Terra Nova, Newfoundland and Labrador
· adopted 2020-05-21
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Town of Terra Nova
Municipal Plan 2019-2029
Prepared for
Prepared by
The Town of Terra Nova
Baird Planning Associates
August 2020
Urban and Rural Planning Act 2000
Resolution to Approve
Town of Terra Nova Municipal Plan
2019 - 2029
Under the authority of Section 16, Section 17, and Section 18 of the Urban and Rural
Planning Act 2000, the Town Council of Terra Nova
(a)
Adopted by the Terra Nova Municipal Plan on the 21 st day of May 2020.
(b)
Gave notice of the adoption of the Terra Nova Municipal Plan by advertisement posted
on the Town Hall and Eddie Eastman Hall exterior bulletin boards and at The Dep
Convenience Store on the 22nd day of May 2020, and emailed to permanent and
seasonal residents on May 25th 2020.
(c)
Set the 22nd day of June 2020 for receipt of objections and other representations for
consideration by the Public Hearing Commissioner.
Now under the authority of section 23 of the Urban and Rural Planning Act 2000, the Town
Council of Terra Nova approves the Terra Nova Municipal Plan with the following change.
-
Section 4.1, Subsection 2(2) states that residential accessory building may be permitted
at Council's discretion on lots that existed at the time the Municipal Plan came into effect.
SIGNED AND SEALED this 25th day of August 2020.
Mayor: ~
Clerk ~
-----------
~
(Council Seal)
---- -
-·-----·--· ···············- --~
Munic ip.11 Plan/A.mcndmcnt
REGISTERED
Urban and Rural Planning Act 2000
Resolution to Adopt
Town of Terra Nova Municipal Plan
2019 - 2029
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town
Council of Terra Nova adopts the Terra Nova Municipal Plan.
Jo
Adopted by the Town Council of Terra Nova on the 21st day of May 2020.
SIGNED AND SEALED this 25th day of August 2020
Mayor:
Michael Power
(Council Seal)
Clerk:
c/4---
c'Thelma Greening
Canadian Institute of Planners Certification
I certify that the attached Municipal Plan has been prepared in accordanc~ with the
·rements of the Urban and Rural Planning Act 2000.
1.-------- ~
~
Table of Contents
1.0 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 -.--.--.--.---...-..-.....--......-.......---...-----.----.....-......-.........-....-.....------..-- 2
1.5 INTERPRETATION .............--.--.----.--------.------..---.--....--...-.................------------.------..--.......................-...-- 2
2.0 GOALS AND OBJECTIVES ............................................................................................................... 4
2.1 COMMUNITY STRUCTURE AND CHARACTER -----...-.............-..-......---.--.--...----......-......-............-..-...-..---...-- 4
2 .2 ENVIRONMENT ........--.....--..--..--..-----.--..-----...-----...-.....-.................-....---.---..--.............-...........----....-.- 5
2.3 ECONOMIC GROWTH AND DEVELOPMENT .---.-...--..--.........--........-.......-....-........--.............-...--......----.....-- 5
2.4 HOUSING .-......-......--......-......-....-........-.......-.............--........-...-...-....-........--..........--.-....-......-......---- 6
2.5 TRANSPORTATION ............................................................................................................................ 7
2.6 RECREATION AND OPEN SPACE ..-....-..-.....-...............-.....--........--..------..---...--..--...-..............-...-..-........-- 7
2. 7 GOVERNANCE ..-----.---...-----.--.---..-----.--..--..-...-.......-...............-.......--..---.-.---.--..----.-..-.---...--.--.--..-....... 8
2.8 MUNICIPAL FINANCE --....----.--.---..-------...-----..---.--.-------.----......-....-..-....-....-.-.--..-----.-.-----..---.--.--.--...---- 8
3.0 COMMUNITY WIDE POLICIES ...-........--......-......--.....--........-...--..-...--........-....-.-.--...---..---..-.-----...-... 9
3.1 POLICY FRAMEWORK --...-----.--.---..--------..--.--.----.--.------...-........-....-...-..---.-.------..----.--.-----..---.-----.--....... 9
3 .2 GENERAL LAND USE POLICIES ------..---.---.-.--..-.----....----.---.-.............-......--.....-----..--...--.-----..---.-------....... 10
1.
GENERAL LAYOUT OF THE TOWN ............................................................................................................... 10
2.
COMPATIBILITY OF USES ..-..-.-..-.. ; ............................................................................................................. 10
3.
NON-CONFORMING USES -............................--...--..-.....-.........-..-.-.........................-..-.-......................-...-.-- 10
4.
LAND DEVELOPMENT AND SUBDIVISIONS .................................................................................................... 11
5.
CONSOLIDATION AND INFILL IN AREAS OF EXISTING DEVELOPMENT ................................................................. 13
6.
PUBLIC STREETS AND INFRASTRUCTURE ....................................................................................................... 13
7.
FRONTAGE ON PUBLIC STREETS ................................................................................................................. 13
8.
PUBLIC ACCESS TO WATERCOURSES ........................................................................................................... 14
9.
HERITAGE AND ARCHAEOLOGICAL RESOURCES ............................................................................................. 14
10. DISCRETIONARY USES .............................................................................................................................. 14
11. M INERAL EXPLORATION ........................................................................................................................... 15
12. MINERAL WORKING ................................................................................................................................ 15
13. FOREST RESOURCES AND TREES ................................................................................................................. 16
14. UTILITIES ....-....................-....-..-...............................--....--...-..............-....-..............--.......-.-..---....-..-....... 16
15. TRAILS ................................................................................................................................................... 17
3.3
GENERAL ENVIRONMENTAL POLICIES .-..--................-...-----...----..........-----..------..--.........--.----.------....-..... 17
1.
GENERAL ENVIRONMENT .......................................................................................................................... 17
2.
SOILS AND DRAINAGE ............................................................................................................................... 18
3.
WATERCOURSE AND WETLAND PROTECTION ............................................................................................... 18
4.
UNSTABLE GEOLOGY AND SOILS ................................................................................................................. 19
5.
WATERFRONT LANDS ............................................................................................................................... 19
6.
FLOOD RISK AREAS ........................................................ ..................-.............-..........-...............-.............. 19
7.
STEEP SLOPES ......................-.................................................................................................................. 20
8.
STORM DRAINAGE ..-......................-.................-..................................-.........-.................. ........................ 20
9.
CLEARING, EXCAVATION, AND FILLING-IN OF DEVELOPMENT SITES ............................-....-................................. 21
4 .
LAND USE DESIGNATIONS ............................................................................................................ 22
4 .1
ENVIRONMENTAL PROTECTION ......................................................................................................... 22
1.
GENERAL INTENT····································································································································· 22
2.
LAND USES .......................................................................................-.....................-............................... 22
4.2
RESIDENTIAL ................................................................................................................................. 23
1 .
GENERAL INTENT ....................-....-.........................-....-....-.................-..................................................... 23
2.
LAND USES ........---.................................................................................................................................. 23
3.
COUNCIL CONTROL OF LAND DEVELOPMENT ...................-......................-..................................................... 24
4.
HOME OCCUPATIONS -.-.--...-.......-.-..-....-..-.-..-....-....-.-..-....-....-.......-....-....-..---..-....-...---...........---...-........... 24
5.
LIVESTOCK AND POULTRY FARMING ............................................................................................................ 24
4.3
SEASONAL RESIDENTIAL ................................................................................................................... 25
1.
GENERAL INTENT····································································································································· 25
2.
LAND USES .............-....-.................-....-.......-....-..................................................-........--.......-.........-....... 25
4.4
MIXED USE ................................................................................................................................... 26
1.
GENERAL INTENT ................................................................-.-..-....-..-.........-.-.......-....-.............................. 26
2.
LAND USES ...--..-....-...-.-..-.-..--...-........................................-.........-............-.-..-....-....-...--.......--...-...--....... 26
3.
COMPATIBILITY OF USES --.-..-.--..--....-.......-.......................................................-....-........--.......--..--...--......- 27
4.
GUIDELINES ..-...-....-...-.-..-....--..---...-....--.-....-.........................................................................--..---..--....-.- 28
5.
LIVESTOCK AND POULTRY FARMING ............................................................................................................ 28
6.
USE OF DISCRETIONARY AUTHORITY ........................................................................................................... 28
4.5
OPEN SPACE ................................................................................................................................. 29
1.
GENERAL INTENT ..........-...........-.-.......................................--...-.......-....-....-.......-...--.-..-..................--....... 29
2.
LAND USES ..---..-...-.........-.........................................................................-.........-..-.-..-.........-...--...--...-..- 29
3.
TRAIL SYSTEM ......................................................................................................................................... 29
4 .6
MUNICIPAL PARK ........................................................................................................................... 29
1.
GENERAL INTENT ...-.----..---...-..--...--....-.......-...-....--...-..---.........-..-....-..-.-............-......-..-........................... 30
2.
LAND USES························ ····································--·············································································· 30
3.
DEVELOPMENT CRITERIA ...............-.....-..............................................................--.............-..-....-....-...--.... 30
4 .7
AGRICULTURE ............................................................................................................................... 30
1.
GENERAL INTENT .............................---..--......--.-.--....--.--....--...--....-.--..---...-....--.......................................-. 30
2 .
LAND USES ......................................-.......-....-...--...--..-.....-....-..--....-.--.-..--...--..-...---...--...-...-...-....---..-....-. 30
3.
SEPARATION OF NON-FARM DEVELOPMENTS AND LIVESTOCK OPERATIONS -...--...--........--.-.--..---..-..--....-....-....-. 31
4. 7
RURAL ......................................................................................................................................... 31
1.
GENERAL INTENT ..................................................................................................................................... 31
2.
LAND USES ....................................................................................................-.......-.-...-........-..............-.- 32
3.
ENVIRONMENTALLY SENSITIVE AND SCENIC AREAS .-..-.........-....-....-..-....-....-...--...--..-.-..-.-.--....--.-.-..---.-.--..--... 32
4.
MINERAL WORKING ................................................................................................................................. 32
5.
FOREST MANAGEMENT ............................................................................................................................ 33
4.8
FUTURE DEVELOPMENT AREA ........................................................................................................... 34
1.
GENERAL INTENT -.-........--...--................................................................................................................... 34
2 .
LAND USES ..........................................-........-...--..---..-...--.........-.................-...-...-.-.-....--....-...-................ 34
5.0
IMPLEMENTATION ..................................................................................................................... 35
5.1
A DMINISTRATION OF THE PLAN . ........................................................................................................ 35
1.
MAP INTERPRETATION ............................................................................................................................. 35
2 .
DEVELOPMENT APPLICATIONS ................................................................................................................... 36
3.
SUBDIVISION PROPOSALS AND AGREEMENTS ................................................................................................ 36
4 .
NON-CONFORMING USES ......................................................................................................................... 37
5.2
PUBLIC PARTICIPATION ................................................... ................................................................ 38
5.3
DEVELOPMENT REGULATIONS ........................................................................................................... 39
1.
COUNCIL RESPONSIBILl1Y .......................................................................................................................... 39
2.
CONTENT ............................................................................................................................................... 39
5.4
D EVELOPM ENT CONTROL. ................. ................................ ............................................................... 40
1.
MUNICIPAL PLAN IS BINDING .................................................................................................................... 40
2.
COUNCIL RESPONSIBILl1Y .......................................................................................................................... 40
3.
SUBDIVISION AND DEVELOPMENT APPLICATIONS .......................................................................................... 40
4.
RIGHT TO APPEAL .................................................................................................................................... 40
5.
PROVINCIAL AND FEDERAL REFERRALS ......................................................................................................... 40
5.5
AMENDING THE MUNICIPAL PLAN AND D EVELOPMENT REGULATIONS ....................................................... 41
1.
MUNICIPAL PLAN AMENDMENT ................................................................................................................. 41
2.
STAND-ALONE AMENDMENT TO THE DEVELOPMENT REGULATIONS ................................................................. 41
Terra Nova Municipal Plan, 2019-2029
Page 1
1.0
INTRODUCTION
1. 1
Purpose of the Municipal Plan
The Terra Nova Municipal Plan was prepared to provide the Town Council with a
comprehensive policy document to manage of growth within the municipal planning
area over the ten-year planning period 2011-2021 . 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 the future growth and physical improvement of the Town and Planning
Area by identifying locations and guidelines for various types of land use development.
The Municipal Plan provides the basis for the Land Use, Zoning, Subdivision and
Advertisement Regulations (generally referred to as the Development Regulations),
which Council will administer through development and subdivision permits and
approvals. The Municipal Plan authorizes Council to prevent the undertaking of 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.
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Terra Nova Municipal Plan, 2019-2029
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1.4
Municipal Plan Administration
After Ministerial approval of the Terra Nova Municipal Plan was published in the
Newfoundland and Labrador Gazette, the Plan became binding upon Council and all
other persons, corporations and organizations. Council administers the Municipal Plan
by carrying out the Plan's policies. This is done in several ways:
-
By preparing and implementing the Development Regulations,
-
By issuing development permits to applicants wishing to subdivide land, erect a
building, or change the use of a building or land, or conversely refusing to issue
permits for developments that are not in accordance with the Plan,
-
By undertaking the capital works and development schemes outlined in the Plan
as financial resources become available, and
-
By adopting or approving development schemes, concept plans, comprehensive
plans, and so forth.
In accordance with Section 25 of the Act, Council may make amendments to this Plan
and Development Regulations at any time. Amendments will be brought into effect by
the same process as described above for bringing the Municipal Plan into effect.
Sections 14 to 25 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 Terra Nova.
-
"Development Regulations" mean the Terra Nova Land Use Zoning,
Subdivision, and Advertisement Regulations.
-
"Municipal Planning Area" means the Terra Nova Municipal Planning Area.
-
"Town" means the Town of Terra Nova.
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.
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Terra Nova Municipal Plan, 2019-2029
Page3
Nothing in the Plan will affect the continuance of land uses that were lawfully
established on the date that this Plan came into effect.
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2.0
GOALS AND OBJECTIVES
This section outlines the Town's planning goals and objectives for the 2011-2021
period. A goal is a desired state which reflects the long-term intent of Council and
relates to a major area of interest or concern.
An objective is a short-range step
towards achieving the goal. In this context, an objective is a desired outcome or output
that is preferred by Council in less than 10-years.
2. 1
Community Structure and Character
Goals:
Ensure that Terra Nova's desirable residential environment is supported by
good quality, properly located development.
Encourage a growth structure for Terra Nova that will ensure orderly
development, economic use of 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 maintenance of roads and provision of services.
Maintain the physical and aesthetic character of Terra Nova 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, shorelines, steep slopes, visually
significant features, and wildlife habitat.
Facilitate the development of appropriately located and scaled commercial
uses.
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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.
2.2
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, estuaries, wetlands, riparian
areas, floodplains, shorelines, steep slopes, wildlife habitat, and scenic
resources.
Protect on-site drinking water supplies from development that might reduce
the quality and/or quantity of water available for residential and other built-
up land uses.
Prevent development that would unduly affect water bodies, shorelines,
wetlands, and flood risk areas.
2.3
Economic Growth and Development
Goal:
Encourage economic development that will foster local employment
opportunities, maintain 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, agricultural, and
tourism opportunities in suitable locations.
Ensure that economic development is compatible with neighbouring land
uses.
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Promote Terra Nova as an attractive place to live, drawing upon its
services, facilities, other amenities, and bountiful outdoor recreational
opportunities.
Retain and expand agriculture as an important sector
in
economy.
the
local
Support activities that enhance tourism such as the preservation and
development of trails, waterfront areas, and outdoor recreation sites.
Promote the attractiveness of the town as a place to live, drawing upon its
scenic character, 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.
2.4
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, riparian areas, and shared open space.
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Encourage housing development in appropriate locations through infilling
along existing roads and, if necessary, development of new streets and
street extensions.
Promote a pattern of development that reduces land use conflict between
residential development and other land uses.
2.5
Transportation
Goal:
Provide an efficient transportation network to serve motorized and non-
motorized transportation needs of Terra Nova.
Objectives: Provide safe and efficient access to all residential developments,
commercial establishments, and recreational areas.
Require development plans for new streets to demonstrate to Council's
satisfaction that the development will be linked appropriately with the
surrounding area.
Encourage and facilitate the development of trails for motorized and non-
motorized recreational transportation options.
2. 6
Recreation and Open Space
Goals:
Develop and maintain natural areas to accommodate a range of active and
passive recreational needs of Terra Nova residents.
Objectives: Encourage public participation in the planning of open space recreation and
conservation lands.
Protect important outdoor recreational facilities, particularly Terra Nova's
network of trails, from encroaching development.
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Encourage
and
facilitate
the
development
and
maintenance
of
hiking/bicycling trails.
2. 7
Governance
Goal:
Provide municipal administration and services effectively, efficiently,
equitably, and within the fiscal capacity of the Town.
Objectives:
Encourage strong public interest and participation in municipal governing
processes, including Council elections, committee activities, and public
participation in decision-making.
Deliver municipal administration and services effectively, efficiently,
openly, and within the 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.
2.8
Municipal Finance
Goal:
Manage municipal expenditures and revenues so as to provide municipal
Objectives:
services within a framework of long-term financial stability.
Manage municipal expenditures and debt burden in a prudent manner and
according to the Town's ability to pay.
Encourage an enlarged economic base in the Town in order to generate
more commercial revenues.
Ensure that growth-related capital costs for new developments do not
place an undue burden on residents' ability to pay.
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3.0
COMMUNITY WIDE POLICIES
3. 1
Policy Framework
The overriding thrust of the Municipal Plan is to ensure a vibrant and sustainable
community and to maintain the town's attractive character based on a mix of built-up
land uses and a healthy attractive natural environment. This is important in order to
provide continuity with the past, achieve the Town's development goals, maintain a
distinct identity, and contribute to the community's environmental, economic, social,
cultural, and governance sustainability.
To accomplish the overall intent of the Plan, the following policy initiatives are put
forward:
i)
Terra Nova is recognized as having a traditional character that should be
preserved.
ii)
Areas that can be developed and serviced at the most reasonable long-term
costs to the Town and are relatively close to existing streets will be given priority
for municipal growth and expansion. Development will be restricted in areas that
would involve above-normal costs for municipal services and maintenance of
i nfrastru ctu re.
iii)
Prominent features that help to preserve community character, such as heights
of land, viewpoints, waterfront open space, and views 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
watercourses, wetlands, and steep slopes, and historic areas and buildings.
v)
Streets and infrastructure will be designed to achieve high standards with respect
to safety, traffic and pedestrian mobility, appearance, and ease of maintenance.
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vi)
Capital works will be undertaken in an efficient, financially prudent, and
environmentally responsible manner.
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 and environmentally sustainable manner.
3.2
General Land Use Policies
The policies outlined in this section apply generally to all areas of the Town.
1.
General Layout of the Town
(1)
Council will encourage the consolidation of development in areas that are
economical to connect to existing roads.
(2)
Council will limit development in areas where it would be less economical
to maintain municipal streets and provide municipal services such as
lighting and garbage collection.
(3)
Council may refuse approval of a development in a location that it
considers to be uneconomic for infrastructure maintenance or the
provision of municipal services.
2.
Compatibility of Uses
Council will ensure that new developments will not negatively affect existing or
proposed land uses by creating a hazard or nuisance such as noise, dust, odour,
congestion, or unsightly appearance. The Town may require a developer to
provide appropriate screening and to undertake other measures to minimize
negative effects.
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 its conformity to the Plan or Development Regulations.
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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 grades, soils, geology, location of
watercourses and wetlands, and overall environmental sensitivity. When
considering approval Council will ensure that the development will have
minimal negative effects on water resources and surrounding properties.
(2)
Professional Review
If in Council's opinion a proposed development could result in undesirable
environmental effects or could create problems for the development or
nearby properties, Council can require an assessment of the proposed
development by a certified engineer, planner, landscape architect, or
similar professional.
Among other matters, the review shall evaluate the adequacy of the
proposed site grading, drainage, stormwater control, and landscaping, as
well as the potential of the development to negatively affect nearby
properties and bodies of water due to storm drainage, erosion, or
pollution.
(3)
Land Needed for Environmental Protection
When approving a subdivision or other development, Council can require
portions of the site to be set aside from development or the clearing of
vegetation in order to reduce or control stormwater drainage, erosion,
sedimentation of watercourses, 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
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Page 12
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 can require developers
of land to provide land to the Town for open space or other public use
equal 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 and Access
Council will ensure that a new development will make efficient use of
existing
streets and
will
not create
unreasonable
infrastructure
maintenance and servicing costs for the Town.
(6)
Public Input
Council may seek input from nearby residents and landowners when
reviewing development proposals.
(7)
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 it is unsuitable for
the location, will be prohibitively expensive for the Town to service
or maintain, or will create environmental or other problems that
cannot be sufficiently corrected or mitigated.
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(8)
Subdivision Agreement
Council may require an applicant to enter into a subdivision agreement
with the Town as a condition of approval.
5.
Consolidation and Infill in Areas of Existing Development
(1)
Council will encourage intensification of development in areas that are on
or close to existing roads. This can occur through infilling along existing
roads and the development of adjoining new streets and street extensions.
(2)
Site plans for infill development and land use intensification must meet the
approval of Council. Developments must be compatible with the existing
neighbourhood character and in accordance with Council's objectives and
development standards with respect to lot size, frontages, road widening,
alignments, installation of municipal services, environmental protection,
retention of open space, and matters concerning current or future public
works.
6.
Public Streets and Infrastructure
(1)
Public streets and infrastructure are generally permitted in all areas except
the Environmental Protection designation subject to conditions to mitigate
environmental impacts.
(2)
Within the Environmental Protection designation, public streets and
infrastructure may be permitted if no alternative route is feasible subject to
conditions to minimize or mitigate environmental impacts.
7.
Frontage on Public Streets
No building shall be erected on a lot that does not front onto a public street
unless the subject lot is in a location that is exempted from this requirement in the
Development Regulations.
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8.
Public Access to Watercourses
(1)
Council will ensure that sufficient and appropriate public access is
maintained to lakes, ponds, rivers, and streams provided that such access
does not unreasonably impinge on the use and enjoyment of adjacent
private lands.
9.
Heritage and Archaeological Resources
(1)
Council will encourage the preservation of individual sites and buildings
that have heritage significance.
(2)
Council ~ill cooperate with landowners to identify new or enhanced uses
for older buildings and make owners aware of public programs aimed at
preserving built-heritage.
(3)
Archaeological sites are protected under the Historic Resources Act,
1985.
Proposed development near known existing sites will not be
permitted until such time as the Provincial Archaeology Office has been
notified and provided comments. If a new site is discovered, development
will stop and the Provincial Archaeology Office will be notified and
consulted on how the development should best proceed.
10.
Discretionary Uses
(1)
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 within the zone,
(b)
Council determines that the use could negatively affect the
predominant uses of the zone and in order to mitigate this impact it
would be desirable to consult with the public prior to issuing, issuing
subject to conditions, or refusing a permit, or
(c)
it is necessary to attach conditions to an approval that differ from
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the standard conditions under the Development Regulations to
ensure that the use is developed in a way that is compatible with
nearby uses and the predominant uses of the zone.
11.
Mineral Exploration
(1)
Subject to other provisions of this Municipal Plan, mineral exploration that
is not classed as a development by virtue of drilling, appreciable ground
disturbance, construction of access roads, noise, odour and appearance
may be permitted anywhere in the Planning Area, provided that adequate
notification is provided to the Town.
(2)
Mineral exploration that is classed as a development may be permitted in
the Open Space, Agriculture and Rural designations provided that
adequate provision is made for site reinstatement, landscaping, buffering
or other mitigations of impacts in existing or future residential, commercial,
industrial, institutional and recreational areas.
(3)
Mineral exploration will not be permitted unless all necessary Provincial
approvals have been obtained.
12.
Mineral Working
(1)
Mineral working operations will be permitted in appropriate areas subject
to necessary terms and conditions to minimize impacts on surrounding
land uses, particularly in or near built-up areas.
(2)
To the satisfaction of Council, mineral working operations will make
provision for site reinstatement, landscaping, buffering, or other necessary
measures to reduce environmental and aesthetic impacts.
(2)
Mineral working operations will take measures to ensure water resources
and other sensitive resources will not be negatively affected by extraction
activities.
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13.
Forest Resources and Trees
(1)
Forests will be preserved and protected for the production of forest-based
products as well as the realization of important non-timber values such as
fish and wildlife habitat, water quantity and quality, biodiversity, scenery,
and outdoor recreation and tourism.
(2)
Harvesting of forests and trees will respect the Town's objectives for
environmental protection, preservation of scenery, outdoor recreation,
stormwater control, and drinking water protection.
(3)
In order to preserve a site's natural characteristics and attractiveness for
development, Council can restrict, or set conditions on, tree removal in
areas planned for future residential development.
14.
Utilities
(1)
Utility Easements and Facilities
Municipal and public utility works such as telephone and power
transmission lines, communication towers, stormwater drains, energy
generation facilities, and pollution control can be permitted in all land use
designations subject to conditions set by Council.
(2)
Alternative Energy Facilities
Wind, small hydro, and solar energy generation facilities may be permitted
in any land use designation subject to conditions set by Council, including
the following:
(a)
The location and design of such utilities shall take into
consideration potential impacts on nearby land uses, persons, and
the natural environment.
(b)
To provide for adequate safety and comfort of persons and
properties, Council will ensure that there is an adequate separation
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15.
Trails
dist_ance between any type of wind generator and nearby buildings
and structures.
(c)
Energy utilities are subject to required approvals by relevant
provincial and federal departments.
(d)
Unless specifically exempted by the relevant agencies, the design,
construction and location of a utility shall be certified by a
professional engineer who has consulted with the required
agencies.
(1)
Council will preserve and protect important trails and walkways to ensure
they continue to play an important role in meeting the transportation,
recreation, health, and sustainability needs of the town.
(2)
Council may establish terms and conditions for any proposed development
to be located within the vicinity of an existing or proposed trail to ensure
the development will not negatively affect public use and enjoyment of the
trail.
3.3
General Environmental Policies
Conservation values are intrinsic to this Municipal Plan. High priority is given to
protecting sensitive areas from water contamination, stormwater impacts, soil erosion,
watercourse scouring and sedimentation, and loss and fragmentation of habitat. All
land use decisions will duly consider environmental sustainability and biodiversity
objectives.
1.
General Environment
(1)
Protection of Sensitive Areas
Land and natural resources that are environmentally sensitive, including
watercourses, riparian areas, water supply areas, wetlands, steep slopes,
wet or unstable soils, and important habitat will be protected from the
potentially damaging effects of development.
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(2)
Consideration of Environmental Impacts
Potential environmental effects will be considered when reviewing
development applications. At its discretion, or in accordance with other
statutory requirements, Council may refer development proposals to the
Provincial or Federal departments such as Municipal Affairs and
Environment, Government Services, and Fisheries and Oceans Canada
for advice and/or regulatory approval.
2.
Soils and Drainage
(1)
Development shall be permitted only on lands with soil and drainage
conditions that in the opinion of Council are suitable for the proposed
uses.
3.
Watercourse and Wetland Protection
(1)
Development in the vicinity of watercourses and wetlands will be carried
out in a manner that minimizes the potential for environmental impacts,
protects natural drainage, and preserves existing public access to the
water.
(2)
Conservation buffers will be established to protect watercourses and
riparian areas from stormwater discharges, erosion, sedimentation,
pollution, and other adverse effects of development.
(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,
Council may, at its discretion:
(a)
require the developer to have the wetland delineated by a qualified
consultant,
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(b)
establish a sufficient buffer from the edge of the wetland, in which
development will not be permitted,
(c)
require such other conditions or restrictions as may be necessary to
protect the wetland, and/or
(d)
refuse to approve the development if it believes that identified
impacts cannot be sufficiently minimized or mitigated.
4.
Unstable Geology and Soils
(1)
Development in areas that are environmentally sensitive or hazardous for
development due to wet or unstable soils, or unstable geological
conditions, may be restricted or subjected to terms and conditions to
reduce potential impacts.
5.
Waterfront Lands
(1)
Development in the vicinity of freshwater shorelines shall be carried out in
a manner that minimizes the potential for environmental impacts, protects
riparian features, and preserves existing public accesses to the shore.
(2)
Conservation buffers and other measures will be used to protect river
banks, beaches, and other sensitive shoreline features from the impacts of
development.
6.
Flood Risk Areas
(1)
Conservation buffers and development restrictions will be used to protect
persons, properties, and ecologically important sites in areas of high and
medium flood risk.
(2)
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.
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7.
Steep Slopes
(1)
Sensitive steep slopes will be subject to development restrictions or other
conservation measures designed to minimize environmental impacts and
hazards to properties resulting from development.
8.
Storm Drainage
(1)
Development will not be undertaken in a manner that causes excessive
increases in stormwater runoff that could be detrimental to adjacent
properties, steep or unstable slopes, nearby 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
significant stormwater impacts, for example, excessive run-off onto
adjacent properties, flooding, soil erosion, and siltation or scouring of
streams.
(3)
In areas where there is concern that development may contribute to
stormwater increases, Council may require developers and landowners to:
(a)
Set aside open space areas where stormwater can be discharged
to naturally infiltrate into the soil.
(b)
Maintain vegetated buffers between stormwater drainage outlets
and watercourses to minimize direct discharges into watercourses.
(c)
Preserve existing trees or plant additional trees and shrubs to
promote soil infiltration and capture sediments.
(d)
Reduce pavement and other impervious surfaces irrespective of
standards set out in the Development Regulations for parking,
sidewalks, pavement width, and other developments.
(e)
Channel runoff to gardens and low-lying areas on the development
site and on individual lots.
(f)
Capture roof drainage in rain barrels.
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(g)
Take advantage of the topography to reduce storm drainage, for
example, retain natural depressions in the landscape to accumulate
runoff and promote soil infiltration.
(h)
Re-establish vegetative cover as rapidly as possible on gravel
surfaces, banks, drainage ditches, and other areas disturbed by
construction activity.
9.
Clearing, Excavation, and Filling-in of Development Sites
In order to assist the Town's objectives for environmentally sustainable and
attractive development,
(a)
The clearing, excavation, and filling-in of land to prepare a property for
development will be limited to an extent that is environmentally and
aesthetically acceptable and no more than necessary to suitably develop
the property as determined by the Town.
(b)
An approval in principle or a permit to develop will not be granted when in
the Town's opinion the proposed clearing, excavation, or filling-in of land
will result in unacceptable stormwater, environmental, or aesthetic
impacts, or will be more than is necessary to suitably develop the site.
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4.
Land Use Designations
Land use designations are set out on the Future Land Use maps.
4. 1
Environmental Protection
1.
General Intent
(1)
In the Environmental Protection designation, highest priority is given to the
protection of sensitive and scenic areas.
(2)
The Environmental Protection designation will protect environmentally
sensitive areas, including, but not limited to, lakes, rivers, streams,
estuaries, riparian areas, wetlands, steep slopes, and flood risk areas.
2.
Land Uses
(1)
Conservation uses, including buildings and structures associated with
conservation, will be permitted.
Open space uses such as walking trails, picnic areas, and boardwalks will
be permitted, subject to conditions to minimize impacts on sensitive land
and water resources. Before approving such developments, it must be
clearly demonstrated to Council that adverse effects on the site or
adjacent waterways will be minimal.
(2)
At its discretion, Council may permit certain infrastructure developments,
for example, street crossings of streams and stormwater drainage ditches,
as long as alternative locations are not feasible and Council considers the
proposed development to be in the public interest. Council will consult with
the Department of Municipal Affairs and Environment, Fisheries and
Oceans Canada, and other relevant agencies before approving any such
development.
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Single dwellings and residential accessory buildings may be permitted at
Council's discretion on lots that existed at the time this Municipal Plan
came into effect, but not on lots that were created subsequent to the Plan
coming into effect.
Docks and energy generation facilities may be permitted at Council's
discretion. Permission to develop these uses will be subject to conditions
set by Council.
(3)
The filling-in of land and water will not be permitted unless it is for flood
protection or redirection of flood waters, and is a public work that has been
approved by the Water Resources Division of the Department of Municipal
Affairs and Environment.
4.2
Residential
1.
General Intent
(1)
Areas are designated Residential in order to accommodate new housing
needs and preserve the amenity of existing residential areas.
(2)
Residential development will 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 will be readily
accessible to existing streets.
2.
Land Uses
(1)
The predominant use of land in areas designated Residential will be
single-detached housing.
Home occupations are permitted in Residential areas in a way that
minimizes negative impacts on neighbourhoods.
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Other permitted uses include subsidiary apartments, accessory buildings,
conservation, open space, and small-scale crop agriculture.
(2)
Development that may be permitted in the Residential designation at
Council's discretion include boarding houses, bed and breakfast
operations, commercial tourist cottages, kennels, small-scale livestock
agriculture,
recreational open space, recreational facilities, indoor
assembly uses, and small-scale energy facilities.
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
the final approval of Council.
(2)
Each subdivision plan must demonstrate how the proposed development
will link with the existing street(s) and, if Council deems necessary, must
show how the development will provide access to accommodate future
development in the surrounding area.
(3)
Council will monitor each residential land development to ensure that the
development complies with the approved subdivision plan.
(4)
All costs associated with road development will be the responsibility of the
developer.
4.
Home Occupations
A home occupation may be developed within a dwelling or an accessory building
on the same lot in accordance with conditions outlined in the Development
Regulations as well as any other conditions that may be required by Council.
5.
Livestock and Poultry Farming
Small-scale livestock operatipns can be approved at Council's discretion, subject
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to limitations on the number of animals and the location of a livestock facility on
the lot.
4.3
Seasonal Residential
1.
General Intent
(1)
Areas are designated Seasonal Residential in order to allow for
recreational housing demand in a limited number of remote areas where
municipal services such as snowclearing and road maintenance will not be
available in the foreseeable future.
(2)
Except as otherwise decided by Council, the Town will not be responsible
for developing roads or other means of access in areas designated
Seasonal Residential.
2.
Land Uses
(1)
Permitted housing in areas designated Seasonal Residential will be limited
to recreational dwellings.
Residential accessory buildings, conservation, open space, and crop
agriculture are permitted and are considered to be complementary uses in
the designation.
(2)
At Council's discretion, a home occupation may be permitted within a
residential dwelling or within an accessory building on the same lot, in
accordance with conditions that may be required by Council.
(3)
Other uses that may be permitted at Council's discretion include bed and
breakfast operations, kennels, small-scale livestock operations, and small-
scale energy generation facilities.
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4.4
Mixed Use
1.
General Intent
(1)
Areas are designated Mixed Use to allow for a mix of residential,
commercial, light industrial, public, and recreational uses. Land uses and
design approaches will be promoted that preserve historic buildings and
enhance the traditional mixed use character of these 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.
Land Uses
(1)
Permitted uses in the Mixed Use designation include single dwellings,
home occupations, subsidiary apartments, accessory buildings, bed and
breakfast operations, boarding houses, conservation, open space, small-
scale crop agriculture, and offices.
(2)
Campgrounds, commercial accommodations, tourist cottages, catering
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.
Small-scale livestock uses and energy generation facilities may be
permitted subject to conditions outlined in the Development Regulations.
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Other uses that may be permitted at Council's discretion include shops,
veterinary services, indoor and outdoor markets, emergency services,
general services, personal services, places of worship, and recreational
open space.
3.
Compatibility of Uses
(1)
In evaluating development proposals in Mixed Use areas, Council will pay
particular attention to the compatibility of uses, particularly between
residential and non-residential uses.
(2)
Where an area within the Mixed Use designation is predominantly
residential in character, proposed non-residential uses will not be
approved if they are considered to be incompatible with existing residential
uses.
(3)
Before permitting any . non-residential development, Council will be
satisfied that its requirements with respect to building setbacks, buffering
between uses, off-street parking, outdoor storage, and other site related
matters can be met.
(4)
Council may impose conditions to require a commercial, light industrial or
public building use to maintain an attractive appearance and minimize
adverse impacts on existing uses, including proper site layout, buffering,
screening, and control or restriction of potentially noxious or hazardous
activities. Required screening may include fencing and/or appropriate
plantings of trees and shrubs.
(5)
Council may consult with residential neighbours of a proposed
commercial, light industrial, livestock, or public building use development
before deciding on approval or non-approval.
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4.
Guidelines
(1)
The following principles will be pursued within the Mixed Use designation:
(a)
Adaptive reuse and redevelopment of vacant and underused
properties and buildings will be encouraged to the extent that the
reuse or redevelopment is compatible with surrounding area.
(b)
The preservation and enhancement of buildings of architectural or
historic interest will be encouraged.
(c)
The traditional community form will be maintained.
(d)
The appearance, scale, siting, and use of new buildings, as well as
expansions and renovations to existing buildings, will have regard
for and not detract from the character of the surrounding area.
(e)
The restoration and reuse of dilapidated buildings, structures and
sites that contribute to the historical legacy and visual character of
the area will be encouraged.
(f)
Scenic views, public rights-of-way, natural amenities, and historic
uses will be preserved where possible.
(g)
Existing trails and small open spaces that provide access to lake
and river waterfronts will be preserved.
5.
Livestock and Poultry Farming
Small-scale livestock operations can be approved at Council's discretion, subject
to limitations on the number of animals and the location of a livestock facility on
the lot.
6.
Use of Discretionary Authority
If Council deems that a proposed development will adversely affect existing land
uses or the character or heritage of an area, it may exercise its discretionary
authority to refuse the application or set terms and conditions on the
development.
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4.5
Open Space
1.
General Intent
Land is designated Open Space to preserve important natural areas such as
woodlands, scenic hillsides, wetlands, and wildlife habitat, and provide for the
passive recreational needs of Town residents and visitors.
2.
Land Uses
(1)
Permitted uses include conservation and open space.
(2)
Development that may be permitted at Council's discretion includes
recreational open space, cemeteries, outdoor assembly, crop agriculture,
energy generation facilities, and mineral exploration.
3.
Trail System
(1)
It is the intent of Council to facilitate ongoing development and
improvement of Terra Nova's trail system to accommodate a range of
recreational activities including walking, hiking,. bicycling, cross country
skiing, snowmobiling, and ATV use.
(2)
The trail system includes the Newfoundland T'Railway where both non-
motorized and motorized recreational uses are permitted.
(3)
Council will encourage the development and expansion of its snowmobile
trails and walking/bicycling trails. As much as possible, the trail system will
incorporate shoreline buffer areas, scenic look-off points, and traditional
trails and pathways.
4.6
Municipal Park
The Municipal Park designation includes all land within the boundaries of the Town's
municipal park.
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1.
General Intent
The intent of the Municipal Park designation is primarily to preserve the natural
environment and amenities of the Town's municipal park and to ensure its
continuation as a recreational resource for residents and an important tourism
attraction.
2.
Land Uses
(1)
Within this designation, permitted uses will include conservation and open
space uses such as trails and passive recreational facilities.
(2)
Uses that may be permitted at Council's discretion include outdoor
assembly and recreational open space.
At Council's discretion, catering and take-out food services may be
permitted on a temporary basis if deemed by Council to be
complementary to a main use such as an assembly use or recreational
open space use.
3.
Development Criteria
Council shall ensure that facilities are designed and maintained to a high
standard with regard to safety, appearance, and compatibility with surrounding
land uses.
4. 7
Agriculture
1.
General Intent
(1)
It is the intent of this Municipal Plan to protect designated Agriculture
lands for existing and future agricultural use.
(2)
Development will not be permitted within the Agriculture designation
unless it is directly accessory or complementary to agriculture or will not
adversely affect the use of land for agricultural purposes.
2.
Land Uses
(1)
Crop and livestock agriculture and conservation uses will be permitted.
(2)
Farm related retail uses, light and general industrial uses, veterinary
facilities, and kennels may be permitted at Council's discretion provided it
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is clearly demonstrated that they are complementary to and will have no
adverse impact on agricultural uses or development.
Single dwellings and temporary dwellings for farm workers may be
permitted at Council's discretion provided it is demonstrated they are
necessary for the operation of a viable farm.
Other uses that may be permitted at Council's discretion include energy
generation facilities and mineral exploration.
3.
Separation of Non-Farm Developments and Livestock Operations
(1)
Council will minimize the potential for land use conflicts arising between
livestock operations and non-agricultural uses being developed in close
proximity.
(2)
The development of new livestock facilities will be subject to a minimum
distance separation from existing dwellings and the boundaries of the
Residential and Mixed Use designations.
(3)
New residential developments other than farm dwellings will be subject to
a minimum distance separation from existing livestock facilities. In
consultation with the Department of Fisheries and Land Resources,
additional restrictions may also be applied depending on the type of
livestock operation and the characteristics of the site.
4.7
Rural
1.
General Intent
(1)
Areas are designated Rural to recognize their importance for natural
resource utilization, habitat conservation, and outdoor recreation and open
space uses.
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2.
Land Uses
(1)
Permitted uses within this designation include conservation, open space,
crop and livestock agriculture, forestry, and mineral exploration.
(2)
Developments that Council may permit at its discretion include mineral
working, mining, light and general industrial uses, construction yards,
cemeteries,
kennels, recreational open space, and renewable energy
facilities such as wind turbines.
A single dwelling that is clearly accessory to an agricultural operation may
be permitted at Council's discretion. A temporary dwelling may be
permitted that is accessory to a permitted main use provided it is
necessary for the viable operation of that main use.
In special circumstances, at its discretion, Council may permit a single
dwelling on a lot that existed at the time this Municipal Plan came into
effect. This would not be considered on any lot that was created
subsequent to the Plan coming into effect.
3.
Environmentally Sensitive and Scenic Areas
(1)
Council may restrict or set conditions on land uses or resource extraction
activities that it feels may adversely affect lands that are environmentally
sensitive or are not conducive to development for aesthetic reasons.
Examples include steep or unstable slopes, geologically unstable areas,
publicly visible hillsides, wetlands, watercourses, and ravines. In these
areas, protection rather than development measures will take priority.
4.
Mineral Working
(1)
Mineral working operations will be carried out in a manner that protects
existing land uses and environmental and scenic resources. To this end,
minimum separation distances and buffering requirements will be required
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between pits and quarries and nearby uses such as residential areas,
roadways, watercourses, and recreational developments.
(2)
Proposals for new mineral working operations shall be subject to an
assessment of impacts on environmental and scenic resources and
existing nearby land 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 and
proposed residential areas, roads, and important recreational areas.
(c)
Restrict operating schedules.
(d) Establish conditions for site management, upkeep, and rehabilitation.
5.
Forest Management
(1)
Forest harvesting and management activities will be subject to the
requirements and supervision of the Department of Fisheries and Land
Resources.
(2)
Logging activities shall respect the Town's objectives for environmental
protection, scenic preservation, recreation areas, municipal watershed
protection, and maintenance of trees and aesthetic characteristics in areas
designated for future residential development.
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4.8
Future Development Area
1.
General Intent
(1)
Land is designated Future Development Area so as to reserve it for
envisioned future development and to .prevent it from becoming developed
in an alternative way that would preclude the envisioned development.
(2)
No buildings, structures, or other forms of permanent development will be
permitted on lands designated as Future Development Area,
2.
Land Uses
(1)
Permitted uses within this designation include conservation and open
space.
(2)
Uses that Council may permit at its discretion include non-commercial
crop production, forestry, mineral exploration, and certain recreational
open space uses. No permanent buildings or structures accessory to
these uses will be permitted.
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5.0
IMPLEMENTATION
The Terra Nova 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.
These are dealt with in turn in this section.
5. 1
Administration of the Plan
The Terra Nova Municipal Plan is is comprised of goals and objectives (Section 2 of this
document), land use policies (Section 3), and a program of implementation (Section 4 ).
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, the Future Land Use
Map (Maps 1 and 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 Map are general only and, except where they coincide with roads,
shorelines, or other prominent physical features, are not intended to define
exact limits. No amendment to the Terra Nova Municipal Plan shall be
required to allow minor adjustments of the land use boundaries. Other
than such minor boundary adjustments, no development shall be
permitted that does not conform to the Plan.
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2.
Development Applications
(1)
Every person or corporation wishing to develop land for any purpose
within the Terra Nova Municipal Planning Area must apply to Council for
permission through the established procedure. Council shall require that
all development applications conform fully to the Municipal Plan before
proceeding. Council may refuse or approve the application and may set
conditions on approval. The decision of Council may be appealed to the
appropriate appeal board.
(2)
Once conformity to the Municipal Plan has been established, Council shall
ensure that each development proposal is given an evaluation.
(3)
If Council suspects that a Provincial or Federal policy or statute may come
into effect, it will refer the development proposal to the relevant
government department or agency for approval or comments.
(4)
Council's final decision on an application will be based on the desire to
guide the development of the Terra Nova 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
the following:
(a)
Physical conditions and features of the site and the opportunities
for and constraints on development.
(b)
How the proposed subdivision will join with existing roads, how it
will affect existing developments, and whether it will provide for
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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.
(2)
Before subdivision developments are approved Council shall 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,
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(b)
shall not be structurally modified except as required for the safety of
the building, structure or development,
(c)
shall not be reconstructed or repaired for use in the same non-
conforming manner where 50% or more of the value of that
building, structure or development has been destroyed,
(d)
may have the existing use for that building, structure or
development varied by Council to a use that is, in Council's opinion
more compatible with this Municipal Plan and its Development
Regulations
(e)
may have the existing building extended where, in Council's
opinion, that extension is not more than 50% 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%
or more of the value of that building or structure is destroyed.
5.2
Public Participation
The Municipal Plan is an expression of the goals and aspirations of the citizens of Terra
Nova, therefore, the periodic review of the Plan provides the opportunity for public
participation and input and can be an invaluable tool for the successful implementation
of planning.
(1)
Council will take advantage of opportunities to involve the public in
decision-making processes with respect to future planning and
development of the community.
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5.3
Development Regulations
Pursuant to Section 35 of the Urban and Rural Planning Act, Council has adopted the
Terra Nova 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 Terra Nova Planning Area.
1.
Council Responsibility
(1)
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 Terra Nova Municipal
Plan.
2.
Content
(1)
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.
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5.4
Development Control
1.
Municipal Plan is Binding
(1)
The Terra Nova Municipal Plan is a legal document which is binding upon
all persons and organizations, including the Council.
2.
Council Responsibility
(1)
Council shall exercise appropriate control over development in the Terra
Nova Planning Area in accordance with the Municipal Plan and the
Development (Land Use Zoning, Subdivision, and Advertisement)
Regulations.
3.
Subdivision and Development Applications
(1)
All persons wishing to subdivide or develop land for any purpose within
the Planning Area shall apply to Council for permission on the prescribed
applications 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
(1)
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 Terra Nova Development Regulations.
5.
Provincial and Federal Referrals
(1)
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.
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5.5
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
(1)
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 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 and Environment for registration under
Section 24 of the Act.
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