This is the exact embedded text of the captured official document.
Snapshot 7625161f15eb · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Town of St. Lewis
Municipal Plan 2015-2025
Prepared for
Prepared by
Town of St. Lewis
Baird Planning Associates 2015
Gazetted: August 14, 2015
TABLE OF CONTENTS
1.
INTRODUCTION............................................................................................................. 1
1.1
Purpose of the Municipal Plan ............................................................................................ 1
1.2
Plan Preparation .................................................................................................................. 1
1.3
Contents of the Municipal Plan ........................................................................................... 1
1.4
Municipal Plan Administration ........................................................................................... 1
1.5
Interpretation ....................................................................................................................... 2
2.
BACKGROUND REPORT .............................................................................................. 3
2.1
St. Lewis Planning Area and Municipal Area..................................................................... 3
2.2
Population ........................................................................................................................... 4
2.3
Housing ............................................................................................................................... 7
2.4
Land Use Issues .................................................................................................................. 8
2.4.1
Development Patterns and Municipal Services ..................................................... 8
2.4.2
Residential Uses ..................................................................................................... 8
2.4.3
Commercial and Industrial Uses ............................................................................ 9
2.4.4
Airport .................................................................................................................... 9
2.4.5
Tourism .................................................................................................................. 9
2.4.6
Water Supply Area ............................................................................................... 10
2.4.7
Other Environmentally Sensitive Areas ............................................................... 10
2.5
Public Participation ........................................................................................................... 10
2.5.1
First Community Session - May 15, 2013 ........................................................... 10
2.5.2
Second Community Session - June 26, 2014 ...................................................... 10
3.
GOALS AND OBJECTIVES ......................................................................................... 11
3.1
Community Structure and Character................................................................................. 11
3.2
Environment ...................................................................................................................... 11
3.3
Economic Growth and Development ................................................................................ 12
3.4
Housing ............................................................................................................................. 12
3.5
Transportation ................................................................................................................... 13
3.6
Recreation and Open Space .............................................................................................. 13
3.7
Governance ....................................................................................................................... 13
3.8
Municipal Finance ............................................................................................................ 13
4.
COMMUNITY WIDE POLICIES ................................................................................ 15
4.1
Policy Framework ............................................................................................................. 15
4.2
General Land Use Policies ................................................................................................ 16
4.2.1
Objectives ............................................................................................................ 16
4.2.2
Land Use Policies ................................................................................................ 16
1. General Layout of the Town ....................................................................................... 16
2. Compatibility of Uses ................................................................................................. 17
3. Non-Conforming Uses ................................................................................................ 17
4. Land Development and Subdivisions ......................................................................... 17
5. Consolidation and Infill in Areas of Existing Development ....................................... 19
6. Public Streets and Infrastructure ................................................................................. 20
7. Public Access to Watercourses and Coastal Shorelines .............................................. 20
8. Coastal Shoreline Protection ....................................................................................... 20
9. Comprehensive Development ..................................................................................... 20
10. Heritage and Archaeological Resources .................................................................... 21
11. Discretionary Uses ..................................................................................................... 21
12. Mineral Exploration ................................................................................................... 21
13. Mineral Working ........................................................................................................ 22
14. Utilities and Utility Easements .................................................................................. 22
15. Trails .......................................................................................................................... 22
4.3
General Environmental Policies ....................................................................................... 23
1. General Environment .................................................................................................. 23
2. Unstable Soils and Drainage ....................................................................................... 23
3. Watercourse and Wetland Protection .......................................................................... 23
4. Coastal Lands .............................................................................................................. 24
5. Flood Risk Areas......................................................................................................... 24
6. Steep Slopes ................................................................................................................ 25
7. Storm Drainage ........................................................................................................... 25
4.4
Infrastructure Policies ....................................................................................................... 26
1. Water Supply System .................................................................................................. 26
2. Sanitary Sewer System ............................................................................................... 26
5.
AREA SPECIFIC POLICIES ....................................................................................... 27
5.1
Protected Watershed ......................................................................................................... 27
1. General Intent.............................................................................................................. 27
2. Land Uses ................................................................................................................... 27
3. Department of Environment and Conservation .......................................................... 28
4. Watershed Monitoring and Enforcement .................................................................... 29
5.2
Environmental Protection ................................................................................................. 29
1. General Intent.............................................................................................................. 29
2. Land Uses ................................................................................................................... 29
5.3
Coastal.......................................................................................................................... 30
1. General Intent.............................................................................................................. 30
2. Land Uses ................................................................................................................... 30
3. Filling-In of Land and Water ...................................................................................... 31
5.4
Residential ........................................................................................................................ 31
1. General Intent.............................................................................................................. 31
2. Land Uses ................................................................................................................... 31
3. Council Control of Land Development ....................................................................... 32
4. Home Occupations ...................................................................................................... 32
5. Agricultural Uses ........................................................................................................ 32
6. Use of Discretionary Authority ................................................................................... 33
7. Design and Appearance of Non-Residential Properties .............................................. 33
5.5
Mixed Development.......................................................................................................... 33
1. General Intent.............................................................................................................. 33
2. Land Uses ................................................................................................................... 34
3. Compatibility of Development ................................................................................... 34
4. Use of Discretionary Authority ................................................................................... 35
5.6
Commercial Industrial ...................................................................................................... 35
1. General Intent.............................................................................................................. 35
2. Land Uses ................................................................................................................... 35
5.7
Open Space ....................................................................................................................... 36
1. General Intent.............................................................................................................. 36
2. Land Use ..................................................................................................................... 36
3. Trail System ................................................................................................................ 36
5.8
Airport............... ........................................................................................................... 36
1. General Intent.............................................................................................................. 36
2. Land Uses ................................................................................................................... 36
5.9
Rural............... .............................................................................................................. 37
1. General Intent.............................................................................................................. 37
2. Land Uses ................................................................................................................... 37
3. Environmentally Sensitive and Scenic Areas ............................................................. 37
4. Mineral Working ......................................................................................................... 38
5. Mineral Exploration .................................................................................................... 38
6.
Forest Management ................................................................................................... 38
6.
IMPLEMENTATION .................................................................................................... 39
6.1
Administration of the Plan ................................................................................................ 39
1. Map Interpretation ...................................................................................................... 39
2. Development Applications .......................................................................................... 39
3. Subdivision Proposals and Agreements ...................................................................... 40
4. Non-Conforming Uses ................................................................................................ 41
6.2
Public Participation ........................................................................................................... 42
6.3
Development Regulations ................................................................................................. 42
1. Council Responsibility ................................................................................................ 43
2. Content ........................................................................................................................ 43
6.4
Development Control ........................................................................................................ 43
1. Municipal Plan is Binding .......................................................................................... 43
2. Council Responsibility ................................................................................................ 43
3. Subdivision and Development Applications ............................................................... 44
4. Right to Appeal ........................................................................................................... 44
5. Provincial and Federal Referrals ................................................................................. 44
6.5
Amending the Municipal Plan and Development Regulations ......................................... 44
1. Municipal Plan Amendment ....................................................................................... 44
2. Stand-Alone Amendment to the Development Regulations ....................................... 45
6.6
Five-Year Plan Review ..................................................................................................... 45
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 1
1.0
INTRODUCTION
1.1
Purpose of the Municipal Plan
The St. Lewis Municipal Plan was prepared to provide the Town Council with a comprehensive
policy document to manage development within the municipal planning area over the ten-year
planning period 2015-2025. This document has been prepared in compliance with the Urban and
Rural Planning Act, 2000 (hereafter referred to as the Act).
1.2
Plan Preparation
Relevant planning issues were identified through a background review of land use,
environmental, demographic, social, and economic issues, consultations with Town Councillors,
and public comments received through the community participation process.
The Plan guides growth and physical improvement of the Planning Area by identifying locations
and guidelines for various types of land use development. The Plan provides the basis for the
Land Use Zoning and Subdivision Regulations (aka Development Regulations), which Council
administers through development and subdivision permits and approvals. The Plan authorizes
Council to prevent any development that contravenes a policy stated in the Municipal Plan.
1.3
Contents of the Municipal Plan
The Municipal Plan, comprising this document and the accompanying Future Land Use Maps,
constitutes a legal document pursuant to the Urban and Rural Planning Act, 2000. It contains:
The aims of Council (goals and objectives).
Land use policies for future development.
Future Land Use maps, which allocate land for future development, environmental
protection, and natural resource uses.
1.4
Municipal Plan Administration
After Council approval, the St. Lewis Municipal Plan was registered with the Department of
Municipal Affairs and came into effect on the day that notice of approval was published in the
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 2
Newfoundland and Labrador Gazette. The Plan is binding upon Council and all other persons,
corporations and organizations. Council administers the Municipal Plan by carrying out the
Plan's policies. This is done in several ways:
By preparing and implementing the Development Regulations,
By issuing development permits to applicants wishing to subdivide land, erect a building
or structure, or change the use of a building or land, or conversely by refusing to issue
permits for developments that are not in accordance with the Plan,
By adopting or approving development schemes, comprehensive plans, and so forth.
In accordance with Section 25 of the Act, Council may make amendments to the Municipal Plan
and Development Regulations at any time. Amendments will be brought into effect through the
same process as described above for bringing the Municipal Plan into effect. Sections 14 to 25
of the Act apply to an amendment to the Plan and Development Regulations.
1.5
Interpretation
In this Municipal Plan:
"Council" means the Council of the Town of St. Lewis.
"Development Regulations" mean the St. Lewis Land Use Zoning and Subdivision
Regulations.
"Municipal Planning Area" means the St. Lewis Municipal Planning Area.
"Town" means the Town of St. Lewis.
The boundaries between the different land use designations in the Municipal Plan are meant to
be general, except where the boundary is delineated by a road or other prominent feature in
which case it defines the exact limits between each designation.
Nothing in the Plan will affect the continuance of any land use that was lawfully established on
the date that this Plan came into effect.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 3
2.0
BACKGROUND REPORT
This section sets the context for the St. Lewis Municipal Plan. It includes an analysis of key
economic and social indicators, a demographic profile, and a forecast of future housing needs.
For the purpose of this profile, we have established comparative data for the following
benchmark areas - Southeast Aurora Economic Zone, Labrador as a whole, and the province as a
whole. For some indicators the communities of Mary's Harbour and Port Hope Simpson are used
as benchmarks as well.
2.1
St. Lewis Municipal Area and Planning Area
The St. Lewis Municipal Area and Planning Area boundaries are shown in Exhibit 1.1. The
Town is the most easterly populated community in Labrador and the on the mainland of North
America. The nearest other community is Mary's Harbour, located approximately 12 kilometres
to the southwest across St. Lewis Sound but 62 kilometres by road. The historic fishing centre of
Battle Harbour is located approximately 11 kilometres to the southeast. As the crow flies, Port
Hope Simpson is a farther distance away, but closer than Mary's Harbour by road. St. Lewis has
a Municipal Area of 9.3 square kilometres and a total Planning Area more than double that.
Exhibit 2.1 - St. Lewis Municipal Area and Municipal Planning Area
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 4
Exhibit 2.2 - St. Lewis Regional Setting
2.2
Population
Exhibit 2.3 presents key demographic indicators for St. Lewis compared to the selected
benchmarks of Southeast Aurora Economic Zone, Labrador as a whole, and the province as a
whole. It shows that St. Lewis lost a significant proportion of its population from 2001 to 2011,
dropping by 83 residents or -28.6 percent. This compares to a drop over the same period of -18.9
percent in the Southeast Aurora Economic Zone, -4.4 percent in Labrador as a whole, and +0.3
percent in the province as a whole.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 5
Exhibit 2.3 - Population Characteristics
St. Lewis
Southeast
Aurora Zone
Labrador
NL
Pop'n - 2011
207
2,204
24,111
514,536
Median age
42.9
42.5
36.9
44.0
Pop'n < 15
16.2%
15.4%
19.5%
15.5%
Pop'n > 65
11.6%
12.3%
8.1%
13.9%
Pop'n - 2006
252
2,615
23,950
505,470
Median age
37.6
36.7
35.0
42.0
Pop'n - 2001
290
2,720
25,230
512,980
Median age
30.7
31.8
32.0
38.4
Pop'n change
2006-11
-17.9%
-15.7%
+0.6%
+1.8%
2001-06
-13.1%
-3.9%
-5.1%
-1.5%
2001-11
-28.6%
-18.9%
-4.4%
+0.3%
Exhibit 2.3 shows that St. Lewis's population aged rapidly over the 2001-11 period. With a
median age of 30.7 years in 2001, this increased to 42.9 years by 2011. This increase of 12.2
years compares to an increase of 10.7 years in the Southeast Aurora zone, 4.9 years in Labrador
as whole, and 5.6 years in the province. Despite its rapid increase, St. Lewis's median age
remains on par with the Southeast Aurora zone (42.5 years) and slightly younger than the
province as a whole (44.0 years). However its population is six years older than Labrador as a
whole (36.9 years).
In 2011 the Town's under-15 age group comprised 16.2 percent of its population, compared to
15.4 percent in the Southeast Aurora zone, 19.5 percent in Labrador, and 15.5 percent in the
province. The Town's over-65 age group made up 11.6 percent, compared to 12.3 percent in the
Southeast Aurora zone, 8.1 percent in Labrador, and 13.9 percent in the province.
Exhibit 2.4 provides a breakdown of St. Lewis's population by 5-year intervals. It shows that
60.1 percent of the town's residents are in the main working-age group of 20-64, only slightly
lower than the province as a whole. The town's under-20 population comprised 17.7 percent,
compared to 22.1 percent of the provincial population.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 6
Exhibit 2.4 Population by 5-Year Age Groups - 2011
Age
Group
St. Lewis
Southeast
Aurora Zone
Labrador
Province
No.
Percent
No.
Percent
No.
Percent
No.
Percent
0-4
10
4.7%
16.3%
105
4.7%
15.4%
1,595
6.6%
19.5%
24,495
4.8%
15.0%
5-9
10
4.7%
110
5.0%
1,465
6.1%
25,100
4.9%
10-14
15
7.0%
125
5.7%
1,645
6.8%
27,030
5.3%
15-19
20
9.3%
14.0%
175
7.9%
12.0%
1,705
7.1%
13.7%
29,585
5.7%
11.5%
20-24
10
4.7%
90
4.1%
1,600
6.6%
30,050
5.8%
25-29
5
2.3%
23.3%
95
4.3%
27.2%
1,705
7.1%
30.3%
28,310
5.5%
25.1%
30-34
15
7.0%
110
5.0%
1,635
6.8%
29,280
5.7%
35-39
15
7.0%
165
7.5%
1,885
7.8%
33,375
6.5%
40-44
15
7.0%
230
10.4%
2,065
8.6%
38,020
7.4%
45-49
15
7.0%
34.9%
210
9.5%
32.7%
2,005
8.3%
28.4%
42,225
8.2%
32.5%
50-54
20
9.3%
195
8.9%
1,850
7.7%
43,185
8.4%
55-59
20
9.3%
165
7.5%
1,685
7.0%
42,645
8.3%
60-64
20
9.3%
150
6.8%
1,310
5.4%
39,135
7.6%
65-69
10
4.7%
11.6%
110
5.0%
12.7%
825
3.4%
8.1%
28,740
5.6%
16.0%
70-74
10
4.7%
65
3.0%
505
2.1%
20,115
3.9%
75-79
0
0.0%
50
2.3%
320
1.3%
14,620
2.8%
80-84
5
2.3%
35
1.6%
180
0.7%
10,075
2.0%
85-90
0
0.0%
20
0.9%
115
0.5%
8,550
1.7%
Total
215
100%
100%
2,205
100%
100%
24,095
100%
100%
514,535
100%
100%
Exhibit 2.5 provides a population forecast for St. Lewis derived from projections by government
for the Southeast Aurora zone. It assumes that the rate of change in St. Lewis's population in the
coming years will parallel that projected for the Southeast Aurora zone. If this holds true, the
population will decline from 207 in 2011 to 194 by 2026, a drop of 6.2 percent over 15 years.
Exhibit 2.5 - Population Forecast
St. Lewis
Southeast Aurora Zone
Province
5-Year
Change
Population
5-Year Change
Population
5-Year Change
Year
Population
No.
Percent
Pop'n
No.
Percent
No.
Percent
Actual
Actual
Actual
2001
245
2,751
521,986
2006
227
-18
-7.3%
2,655
-96
-3.5%
509,940
-12,046
-2.3%
2011
207
-20
-8.8%
2,282
-373
-14.1%
519,513
+9,573
+1.8%
Projected**
Projected*
Projected*
2016
197
-12
-5.7%
2,153
-129
-5.7%
525,727
+6,214
-2.0%
2021
191
-6
-2.9%
2,090
-63
-2.9%
521,514
-4,213
-0.8%
2026
194
+3
+1.6%
2,124
+34
+1.6%
521,807
+293
0.0%
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 7
2.3
Housing
Exhibit 2.9 compares housing and household characteristics in St. Lewis and the benchmark
areas. Between 2001 and 2006, the number of households in St. Lewis declined by five
dwellings, or -6.3 percent, while the average number of persons per dwelling dropped from 3.6
to 3.0 persons.
Exhibit 2.9 - Housing Characteristics
St. Lewis
Mary's
Harbour
Port
Hope
Simpson
Southeast
Aurora
Labrador
NL
Occupied Dwellings 2011
75
134
149
819
8,877
208,840
Avg. Persons/Dwelling
3.0
2.8
2.9
2.7
2.7
2.5
Occupied Dwellings 2006
84
133
168
866
9,255
197,185
Avg. Persons/Dwelling
3.0
3.1
3.2
3.0
2.6
2.6
Occupied Dwellings 2001
80
145
155
865
9,265
188,520
Avg. Persons/Dwelling
3.6
3.1
3.3
3.1
2.7
2.7
Change in Dwellings 2001-11
-6.5%
-7.6%
-3.9%
-5.3%
-4.2%
+10.8%
Exhibit 2.10 compares St. Lewis's housing characteristics with the benchmark communities and
the Southeast Aurora zone, as well as Labrador and the province as a whole. Occupied dwellings
include all dwellings that are permanently occupied. The remaining dwellings are either
unoccupied or are occupied seasonally by non-permanent residents. The table shows that
occupied dwellings in St. Lewis comprise 79.6 percent of the total, similar to the surrounding
region, but slightly lower than the proportion for the other benchmarks.
Exhibit 2.10 - Housing Characteristics
St.
Lewis
Mary's
Harbour
Port
Hope
Simpson
Southeast
Aurora Zone
Labrador
NL
Total dwellings (2011)
93
155
182
1,029
10,128
250,275
Occupied dwellings
74
(79.6%)
134
(86.5%)
149
(81.9%)
819
(79.6%)
8.877
(87.7%)
208,842
(83.4%)
Type of dwelling (2011)
Single detached dwellings
93.3%
96.3%
93.3%
92.7%
66.9%
74.4%
Mobile/mini homes
0.0%
0.0%
3.3%
1.2%
4.2%
0.9%
Apartments
6.7%
3.7%
3.3%
1.8%
6.4%
5.8%
Double & row dwellings
0.0%
0.0%
0.0%
4.3%
22.5%
19.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
Dwellings constructed before
1986 (2006)
55.5%
44.4%
45.5%
n/a
73.7%
70.8%
Avg. Dwelling Value (2006)
$56,244
$54,121
$51,607
$54,123
$100,941
$111,711
Avg. Dwelling Value (2001)
$47,209
$44,817
$47,918
$44,056
$73,361
$76,283
Percent Change (2001-06)
19.1%
20.8%
7.7%
22.9%
37.6%
46.4%
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 8
Single dwellings comprise the overwhelming majority (93.3%) of homes in St. Lewis, a similar
proportion to other communities in the region and the region as a whole, but significantly more
than in Labrador (66.9%) and the province (74.4%). Apartments comprise the remaining
dwellings in St. Lewis.
The average 2006 value of dwellings in St. Lewis was $56,244, slightly higher than the similar
value in the nearby benchmark communities and the region as a whole. The 19.1 percent increase
in average dwelling value from 2001 to 2006 was on par with the increase of 22.9 percent in the
region as a whole. Census data is not available to draw a comparison for 2011.
2.4
Land Use Issues
2.4.1 Development Pattern and Municipal Services
St. Lewis's land use pattern is dominated by residential housing with a number of significant
commercial and institutional uses, as well as the airport.
The main land use concentration is located on the north side of the harbour in the area known as
The Bottom, which is serviced with both municipal water and sewer. Outside this core area,
development is spread out around the harbour shoreline. The most distant points of development
in the community, at the extremities of Fishermen's Point Road and Frankie's Cove Road, are
approximately 4.2 kilometres apart by road.
The Town has three larger unserviced areas, including Fishermen's Point Road and Airport Hill
Road on the east side of the harbour, Loder's Point Road and Shoal Point Road in the centre, and
Frankie's Cove Road on the west side. These areas are characterized by dispersed development
spread out along these roads.
The Town's water distribution system extends for approximately 1.5 kilometres along Main
Road from the pump house on south of Tub Harbour Pond to the fishplant. It also supplies water
to Harbour View Road and Hillview Road, St. Lewis Academy, and the now closed fishplant.
The Town's sewer system serves a more limited area than the water system, covering Harbour
View Road, Hillview Road, and approximately 650 metres along Main Street.
2.4.2 Residential Uses
As shown in Table 2.5, St. Lewis's population is projected to remain stable for the foreseeable
future, assuming no major changes in the local economy. Even with a marginal decline in its
number of residents, the Town's housing stock can be expected to remain stable or increase
slightly.
Ideally, new residential development should be concentrated in areas that already have, or are
relatively close to, piped municipal services. However, such opportunities are limited due to the
lack of available land in the existing serviced core. There is some vacant land in the vicinity of
the old school (between the east end of Harbour View Road and Airport Hill Road), which is
serviced by water but not sewer. This land is privately owned, therefore its development would
require the owner(s) to be willing to sell some lots. Vacant land near the corner of Main Road
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 9
and Loder's Point Road is also relatively close to municipal water and sewer.
Outside the serviced core, residential development would require private wells and sewage septic
systems. However, opportunities may be limited due to natural constraints including steep
contours, bedrock, wetland, and availability of potable groundwater. Nevertheless, there may be
pockets of land along Fishermen's Point Road, Frankie's Cove Road, and Loder's Road that
would be suitable for on-site services.
The Town has had a Limit of Servicing Agreement with the Department of Municipal Affairs
since 1997, which defines the areas that are eligible for cost-shared funding under the Municipal
Capital Works Program. These areas include all of Fishermen's Point Road, Airport Hill Road,
Hill Road, Frankie's Cove Road, and Main Road, but exclude Loder's Point Road and Shoal
Point Road.
2.4.3 Commercial and Industrial Uses
Historically the fishery has been the mainstay of St. Lewis's economy. This took an unfortunate
turn in 2012 when the Town's main employer, P. Janes and Sons, closed the local fishplant.
Located on the east side of Fox Harbour, the premises are now used as a base for a number of
fishing boats and for the unloading of crab and other species destined for fishplants in other parts
of the region.
Other businesses in the Town include three retail stores, a gas station, and a bed and breakfast
operation. Two of the stores, the gas station, and the bed and breakfast are located in The
Bottom, while the third store is located on Fishermen's Point Road.
Fisheries and Oceans Canada operates a management office in St. Lewis. The Town's electricity
is produced at the Newfoundland and Labrador Hydro generating plant located at Loder's Point.
2.4.4 Airport
St. Lewis Airport is located on the northeast side of the harbour. Air services offered by Air
Labrador include three flights weekly from November to April and two flights weekly for the
remainder of the year.
2.4.5 Tourism
The Town's primary tourist attraction is the Loder's Point Premises, a former fishing premises
and mercantile store now operated as a museum by the St. Lewis Heritage Society. Originally
built in the 1930's, the museum interprets St. Lewis's fishing history as well as other historical
aspects of the town and region. It includes several buildings, an original root cellar, and a gazebo
offering a scenic view of the surrounding harbour and hillsides.
On the hillside east of the harbour, the old USAF antenna site offers a spectacular 360-degree
panorama of St. Lewis Inlet and the Atlantic Ocean. This is the starting point of a breathtaking
trail to Deepwater Creek, a community that was abandoned when its residents moved to St.
Lewis.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 10
2.4.6 Water Supply Area
The St. Lewis water supply area includes a network of ponds and streams north of the town. The
major water bodies include Tub Harbour Pond, Fox Harbour Pond, and Hawk Nest Pond. The
majority of residents attending the public forum for the plan review emphasized the importance
of protecting this water supply. Particular concerns were expressed about potential impacts
associated with mineral exploration that is taking place in the watershed. While acknowledging
the Town would benefit from mineral development, most participants agreed that exploration
activity should be stringently controlled to ensure the water supply would not become
contaminated. Because no alternative supply sources are available, the water supply area is vital
to the environmental health and long-term social and economic sustainability of the community.
2.4.7 Other Environmentally Important Areas
Other environmentally important areas in St. Lewis include watercourses, wetlands, steep slopes,
and coastal shorelines. Policies and zoning measures are included in the Plan and Development
Regulations to help protect these vulnerable areas from harmful land use activities.
2.5
Public Participation
2.5.1 First Community Session - May 15, 2013
The initial public consultation for the Plan Review took place at St. Lewis Academy on May 15,
2013. It was attended by sixteen residents, including three Councillors and the Town
Clerk/Manager.
The main issue of discussion was the mineral exploration activity within the Town's water
supply watershed. The primary message from those in attendance was that provisions in the
Municipal Plan to prevent potential water contamination from exploration work should have real
teeth.
An opinion was also expressed that the water intake should have been located in Fox Harbour
Pond instead of where it is in Tub Harbour Pond. That would have reduced the area of watershed
that needs to be protected.
2.5.2 Second Community Session - June 26, 2014
The second public consultation session took place on June 26, 2014 at St. Lewis Academy. It
was attended by nine residents, including three Councillors and the Town Clerk/Manager. The
purpose of this session was to present the draft Municipal Plan and Development Regulations,
answer questions, and receive input from those in attendance.
No major concerns were expressed about the draft documents and maps. As in the original public
session, the main issue discussed was the need to protect the municipal water supply area when
mineral exploration takes place. One person suggested a minor change to the development
regulations to strengthen the provisions developed to protect the water supply.
It was also suggested that two areas proposed to be designated Residential on the draft Future
Land Use Map be changed to Mixed Development to allow certain types of commercial
development.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 11
3.0
GOALS AND OBJECTIVES
This section outlines the Town's planning goals and objectives for the 2015-2025 period. A goal
is a desired state that reflects the long-term intent of Council and relates to a major area of
interest or concern. An objective is a short-range step towards achieving the goal. In this
context, an objective is a desired outcome within the 10-year timeframe of this Municipal Plan.
3.1
Community Structure and Character
Goals:
Ensure that St. Lewis's built-up and natural environment is sustained through good
quality, properly located, and compatible development.
Encourage a growth structure for St. Lewis that will ensure orderly development,
economic use of municipal services, compatibility between land uses, and retention
of the attractive features of the Town's setting.
Objectives: Maintain a reasonably compact community layout to facilitate economically
efficient use of infrastructure and services, while recognizing the potential to
accommodate residential demand in attractive natural locations where municipal
services are not available.
Maintain the physical and aesthetic character of St. Lewis while accommodating
the changing needs of the population and the need to protect environmentally
sensitive and important areas.
Preserve and protect environmentally important and sensitive areas including lakes,
ponds, streams, wetlands, coastal shorelines, steep slopes, and visually attractive
features.
Facilitate the development of appropriately located and scaled commercial uses.
Encourage lot layouts and building densities that are sensitive to the physical form
and character of the community and the natural carrying capacity of soils,
groundwater, and other resources.
3.2
Environment
Goal:
Conserve, protect, and enhance important and sensitive environmental resources.
Objectives: Conserve, protect, and enhance important and sensitive environmental areas and
resources, including lakes, streams, wetlands, riparian areas, coastal shorelines,
steep slopes, marine resources, wildlife habitat, and scenic resources.
Protect the St. Lewis municipal drinking water supply from development that might
reduce the quality and/or quantity of water available for municipal use.
Prevent development that would unduly affect water bodies, shorelines, and
wetlands.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 12
3.3
Economic Growth and Development
Goal:
Encourage economic development that will foster local employment opportunities,
support a high quality of life, provide services to residents and visitors, contribute
financially to the municipality, and protect the environment.
Objectives: Encourage and accommodate compatible commercial, fisheries, and tourism
opportunities in suitable locations.
Support opportunities to revitalize and expand the fish harvesting and fish
processing industries.
Ensure that economic development is compatible with neighbouring land uses.
Support activities to enhance tourism such as the preservation and development of
trails, fishing heritage, waterfront areas, and outdoor recreation sites.
Promote the attractiveness of the town as a place to live, drawing upon its scenic
character, coastal shoreline, forested hillsides, water access, and recreational
amenities.
Permit appropriate home occupations that fit with the town's character and do not
impinge on the reasonable enjoyment of neighbouring residential properties.
Support industry initiatives to identify and develop mineral resources in way that
preserves and protects the municipal water supply and other sensitive aspects of the
Town's natural environment.
3.4
Housing
Goal:
Provide for an adequate quality and quantity of housing with the amenities
necessary for a pleasant residential environment.
Objectives: Allocate sufficient land for residential development to meet requirements of
anticipated growth during the planning period.
Protect residential quality of life and property values.
Manage residential development in a manner that preserves and protects sensitive
environments and shared open space.
Encourage housing development in appropriate locations through infilling along
existing roads and, if demand warrants, development of new streets and street
extensions.
Promote a pattern of development that reduces land use conflict between residential
development and other land uses.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 13
Prohibit residential development in locations that cannot be directly accessed to a
publicly maintained street.
3.5
Transportation
Goal:
Provide an efficient transportation network to serve the motorized and non-
motorized needs of St. Lewis.
Objectives: Provide safe and efficient access to all residential, commercial, public, and
recreational areas.
Require development plans for street extensions that demonstrate to Council's
satisfaction that the development will be linked appropriately with the surrounding
area.
Encourage and facilitate the development of trails for recreational purposes.
3.6
Recreation and Open Space
Goals:
Develop and maintain natural areas to accommodate a range of active and passive
recreational needs of St. Lewis residents.
Objectives: Protect important outdoor recreational resources from encroaching development,
particularly St. Lewis's shorelines and trail network.
Encourage and facilitate the development and maintenance of hiking, ATV, and
snowmobile trails.
3.7
Governance
Goal:
Provide municipal administration and services effectively, efficiently, equitably,
and within the fiscal capacity of the Town.
Objectives:
Encourage public interest and participation in municipal governing processes,
including Council elections, committee activities, and participation in decision-
making.
Deliver municipal administration and services effectively, efficiently, openly, and
within the Towns fiscal capacity.
Ensure the Town is governed in compliance with relevant legislation such as the
Municipalities Act and the Urban and Rural Planning Act, 2000.
3.8
Municipal Finance
Goal:
Manage municipal expenditures and revenues so as to provide municipal services
within a framework of long-term financial stability.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 14
Objectives:
Manage municipal expenditures and debt burden in a prudent manner according
to the Town's ability to pay.
Encourage economic development in order to generate more commercial tax
revenues.
Ensure that capital costs related to growth and development do not unduly burden
the Town's ability to pay.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 15
4.0 COMMUNITY WIDE POLICIES
4.1
Policy Framework
The overriding thrust of the Municipal Plan is to ensure St. Lewis remains a sustainable
community economically, socially, and environmentally, as well as to maintain the town's
attractive built environment, beautiful natural environment, and supply of clean drinking water.
To accomplish the overall intent of the Plan, the following policy initiatives are put forward:
i)
St. Lewis is recognized as having a traditional character that should be preserved and
enhanced.
ii)
Areas that can be developed and serviced at the most reasonable long-term costs to the
Town, and are relatively close to existing development, will be given priority for
municipal growth and expansion. In areas that would involve above-normal costs for
municipal services and infrastructure, high standards will be maintained for on-site wells
and sewage disposal.
iii)
Prominent features that help to preserve community character, such as heights of land,
viewpoints, and waterfront open space, and fishing and marine facilities shall be
preserved.
iv)
A high standard will be maintained for both the natural and built environments,
particularly the protection of sensitive resources and features such as the municipal water
supply area, coastal features, watercourses, wetlands, steep slopes, and scenery.
v)
Streets and infrastructure will be designed to high standards with respect to street
construction, water and sewer distribution, and ease of maintenance.
vi)
Capital works will be undertaken in an efficient, financially prudent, and environmentally
responsible manner.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 16
This section, along with the accompanying Future Land Use Maps 1 and 2, includes all policies
that Council regards as necessary to ensure that the physical development of the town is
undertaken in an efficient, compatible, and environmentally sustainable manner.
4.2
General Land Use Policies
The policies outlined in this section apply generally to all areas of the Town.
4.2.1 Objectives
In order to achieve its community-wide goals, the Town will:
Provide opportunities for development that can be economically and safely serviced.
Ensure that development occurs in an efficient, environmentally safe, and responsible
manner.
Ensure economic infrastructure, particularly the fish plant, marine facilities, airport, and
tourism attractions, is protected from conflicting development;
Provide additional opportunities for community economic development;
Protect the natural and cultural resource assets of the community.
4.2.2 Land Use Policies
1.
General Layout of the Town
(1)
Council will encourage new development to concentrate in areas that are
economical to connect to existing roads and water and sewer mains.
(2)
Council may limit development in areas where it would be less economical to
maintain municipal streets and infrastructure and provide services such as lighting
and garbage collection.
(3)
Council may refuse to approve development in locations where municipal services
are inadequate or where physical capacity on-site water and septic services is
limited.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 17
(4)
Council may approve new residences in unserviced areas subject to a positive
evaluation of the area's capability for on-site wells and septic systems.
(5)
Future development will be restricted close to saltwater shorelines and in areas
that are not accessible to a publicly maintained street.
2.
Compatibility of Uses
Council will ensure that new developments will not negatively affect existing land uses
through hazards or nuisances such as noise, dust, odour, congestion, or unsightly
appearance.
3.
Non-Conforming Uses
In accordance with the Urban and Rural Planning Act 2000, a use of land that legally
existed at the time of the registration of this Municipal Plan will be allowed to continue
irrespective of it's conformity to the Plan or Development Regulations. Specific
provisions concerning legal non-conforming uses shall be set out in the Development
Regulations.
4.
Land Development and Subdivisions
(1)
Site Suitability
When reviewing a proposed land development, Council will consider the site's
suitability in terms of steepness of grade, soils, geology, proximity to
watercourses and wetlands, proximity to tidal water, street access, and
environmental sensitivity. When considering approval Council may set conditions
to ensure that the development will have minimal negative effects on water
resources, saltwater shorelines, and surrounding properties.
(2)
Professional Review
If, in Council's opinion, a proposed development could result in contamination of
drinking water or other undesirable environmental effects, reduce public
enjoyment of shorelines and open space, or create problems for nearby properties,
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 18
Council may require, at the proponent's expense, an assessment of the proposed
development by a certified planner, engineer, hydrologist, or other appropriate
professional.
(3)
Land Needed for Environmental Protection
When approving a subdivision or other development, Council may require
portions of the site to be set aside from development or the clearing of vegetation
in order to reduce and control drainage, erosion, sedimentation of watercourses,
drinking water contamination, and other environmental impacts. Council's
authority to require land to be set aside for environmental purposes derives from
Section 13(3) of the Urban and Rural Planning Act 2000. Land needed for such
purposes will not be included in the calculation of land for public use as set out in
Section 37(1) of the Act.
(4)
Land for Public Use
In accordance with Section 37 of the Act, Council may require developers of land
to provide land to the Town for open space or other public use up to ten per cent
of the gross area of the land to be developed. Alternatively, in lieu of land
dedication, Council may decide to accept a sum of money that is equivalent to the
value of the land in that subdivision that would have been conveyed.
(5)
Municipal Services
Council will ensure that a new development will make efficient use of existing
streets and infrastructure, and will not create unreasonable infrastructure
maintenance and servicing costs for the Town.
(6)
Street Access
Council will not permit any new dwelling or other main building to locate
anywhere in its built-up area unless the property in question has direct access to a
publicly maintained street.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 19
(7)
Public Input
Council may seek input from nearby residents and landowners when reviewing
development proposals.
(8)
Council Decision
Council will review each development application on a case by case basis and
may:
(a)
Approve the development as proposed,
(b)
Approve the development subject to certain terms or conditions,
(c)
Defer a decision subject to more detailed information or requested
modifications to the proposal, or
(d)
Not approve the development if it concludes that the development is
unsuitable for the location, will be prohibitively expensive for the Town to
service or maintain, will obstruct public access along shorelines, or will
create environmental or other problems that cannot be sufficiently
corrected or mitigated.
5.
Consolidation and Infill in Areas of Existing Development
(1)
Council will encourage intensification of development in areas that are on or close
to existing streets. This can occur through infilling along existing streets,
development of backland lots, and development of adjoining new streets and
street extensions.
(2)
Site plans for infill development and other land use intensification must meet the
approval of Council. Developments must be compatible with the existing
character of the area and in accordance with Council's objectives and
development standards with respect to lot size, frontages, road widening,
installation of municipal services, environmental protection, retention of open
space, and matters concerning current or future public works.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 20
6.
Public Streets and Infrastructure
(1)
Public roads and municipal infrastructure are generally permitted in all areas
except the Protected Watershed and Environmental Protection designations, but
may be subject to conditions to mitigate environmental impacts.
(2)
Within the Environmental Protection designation, public streets and municipal
infrastructure may be permitted if no alternative route is feasible, but will be
subject to stringent conditions to mitigate environmental impacts.
7.
Public Access to Watercourses and Coastal Shorelines
Council will ensure that sufficient and appropriate public access is maintained to coastal
shorelines, lakes, ponds, rivers, and streams, provided that such access does not
unreasonably impinge on the reasonable use and enjoyment of private land.
8.
Coastal Shoreline Protection
Council will ensure that coastal shorelines are not significantly altered, or obstructed
from public access, by development other than necessary fisheries, marine, and municipal
facilities or infrastructure.
9.
Comprehensive Development
(1)
In order to accommodate a desirable type of unconventional development, or to
allow for acceptable development of a site that could not otherwise be developed
due to spatial or physical constraints, Council may permit a comprehensive
development that does not comply with the lot size, frontage, and minimum yard
standards of the zone in which it is located.
(2)
A comprehensive development will not be permitted on a site that Council
considers to be unsuitable for development due to insufficient area or other
physical, locational, environmental, or accessibility constraints.
(3)
A comprehensive development must be compatible with adjacent land uses.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 21
10.
Heritage and Archaeological Resources
(1)
Council will encourage the preservation of sites and buildings that have heritage
significance.
(2)
Council will cooperate with landowners to identify new or enhanced uses for
older buildings and pursue public programs aimed at preserving built-heritage.
(3)
Archaeological sites are protected under the Historic Resources Act, 1985. If
such a site is discovered, development will stop and the Provincial Archaeology
Office of the Department of Tourism, Culture and Recreation will be notified and
consulted on how the development should best proceed.
11.
Discretionary Uses
Council may decide that a land use should be set out as a discretionary use in the
Development Regulations, where:
(a)
the suitability of the use within a zone is not clear and may depend on the
land use characteristics and circumstances of individual locations,
(b)
Council determines that the use could negatively affect the predominant
uses of the zone and, in order to mitigate this impact, decides to consult
with the public prior to issuing or refusing a permit, or
(c)
it is necessary to attach special conditions to an approval to ensure that the
use is developed in a way that is compatible with nearby and prevailing
uses in the zone.
12.
Mineral Exploration
(1)
Proposed mineral exploration that will involve drilling, appreciable ground
disturbance, construction of access roads, clearing of vegetation, or use of
equipment other than hand tools, may be permitted at Council's discretion subject
to terms and conditions to protect drinking water sources, remediate disturbed
sites to Council's satisfaction, and prevent adverse impacts on residential areas.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 22
(2)
Subject to other provisions of this Municipal Plan, proposed mineral exploration
that will not involve drilling, appreciable ground disturbance, construction of
access roads, or clearing of vegetation, will be permitted anywhere in the
Planning Area, provided that Council is adequately notified.
(3)
Mineral exploration will not be permitted unless all necessary Provincial
approvals have been obtained.
13.
Mineral Working
(1)
Mineral working operations may be permitted in appropriate areas subject to
terms and conditions aimed at minimizing impacts on surrounding land uses.
(2)
Mineral working operations will take measures to ensure water resources and
other sensitive resources will not be negatively affected.
14.
Utilities and Utility Easements
Municipal and public utility works such as water and sewer mains, telephone and power
transmission lines, communication towers, stormwater drains, and pollution control
infrastructure may be permitted in all land use designations subject to conditions set by
Council.
15.
Trails
Council will preserve and protect important trails and walkways to ensure they continue
to play an important role in meeting the transportation, recreation, public health, tourism,
and sustainability needs of the town.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 23
4.3
General Environmental Policies
Conservation values are intrinsic to this Municipal Plan. High priority is given to protecting
sensitive areas and preventing water contamination, stormwater impacts, soil erosion, stream
sedimentation, and loss and fragmentation of habitat. All land use decisions will duly consider
environmental objectives.
1.
General Environment
(1)
Protection of Sensitive Areas
Land and natural resources that are environmentally sensitive, including the
municipal water supply, other watercourses, wetlands, steep slopes, unstable soils,
coastal shorelines, and important habitat will be protected from potentially
damaging effects of development.
(2)
Consideration of Environmental Impacts
Potential environmental effects will be considered when reviewing development
applications. At its discretion, or in accordance with other statutory requirements,
Council may refer development applications to Provincial or Federal departments
such as Environment and Conservation, Government Services, Health, and
Fisheries and Oceans Canada for advice and/or regulatory approval.
2.
Unstable Soils and Drainage
In areas that, in the opinion of Council, are environmentally sensitive or hazardous use
due to unstable soils, geology, or drainage conditions, development may be restricted
altogether or subject to special conditions to reduce potential impacts or.
3.
Watercourse and Wetland Protection
(1)
Development in the vicinity of watercourses and wetlands will be carried out in a
manner that protects natural drainage and minimizes potential for environmental
impacts.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 24
(2)
Conservation buffers will be established to protect watercourses from stormwater
discharges, erosion, sedimentation, pollution, and other adverse effects.
(3)
In areas of existing development, the establishment of watercourse buffers will
strive for a reasonable balance between environmental protection objectives and
the utilization of vacant land fronting onto existing streets.
(3)
Where it believes that a proposed development may affect a wetland, at its
discretion, Council may:
(a)
require the development to be set back from the wetland a sufficient
distance to minimize environmental impacts,
(b)
require such other conditions or restrictions as may be necessary to protect
the wetland, and/or
(c)
refuse to approve the development if it believes that impacts cannot be
sufficiently minimized or mitigated.
4.
Coastal Lands
(1)
Development abutting coastal shorelines shall be carried out in a manner that
minimizes potential for environmental impacts, protects natural coastal features,
and preserves existing public access to and along the shore.
(2)
Conservation buffers and other measures will be used to protect beaches, beach
banks, salt marshes, rock platforms and other sensitive coastal features from
development impacts.
5.
Flood Risk Areas
Development may not be permitted, or may be subject to special conditions, on sites that,
in the opinion of Council, are subject to local flooding.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 25
6.
Steep Slopes
Steep slopes will be subject to development restrictions or other conservation measures
designed to minimize environmental impacts and hazards to properties resulting from
development.
7.
Storm Drainage
(1)
Development will not be undertaken in a manner that causes an excessive increase
in stormwater runoff, which might be detrimental to adjacent properties, unstable
slopes, watercourses, and other sensitive areas.
(2)
Development will not be permitted on any site where it would otherwise be
permitted when, in the opinion of Council, the development might result in
flooding, soil erosion, siltation of nearby streams, or significant runoff onto
adjacent properties.
(3)
In areas where there is concern that development may contribute to increased
stormwater runoff, Council may require a landowner to:
(a)
Set aside open space areas where stormwater can be discharged to
naturally infiltrate into the soil.
(b)
Maintain vegetated buffers between stormwater ditches and watercourses
to minimize direct discharges into watercourses.
(c)
Channel runoff to low-lying areas on the development site.
(d)
Take advantage of the topography to reduce storm drainage, for example,
retain natural depressions in the landscape to accumulate runoff.
(e)
Re-establish vegetative cover as rapidly as possible on gravel surfaces,
banks, drainage ditches, and other areas disturbed by construction activity.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 26
4.4
Infrastructure Policies
1.
Water Supply System
(1)
Maintenance
Council will maintain the water intake, pump house, and distribution system in
good working order to ensure the community has an adequate quantity and quality
of water consistently available for its needs.
(2)
Fire Flows
Adequate fire flows will be maintained in all areas served by municipal water.
(3)
Low Pressure Areas
Development may be restricted in locations where it would be difficult and costly
to achieve sufficient water pressure for fire flows and residential needs.
2.
Sanitary Sewer System
(1)
Maintenance
Council will maintain the town's sanitary sewer system in good working order.
(2)
Sewer Outfalls
Saltwater sewer outfalls will be designed and maintained to minimize
environmental impacts on the coastal environment.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 27
5.0 AREA SPECIFIC POLICIES
The Municipal Plan divides the Planning Area into the following land use designations, which
are identified on the attached Future Land Use maps. In this section, land use policies are set out
for each of these designations.
Protected Watershed
Commercial Industrial
Environmental Protection
Open Space
Coastal
Airport
Residential
Rural
Mixed Development
5.1
Protected Watershed
1.
General Intent
Land is designated Protected Watershed to protect the St. Lewis drinking water supply.
The water supply area includes Tub Harbour Pond, Fox Harbour Pond, Hawk Nest Pond,
a number of smaller ponds, and the connecting network of streams, along with the
surrounding drainage area.
2.
Land Uses
(1)
Permitted uses in the Protected Watershed area include conservation uses and
utilities expressly related to the management, operation, and protection of the
water supply system.
(2)
Forestry and certain open space uses such as walking trails may be permitted at
Council's discretion if they are deemed to be compatible with water supply
protection. All development will be subject to high standards and conditions to
ensure they will not adversely affect the water supply.
(3)
Transportation uses related to the existing airport and runway may be permitted at
Council's discretion, subject to conditions to ensure the municipal water supply
will not be adversely affected.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 28
(4)
At its discretion, Council may permit mineral exploration if it deems that there
will be no adverse impacts on the municipal water supply. Prior to approving an
application for exploration activity, Council:
(a)
will hold a public meeting to provide residents an opportunity to raise
questions and have input on the proposed activity. The applicant will be
required to attend to provide a description of the proposed activity and
answer questions from participants.
(b)
may, at the applicant's expense, require an independent environmental
assessment to be undertaken of potential impacts on the municipal water
supply.
(c)
will require the applicant to cover the costs for Council to hire an
environmental monitor to oversee the exploration work.
(d)
will set conditions that require the applicant to restore disturbed sites to an
acceptable natural condition.
(e)
may require the applicant to enter into a liability agreement for any
contamination to the water supply or other environmental damage as a
result of the exploration work. This may include the purchase of a surety
against potential costs for any necessary remediation.
(5)
No recreational cottages or other forms of built-up development will be permitted
in the Protected Watershed zone.
3.
Department of Environment and Conservation
No development shall be permitted in the Protected Watershed area without the approval
of the Water Resources Branch of the Department of Environment and Conservation.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 29
4.
Watershed Monitoring and Enforcement
(1)
Council will closely monitor land uses and activities in the Protected Watershed
designation to ensure they are carried out in a manner that will not harm water
quantity and quality.
(2)
Uses or activities that are found to be taking place in a manner deleterious to the
water supply will be subject to an immediate stop-work order.
5.2
Environmental Protection
1.
General Intent
(1)
In the Environmental Protection designation, highest priority is given to
conservation and protection environmental features and sensitive and scenic areas.
(2)
The Environmental Protection designation will protect environmentally sensitive
areas, including, but not limited to, lakes, rivers, streams, estuaries, wetlands, and
steep slopes.
2.
Land Uses
(1)
Conservation uses, including buildings and structures associated with
conservation, will be permitted.
(2)
Council may permit open space uses such as walking trails and boardwalks.
(3)
The filling-in of land or water will not be permitted unless it is for flood
protection, redirection of floodwaters, and has been approved by the Department
of Environment and Conservation.
(4)
Council may permit certain transportation infrastructure, for example road
crossings of streams, as long as alternative locations are not possible and Council
considers the proposed development to be in the public interest. Before approving
such a development, it must be clearly demonstrated to Council that potential
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 30
adverse effects on the site or adjacent waterways will be minimal. Council may
consult with the Department of Environment and Conservation, Fisheries and
Oceans Canada, and other relevant agencies before approving any such a
development.
5.3
Coastal
1.
General Intent
In the Coastal designation, highest priority is given to maintaining the integrity of the
saltwater shoreline, protecting sensitive coastal features, providing for public access to
and along the shoreline, and providing for necessary fisheries and marine facilities and
infrastructure.
2.
Land Use
(1)
Conservation uses, including buildings and structures associated with
conservation, will be permitted. Open space uses such as hiking trails will be
permitted subject to conditions set by Council.
(2)
At its discretion, Council may permit developments that are coastal-location
essential such as marine and fisheries facilities, docks, and marinas. Council will
consult with the Department of Environment and Conservation, Fisheries and
Oceans Canada, and other relevant agencies before approving any such
development.
(3)
Council may, under the following circumstances, permit a single dwelling to be
developed on a lot that existed prior to the adoption of this Municipal Plan:
(a) Only if there is no opportunity on the lot to erect the dwelling outside of the
Coastal designation,
(b) Only if the dwelling will not obstruct public access along the shoreline, and
(c) Only if necessary approvals have been obtained from the Department of
Environment and Conservation and Fisheries and Oceans Canada.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 31
3.
Filling-In of Land or Water
The filling-in of land or water will not be permitted unless it is for a public work that has
been approved by the Department of Environment and Conservation and Fisheries and
Oceans Canada.
5.4
Residential
1.
General Intent
Areas are designated Residential in order to accommodate new housing needs and
preserve the amenity of existing residential areas.
2.
Land Uses
(1)
The predominant use of land in areas designated Residential will be single-
detached housing.
(2)
Conservation, open space, crop agriculture, subsidiary apartments, and residential
accessory buildings are complementary uses that are permitted in the Residential
designation.
(3)
Home occupations are permitted in Residential areas subject to terms and
conditions to minimize negative impacts on neighbouring residential properties.
(4)
At Council's discretion, double dwellings, mini homes, multiple-unit dwellings,
boarding houses, residential care homes, and bed and breakfast operations may be
permitted.
(5)
Other discretionary uses include childcare services, cultural and civic, emergency
services, indoor assembly, recreational open space, small-scale livestock
agriculture, kennels, and communications uses.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 32
3.
Council Control of Land Development
(1)
No residential land development involving new street construction will be
permitted except in accordance with a subdivision plan that has received approval
of Council.
(2)
Each subdivision plan will demonstrate how the proposed development will link
with existing street(s) and, if required by Council, how the development will
accommodate access for potential development in the surrounding area.
(3)
Council will monitor each land development to ensure that the development
complies with the approved subdivision plan.
(4)
All costs associated with street development will be the responsibility of the
developer.
4.
Home Occupations
A home occupation will be permitted within a dwelling or within an accessory building
on a residential lot in accordance with conditions outlined in the Development
Regulations as well as any other conditions that may be required by Council.
5.
Agricultural Uses
(1)
Crop Farming
Crop agriculture, including greenhouses, is permitted in the Residential
designation.
(2)
Keeping of Livestock
A small-scale livestock use may be approved as an accessory use at Council's
discretion, subject to limitations on the number of animals and the location of a
livestock facility on the lot.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 33
6.
Use of Discretionary Authority
If Council deems that a proposed development in the Residential designation will
adversely affect existing land uses, it may exercise its discretionary authority to refuse the
application or to set terms and conditions on the development.
7.
Design and Appearance of Non-Residential Properties
Council will require a high standard of building design and appearance for commercial,
light industrial, and other non-residential developments to ensure they are compatible
with surrounding residential properties.
5.5
Mixed Development
The Mixed Development designation includes The Bottom area, along Main Road in the vicinity
of existing water and sewer services, Fishermen's Point Road, and Frankie's Cove Road. This
designation recognizes the spatial limitations in these areas for the accommodation of any type of
large, land-consuming development.
1.
General Intent
(1)
Areas are designated Mixed Development to allow for a mix of residential,
commercial, light industrial, and institutional uses. Council will carefully manage
new development in this designation to maintain and enhance traditional mixed
use areas.
(2)
Development will generally be limited to areas that can be economically
connected to existing streets including infill along existing roads, extensions to
existing streets, and new streets that are readily accessible to existing streets.
(2)
Council will promote and facilitate adaptive reuse and redevelopment of vacant
and underused buildings and properties in the Mixed Development designation.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 34
2.
Land Uses
(1)
Permitted uses in the Mixed Development designation include single and double
dwellings, home occupations, subsidiary apartments, accessory buildings,
conservation, open space, and small-scale crop agriculture.
(2)
Multiple-unit dwellings, mini homes, bed and breakfast operations, boarding
houses, residential care homes, childcare, medical services, cultural and civic,
commercial accommodations, tourist cottage establishments, catering uses, indoor
assembly, and general assembly may be permitted at Council's discretion if they
are deemed to be suitable for the area and compatible with existing development.
Drinking establishments, take-out restaurants, outdoor assembly, entertainment,
service stations, light industrial uses, and kennels, may be permitted in certain
locations, but will require more stringent conditions to minimize conflict with
existing development.
Other uses that may be permitted at Council's discretion include shops, offices,
indoor and outdoor markets, emergency services, general services, personal
services, places of worship, recreational open space, communications, and hobby-
scale livestock agriculture.
3.
Compatibility of Uses
(1)
In evaluating development proposals in Mixed Development areas, Council will
pay particular attention to ensuring new development is compatible with existing
uses and the general character of the area.
(2)
Where an area within or adjacent to the Mixed Development designation is
predominantly residential in character, proposed non-residential uses will not be
approved if they are considered incompatible with existing residential uses.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 35
(3)
Council may impose conditions to require a commercial or light industrial use to
maintain an attractive appearance and minimize nuisance impacts on existing
uses. These may address proper site layout, buffering, screening, parking, and
control or restriction of potentially noxious or hazardous activities.
(4)
Council will consult with residential neighbours of a proposed discretionary use
development before deciding on approval or non-approval.
4.
Use of Discretionary Authority
If Council deems that a proposed development in this designation would be incompatible
with existing land uses or with the general character of the area, it may exercise its
discretionary authority to refuse the application or set conditions on the development.
5.6
Commercial Industrial
1.
General Intent
Land is designated Commercial Industrial to facilitate economic development.
2.
Land Uses
(1)
The Commercial Industrial designation allows for a range of commercial and
industrial uses such as light industry, shops, communications, emergency
services, general services, indoor markets, offices, outdoor assembly, outdoor
markets, and personal services.
Subsidiary apartments are permitted if they are necessary for the operation of a
main use. Conservation and open space use are permitted.
(2)
At Council's discretion, the designation may allow general industrial uses,
fisheries and marine facilities, indoor assembly, kennels, tourist cottage uses,
recreational open space, service stations, and vehicle sales and services.
Discretionary uses also include mineral working and mineral exploration.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 36
5.7
Open Space
1.
General Intent
Land is designated Open Space to preserve natural areas for environmental and aesthetic
purposes, as well as for trails and passive recreational uses.
2.
Land Uses
(1)
Permitted uses include conservation and open space uses such as trails and other
passive recreational uses.
(2)
The Open Space designation may also accommodate recreational open space uses,
cultural and civic uses, crop agriculture, and cemeteries.
3.
Trail System
(1)
It is the intent of Council to facilitate ongoing development and improvement of
St. Lewis's trail system to accommodate a range of recreational activities.
(2)
As much as possible, the trail system will incorporate freshwater and coastal
buffer areas, scenic look-off points, and traditional local pathways.
(3)
Council shall encourage local residents and landowners to cooperate with trail
developers by facilitating access through and adjacent to private properties.
5.8
Airport
1.
General Intent
Land is designated Airport to recognize the existing St. Lewis Airport and facilitate
development related to its continued operation.
2.
Land Uses
Permitted land uses in the Airport designation include airport related transportations use,
conservation, and open space.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 37
5.9
Rural
1.
General Intent
Areas are designated Rural to recognize their importance for natural resource utilization,
habitat conservation, outdoor recreation, and, in some areas, recreational cabins.
2.
Land Uses
(1)
Permitted uses within this designation will include conservation, crop agriculture,
forestry, and open space.
(2)
Developments that Council may permit at its discretion include mineral
exploration, mineral working, campgrounds, cemeteries, livestock agriculture,
general and light industry, recreational open space, and communications uses.
(3)
Council may, under the following circumstances, permit a single dwelling to be
developed on a lot that existed prior to the adoption of this Municipal Plan only if
there is no opportunity on the lot to erect the dwelling outside of the Rural
designation.
(4)
Recreational dwellings may be permitted at Council's discretion, subject to terms
and conditions. Council will not be responsible for developing or maintaining
roads or trails used for access to recreational dwellings.
3.
Environmentally Sensitive and Scenic Areas
Council may restrict or set conditions on land uses or resource extraction activities on
sites that it feels are environmentally sensitive or are not conducive to development for
aesthetic reasons. Such areas may include steep or unstable slopes, other geologically
unstable areas, publicly visible hillsides, wetlands, watercourses, and ravines. In these
areas, land protection rather than development will take priority.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 38
4.
Mineral Working
(1)
Mineral working operations, if permitted by Council, will be carried out in a
manner that protects existing land uses and environmental and scenic resources.
Buffering requirements will be required between mineral working sites and
nearby residential areas, roadways, watercourses, and recreational developments.
(2)
Proposals for new mineral working operations shall be subject to an assessment of
environmental and scenic impacts, and compatibility with nearby residential uses.
(3)
Council will establish standards in the Development Regulations aimed at
reducing the potential impacts of mineral working operations on nearby built-up
areas and environmentally sensitive areas, and may require measures to:
(a)
Protect watercourses, wetlands, steep slopes, and other environmentally
sensitive areas.
(b)
Restrict mineral working in public viewsheds and near existing residential
areas, roads, and recreational areas.
(c)
Establish conditions for site management, upkeep, and rehabilitation.
5.
Mineral Exploration
Mineral exploration, if permitted by Council, will be subject to terms and conditions set
by Council, as well as to all requirements of the Departments of Natural Resources and
Environment and Conservation.
6.
Forest Management
(1)
Forest harvesting and management activities on publicly owned land will be
subject to the requirements and supervision of the Department of Natural
Resources.
(2)
Wood harvesting activities shall respect the Town's objectives for environmental
protection, scenic area preservation, recreation areas, and municipal watershed
protection.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 39
6.0 IMPLEMENTATION
The St. Lewis Municipal Plan will be implemented over the next 10-years through decisions of
Council. Of particular importance to Council are the following:
Effective administration of the Municipal Plan
Public participation
Development Regulations
The basis of development control, and
The procedure for considering amendments to the Municipal Plan.
6.1
Administration of the Plan
The St. Lewis Municipal Plan is is comprised of goals and objectives (Section 3), land use
policies (Section 4), and a program of implementation (Section 5). All development applications
will be evaluated for their conformity to the policies in the Municipal Plan.
1. Map Interpretation
(1)
For the purpose of administering the Municipal Plan, Future Land Use Map 1
and Map 2 shall be read only in conjunction with the goals, objectives and land
use policies of the Plan.
(2)
The boundaries of the land use designations shown on the Future Land Use
Maps are general only and are not intended to define exact limits except where
they coincide with roads, shorelines, or other prominent physical features. No
amendment to the St. Lewis Municipal Plan shall be required to allow minor
adjustments of the land use boundaries. Other than such minor boundary
adjustments, no development shall be permitted that does not conform to the Plan.
2. Development Applications
(1)
Every person or corporation wishing to develop land for any purpose within the
St. Lewis Municipal Planning Area must apply to Council for permission through
the established procedure. Council shall require that all development applications
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 40
conform fully to the St. Lewis Municipal Plan before proceeding. Council may
refuse or approve the application and may set conditions on approval. The
decision of Council may be appealed to the appropriate appeal board.
(2)
Once conformity to the Municipal Plan has been established, Council shall ensure
that each development proposal is given an evaluation.
(3)
If Council suspects that a Provincial or Federal statute or regulation may come
into effect, it will refer the development proposal to the relevant government
department or agency for approval or comments.
(4)
Council's final decision on an application will be based on the desire to guide the
development of the St. Lewis in the best long-term interest of residents. Council
may refuse or approve applications, with or without conditions.
(5)
Provisions regarding the appeal of Council decisions on development applications
will be contained in the Development Regulations.
3. Subdivision Proposals and Agreements
(1)
Evaluations of proposed subdivisions of land for development will address:
(a)
Physical conditions and features of the site, as well as opportunities for
and constraints on development.
(b)
How the proposed subdivision will connect to existing roads, how it will
affect existing developments, and whether it will provide for future access
to undeveloped lands in the area.
(c)
Whether the proposed subdivision will be compatible with surrounding
land uses both existing and future.
(d)
Long-term municipal costs of providing services and maintaining
infrastructure.
(e)
How the development may affect important and sensitive environmental
resources.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 41
(2)
Before subdivision developments are approved Council may require the developer
to enter into a development agreement with the Town. The agreement shall
establish the conditions under which development will proceed and shall be
binding on both parties. Any conditions governing the development will be
enforced by attaching them to the development permit.
4. Non-Conforming Uses
(1)
A building, structure, or other development that does not conform with the intent
and permitted land uses of this Municipal Plan, but which legally existed before
the registration date of the Plan, will be permitted to continue as a "non-
conforming use" subject to the provisions of Section 108 of the Urban and Rural
Planning Act.
(2)
Notwithstanding subsection (1), if a non-conforming use is discontinued for a
consecutive period of twelve months, or such further period as Council considers
fit, it shall not be resumed, and any further use of the land or building shall
conform with the intent of this Plan and its Development Regulations.
(3)
A non-conforming use under this Municipal Plan:
(a)
shall not be internally or externally varied, extended or expanded unless
otherwise approved by Council,
(b)
shall not be structurally modified except as required for the safety of the
building, structure or development,
(c)
shall not be reconstructed or repaired for use in the same non-conforming
manner in a case where 50 percent or more of the value of that building,
structure or development has been destroyed,
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 42
(d)
may have the existing use for that building, structure or development
varied by Council to a use that is, in Council's opinion more compatible
with this Municipal Plan and its Development Regulations
(e)
may have the existing building extended where, in Council's opinion, that
extension is not more than 50 percent of the existing building
(f)
where the non-conformance is with respect to the standards included in the
Development Regulations, shall not be expanded if the expansion would
increase the non-conformity; and
(g)
where the building or structure is primarily zoned and used for residential
purposes, may, in accordance with this Municipal Plan and its
Development Regulations, be repaired or rebuilt where 50 percent or more
of the value of that building or structure is destroyed.
6.2
Public Participation
The Municipal Plan is an expression of the goals and aspirations of the citizens of St. Lewis,
therefore, the periodic review of the Plan provides an opportunity for public participation and
input, and can be an invaluable tool for the successful implementation of planning.
Council will take advantage of opportunities to involve the public in decision-making processes
with respect to future planning and development of the community.
6.3
Development Regulations
Pursuant to Section 35 of the Urban and Rural Planning Act, Council has adopted the St. Lewis
Land Use Zoning, Subdivision and Advertisement Regulations (referred to as the Development
Regulations) in order to implement the goals, objectives and land use policies of the Municipal
Plan. The Development Regulations control the subdivision and development of all land within
the St. Lewis Planning Area.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 43
1.
Council Responsibility
In accordance with Section 35 of the Urban and Rural Planning Act, the Development
Regulations have been established to ensure that land is controlled and used only in
accordance with the St. Lewis Municipal Plan.
2.
Content
The Development Regulations:
(a)
divide the Planning Area into land use zones
(b)
indicate permitted, discretionary, and prohibited uses of land in each land
use zone,
(c)
set out municipal-wide and zone-specific requirements and standards for
the subdivision and development of land,
(d)
set out the administrative procedures for dealing with development permit
applications and the issuing of development and building permits,
(e)
set out the regulations respecting the non-conforming development and
use of land,
(f)
set the minimum notice periods for Council for decisions respecting
discretionary land uses, non-conforming land uses, and variances,
(g)
set out the regulations and procedures respecting appeals of Council
decisions, and
(h)
set out the regulations respecting the enforcement of permit requirements.
6.4
Development Control
1.
Municipal Plan is Binding
The St. Lewis Municipal Plan is a legal document that is binding upon all persons and
organizations, including the Council.
2.
Council Responsibility
Council shall exercise appropriate control over development in the St. Lewis Planning
Area in accordance with the Municipal Plan and the Development (Land Use Zoning,
Subdivision, and Advertisement) Regulations.
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 44
3.
Subdivision and Development Applications
(1)
All persons wishing to subdivide or develop land for any purpose within the
Planning Area shall apply to Council for permission on the prescribed
applications forms and shall submit a detailed drawing of the proposal indicating
the location and dimensions of the land and the development.
(2)
Council will examine the application on the basis of the Development
Regulations. Council may approve the application, approve it with conditions, or
refuse it.
4.
Right to Appeal
An applicant who receives a refusal decision from Council on a development application
may appeal that decision to the Appeal Board in accordance with the St. Lewis
Development Regulations.
5.
Provincial and Federal Referrals
If Council forms an opinion that a proposed development may be affected by the
regulations of a Provincial or Federal department, the application will be referred to the
concerned department for comments before a permit is issued.
6.5
Amending the Municipal Plan and Development Regulations
This Municipal Plan was prepared on the basis of existing and expected future conditions. It is
Council's intention not to amend the Plan for a five-year period after its adoption, after which
another Plan Review will be undertaken. Nevertheless, if conditions change in unforeseen ways
during the planning period, Council may consider possible amendments to the Plan.
1.
Municipal Plan Amendment
If Council decides to adopt an amendment to the Municipal Plan, in accordance with
Section 25 of the Urban and Rural Planning Act, the amendment procedure will be the
St. Lewis Municipal Plan, 2015-2025
Baird Planning Associates
Page 45
same as for the adoption of the Municipal Plan as a whole. This procedure is outlined in
Sections 14 to 24 of the Act.
2.
Stand-Alone Amendment to the Development Regulations
(1)
If Council decides to adopt an amendment to the Development Regulations,
which does not also require a change to the Municipal Plan, the amendment
procedure will be in accordance with Section 35 (5) of the Act.
(2)
Council shall give notice of the proposed change in a newspaper circulated in the
area and shall receive representations with respect to those changes before
forwarding the adopted amendment to the Department of Municipal Affairs for
registration under Section 24 of the Act.
6.6
Five-Year Plan Review
In accordance with Section 28(1) of the Act, Council shall review this Municipal Plan and
Development Regulations not more than 5 years after the date on which the Plan and
Development Regulations came into force.