, Wetlands Fish and Waterfowl Habitat
Rivers, streams, ponds, and shorelines shall be protected from pollution. The
existing vegetation shall be maintained along banks and shorelines where
possible. No development shall be permitted within a minimum of 15 metres of a
watercourse without approval from the Department of Environment and Climate
Change, and if fish habitat is affected, from Fisheries and Oceans Canada.
EP-3 Alterations to the Natural Environment
Development proposals for altering the natural environment shall include plans for
grading, ditching, and landscaping. Significant alterations (such as changing the
drainage pattern or removing vegetation) will be considered during the evaluation
of development proposals.
Alterations which will adversely affect adjacent
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property or watercourses shall not be permitted. Topsoil or sods shall not be
removed except with the approval of Council.
EP-4
Environmentally Sensitive Areas
Development shall be prohibited in environmentally sensitive areas such as steep
slopes and bogs.
Development shall also be prohibited in areas prone to
landslides, rockfall, and coastal flooding due to storm surge and sea level rise.
Based on the potential future impact of sea level rise and storm surge, the
Geological Survey considers the areas below the present 4.0 metre contour are
highly vulnerable to coastal flooding. Council shall monitor development below the
4.0 metre contour to ensure proposed developments incorporate coastal
protection measures or enhanced engineering solutions.
Areas above the 4.0 metre contour may also be at risk from coastal flooding and
erosion including storm surge in the future. During the planning period, Council
shall monitor lands above the 4.0 m contour that may also be at risk.
Steep slopes and other areas of geological hazard shall be subject to development
restrictions or other conservation measures designed to minimize environmental
impacts and mitigate risks to adjacent properties resulting from development.
Council shall prohibit development in areas within 30 metres of the rock cliff along
the coastline where coastal erosion has been identified or is of concern.
EP-5
Mineral Workings
The adverse effects of mining, quarrying and mineral exploration such as dust,
noise, and visual impact shall be minimized through adequate separation from
adjacent land uses. Derelict lands are to be rehabilitated by the operator prior to
abandonment.
Mineral exploration shall be permitted in the planning area as set out in the policies
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of this Plan and conditions of the Spaniard's Bay Development Regulations.
Aggregate mining and extraction shall only be permitted with the approval of a
quarry permit from the Mineral Lands Division, Department of Industry, Energy and
Technology and approval of the Town of Spaniard's Bay.
EP-6
Habitat Management Plan
The Town of Spaniard's Bay, along with the Town of Bay Roberts, signed a joint
Municipal Wetland Stewardship Agreement on June 6, 1997, and is now an
important link in wetland conservation. Through this agreement, the town agrees
to manage wetlands within its jurisdiction with technical advice from the partners
of the Eastern Habitat Joint Venture.
Habitat Management Plan Objectives:
-
Restore, enhance and/or protect the important wetlands in Spaniard's Bay and
Bay Roberts;
-
Promote a greater appreciation of wetlands and wetland values; and
-
Include wetland values in the municipal plan.
Habitat Management Plan Benefits:
-
Maintain healthy populations of waterfowl, other species and water quality;
-
Provide opportunities for canoeing, hiking, photography, birdwatching, and
hunting; and
-
Provide opportunity to learn more about nature, especially wetlands and
waterfowl conservation.
Significant Wetlands within the Stewardship Zone
The Towns of Bay Roberts and Spaniard's Bay both border on the Shearstown
estuary. This estuary receives an inflow of both freshwater from the Shearstown
River and saltwater from Spaniard's Bay. The Conception Bay Highway and the
old railway has bisected the estuary into what is known as Arnie's Pond and
Shearstown Pond. The water depths of the estuary are quite shallow, often less
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than one metre and supports extensive beds of eel grass.
In areas of lower
salinity levels and shallower water widgeon grass tends to form large mats over
the mud substrate. The inner portion of Spaniard's Bay and Arnie's Pond remain
relatively ice free throughout the year. From late fall to early spring overwintering
waterfowl congregate to feed on the abundant populations of invertebrates that live
among the aquatic vegetation.
Applications for development located within the Stewardship Zone and within
wetland areas shall be reviewed by Council to ensure that sensitive waterfowl
habitats are preserved and protected. Council shall refer development proposals
within sensitive wetland habitat to Wildlife Division, Department of Fisheries,
Forestry and Agriculture, for review and comment. Council may use mitigating
measures to reduce any habitat degradation that may result from development
within the Zone.
Management Units
There are two management units that form part of the Stewardship Zone. One is
the Aquatic Management Unit which comprises of the estuary which receives an
inflow of both freshwater from the Shearstown River and saltwater from Spaniard's
Bay. For Spaniard's Bay, the second Terrestrial Management Unit is the wetlands
bound by the estuary running north to Muddy Hole Road as identified on the Future
Land Use Map.
Review Process
Where a development is proposed within the Stewardship Zone, and the Town is
unsure of the impacts to the conservation of the area, the Town shall refer the
proposal to the Wildlife Division, Department of Fisheries, Forestry and Agriculture,
for a 30 day review. The Wildlife Division shall provide advice to the Town on the
possible impacts of the proposal and mitigation measures that can be
implemented.
The Town's decision shall be consistent with the Stewardship
Agreement.
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Where a proposed Municipal Plan amendment, regulation or bylaw may affect land
within the Management Units, that proposal shall be referred to the Wildlife Division
for a 30 day review to ensure that it is consistent with the purpose of the
Management Plan. Any proposed amendment to this Municipal Plan that may
have an impact on a Management Unit must be approved by both partners.
Proposed development within the Management Unit that may potentially threaten
or negatively impact the habitat of the Unit, shall require the approval of the Wildlife
Division.
4.3
Flood Risk Areas
General Intent
In the Spaniard's Bay Municipal Planning Area, most watercourses and wetlands
are contained in the watershed of Shearstown River, which is the common border
with its neighbour to the south, Bay Roberts. The outlet of Shearstown River
empties into Conception Bay within the southern built-up area of the town.
Spaniard's Bay has a small Flood Risk area that has been subject to flooding in
past. These areas include land near the mouth of Shearstown River as well as
some areas along the northside of Shearstown River that may be prone to flooding.
(See Figure 1)
Land use zones should consider areas that are prone to flooding and/or are low-
lying in relation to the watercourse and their proximity to existing developed areas
and infrastructure in addition to areas of future development.
Within the area designated as Flood Risk on the Future Land Use Map(s), areas
shall be further categorized on the Zoning Map(s) as the following zone:
Flood Risk - FR
Permitted uses in the Flood Risk (FR) zone include: Environmental Protection.
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Criteria for the location and establishment of Rural Uses are outlined in the policies
of this Plan and in the Development Regulations - Use Zone Tables, Schedule C.
Other uses may be permitted in the rural designation at the discretion of council.
Discretionary Uses include: Open Space Recreation limited to Passive
Recreation uses only.
These uses may be permitted at the discretion of the Council provided they are
compatible the intent and character of the Flood Risk zone. In addition to the
standards outlined in the Development Regulations, Council may apply terms and
conditions to discretionary uses.
Flood Risk Policies
FR - 1. Development Not Permitted
It is Council's policy to prohibit development, within the flood plain or buffer, other
than low-impact land uses such as trails, minor accessory buildings. In addition to
the standards outlined in Schedule C the Development Regulations, Council may
apply further terms and conditions.
FR - 2. Policies for Flood Plain Management - Section 48, Water Resources
Act, 2002
-
It Is Council's policy that no development shall be permitted in a designated
flood risk area prior to applying for permitting from the Department of
Environment and Climate Change, Water Resources Management Branch
under Section 48 of the Water Resources Act, 2002.
-
Any work within a designated flood risk area must comply with the
Department's Policy for Flood Plain Management and any conditions that may
be imposed by the Department.
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-
Uses in the flood plain are restricted and shall comply with Section 6.04 -
Project Classifications, as identified in Policy for Flood Plain Management -
Environment and Climate Change (gov.nl.ca).
FR - 3. Non-conforming Residential Uses
It is Council's policy that existing residential uses may be renovated however, no
building or structure shall be increased in terms of its building footprint or height.
Objectives:
1. To prohibit development in areas prone to flooding as identified on the Generalized
Future Land Use Map (figure 1 ).
2. To ensure development in the flood risk area receives prior approval from the
Water Resources Management Division, Department of Environment and Climate
Change.
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1 :20 AEP Base Case Floodline
Stewardship Zone
Management Unit (Terrestrial)
Management Unit (Aquatic)
Municipal Planning Area Boundary
/
/
Dote: 2021-10-0<
50 25 9
50
100
Figure 1
4.4
Servicing Policies
SP-1
Municipal Services
Within and near serviced areas, new development shall only be permitted in areas
which can be provided with full municipal water and sewage services. In areas
where water and/or sewage must be pumped, Council will evaluate the cost of
installing and maintaining pumping stations before permitting development to
proceed.
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SP-2 On-Site Sewerage Disposal
No on-site sewerage disposal system shall be closer than 30 metres from a
waterbody or watercourse and shall comply with Digital Government and Service
NL, Septic or Water Systems Approval.
SP-3 Groundwater Assessment
New subdivisions consisting of five (5) or more lots shall require a groundwater
assessment to be undertaken to determine the acceptable quality and quantity of
drinking water. The Groundwater Supply Assessment and Reporting Guidelines
for Subdivisions Serviced, by Individual Private Wells, provide administrative and
technical guidance to developers. The Water Resources Management Division,
Department of Environment and Climate Change, should be contacted prior to new
residential subdivision development
4.5
Specific Policies - Land Use Designations
LUD-1 The land resources of the Spaniard's Bay Planning Area shall be managed in
accordance with the proposed land uses shown on the Generalized Future Land
Use Maps 1 and 2 and the land use policies contained within this Municipal Plan.
Ten land use designations apply to the municipality of Spaniard's Bay.
LUD-2 The Generalized Future Land Use Maps establish the pattern of development by
dividing the Planning Area into the following land use designations:
-
Residential
-
Mixed Use
-
Commercial
-
Industrial
-
Public Use
-
Open Space Recreation
-
Open Space Conservation
-
Transportation Highway
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-
Watershed
-
Rural
The following policies are applied specifically to the land use designations listed above.
4.5.1
Residential
Residential - General Intent
Residential is the major land use in Spaniard's Bay. The need for new building sites will
be primarily for housing. There are very few areas of land in the older part of Town
capable of development. Little infilling of residential areas remains. Council's intention is
to see the completion of a major subdivision along the north side of Big Pond. Ridge Road
area has some infill potential but may be limited for residential development due to
provincially regulated Blueberry Management Units.
Objectives:
-
To promote a safe and serviced residential environment by controlling the
classes of land use and characteristics of development permitted within
residential areas.
-
To designate land for residential use and promote its further development in a
manner designed to make efficient use of municipal services.
-
To ensure that residential development takes place in a manner that does not
prejudice access to and appropriate development of neighbouring land.
General Residential Policies:
RES-1:
It is the policy of Council to encourage and support a mix of housing types and
densities within designated residential areas.
RES-2:
It is the policy of Council to encourage and support the design and development
of high quality and innovative forms of housing.
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RES-3:
RES-4:
RES-5:
It is the policy of Council to encourage and support the development of
affordable housing as well as housing appropriate to the needs of seniors.
Development of residential units shall be permitted only in areas with direct
access to a public street.
It is the policy of Council that Home Based Businesses shall be permitted in
residential areas in accordance with provisions as outlined in Schedule C of
the Development Regulations.
RES-6:
Backlot development may be permitted at the discretion of Council in
developed areas behind existing dwellings where vacant parcels of land exist
which are of sufficient size for a building lot, but which do not have the required
frontage on a publicly maintained street.
In such cases, the following
requirements shall be met:
-
The site is located in an area zoned for Residential development in the
Spaniard's Bay Development Regulations;
-
Approval for on-site water supply and sewage disposal must be obtained
from Council and Digital Government and Service NL;
-
The development of the lot does not prejudice the use of adjoining
backland. Where there is potential for additional development in the area,
the lot and access shall be developed in a manner which will accommodate
future development. In such cases, access to the public street must be of
sufficient width (15 metres) to accommodate future public use;
-
Where there is no potential for additional development, the access road
shall be treated as a private driveway and only one backlot development
shall be permitted;
-
Council shall be satisfied that the backlot development will not detract or
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restrict other types of development on adjacent lands;
-
Approval of any backlot development shall. not affect the legal conformity
of any existing lots;
-
To ensure that Council can meet its responsibility for public safety and
emergency access, the dwelling on a backlot shall be a minimum of 32
metres and a maximum of 100 metres from a public street; and
-
Standards for backlot development shall be established in the Spaniard's
Bay Development Regulations.
Residential Density
The areas designated as Residential Use on the Generalized Future Land Use Map, shall
be further categorized on the Land Use Zoning Map as the following zones:
-
Residential Medium Density (RMD)
-
Residential Infill (RI)
-
Residential Subdivision Area (RSA)
The detailed requirements of these zones are outlined in the Schedule C of the
Development Regulations. All residential development shall comply with the general land
use policies of this Plan and as set out by regulation in the Development Regulations.
Residential Medium Density (RMD)
The Residential Medium Density zone is applied to areas where priority will be given to
new
serviced
residential
development
or to
maintaining
existing
residential
neighbourhoods during the Planning Period.
Residential Medium Density Policies:
RMD-1:
It is the policy of Council to permit specific uses in the form of single dwelling,
double dwelling, and recreational open space as the primary uses within the
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Residential Medium Density Zone.
RMD-2:
It is the policy of Council to permit on a discretionary basis: row dwelling,
apartment building, mini home and modular home, boarding house residential,
place of worship, educational, convenience store, catering, childcare, bed and
breakfast, home occupation, cultural and civic uses, special care institutional
(seniors living, long term care home), light industry, personal service, utilities,
traditional agriculture, antenna and cemetery; subject to terms and conditions
as outlined in Schedule C of the Development Regulations.
RMD-3
It is Council's policy that compatible open space and uses such as parks maybe
permitted as a discretionary use within residential areas, provided that
a)
The use does not conflict with neighbouring uses;
b)
The dominant use within the area is residential; and
c)
Adequate pedestrian and vehicular access and on-site parking can be
provided.
RMD-4:
It is Council's policy local convenience stores and other limited commercial
uses which serve local neighbourhood needs may be permitted within
residential areas provided that the commercial use is clearly subsidiary to the
residential use (e.g., where the commercial use is contained within the
residence), as outlined in Schedule C of the Development Regulations.
RMD-5:
It is Council's policy that local commercial uses within Residential areas should
be located in proximity to a major road.
RMD-6:
It is Council's policy that Boarding House Residential uses may be permitted
at the discretion of council and subject to terms and conditions as set out in
Schedule C of the Development Regulations.
RMD-7:
It is Council's policy that infilling between existing buildings and properties shall
be permitted subject to the policies of this Plan and other requirements for
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servicing, design and safety as outlined in the Development Regulations, and
from appropriate provincial agencies, including the Department of Digital
Government and Service NL and the Department of Municipal and Provincial
Affairs.
Residential Infill (RI)
The intent of the Residential Infill land use applies to land where water and sewer services
are not expected to be installed in the immediate future and Council wishes to allow for
infill residential development. Development will be required to provide for onsite services
such as water and sewer. A high priority will be attached to meeting physical and
environmental site criteria. New residential development shall front on existing roads.
No new residential roads shall be constructed.
Residential Infill Policies:
Rl-1:
It is the policy of Council to permit single dwelling, double dwelling, recreational
open space as the primary uses of land in the RI land use zone.
Rl-2:
It is the policy of Council to permit on a discretionary basis: childcare, bed and
breakfast, home occupation, mini home and modular home, personal service,
light industry, convenience store, traditional agriculture, and antenna subject to
terms and conditions as outlined in Schedule C of the Development
Regulations.
Rl-3:
It is Council's policy that new dwellings shall be built on lots large enough to
permit the long term operation of an on-site sewage disposal system. Each
individual lot must be capable of supporting on site services and approved by
the Department of Digital Government and Service NL.
Rl-4:
It is Council's policy that home based businesses involving the manufacture of
goods or the provision of services may be permitted at the discretion of Council
provided the primary use of the property remains residential; the home based
business is entirely enclosed within a building; and the home based business will
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not be in conflict with or negatively affect the surrounding residential area
because of noise, fumes, dust, objectionable odours, hours of operation, traffic,
size, or inappropriate location.
Residential Subdivision Area (RSA)
Council intends that these areas be developed as comprehensive residential subdivisions
fully serviced with water and sewer. Development shall only occur with the installation of
water and sewer mains connecting to municipal services. These areas shall be developed
by approval of a subdivision development scheme. The Residential Subdivision Area
shall consider onsite service requirements, topography, adjacent land uses, future
development of surround lands, road networks, and any other specific requirements as
established in the plan.
Future residential development in Residential Subdivision Areas shall require a
Development Scheme to be completed to Council's satisfaction before development is
permitted to occur. The Development Scheme document with text and appropriate maps
and drawings shall be a prepared by an accredited professional. Council will offer public
consultation regarding the development proposal and will consider comments or
representations received prior to adopting an amendment to the Development Regulations
for rezoning. The detailed requirements of this zone are outlined in the Schedule C of the
Development Regulations.
Residential Subdivision Area Policies:
RSA-1: Council shall consider permitting a Residential Subdivision Scheme when it is
satisfied the following conditions have been met:
(a)
An engineering evaluation is completed of the capability of the site to
accommodate onsite water and sewage services, including assessment of
soil, drainage, and vegetation cover, ensuring that the property can sustain
private water and sewage services for the long term;
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(b)
Street layout and linkages with existing or proposed streets surrounding the
scheme area;
(c)
Requirements for play areas or parks, as per the standards of Council and the
requirements of the Urban and Rural Planning Act 2000;
(d)
Compatibility with surrounding land uses (those uses which could be
incompatible with residential uses in terms of adverse visual, noise or other
impacts, will be planned very carefully in the areas surrounding the Scheme
areas);
(e)
The most suitable mix and location of housing, and;
(f)
A phasing plan outlining the stages in which the property will be developed.
RSA-2: Upon approval by Council of a Residential Subdivision Scheme, an
amendment to the Development Regulations is required to bring the scheme
into effect.
4.5.2
Mixed Use
The predominant land use along the Conception Bay Highway between Spaniard's Bay
is residential.
The area also contains several commercial and light industrial
businesses.
To provide opportunities for further commercial/light industrial
development, while protecting residential development, this area is designated Mixed
Use on the Generalized Future Land Use Maps and will also be categorized on the Land
Use Zoning Maps as Mixed Use (MU). The detailed requirements of this zone are
outlined in the Schedule C of the Development Regulations.
Policies:
MU-1: It is the policy of Council to permit the following uses: single dwelling, double
dwelling, row dwelling, apartment building; office, medical and professional,
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personal service, general service, communications, police station, taxi stand,
take-out food service, veterinary, shop, indoor market, outdoor market and
convenience store as the primary use of land in the MU land use zone.
MU-2: It is the policy of Council to permit home occupation and light industrial uses as
a discretionary use that are limited to small scale uses such as: carpentry shop,
appliance repair, manufacturing, or storage of goods subject to terms and
conditions as outlined in Schedule C of the Development Regulations.
MU-3:
Light industrial uses shall be considered provided that the surrounding residential
uses are not negatively affected by the light industrial use due to noise, smoke,
odour, dust, vibrations or unsightly appearance; the light industrial use is
designed and built in a style which is compatible with the surrounding land uses;
a buffer is provided between the light industrial use and surrounding residential
uses; and adequate off-street parking and loading facilities are provided for each
commercial and light industrial land use.
4.5.3 Commercial
Spaniard's Bay serves the local area with various professional services and light industrial
businesses. Spaniard's Bay also provides a broad variety of businesses which meet the
consumer needs of the local population.
Spaniard's Bay does not have a concentrated commercial core; businesses form
commercial nodes loosely distributed along the Conception Bay Highway. These nodes
are located at Northern Cove Pond; in the vicinity of Mint Cove Pond; and at the Bay
Roberts town boundary.
A new commercial/industrial park is proposed at the end of Brown's Road where it
intersects with Veteran's Memorial Drive. The area proposed for the commercial/industrial
park is approximately 1 km2 in area with approximately 39 individual sites having areas of
approximately 2 hectares. The main access points are from Veteran's memorial Drive
with possible connection with the Tilton interchange. A referral to the Department of
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Transportation and Infrastructure shall be required prior to any development permit being
issued by the Town.
Areas designated as Commercial on the Generalized Future Land Use Maps, will be
further categorized on the Land Use Zoning Map as Commercial General - CG Zone. The
detailed requirements of this zone are outlined in the Schedule C of the Development
Regulations.
Policies:
CG-1:
It is the policy of Council to permit the following uses: theatre, cultural and civic,
CG-2:
CG-3:
CG-4:
CG-5:
general assembly, educational, place of workshop, passenger assembly, club
and lodge, catering, funeral home, childcare, amusement, indoor assembly,
outdoor assembly, office, medical and professional, personal service, general
service, communications, police station, veterinary, shopping centre, shop,
indoor market, convenience store, commercial residential, light industry, service
station, medical treatment and special care, transportation, single dwelling, and
apartment building as the primary use of land in the Commercial General land
use zone.
Council may permit on a discretionary basis the following uses: outdoor
market, supplementary attached residence, antenna, taxi stand, take-out food
service, and general industry, subject to terms and conditions as outlined in
Schedule C of the Development Regulations.
All commercial and industrial buildings shall be connected to the municipal
water and sewer at the developer's cost and front on a public road.
Council may require a buffer or screen so that surrounding land uses are not
negatively affected by activities associated with commercial or industrial uses.
Adequate off-street parking and loading facilities shall be provided for each
commercial and light industrial land use.
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4.5.4 Industrial
To accommodate industrial uses, the north side of the Conception Bay Highway between
Round Pond and Riverhead Long Pond shall be designated Industrial. The following
policies restrict uses within this designation to those that cannot appropriately locate
within the built-up portion of Spaniard's Bay because of the potential for severe land use
conflict.
The areas designated as Industrial on the Generalized Future Land Use Map, shall be
further categorized on the Land Use Zoning Map as Industrial General (IG). The detailed
requirements of this zone are outlined in the Schedule C of the Development
Regulations.
Policies:
IG-1:
It is the policy of Council to permit General Industry uses such as sawmill, lumber
yard and cement batching plant, where these industrial uses are contained
primarily within buildings wherein the scale and type of storage or work activity will
not be intrusive or otherwise objectionable to neighbouring residential areas.
Light Industry uses shall also be permitted.
IG-2:
Council may permit on a discretionary basis industrial uses that involve
limited hazardous substances and processes such as scrap yard, animal (kennel),
veterinary, and antenna, with terms and conditions as outlined in Schedule C of
the Development Regulations.
IG-3:
It is the policy of Council to reserve sufficient land in appropriate locations to
accommodate industrial growth and relocation during the planning period.
IG-4:
It is the policy of Council to locate intrusive industrial uses in suitable locations to
minimize land use conflict between industrial uses and urban development, and to
protect other land uses and the natural environment from adverse effects of
industrial operation.
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4.5.5
Public Use
Lands designated Public Use are intended for purposes that serve the general public.
There are a number of civic and cultural building such as schools, churches and public
facilities in the town that form the basis of the social and economic fabric of the community.
Council will continue to support and encourage the development of public uses to expand
the economy and enhance the quality of life for residents.
Lands that are designated Public Use on the Generalized Future Land Use Maps are
also categorized on the Land Use Zoning Maps as Public Use (PU).
Policies:
PU-1:
It is the policy of Council to permit the following uses: cultural and civic,
PU-2:
PU-3:
general assembly, educational, place of worship, office, recreational open space,
and indoor and outdoor assembly.
It is the policy of Council to permit the following discretionary uses: theatre,
passenger assembly, catering, amusement, collective residential, taxi stand,
club or lodge, child care, medical and professional, funeral home, cemetery,
take-out food service, and antenna subject to terms and conditions outlined in
Schedule C of the Development Regulations.
The development of new public uses will be permitted subject to the
following conditions:
a) The site is adjacent to arterial or collector streets;
b) The proposed development is compatible with surrounding land uses, and will
provide for protection of adjacent residential uses through controls on signage
in addition to the provision of landscaping and buffering if required; and
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c) The proposed development can be connected to the existing municipal water
and sewer systems.
4.5.6
Open Space
The Town of Spaniard's Bay is fortunate to have an abundance of natural open spaces,
parks, recreational areas and magnificent shorelines, public access to water and
impressive views. Open spaces provide lands for small parks and playgrounds, for
walking and hiking, and can provide buffers between potentially conflicting uses. They
may also provide habitat for wildlife.
Lands designated for open space shall be used for purposes that serve several functions
including the provision of opportunities for active and passive recreation, the separation
of incompatible uses, and the protection of sensitive natural areas and wildlife habitats.
Lands that are unsuitable for development due to steep slopes or that are necessary for
protect waterways or wildlife will be identified for conservation.
Two categories of Open Space land uses designated within the Planning Area are:
-
Open Space Recreation (OSR); and
-
Open Space Conservation (OSC)
Lands that are designated Open Space Recreation and Open Space Conservation on the
Generalized Future Land Use Maps are also categorized on the Land Use Zoning Maps
as Open Space Recreation (OSR) and Open Space Conservation (OSC). Limited open
space and recreation uses are also permitted within all other land use designations and
land use zones as described by this Plan and outlined in the Development Regulations.
Open Space Recreation
Areas designated for open space recreation will be reserved primarily for active outdoor
recreational uses including recreational open space, and outdoor assembly. Structures
and small scale buildings that enhance the outdoor recreation use may also be allowed.
The development and operation of recreation facilities shall not impose adverse effects
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on adjacent residential and other uses in terms of noise, light, traffic, and hours of
operation. Adequate off-street parking facilities shall be provided.
Policies:
OSR-1:
It is the policy of Council to permit the following recreational open space and
outdoor assembly in the Open Space Recreation Land Use Zone.
OSR-2:
It is the policy of Council to permit the following discretionary uses:
convenience store, take-out food service, catering, antenna, and indoor
assembly subject to terms and conditions outlined in Schedule C of the
Development Regulations.
OSR-3:
At its discretion, Council may also permit structures and small scale
buildings that are accessory to the main outdoor recreation use and outdoor
assembly use subject to terms and conditions outlined in Schedule C of the
Development Regulations.
OSC-4:
It is the policy of council that land within the open space recreation zone shall
be a means of providing pedestrian access to recreation facilities and act as a
buffer between incompatible land uses (e.g., Industrial and Residential uses).
Open Space Conservation
Land designated for Open Space Conservation (OSC) shall serve to protect areas that
are environmentally sensitive such as natural features, scenic views, wildlife habitats,
protected water courses and shorelines that may function as recreation corridors to link
various areas of the community; or that are not conducive to development due to steep
slopes, potential for rock fall and erosion. Several cemeteries in the community which are
not located adjacent to church facilities also fall into this land use designation.
Policies:
OSC-1:
It is the policy of Council to permit conservation uses in the Open Space
Conservation land use zone.
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OSC-2: It is the policy of Council to permit the following discretionary uses
cemeteries and antenna subject to terms and conditions outlined in Schedule
C of the Development Regulations.
OSC-3:
It is the policy of Council to protect physical resources, such as
environmentally sensitive lands and wildlife habitat.
OSC-4:
It is the policy of Council to ensure that cemeteries, historic sites, and sites of
architectural and archaeological significance, are preserved and maintained.
OSC-5:
It is the policy of Council that the approval of new cemeteries in the Open Space
Conservation zone will be contingent on access to an existing public road, a
layout that facilitates public access, and no requirement for additional public
services.
OSC-6:
It is the policy of Council that no permanent buildings or structures, except
accessory buildings, shall be permitted on lands designated Open Space
Conservation.
4.5.7
Transportation Highway
To ensure an improved road system for the Town, it is necessary to establish a
hierarchy of roads according to their functions. There are three classifications of roads
as follows:
-
Arterial Roads - intended to function as the principal network for through traffic.
The Veteran's Memorial Drive, Route 75, shall be considered as an Arterial
Road.
-
Collector Roads - link local roads with arterials and carry traffic from town to
town, as well as local traffic within town. Access should be properly planned
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Route 70, is a collector road.
-
Local Roads - all other roads in the town are considered as local roads and
serve adjacent properties and generally, are not used as through traffic. The
width of pavement and the provisions of sidewalks should be related to the
volume of traffic.
Lands that are designated Transportation on the Generalized Future Land Use Maps
are also categorized on the Land Use Zoning Maps as Transportation Highway (TH).
Objectives:
-
To improve the Town's road system.
-
To establish a hierarchy of roads and road standards.
-
To enhance the safety and convenience of motorists on the Veteran's
Memorial Drive.
Policies:
TH-1:
It is the policy of Council to prohibit access from individual properties onto an
arterial road such as the Veteran's Memorial Highway, in order to preserve the
efficiency of the roads. Access shall be limited to public road intersections as
designated by the Department of Transportation and Infrastructure to ensure free
flow of traffic. In new residential development, new individual access will be
prohibited.
TH-2:
Collector roads link local roads with arterials and carry traffic from town to town,
as well as local traffic within town. Access points should be carefully planned.
Limited on-street parking may be allowed.
TH-3:
The remainder of the roads shown on the Future Land Use maps are local roads.
The speed and volume of traffic on local roads shall be kept at a safe level by
means of traffic signs and proper design for streets and intersections. Cul-de-
sacs or dead-end roads shall be provided with an adequate space where vehicles
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can turn around.
TH-4:
Adequate off-street parking shall be required for all uses of land in the Planning
Area. This will include parking for owners, residents, employees, visitors, and
customers, as appropriate, with parking standards to be established in the
Spaniard's Bay Development Regulations.
4.5.8
Watershed
The municipal watershed is a distinctive conservation land use where more stringent
measures are required for protection of public health and preservation of the natural
resource.
Rocky Pond serves as the main water supply within the Spaniard's Bay Municipal
Planning Area. The Rocky Pond watershed is protected under the Water Resources Act,
2002. Use of the watershed shall be limited to passive recreation uses such as hiking.
No permanent buildings or structures shall be permitted within the watershed, except
those required to control erosion.
Objectives:
-
To protect and preserve the quality of water of Rocky Pond as a source of
municipal water supply.
-
To ensure the continuous supply of an adequate volume of water to serve
the town.
Lands that are designated Watershed on the Generalized Future Land Use Maps are
also categorized on the Land Use Zoning Maps as Watershed (W).
Policies:
W-1:
It is the policy of Council to permit conservation uses in the Watershed land use
zone.
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W-2:
It is the policy of Council to permit the following discretionary use: mineral
workings, mineral exploration within the Rocky Pond watershed subject to terms
and conditions outlined in Schedule C of the Development Regulations. These
discretionary uses will also be subject to approval by the Department of
Environment and Climate Change.
W-3:
Council shall monitor the capacity of the catchment to ensure a safe and
adequate water supply for the Town.
4.5.9
Natural Resource Areas
Blueberry management areas, lands with aggregate potential and productive forest are
identified on the Spaniard's Bay Generalized Future Land Use Map. In some parts of the
rural and watershed areas, blueberry management areas, productive forest, and land with
aggregate potential overlap.
Blueberry Management Areas
Prior to the approval of any development on land identified as a blueberry management
area on the Spaniard's Bay Generalized Future Land Use Map, Council shall refer the
application to the Agriculture Branch, Department of Fisheries, Forestry and Agriculture.
Forest Management
The Town of Spaniard's Bay has no direct control over forest management within the
Planning Area.
It shall ensure that forestry activities are in accordance with good
management practices.
The Rural area contains wood stands that are valuable as a long-term domestic wood
supply for residents of Spaniard's Bay. The Forestry Branch, Department of Fisheries,
Forestry and Agriculture has designated one area for domestic wood harvesting (Cat Hills
area); an area for commercial wood harvesting (Kelly's Pond area); and three plantations
- two Jack Pine stands and a recent plantation of Japanese Larch and White Spruce.
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Mineral Working
Mineral working may be permitted as a discretionary use by Council. Mineral working
shall be subject to terms and conditions outlined in the Spaniard's Bay Development
Regulations.
Mineral working may include the extraction, exploration, processing or
storage of gravel, sand, rock or any other mined material, concrete and asphalt making,
rock crushing, quarrying, and sand and gravel pits and other types of mining in general.
Policies:
NRA-1:
It is Council's policy that no development shall be permitted in natural resource
areas except those associated with blueberry management, forest management and
mineral working.
NRA-2:
It is Council's policy that Blueberry management areas, lands with aggregate
potential and productive forest are identified on the Spaniard's Bay Generalized Future
Land Use Map
4.5.10
Rural
The remaining lands within the Spaniard's Bay Planning Area are designated Rural. No
development shall be permitted on land within this designation except those associated
with agriculture, forestry, mineral workings, and outdoor recreation.
Lands that are designated Rural on the Generalized Future Land Use Maps are also
categorized on the Land Use Zoning Maps as Rural.
Rural Policies:
RUR-1: It is the policy of Council that no development shall be permitted within Rural
areas except that associated with agriculture, forestry, mineral exploration, and
conservation.
RUR-2: It is the policy of Council to permit the following discretionary uses: single
dwelling, seasonal residential, mineral working, general industry, scrap yard,
solid waste, open space recreation, cemetery, and antenna subject to terms
and conditions outlined in Schedule C of the Development Regulations.
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RUR-3: Council shall require buffer distance separation between permitted or
discretionary uses and ponds, watercourses, and other types of development.
RUR-4: Council shall permit limited seasonal residential use on the north shore of
Swile Pond as a discretionary use with terms and conditions as outlined in
Schedule C of the Development Regulations.
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5.0
Implementation
The Municipal Plan will be implemented over the next ten years through decisions of Council and
consultation with government agencies such as the Departments Municipal and Provincial Affairs,
Environment and Climate Change, Transportation and Infrastructure, Digital Government and
Service NL, and Industry, Energy and Technology that have responsibility for various aspects of
development that affect the Town. Of particular importance to Council are the following:
a) Effective administration of the Plan;
b) The adoption of a five year capital works program, updated annually;
c) The adoption of Development Regulations;
d) The adoption of Development Schemes and plans of subdivision; and
e) The procedure for considering amendments to the Plan.
5.1
Administration of the Plan
For the purposes of administering the Plan, the Generalized Future Land Use map shall be read
only in conjunction with the Goals, Objectives and Policies outlined in this document. All
development applications shall be carefully evaluated as to their conformity to the Plan. Council
shall require the full conformity of all proposals to the Plan.
The boundaries of land use designations shown on the Generalized Future Land Use Map are
meant to be general, except where they coincide with roads or other prominent physical features,
where they are intended to define the exact limits. It is intended that no amendment of this Plan
shall be required to permit minor adjustments to these boundaries. Other than such minor
changes, no development shall be permitted that does not conform to this Plan.
Once conformity to the Plan has been established, Council will ensure that all development
proposals are given a comprehensive review that shall include circulation to all affected public
departments and agencies. Council's final decisions will be based on the desire to guide the
development of Spaniard's Bay in the best long-term interests of its citizens.
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All persons wishing to develop land for any purpose within the Spaniard's Bay Municipal Planning
Area shall apply to Council for permission through the established procedure. Council may refuse
or approve applications, with or without conditions. The appeal of all Council decisions to the
appropriate Appeal Board will be permitted in accordance with the Part VI of the Urban and Rural
Planning Act, 2000.
Prior to the major development of land within the Planning Area are approved, a development
agreement may be required and will be signed by both the developer and Council. This
agreement shall establish the conditions under which development may proceed and shall be
binding on both parties. Conditions governing development attached to the development permit
and shall be enforced. Nothing in this Plan shall affect the continuance of land uses that are
lawfully established on the date that the Plan comes into effect.
5.2
Financial Evaluation for Municipal Capital Works Projects
In order to suitably implement the goals and objectives of the Plan, an annual public works
program will be adopted and implemented by Council. This will include a financial overview and
preparation of a Financial Evaluation for Municipal Capital Works Projects which outlines
proposed capital works to be undertaken by Council subject to the availability of government
funding. The Evaluation will include a five-year program of works to be undertaken as required
under the Municipalities Act. The proposed capital works plan for 2020 is intended to maintain
existing municipal infrastructure in the community and provide the same level of services to
residents.
5-Year Capital Works Plan
The following list of capital works projects outlines Council's priorities for the town. Items
already approved and scheduled to be completed in 2020 include:
-
Paving and Road Reconstruction at Mint Cove Pond Road North;
-
Lift Station Upgrade at Northern Cove adjacent the gazebo area; and
-
To install a backup generator system at the Town's Chlorination Plant.
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