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SUNNYSIDE MUNICIPAL PLAN
2006 - 2016
AMENDMENT NO. 1, 2010
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Remove Bull Arm Freeze Area
Add NALCOR Corridor
Add Public Utility Designation for NF Power Corridor
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Allow Seasonal Residential as a Discretionary Use in the Rural Designation
Expand Town Designation Boundaries
Expand Environmental Protection Designation for Wetlands and Coastal Areas
Private Water Supply and/or Waste Disposal Development Standards Replaced
Other Housekeeping Amendments
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URBAN AND RURAL PLANNING ACT
RESOLUTION TO ADOPT
TOWN OF SUNNYSIDE
MUNICIPAL PLAN AMENDMENT NO. 1, 2010
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the
Town Council of Sunnyside adopts the Sunnyside Municipal Plan Amendment No. 1,
2010
Adopted by the Town Council of Sunnyside on the 23rd day of February, 2011.
Sigrecl-xlnd sealed this \ 3
day of
, 2011.
Mayor:
Robert Snook
Clerk:
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that the attached Municipal Plan has been prepared in accordance with
the requirements,..toOtrif.r
.c..fpz,and Rural Planning Act 2000.
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Robert
Mayor:
Clerk:
URBAN AND RURAL PLANNING ACT
RESOLUTION TO APPROVE
TOWN OF SUNNYSIDE
MUNICIPAL PLAN AMENDMENT NO. 1, 2010
Under the authority of section 16, section 17 and section 18 of the Urban and
Rural Planning Act 2000, the Town Council of Sunnyside:
a)
adopted the Sunnyside Municipal Plan Amendment No. 1, 2011 on the
23rd day of February, 2011.
b)
gave notice of the adoption of the Sunnyside Municipal Plan Amendment
No. 1, 2010 by advertisement inserted on the 3rd day of March, 2011 and
the 10th day of March, 2011, in the Packet newspaper.
c)
set the 30th day of March, 2011 at 7:30 p.m. at the Town Hall, Sunnyside
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 Sunnyside approves the Sunnyside Municipal Plan Amendment No. 1, 2010
on the 13th day of April, 2011
SIGNED
EALED this VS
day of kk\i,;-3
, 2011
Municipal Plan/Amendment
REGISTERED
Number,
zot( ,60z-
Date
7-0' C
.
Signature, -A04(//1&'
Town of Sunnyside
Municipal Plan Amendment No. 1, 2010
BACKGROUND
This municipal plan amendment is designed to:
(a)
Remove Bull Arm Freeze Area -- this is no longer relevant;
(b)
Add the NALCOR Corridor -- an area in which all development is subject to review
by NALCOR and the Public Uility Designation for the Newfoundland Power Corridor;
(c)
Add Seasonal Residential as a discretionary use in the Rural Designation;
(d)
Expand the Town Designation while at the same protecting additional wetlands in
and near the built-up areas through the Environmental Protection Designation;
(e)
Extend the Environmental Protection Designation along the south side of Bull Arm
taking in a proposed trail and taking in McKay (or Frenchman's) Island
(archaeological site);
(f)
makes other minor adjustments in the wording and contents, including agency
names, as needed.
Sections 1, 2 and 3 are not amended
PUBLIC CONSULTATION
Advertised in the September 23rd and 30'h, 2010 editions of the Packet, the public briefing
session scheduled for October 4, 2010 was cancelled due to lack of representations.
THE AMENDMENT
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1.
Future Land Use Maps 1 and 2 are replaced.
2.
Municipal Plan 2006 - 2016 is replaced with the revised text as set out in this
amendment.
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TABLE OF CONTENTS
1
INTRODUCTION
Page 1
2
INTERPRETATION
Page 1
3
BACKGROUND
Page 1
4
OBJECTIVES
Page 4
5
LAND USE POLICIES
Page 4
5.1
General Development
Page 4
5.1.1
Future Land Use Designations and Policies
Page 4
5.1.2
General Development Policy
Page 4
5.1.3
Conditions - All Development
Page 5
5.1.4
Advertisements and Signs
Page 5
5.1.5
Agriculture and Forestry
Page 6
5.1.6
Archaeological and Heritage Resources Page 6
5.1.7
Comprehensive Development
Page 7
5.1.8
Discretionary Uses
Page 7
5.1.9
Mineral Exploration
Page 8
5.1.10
Mineral Workings
Page 8
5.1.11
NALCOR Corridor
Page 9
5.1.12
Site Development
Page 9
5.1.13
Solid Waste Disposal Buffer
Page 9
5.1.14
Trails
Page 9
5.1.15
Trans Canada Highway
Page 10
5.1.16
Waterways - Buffers
Page 10
5.1.17
Wind Mills, Wind Turbines and Wind Farms - Utility
Page 10
5.2
Town Designation
Page 11
5.3
Solid Waste Disposal Designation
Page 11
5.4
Rural Designation
Page 12
5.5
Trans Canada Highway Designation
Page 12
5.6
Protected Water Supply Designation
Page 12
5.7
Environmental Protection Designation Page 12
5.8
Public Utility Designation
Page 12
5.9
Trans Canada Highway Protected Road Zoning Plan Page 13
Maps
Future Land Use Maps 1 and 2.
SUNNYSIDE
MUNICIPAL PLAN 2006 - 2016
MUNICIPAL PLAN AMENDMENT NO. 1, 2010
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1
INTRODUCTION
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This document is a municipal plan for the Town of Sunnyside that has been
prepared in accordance with the provisions of the Urban and Rural Planning Act of
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Newfoundland and Labrador. It is accompanied by the Town of Sunnyside
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Development Regulations which provides the land use controls necessary to
implement certain land use policies of this municipal plan.
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The Municipal Plan and Development Regulations are seen as a tool to achieve
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certain community goals over a five to ten year period which will enable the Town
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to capitalize on its assets and to provide a means whereby development is guided
in a fair and open manner.
2 INTERPRETATION
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Sections 4 and 5 and the Future Land Use Maps, constitute the legally effective
parts of the Sunnyside Municipal Plan. These sections set out the land use policies
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for the Sunnyside Municipal Planning Area. These policies are given effect and
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implemented under the Urban and Rural Planning Act 2000 and the Sunnyside
Development Regulations.
The boundaries between the different land use designations in the Municipal Plan
are meant to be general, except in the case of roads or other prominent physical
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features, where they are intended to define the exact limits of each category.
The Development Regulations which are deemed to implement the Municipal Plan,
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shall, in addition to any other matter set out under Section 13 (2) of the Urban and
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Rural Planning Act 2000 and other Sections of the Act and the Development
Regulations under the Urban and Rural Planning Act 2000 provide for non-
conforming uses, appeals and variances.
3 BACKGROUND
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Sunnyside is a Trinity Bay community located on the Isthmus linking the Avalon
Peninsula to the rest of the Island. It is very close to the Placentia Bay communities
of Arnold's Cove and Come By Chance, and borders on the Bull Arm Special
Management Area. It is approximately twenty-five minutes east of Clarenville and
an hour and fifteen minutes from St. John's.
The community extends some 11 kilometres along the northern side of Bull Arm.
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Sunnyside Municipal Plan 2006 - 2016 Amendment No. 1, 2010
The Town's municipal water system is supplied from the Center Cove River
Protected Water Supply Area. The Town also has a municipal sewer system with
sewer outfalls into Bull Arm.
The Town is very proud of its initiatives in recreation, particularly the Centre Hill Trail
that winds its way along the Centre River high into the country back of Sunnyside.
The population of Sunnyside was 477 in 2001, which is fewer than the 621 recorded
in 1996. The area of the Town is 37.95 square kilometres. The number of dwellings
is approximately 249. (Source: Statistics Canada Community Profiles 2001.)
The Town owns and operates the Sunnyside Waste Management Site, a well run
landfill accessed by a road off the Trans Canada Highway. This landfill serves the
Come By Chance Oil Refinery and Bull Arm as well as the Towns of Sunnyside and
Come By Chance.
Universal Services Incorporated, a privately operated soil recycling facility is located
next to the landfill.
There is potential for appropriate industrial development along the access road to
the Landfill, although environmental issues would have to be addressed.
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Sunnyside Municipal Plan 2006 - 2016 Amendment No. 1. 2010
SUNNYSIDE MUNICIPAL PLAN
OBJECTIVES AND POLICIES
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OBJECTIVES
The municipal plan is designed to assist in securing certain basic objectives
for the Town, namely:
a)
to secure the basis for orderly development and promote future
growth;
b)
to make the Town of Sunnyside a hospitable and physically attractive
place for residents, visitors and businesses.
5
LAND USE POLICIES
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5.1
General Development
p 5.1.1
Future Land Use Designations and Policies
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All development within the Sunnyside Planning Area shall be managed in
accordance with the general land use policies and designations set out in the
ensuing sections. These designations are shown on the Future Land Use
Maps.
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To identify land for the future development needs of Sunnyside, the following
land use designations are established in the Plan and designated on the
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Future Land Use Maps:
a)
Town
b)
Solid Waste Disposal
c)
Rural
d)
Trans Canada Highway
e)
Protected Water Supply
f)
Environmental Protection
g)
Public Utility
5.1.2
General Development Policy
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Council shall ensure that new development makes efficient use of existing
roads and infrastructure. Council shall further ensure that new development
will not create unreasonable servicing demands or costs.
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Larger scale subdivision development will be subject to a comprehensive
evaluation by Council to ensure that it will mesh with adjacent development
and the existing road system. Access to adjacent undeveloped land shall be
reserved for future development.
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In addition to any other considerations under this Municipal Plan, Council
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may refuse permission for a subdivision or any development where in its
opinion it is uneconomical to provide all requisite services, including road
maintenance, garbage pickup and fire protection.
Development on private water and/or waste disposal systems shall be
approved by the Department of Government Services and all other
appropriate agencies before a permit is issued by the Town.
5.1.3
Conditions - All Development
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(1)
Services and Access
Services and access must be appropriate to the type and scale of
development. The Town can require that development be connected
to municipal water and/or sewer services.
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(2)
Uses Permitted In All Designations
Accessory buildings and uses, antenna, conservation, public services
and public utilities, roads, utilities (wind mills, wind turbines and wind
farms) and recreational open space and trails are or may be permitted
in all designations unless specifically prohibited.
(3)
Compatibility of Uses, Buffers and Screening
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Council shall ensure as much as possible that new development will
not negatively affect existing and proposed land uses by creating a
hazard or nuisance such as noise, dust, odour or unsightly
appearance. Council may require a developer to provide appropriate
screening or to undertake other measures to minimize negative off-
site effects.
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5.1.4
Advertisements and Signs
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Signs within 100 metres of the centre-line of the Trans Canada Highway
(Highway 1) are subject to the approval of the Government Service Centre,
Department of Government Services and must be in accordance with the
Highway Sign Regulations - Province of Newfoundland and Labrador.
5.1.5
Agriculture and Forestry
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Agriculture and forestry uses are deemed to be permitted uses under the
Rural designation, subject to all other provisions of this Municipal Plan and
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Sunnyside Municipal Plan 2006 - 2016 Amendment No. 1, 2010
the implementing Development Regulations.
The Agrifoods Development Branch of the Department of Natural Resources
has identified pasture-lands to the main town. These pasture-lands are to be
protected. Development applications within these areas are to be referred to
the Agrifoods Development Branch before the Town grants a permit.
Higher intensity livestock and related agricultural uses shall be separated by
an adequate buffer between existing and proposed residential developments
and shall conform to Provincial Government policies and guidelines with
respect to their development and management.
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The Province has identified a number of productive forest stands in the
Planning Area which lie within the Rural designation. Development
applications within the Rural designation shall be referred to the Department
of Natural Resources, Forestry Services Branch before any permit is issued
to ensure that the integrity of the forest resource is maintained.
5.1.6
Archaeological and Heritage Resources
( 1 )
Archaeological sites and discoveries are protected under the Historic
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Resources Act, 1985. If such a site is discovered, development shall
stop and the Provincial Archaeology Office of the Department of
Tourism, Culture and Recreation consulted. Also, if any major
development is proposed, this Office shall be advised before an
approval is granted by the Town so that the necessary research can
be carried out before construction begins.
(2)
There is a known archaeological site located on McKay Island
(previously known as Frenchman's Island) which is protected under
the Historic Resources Act. There is potential for other historic
resources to be located within the Planning Area, particularly along
the shoreline of Little Mosquito Cove and the southern shore of Bull
Arm. Any development proposal in these areas shall be referred to
the Provincial Archaeology office in the planning stages to ensure that
potential historic resources are not disturbed or destroyed.
(3)
After proper notification and consultation, the Town may designate
any property or structure a heritage property or building and require
that certain conditions pertaining to appearance and upkeep be
maintained.
(4)
The Town may designate an entire area containing groupings of
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archaeological and/or heritage sites a heritage area under which
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certain conditions designed to protect and best develop the resources
are put into place.
5.1.7
Comprehensive Development
This provision is designed to allow a development that could reduce road
frontage, make more effective use of services, yield more open space and/or
protect certain environmental and heritage resources. This provision can be
applied to sites that are difficult, if not impossible to develop, under the
conventional zoning requirements - for example, sites that contain wetlands,
and rocky outcrops.
The Town can allow a planned comprehensive development, in which
frontage on a public road, lot frontage and lot area do not meet the
requirements of the Town Zone under the Town's Development Regulations,
provided:
a)
the development is planned as a single development with roads,
services, lotting, open spaces and other features typically required in
a plan of subdivision;
b)
water and waste disposal systems are adequate;
c)
adequate access is provided to the site;
d)
the land use and overall density of the comprehensive development
satisfies the requirements of the zone in which it is located.
5.1.8
Discretionary Uses
Unless it is specifically set out as a discretionary use under the Municipal
Plan, the Town may determine that a use should be identified as
discretionary use under the Development Regulations, where, in its opinion:
a)
the use is likely to have an impact on the predominant uses of the
zone and that in order to mitigate this impact it is desirable to consult
with the public and possible affected parties prior to issuing, issuing
subject to conditions, or refusing a permit;
b)
that to ensure that the discretionary use is compatible with nearby
uses and the predominant uses of the zone it is necessary to attach
conditions to an approval that differ from the standard conditions
under the Development Regulations.
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Sunnyside Municipal Plan 2006 - 2016 Amendment No. 1, ")010
5.1.9
Mineral Exploration
(1)
Mineral exploration which is not classed as development by virtue of
appreciable soil disturbance, construction of access roads, noise,
odour and appearance can be permitted anywhere in the Planning
Area, provided that adequate notification is provided to the Town.
(2)
Mineral exploration which is classed as development can be permitted
in the Rural designation, provided that adequate provision is made
controlling impacts on existing or future urban and conservation areas
and provided that all necessary approvals are obtained.
a)
Buffering may take the form of a separation between such
mineral exploration and areas set aside for urban purposes
within which higher impact mineral exploration is either
prohibited outright. or is treated as a discretionary use.
b)
Higher impact mineral exploration shall be subject to conditions
that control noise, appearance, duration of the drilling or
excavating program and the control of other impacts that may
arise. The precise nature of these controls will depend upon
the location of the mineral exploration in respect to built-up
areas.
c)
Where there is soil disturbance, the developer shall provide a
site restoration surety and/or other satisfactory guarantees of
site landscaping to the Town.
5.1.10
Mineral Workings
The Town may provide for mineral workings in areas where there is a known
resource and where there is less likely to be conflict between mineral
workings and other uses. Such mineral workings can be accommodated in
the rural portions of the Planning Area, subject to controls that will minimize
environmental damage, protect the amenities of nearby areas, foster
restitution of sites and minimize land use conflict that could affect the proper
exploitation of aggregate resources.
Regulations may include establishing buffer areas around mineral workings
within which certain types of development are to be reviewed by the
Department of Natural Resources, Mineral Lands Division, before approvals
are given by the Town.
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Sunnyside Municipal Plan 2006 - 2016 Amendment No. 1, 2010
The Town may distinguish between classes of mineral workings, and
regulate the removal of fill materials which occurs as part of a development
and landscaping.
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5.1.11
NALCOR Corridor
The NALCOR corridor overlay on the Future Land Use Maps is established
at the request of NALCOR Energy to protect a corridor for the possible
development of a high voltage transmission line designed to bring power
from the Lower Churchill Project. Before a permit is issued by the Town, the
Town shall consult with NALCOR. However, due to the manner in which the
corridor overlaps built-up areas, the Town and NALCOR Energy may agree
to waive referrals for individual developments where such development:
a)
lies within an existing built-up area and therefore constitutes infill;
and/or
b)
is part of a subdivision or larger development which has already been
approved by NALCOR Energy and the Town.
5.1.12
Site Development
Before approving a development, the Town shall consider the adequacy of
site grading, drainage and landscaping and the potential of the development
to cause erosion onto and pollution of adjacent development and lands and
bodies of water receiving run-off from the site, and other similar matters.
The Town shall ensure that the proposal is not inappropriate by reason of:
a)
precipitating or contributing to a pollution problem in the area; or
b)
causing erosion and/or sedimentation.
5.1.13
Solid Waste Disposal Buffer
Any development within 1.6 kilometres of the centre of Sunnyside Waste
Management Site as shown on the Future Land Use maps must be referred
to the Department of Environment and Conservation for approval before a
permit is issued by the Town.
5.1.14
Trails
The Centre Hill Trail and a portion of the old Cabot Highway are protected
by a 200 metre wide buffer - 100 metres in each direction from the centre of
the trail - within which no development is allowed to occur until the Town has
determined that the use and appearance of the trail is not negatively
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Sunnyside Municipal Plan 2006 - 2016 Amendment No. 1. 2010
affected. The buffer along the Old Cabot Highway is designated on Future
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Land Use Map 2 as Environmental Protection. The Centre Hill Trail is not
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shown.
Other trails deemed significant by the Town shall be protected by a suitable
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buffer.
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5.1.15
Trans Canada Highway
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The Town and Municipal Planning Area boundaries run along the right of
way of the Trans Canada Highway (Highway 1). A new interchange is
proposed (Future Land Use Map 2) which crosses over into the Town and
Planning Area. This interchange is protected from development by the Trans
Canada Highway designation.
Development within 100 metres of the centre-line of the Trans Canada
Highway, Highway 1) is subject to review by the Government Service Centre
of the Department of Government Services before a permit is issued by the
Town.
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5.1.16
Waterways - Buffers
(1)
A protective buffer of undisturbed soil and vegetation shall be
preserved along the shoreline of all waterways. The buffer shall be
sufficient to prevent erosion, retain natural drainage features, prevent
siltation, preserve public access and protect fish habitat.
(2)
Subject to the appropriate approvals and reviews, only trails and
accessory uses, and uses requiring direct access to a body of water
may be permitted in these buffer areas.
(3)
The matter of adequate and usable legal public access to the
waterway may be used as a consideration in the review of an
application for a structure within a buffer and/or waterway.
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(4)
Any activity that has the potential to affect fish habitat shall be
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forwarded to Fisheries and Oceans Canada for review.
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5.1.17
Wind Mills, Wind Turbines and Wind Farms - Utility
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Utilities, which include wind mill, wind turbines, wind farms, together with
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access roads and associated facilities, are subject to the approval of relevant
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provincial and federal departments and agencies and public utilities.
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The design and location of such utilities shall take into consideration their
impact on nearby land uses and persons, the environment and
archaeological resources within the Town, along with other matters that the
Town may deem to be significant.
Utilities within the built-up areas are limited to single wind mills or wind
turbines designed and sized to serve particular properties.
To prevent damage to persons and properties due to the failure of windmill
or any of its components or the shedding of ice, the Town shall ensure that
there is adequate separation distance between the windmill and nearby
structures and properties.
The design, construction and location of a windmill shall be certified by a
competent professional who has consulted with the required agencies.
5.2
Town Designation
The Town Designation is designed to sustain and develop the existing
character of Sunnyside along Bull Arm. This designation allows the Town to
zone for an array of residential, assembly, mercantile, service, non-
hazardous industrial, institutional and recreational uses as permitted or
discretionary uses, in addition to other uses that may be compatible with the
primarily residential character of the Town.
The Town will carefully regulate non-residential uses to ensure that they are
located and designed in such a way to as to be compatible with the
residential uses of the area.
5.3
Solid Waste Disposal Designation
The Solid Waste Disposal Designation is designed to allow solid waste
disposal along with scrapyards, industrial general, light industrial and
hazardous industrial uses along with other compatible uses, including
transportation uses.
Because of issues associated with the former incinerator and the proximity
of water bodies and other environmental concerns, development in this
designation is subject to the approval of the Department of Environment and
Conservation.
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5.4
Rural Designation
The Rural Designation allows rural uses and uses appropriate to a location
in a rural area, including agriculture, campground, cemetery, forestry,
marina, mineral exploration, recreational open space, seasonal residential
and transportation. Mineral working, seasonal residential and solid waste
disposal are discretionary uses.
Solid Waste Disposal discretionary use in the Rural designation is limited to
the expansion of the Sunnyside Solid Waste Management Site.
Any requests for development in the Rural designation shall be reviewed by
the Departments of Government Services and Natural Resources. Other
agencies shall be consulted as appropriate.
5.5
Trans Canada Highway Designation
The only use allowed in this designation is conservation. All development in
this designation is subject to the approval of the Department of
Transportation and Works.
5.6
Protected Water Supply Designation
Development within the Protected Water Supply designation is subject to the
approval of the Department of Environment and Conservation.
5.7
Environmental Protection Designation
The Environmental Protection Designation is applied to well-defined areas
along or around selected waterways and wetlands and undeveloped coastal
areas. It is also applied to a portion of the Old Cabot Highway.
The intent is only to allow those uses which are entirely compatible with the
conservation of environmentally sensitive areas. Only conservation uses are
permitted uses in this designation. However, subject to the appropriate
approvals and reviews, trails and accessory uses, and uses requiring direct
access to a body of water may be permitted in this designation.
5.8
Public Utility Designation
The Public Utility Designation is applied to the major Newfoundland Power
transmission line corridor and substation. Along with the continued operation
of the Sunnyside Solid Waste Management Site, only antenna, conservation
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and recreational open space and trails can be permitted -- subject to the
approval of Newfoundland Power and NALCOR.
5.9
Trans Canada Highway Protected Road Zoning Plan
Development within 100 metres of the centre-line of the Trans Canada
Highway, Highway 1) is subject to review by the Government Service Centre
of the Department of Government Services before a permit is issued by the
Town.
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