Torbay, Newfoundland and Labrador
· adopted 2016-10-11
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TOWN OF TORBAY
MUNICIPAL PLAN
2015-2025
Gazetted: February 10, 2017
Consolidation Date: n/a
Amendments: To see if there were any amendments to this document
since it came into effect, please refer to:
List of Amendments
-
.-
URBAN AND RURAL PLANNING ACT
RESOLUTION TO APPROVE
TOWN OF TORBAY MUNICIPAL PLAN 2015-2025
Under the authority of section 16, section 17 and section 18 of the Urban and
Rural Planning Act 2000, the Town Council of Torbay.
a)
Adopted the Torbay Municipal Plan 2015-2025 on the 11th day of October,
2016.
b)
Gave notice of the adoption of the Town of Torbay Municipal Plan 2015-
2025 by advertisement inserted on the 15th day and the 22nd day of
October, 2016, in The Telegram newspaper.
c)
Set the 3rd day of November, 2016, at 7:00 p.m. at the Torbay Kinsmen
Centre 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 Torbay approved the Town of Torbay Municipal Plan 2015-2025 as adopted
(or as amended).
SIGNED AND SEALED thi;/- i I' day of (\,' -.I;; L,,
'2016
Mayor:
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r_·-c_c"Fb·--(~o:;,1cil Seal)
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-
Clerk:
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URBAN AND RURAL PLANNING ACT
RESOLUTION TO ADOPT
TOWN OF TORBAY MUNICIPAL PLAN 2015-2025
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the
Town Council of Torbay adopts the Torbay Municipal Plan 2015-2025.
Adopted by the Town Council of Torbay on the 11 1h day of October, 2016 .
. ' r
,
Signed and sealed this 1_/_I _
day of it'I : - '; {;.,
'2016.
Mayor:
-'-· ~(~-~---'~' ~(.~/ _/_· ~
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.....,..,11"'"~~-~" (Council Seal)
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.
Clerk:
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CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that the attached Town of Torbay Municipal Plan 2015-2025 has been
prepared in accordance with the requirements of the Urban and Rural Planning Act.
The Town of Torbay
Municipal Plan 2015-2025
1.0
2.0
3.0
TABLE OF CONTENTS
INTRODUCTION
Page
1
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
Municipal Plan Preparation .................................................................................. 1
Special Studies and Policy DocuMents ................................................................... 2
Plan Approval .......................................................................................................... 2
Plan Review and Amendment ............................................................................... 3
Plan Administration ............................................................................................. 4
Torbay Municipal Plan Review ................................................................................ 4
St. John's Urban Region Regional Plan ................................................................... 9
Interpretation .................................................................................................... 11
GOALS AND OBJECTIVES ............................................................................................... 12
2.1
Physical Structure ................................................................................................. 12
2.2
Economic Opportunities ..................................................................................... 13
2.3
Housing.................................................
. .................................................. 14
2.4
Municipal Services ........................................................................................... 15
2.5
Transportation ...................................................................................................... 15
2.6
Community and Social Services ............................................................................ 16
2.7
Environment. ........................................................................................................ 17
2.8
Municipal Finance.............
. ................................................................. 18
2.9
Recreation and Tourism ........................................................................................ 18
2.10
Agricuiture ............................................................................................................ 19
2.11
Heritage Preservation .......................................................................................... 20
THE LAND USE PLAN ..................................................................................................... 21
3.1
General Land Use Policies...
.. 21
3.1.1
General Policies ................................................................................. 21
3.1.2
Servicing Policies ................................................................................ 29
3.1.3
Environmental Policies............................................
. ........... 30
3.2
Specific Policies - Land Use Designations..
. ...... 40
3.2.1
Residential ........................................................................................... 40
3.2.2
Town Centre ....................................................................................... 45
3.2.3
Commercial ........................................................................................ 48
3.2.4
Mixed Use ........................................................................................... 50
3.2.5
Industrial ............................................................................................ 52
3.2.5.l
Industrial/Commercial ...................................................... 52
3.2.5.2
3.2.5.2
Industrial/Hazardous ........................................................ 53
lndustrial/Commercial-CDA .............................................. 54
4.0
3.2.6
3.2.7
3.2.8
3.2.9
3.2.10
3.2.11
3.2.12
TABLE Of CONTENTS {cont'd)
Page
Agricultural Development Area ......................................................... 55
Public Use ............................................................................................ 56
Open Space - Recreational ................................................................ 57
Conservation ................................................................................... 58
Watershed ......................................................................................... 59
Transportation ................................................................................... 61
Rural .................................................................................................... 63
IMPLEMENTATION ............................ ............................................................................. 65
4.1
Plan Administration ............................................................................................. 65
4.2
Plan Implementation .......................................................................................... 66
4.3
Development Regulations ..................................................................................... 67
4.4
Development Control.........................
.. ...................................................... 67
4.5
Public Works and Municipal Services ................................................................... 68
Torbay Municipal Plan 2015-2025
Page 1
1.0
INTRODUCTION
1.1
MUNICIPAL PLAN PREPARATION
The Torbay Municipal Plan is Council's comprehensive policy document for the
management of growth within the municipal planning area over the ten-year planning
period 2015-2025. The Plan repeals and replaces the Torbay Municipal Plan 2007-
2017.
The Torbay Municipal Plan has been prepared in accordance with the requirements of
the Urban and Rural Planning Act 2000, following surveys and studies of land use,
population growth, the local economy, present and future transportation and
communication needs, public services, sociai services and other relevant factors.
The Plan outlines the goals, objectives and policies of Council regarding the
development of the Municipal Planning Area over the next ten years. This Municipal
Plan, consisting of a written text in which the goals, objectives and policies are set out,
also includes Land Use Maps indicating the proposed allocation of land into various land
use categories. Its aim is to promote the well-being of the community and efficiently
utilize land, water, and other resources. The Torbay Municipal Plan consists of written
text and a Future Land Use Map.
Torbay Municipal Plan 2015-2025
Page 2
1.2
SPECIAL STUDIES AND POLICY DOCUMENTS
The Torbay Municipal Plan Review is guided by numerous major studies undertaken by
or on behalf of the Town of Torbay. These studies include the following:
-
-
-
-
Open Space Management Strategy
Recreation Master Plan
Econom·1c Development Plan
Beautification Plan
Her"1tage Plan
Tourism Plan
Engineering Design Guidelines for Subdivision
Archaeological Study, 1998
Signage Policy
ICSP
Habitat Conservation Plan
Flood Risk Policy
Occupancy and Maintenance Regulations
Backfilling and Excavation Regulations
Torbay Town Centre Plan
Architectural Guidelines for the Torbay Town Centre
Torbay Heritage Regulations.
1.3
PLAN APPROVAL
For the Plan to gain full legal effect, Council must hold public consultation with area
residents and concerned groups and individuals to allow for public input into the
planning process. After this consultation, Council must adopt the draft Plan and allow
for further input from the general public through a Publ"ic Hear"1ng.
Torbay Municipal Plan 2015-2025
Page 3
Council shall appoint a qualified Commissioner to conduct a formal hearing to consider
objections and representations from the public, either opposing or in favour of the
Municipal Plan. The Commissioner will formally report his findings to Council as a result
of the public hearing. Council may adopt the report in whole, in part or reject the report
in its entirety. Council can then formally approve the Municipal Plan and apply to Land
Use Planning, Department of Municipal Affairs for registration.
A notice will then
appear in the Newfoundland and Labrador Gazette and a local newspaper advising the
public of Council's intent. Once this notice has been published in the Newfoundland
and Labrador Gazette, the Plan is legally binding on Council and any person or party
proposing to develop, or to change the use of land, anywhere within the Planning Area.
1.4
PLAN REVIEW AND AMENDMENT
Every five years from the date on which the Municipal Plan first comes into effect,
Council is required to initiate a review of the Plan. Where necessary, changes may then
be made to account for any new policies or land use requirements for the next ten
years. The Plan may otherwise be amended at any other time, in whole or in part. Any
such amendment will be read together with, and become part of the Municipal Plan and
so must not conflict with any other of its policies. If cirC'Jmstance do not permit a Plan
review to be undertaken within the prescribed time, the current Municipal Plan, and any
amendments that had been made to it, will remain in effect until a Plan review is
completed and fully approved.
When the Municipal Plan comes into effect, Council is required to develop regulations
for the control of the use of land, in strict conformity with the Municipal Plan, in the
form of Land Use Zoning, Subdivision and Advertisement Regulations. These are also
Torbay Municipal Plan 2015-2025
Page 4
known as the Development Regulations. Normally, these are prepared at the same time
as the Municipal Plan, and like the Plan, may be amended at any time to include new
land uses and specific regulations.
1.5
PLAN ADMINISTRATION
The day-to-day administration of the Municipal Plan and Development Regulations is
administered by staff members authorized by Council. Council staff issue all necessary
permits approved by Council, make recommendations to Council in accordance with the
Municipal Plan, and enforce the regulations. The Department of Municipal Affairs may
be consulted on any development matters.
1.6
TORBAY MUNICIPAL PLAN REVIEW
The previous Torbay Municipal Plan was drafted in 2007 and came into effect on August
10, 2007.
Prior to 2007 Plan, the Municipal Plan was reviewed and consolidated in
2001. This 2015 Municipal Plan updates all preceding Plans and accommodates various
amendments made to the original documents.
Regional Context
Torbay is located on the east coast of the Avalon Peninsula in the St. John's Urban
Region. it is bounded to the north by the Town of Flatrock, to the south by the City of
St. John's, to the south east by the Atlantic Ocean and the Town of Logy Bay-Middle
Cove-Outer Cove, and to the west by the Town of Portugal Cove-St. Philip's. Torbay's
Torbay Municipal Plan 2015·2025
Page 5
north western boundary also borders the Towns of Bauline and Pouch Cove. Torbay
developed initially around fishing and sustainable farming.
In recent years it has
increased in size as a residential community for commuters to St. John's but strives to
retain its rural character.
Municipal Planning Area
The municipal planning area of the Town of Torbay covers approximately 36 square
kilometres (14 square miles). The Town grew up on the hills around Torbay Bight.
Torbay Road has evolved mainly as an area for residential development and limited
commercial and industrial land development.
Other residential development has
spread out in ribbon fashion along Indian Meal Line, Bauline Line, Marine Drive, and
other local roads.
Torbay has three watersheds designated for municipal water supply: North Pond,-South
Pond, and Great Pond.
At present, only North Pond is in use.
The central area,
containing approximately 45% of the dwellings, is serviced with municipal water ar.d
sewerage.
Studies are presently ongoing to further evaluate the potential of South
Pond and Great Pond as a future water supply. Sewage drains into an outfall in Torbay
Bight.
Population Characteristics 1996-2011
The 2011 census population of Torbay is 7397 which represents a 17.8% increase from
2006 population which was 6281. The 2006 census population of Torbay is 6281, which
represents a 14.7% increase from 2001population which was 5474, a slight increase of
Torbay Municipal Plan 2015·2025
Page 6
4.7% from its 1996 population of 5230 and 11.1% increase from its 1991 population of
4707. This figure reflects a positive growth rate contrary to the provincial population
decrease of -1.5% during the 2001-2006 census period. The Province experienced an
out migration of population, while the Town has increase in population.
The population of Torbay increased by 523 persons between the years 1991 and 1996.
This figure represents an ·increase in the population of 11.1%. Between 1996 and 2001,
the population had. further increased by 244 persons, or by 4.7%, and further increased
again by 807 persons, or by 14.7% and increased by 1116 persons in 2011 (See Table 1).
Table 1: Population Change
Year
Population
Change
% Change
1986
4520
-
.
·-
1991
4707
198
4.2%
----
...
-·
-----
1996
5230
523
11.1%
--------
·- -·
-
2001
5474
244
4.7%
---· -
..
2006
6281
807
14.7%
--- --
--·-
- ---
2011
7397
1116
17.8%
Housing
The 2011 census recorded 2,662 dwellings. This has increased from approximately 2,200
dwellings as of 2006. Council has been issuing an average of 80 building permits per
year during the past 5 years.
Torbay Municipal Plan 2015-2025
Page 7
Statistics pertaining to households in Torbay are shown in Table 2.
Tab!e 2: Households and Occupancy Rates for Specified Years
Year
No. of Households
Change
% Change
1986
1520
--- ------
-
-
-
1991
1560
+40
1.039"0
~ -
--- ---- ---
1996
1740
+180
1.13%
-·--·---------
~---- --- -- ··- --- --
-
-----1- ----
---- -
2001
1937
+197
8.90?/o
1-- --- - --- -----
2011
2662
+725
27.0%
New dwelling construction has proceeded at an average of SO units per year over the
past 10 years, but appears to have increased during the past 5 years. A substantial
proportion of new dwelling construction has occurred in al! areas of the town.
Economy and Labour Force
In 1996, the employable workforce of Torbay numbered 1555 people. This figure
increased to 3060 in 2001 (2001 census), of which the majority work in St. John's. In
Torbay, there is work in service-sector businesses, the commercial fishery, and some
commercial farming. The forests are used for domestic woodcutting and recreation.
There is potential in the tourism sector such as attracting tourists to hiking trails such as
the East Coast Trail.
Torbay Municipal Plan 2015·2025
Page 8
Table 3 shows the types of occupations in which these people worked.
TABLE 3: EMPLOYMENT BY INDUSTRY, TORBAY 2006
Industry
No. of Employees
Percent of Total
Agriculture and other Resource
175
5.7%
Based Industries
Manufactur"1ng and Construction
370
12.1%
Wholesale and Retail
510
16.7%
Finance and Real Estate
100
3.2%
Health and Education
540
17.6%
Business Services
700
22.9%
Other Services
665
21.7%
TOTAL
3060
99.9
NOTE: Only 2006 industry statistics are available.
Land Use
While Torbay was once considered a low-density rural community, it is now undergoing
growth and urban·1zation and density has increased substantially in the past decade. Its
convenient location near St. John's makes it a growth centre within the St. John's Urban
Region.
The predominant housing form is the single-family detached house, mostly
located on larger lots.
Lands in the northern part of town are designated for protection as part of the St. John's
Urban Region Agricultural Development Area (ADA). The ADA area has been recently
reviewed and a Commissioner's Report recommended the removal of several large
tracts of land in the north side.
Commercial and community-service uses are
concentrated along Torbay Road. A large industrial fabrication facility is located along
Torbay Municipal Plan 2015-2025
Page 9
Torbay Road immediately entering the Towr.. Several small-scale industrial uses are
located at scattered sites throughout the Town.
Planning Issues
With the growing population, Torbay still has ample land designated for future
residential growth. However, development in the outlying areas has been constrained
by the cost of extending municipal services The Town is experiencing growth along
Indian Meal Line, Marine Drive and Bauline Line with the development of large
residential iots.
It is Council's intent to encourage economic development by providing appropriate
policies for home-based businesses. Council has also reserved land near the airport for
a future industrial park. The Torbay Bypass Highway has been re-defined with a 60
metre reserve to direct traffic away from Torbay Road. The Torbay bypass has now
been completed, but along with the inclusion of a new two lane highway leading to St.
John's, traffic is still congested particularly during peak rush hours.
1.7
ST. JOHN'S URBAN REGION REGIONAL PLAN
The St. John's Urban Region (SJURRP) Regional Plan designates Torbay as a local centre
where municipal water and sewerage services must be provided. The SJUR Regional
Plan seeks to confine the major population growth to the urban core - the City of St.
John's and its immediate environs - in order to make the best use of existing roads,
water and sewerage, and other services.
Torbay Municipal Plan 2015-2025
Page 10
The SJUR Regional Plan establishes the follow·ing policies which are applicable to Torbay:
-
The local centres shall develop to the fullest extent possible within the areas
shown on the Regional Plan Map, with the following constraints:
o
existing and future municipal services;
o
financing for capital works;
o
the need to protect regional resources, including agricultural and forest
lands, watersheds and scenic resources;
o
the need to limit capital expenditures on the regional road network to
handle commuting and other traffic;
o
the amount of infilling possible within developed areas;
o
the capacity of existing local roads; and
o
capacity of school facilities.
-
Within the local centres, residential uses shall generally be low density, mostly
s·1ngle-fam'1ly dwellings.
-
Commercial uses shall be of a local nature but may include retail and highway
commercial functions. Industrial activities shall generally be of a local nature
such as the fishing industry. Other small-scale industries may be appropriate.
-
The local centres shall encourage the infilling and consolidat'1on of partly
developed areas once the existing developments are serviced and shall improve
the local road system to provide better circulation of traffic.
-
The Municipal Plan of a local centre shall recognize and define, where applicable,
a core area for higher density development and development in depth.
-
Two levels of service may be provided in the local centres:
full municipal
services, including water and sewerage, in the higher density core; and a lower
Torbay Municipal Plan 2015-2025
Page 11
standard of services in the lower density area outside the core. The Regional
Plan Map indicates the wider limit as the 'local centre' boundary.
-
The
Municipal
Plan
should
prevent
development
that
will
require
disproportionately costly public services and should preserve land that should
not be developed due to its physical characteristics.
-
The Municipal Plan should prevent further ribbon development along the main
roads and highways.
1.8
INTERPRETATION
The following sections and the Future Land Use Map constitutes the legally effective
parts of the Torbay Municipal Plan. In this Municipal Plan:
-
"Council" shall mean the Council of the Town of Torbay.
-
"Development Regulations" shall mean the Torbay Land Use Zoning, Subdivision
and Advertiserrent Regulations.
-
"Municipal Planning Area" shall mean the Torbay Municipal Planning Area.
-
"Town" shall mean the Town of Torbay.
The boundaries between the different land uses designated in the Municipal Plan are
meant to be general, except in the case of roads or other prominent physical features
where they are intended to define the exact limits of each category.
Nothing in the Plan shall affect ~he continuance of land uses which are lawfully
established on the date that this Plan comes into effect.
Torbay Municipal Plan 2015-2025
Page 12
2.0
GOALS AND OBJECTIVES
It is the intention of the Municipal Plan to establish a number of goals and objectives. A
goal is a desired state which reflects the long-range purpose of the Plan and is related to
a major area of concern.
An objective is a short-range step toward the goal. It is
concrete, realistic, action-oriented and attainable within a period of 3 to 5 years. The
achievement of an objective should move the goal closer to reality.
Based on a comprehensive study of the planning aspects of the Torbay Planning Area,
the following are the goals and objectives of this Municipal Plan, which are to be
pursued within the ten year planning period.
2.1
PHYSICAL STRUCTURE
Goals:
-
To encourage future growth in a manner that ensures land use compatibility,
orderly development and the economic use of municipal services.
-
To control future growth of the town in such a manner as to develop a balanced
and attractive community.
-
To preserve the rural character of the Town, allowing residents to maintain their
small-scale traditional agricultural uses without hindering other development or
creating problems to neighbouring residents.
-
To identify hazardous areas prone to landslide and coastal erosion.
-
Torbay Municipal Plan 2015-2025
Page 13
Objectives:
-
To encourage infilling in areas served by municipal water and sewer pipes.
-
To allocate land for future development on the basis of its best use considering
its physical characteristics and location.
-
To ensure that natural areas such as drainage courses, shorelines, and steeo
slopes are protected from development to preserve environmental resources
and the rural character of the Town.
-
To preserve scenic views of the shoreline, ponds and hills, recognizing their value
to residents and visitors for recreation and tourism.
-
To prohibit development in areas along the coastline of Torbay Bight which may
be prone to coastal erosion.
2.2
ECONOMIC OPPORTUNITIES
Goal:
-
To
encourage the continued
operation of existing businesses through
appropriate land use policies.
-
To encourage the development of additional employment opportunities to serve
the present and future population.
Objectives:
-
To allocate land so that new businesses will be attracted to Torbay.
-
To support the development of facilities and attractions in promoting the
tourism industry within Torbay, particularly the East Coast Trail and scenic
lookouts.
-
To encourage home-based businesses.
Torbay Municipal Plan 2015-2025
Page 14
2.3
HOUSING
Goals:
-
To provide for an adequate quality, quantity and mix of housing to serve the
needs of the present and future population.
-
To provide good quality residential site design and a high standard of municipal
services.
Objectives:
-
To provide an adequate amount of serviced land to accommodate residential
development within the municipality.
-
To encourage improvement of sub-standard dwellings.
-
To provide for a mixture of housing types within the municipality.
-
To encourage the development of residential infilling lots within built up
neighbourhoods.
-
To prevent residential development within areas of excessive aircraft noise, as
determined by Transport Canada's Noise Exposure Forecast (NEF).
Torbay Municipal Plan 2015-2025
Page 15
2.4
MUNICIPAL SERVICES
Goal:
-
To provide, where possible, a full range of municipal services to Torbay in the
most economical fashion.
Objectives:
-
To ensure that on site services meet the standards of the Department of
Environment and Conservation and Service NL.
-
To permit new subdivision development in areas which are or can easily be
connected to municipal services.
-
To provide fire protection to all residents.
2.5
TRANSPORTATION
Goal:
-
Ensure that the local transportation system adequately and safely provides
access throughout the Planning Area.
Torbay Municipal Plan 2015-2025
Page 16
OBJECTIVES:
-
To undertake continued improvements to the municipal roads through a regular
maintenance program.
-
To aim for a proper road system by connecting streets which require a second
access, such as existing cul de sacs which exceed the maximum length
requirement.
-
To ensure that development in Torbay does not interfere with the safety and
operations of St. John's Airport.
-
To reserve land for future access to backlands.
2.6
COMMUNITY AND SOCIAL SERVICES
Goal:
-
To provide a full range of community and social services to Torbay.
Objectives:
-
To ensure that land is reserved throughout the town for recreational open space.
-
To ensure public access to the major natural features of the planning area such
as the ponds, streams, and ocean shoreline.
-
To encourage the multi-functional use of existing community buildings (schools,
churches, etc.).
-
Torbay Municipal Plan 2015-2025
Page 17
2.7
Environment
Goals:
-
To provide a pleasant and safe living and working environment in Torbay.
-
To provide for the health, safety and welfare of the general public.
-
To protect and enhance the natural environment for its aesthetic, recreational,
and resource values as reflected in the Habitat Management Plan.
Objectives:
-
To provide municipal services at environmentally acceptable standards.
-
To promote a regular community "clean-up" program.
-
To discourage development in areas with slopes greater than 15 percent,
recognizing that development in such areas can result in environmental damage
and higher costs for servicing and maintenance.
-
To prevent development w;thin the municipal watersheds.
-
To maintain a minimum 15 metre buffer of land from the highwater mark of
ponds, lakes, and streams, to be kept generally free from development.
-
To protect natural resources from degradation including water, air, soils,
agricultural land, forests and scenic areas.
-
To govern activities that threaten wetlands within the Stewardship Zone to
ensure that negative impacts to the wetlands are minimized.
Torbay Municipal Plan 2015-2025
Page 18
2.8
MUNICIPAL FINANCE
Goal:
-
To manage municipal expenditures and revenues so as to provide necessary
municipal services within a framework of long-term financial stability.
Objectives:
-
To manage municipal expenditures with restraint, aiming for maximum return on
investment.
-
To manage the municipal debt, considering the Town's ability to meet its
expenditures over the long term.
-
To encourage a more diversified economic base to generate more revenues
through business taxes.
2.9
RECREATION AND TOURISM
Goal:
-
To provide recreation facilities and develop new facilities to accommodate
recreational and social needs for all age groups in the Town.
Torbay Municipal Plan 2015-2025
Page 19
Objectives:
-
Encourage public participation in the planning of recreational open space lands
and encourage events such as festivals, sporting events, and other attractions.
-
Encourage public participation in the planning and development of the Town's
new ice arena, soccer and sports fields.
-
Develop public recreational areas and facilities in feasible locations which will
service the maximum number of residents of the Town.
-
Promote the Town as a tourist attraction and encourage travelers to visit Torbay.
2.10
AGRICULTURE
Goal:
-
Encourage the agricultural use of lands designated as agriculture and protect
agricuitural lands from non-compatible development.
Objectives:
-
Ensure that new development does not encroach on existing agriculture
operations, limiting them in their operation.
-
Protect existing agriculture uses from other non-compatible uses.
Torbay Municipal Plan 2015-2025
2.11
HERITAGE PRESERVATION
Goal:
-
Encourage the protection and preservation of lands and buildings identified as
heritage.
Objectives:
Page 20
-
Identify and document, through the Heritage Committee, her"1tage buildings,
structures, properties and sites which exist in the town.
-
Institute and adopt Heritage Regulations to formally designate, conserve and protect
identified heritage buildings, structures, properties and sites which exist in the town.
-
Promote the heritage of Torbay through the recognition and retention of
buildings/areas within the Town that have a known historical or cultural significance.
Torbay Municipal Plan 2015-2025
Page 21
3.0
THE LAND USE PLAN
The following policies with accompanying Future Land Use Map, constitutes the land
use component of the Torbay Municipal Plan, 2015-2025
Included are all policies
which are seen as necessary by Council to ensure that the physical development of
Torbay is undertaken in an efficient and economic manner during the ten-year (2015-
2025) life of this municipal plan. The Land Use Plan is meant to complement the Goals
and Objectives outlined in Section 2.
3.1
GENERAL LAND USE POLICIES
The following policies can be categorized as general in scope in that they can be applied
to more than one land use and to different sections of the Town of Torbay. They are
therefore presented as a separate section of this Land Use Plan.
3.1.1
GERERAL POLICIES
1)
Subdivision Policies:
Land which borders developed residential areas may be suitable for large-scale
residential development in the future. All proposed subdivision developments
shall be subject to a comprehensive evaluation by Council. The content of this
evaluation will be detailed in the Torbay Development Regulations and will
include:
Torbay Municipal Plan 2015-2025
Page 22
-
An investigation of physical features of the site and the opportunities and
constraints to development that they represent.
Where possible, the
layout of proposed lots and roads shall conform to the topography;
-
an outline of how the proposed subdivision will integrate with existing
development and roads and services on adjacent lands and provide for
future access to undeveloped lands in the area;
-
ensure compatibility between the subdivision and surrounding land uses,
both existing and future; and
-
review of municipal servicing proposals by the developer and the public
costs of providing and maintaining these services.
2)
Subdivision Development Agreement
As a condition of approval, Council shall require the deve!oper to sign a
subdivision development agreement w·1th the mun·1cipality.
3)
Conveyance to Council of Private Roads
New subdivision streets shall be constructed and upgraded to the Town's road
standards before Council shall assume ownership and responsibility for future
maintenance.
All new streets shall have a legal land survey and a Deed of
Conveyance, approved by the Town's solicitor, before Council assumes
ownership.
4)
Access and Public Street
All development shall front onto a publicly maintained street, unless otherwise
specified in this Plan.
-
Torbay Municipal Plan 2015-2025
Page 23
5)
Easements and Emergency Access
Where land is required for utility easements or emergency access, the land may
be obtained for the appropriate agency (such as Newfoundland Power) in the
course of approving subdivision or other development applications.
6)
Building Setback
Building setbacks from roads shall be provided in accordance with the Torbay
Development Regulations to preserve the right-of-way widths specified in this
Plan. Such setbacks should be sufficient to allow appropriate landscaping and to
permit the parking and movement of vehicles clear of any road allowance.
7)
Traditional Agriculture {Hobby Farming)
Torbay has a history of traditional agriculture use such as hobby farming and
small scale root cropping for personal use. Nothing in this Municipal Plan shall
prohibit the continuation of this established use.
Unless indicated, land uses
such as the keeping of livestock (farm animals) may be permitted in residential
land use zones as defined in the Torbay Development Regulations.
Existing
livestock uses associated with hobby farming shall be allowed to continue.
8)
Soil and Drainage
Development shall only be permitted on lands having soil and drainage
conditions which are suitable for the proposed uses.
Torbay Municipal Plan 2015-2025
Page 24
9)
Open Space/Recreation
Not more than 10% of the gross area of land developed for subdivision purposes
shall be dedicated to the Town as public open space. This land would be suitable
for walking trails, tot lots, green belts etc.
Council may accept from the
developer in lieu of such area of land, payment of a sum of money equal to the
market value of the land which would otherwise be required to be dedicated.
The market value shall be determined by either the Municipal Assessment
Agency or by a Current Market Value Appraisal of the raw land (whichever is
greater).
Council shall ensure the preservation of scenic viewpoints and ensure long-term
stewardship.
Public access to natural areas and open spaces shall be
maintained.
It ·1s the intent of this Plan to designate open space areas within the Town such
as the East Coast Trail, for active, outdoor community recreation and passive,
outdoor recreational needs. Council shall maintain and wherever, improve the
integrity of natural recreational systems such as walking and hiking trails.
10)
Trail Development and the East Coast Trail
Proposals for trail development along streams in close proximity to residential
areas may be permitted subject to submission of a detailed plan which includes a
statement of public support for the development.
Torbay Municipal Plan 2015-2025
Page 25
The East Coast Trail Association has developed a natural walking/hiking trail
within the Town of Torbay along the coastline of Atlantic Ocean as part of a
coastal trail system and its route is delineated on the Land Use Zone Map.
Council shall ensure that:
-
a buffer be maintained along the trail to protect the natural landscape
and views from the trial, and to ensure that future development does not
negatively impact the trail;
-
landowners/developers
take
into
consideration
the
effects
of
development on the preservation of the East Coast Trial and the scenic
beauty of the landscape along the coastline;
-
natural topography and vegetation will be maintained where possible;
-
a buffer free of development will be maintained between the East Coast
Trail and shoreline recreational uses or wharves; and
-
Council shail support further work on the East Coast Trail as a
hiking/walking trail with minimal disturbance to the surrounding land.
11)
Access and Public Street
All development shall front onto a publicly maintained street, unless otherwise
specified in this Plan.
12)
Archaeological Sites and Artifacts
There is only one archaeological site recorded with the provincial archaeological
office. The site is a European site located in this area. No development shall be
permitted in this area subject to approval of the Provincial Archaeology Office,
Department of Tourism, Culture and Recreation.
Torbay Municipal Plan 2015-2025
Page 26
13)
Noise Exposure Forecast
In accordance with the Airport Environs Policy of the St. John's Urban Region
Regional Plan, development shall take account of Transport Canada's Noise
Exposure Forecast (NEF). As a result, measures shall be taken to ensure that
incompatible development not be permitted in potentially high noise areas and
whenever possible, proper acoustical measures shall be included in buildings to
reduce noise from Airport activities.
The most current Noise Exposure Forecast zones for the St. John's Airport, as
provided by Transport Canada, are identified on the Future Land Use Plan Map.
The following policies apply to lands identified within each zone.
Policies
-
That noise sensitive uses such as residential, daycare, senior homes, etc)
shall be prohibited in existing and future high noise impact areas.
-
New residential development in noise impact areas between the 30 NEF
contour and the 35 NEF contour shall include sufficient sound insulation
as recommended by the Canada Mortgage and Housing Corporation.
-
That structures and landscaping on land in high noise areas be designed
to act as noise barriers or absorbers.
-
That the change of use from noise-sensitive uses to noise-tolerant uses
(office, light industrial, etc.) be encouraged in high noise impact areas.
-
That noise levels, noise level forecasts and airport development be
monitored and the land use policies of this plan be reviewed on the basis
of forecasts variations.
Torbay Municipal Plan 2015-2025
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14)
Development Near livestock Structures
Two existing livestock buildings, Connors Dairy Farm and Ryan's Farm, are
surrounded by a 330 metre buffer. New development shall only be permitted
within the buffer in accordance with the conditions specified in the Torbay
Development Regulations; the Soil and Land Resource Stewardship Division,
Department of Natural Resources, and by the Service NL.
15)
Mineral Exploration
The Torbay Planning Area has the potential for mineral deposits.
Regulated
mineral exploration shall be permitted in the planning area as set out in the
policies of this Plan and conditions of the Torbay Development Rei:;u lations.
Aggregate mining and extraction shall only be permitted with the approval of a
quarry permit from the Mineral Lands Division, Department of Natural Resources
and approval of the Town of Torbay.
16)
Forestry/Wildlife Uses
Forestry uses such as domestic cutting may be permitted and shall require a
permit from the Regional Ecosystem Management Division, Department of
Natural Resources. Three areas are designated for domestic wood cutting and
are located in the general area of Patrick's Path, Bauline Line and Western Island
Pond. Domestic cutting areas are identified on the Land Use Zone Map.
Hunting
and
trapping
are
recognized
uses
in
forested
areas.
The
Forestry/Wildlife Regional Office at Paddy's Pond regulates such activity and
Torbay Munic"tpal Plan 2015-2025
Page 28
should be consulted for appropriate hunting permits. It is unlawful to discharge
a firearm within 1,000 metres of a school, playground or athletic field or within
300 metres of a dwelling.
17)
Coastal Reservation
Steep cliffs and a rugged coastline exist along shoreline of Torbay Bight. There is
potential for numerous rockfalls and landslides in these areas. The Town shall
prohibit development so that it does not encroach to close to the steep
coastlines or rock cliffs. To ensure that development is setback sufficiently to
protect both the developer/user of the land and the environment, no building
development shall be permitted within 30 metres from the top of the steep
coastlines along the shorelines of the Town.
18)
Heritage Preservation
Torbay has undertaken initiatives to review a number of heritage buildings
throughout the Town. There is currently one such building (Codner House)
designated as a heritage building. This building and several cemetery sites have
qualified for status by the Heritage Foundation of Newfoundland and Labrador.
As property values continue to rise, there is growing pressure to redevelop older
properties with new, modern buildings. It will be important to consider the value
of the community's heritage resources and priorities for protection.
Council shall encourage the preservation of older buildings. This may include
working with the owners in identifying new or enhanced uses for older buildings
Torbay Municipal Plan 2015-2025
Page 29
and making owners more aware of public programs aimed at the preservation of
built heritage.
In reviewing new development proposals, priority will be given to ensuring that
new buildings do not obstruct or detract from the older heritage structures and
generally conform to the character and scale of the Heritage Community.
3.1.2 SERVICING POLICIES
1)
Municipal Services
Within and near serviced areas, new development shall only be permitted in
areas which can be provided with full municipal water and sewage services. In
areas where water and/or sewage must be pumped, Council will evaluate the
cost of installing and
maintaining pumping stations before permitting
development to proceed.
2)
No Municipal Services
A.
Ground Water Assessment
New subdivisions shall require a groundwater assessment be undertaken to
determine the acceptable quality and
quantity of drinking water. The
Groundwater Supply Assessment and Reporting Guidelines far Subdivisions
Serviced, by Individual Private Wells, provide administrative and technical
guidance to developers.
The Water Resources
Management Division,
Torbay Munkipal Plan 2015-2025
Page 30
Department of Environment and Conservation, should be contacted prior to new
residential subdivision development.
B.
On-Site Sewerage Disposal
On-site sewerage disposal system shall be in compliance with the requirements
of the Service NL. Sub-service sewerage disposal systems shall be no closer than
30 metres from a waterbody or watercourse.
3.1.3 ENVIRONMENTAL POLICIES
1)
Preservation of Trees
Mature trees shall be preserved and replaced where necessary. Such trees shall
be removed only if they become dangerous because of age, disease or proximity
to a building; .if they are overcrowded, and unduly inhibit light and air circulation
for landscape purposes and building occupancy, or if they will unduly inhibit
construction.
2)
Protection of Watercourses, Wetlands Fish and Waterfowl Habitat
Rivers, streams, ponds, and shorelines shall be protected from pollution. The
existing vegetation shall be ma·1ntained along banks and .shorelines where
possible. No development shall be permitted within a minimum of 15 metres of
a watercourse without approval from the Department of Environment and
Conservation and, if fish habitat is affected, from Fisheries and Oceans Canada.
Torbay Municipal Plan 2015-2025
3)
Waste Disposal
Protective measures shall be taken to prevent or minimize pollution when
disposing of sewage and solid waste.
4)
Alterations to the Natural Environment
Page 31
Development
proposals
shall
include
plans
for grading,
ditching,
and
landscaping. Significant alterations to the natural environment (such as changing
the drainage pattern or removing vegetation) will be considered during the
evaluation of development proposals.
Alterations which will adversely affect
adjacent property or watercourses shall not be permitted. Topsoil or sods shall
not be removed except with the approval of Council.
5)
Environmentally Sensitive Areas
Development shall be prohibited in environmentally sensitive areas such as
steep slopes and bogs. Development shall also be prohibited in areas prone to
landslides and rockfall. Development shall be prohibited in conservation areas
within 30 metres of the rock cliff along the sea wall. These areas are known for
coastal erosion. The Future Land Use Map identifies Conservation areas. The
Conservation policies apply to environmentally sensitive areas in other land use
designations.
Torbay Municipal Plan 2015-2025
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6)
Mining and Quarrying
The adverse effects of mining and quarrying such as dust, noise, and visual
impact shall be minimized through adequate separation from adjacent land uses.
Derelict lands are to be rehabilitated by the operator prior to abandonment.
7)
Upkeep of Properties
Council shall promote the upkeep of residential properties, businesses, and
institutions; encourage the repair or removal of dilapidated buildings and
structures; and prohibit indiscriminate dumping.
Council shall encourage
businesses and contractors to store their materials and heavy equipment at the
rear of their property or screen it from v·1ew.
8)
Habitat Management Plan
The Town of Torbay signed a Municipal Wetland Stewardship Agreement in 1997
and is now an important link in wetland conservation. Through this agreement,
the town agrees to manage wetlands within it's jurisdiction with technical advice
from the partners of the Eastern Habitat Joint Venture.
The Habitat Management Plan aims to:
-
restore, enhance and/or protect the important wetlands in Torbay;
-
promote a greater appreciation of wetlands and wetland values; and
-
have wetland values included in the municipal plan.
The Management Plan benefits are the maintenance of healthy wetlands and
populations of waterfowl, other species and water quality. The Plan presents
Torbay Municipal Plan 2015-2025
Page 33
opportunities for canoeing, hiking, photography, bird watching, and an
opportunity to learn more about nature, especially wetlands and waterfowl
conservation.
9)
Stewardship Zone
The Stewardship Zone was originally created to highlight that there are
additional areas within the town boundary, generally iess developed, that do
contain wildlife habitat. The Town's Stewardship Zone, makes up over half of the
municipal boundary and contains most of the major wetlands and waterfowl
habitat within the Town. Within this Stewardship Zone are some significant
wildlife habitats, which have been, or are hereby, designated as Management
Units. The southern portion of the Stewardship Zone was extended south and
east to encapsulate significant wetland and upland habitat adjacent to Torbay
Road.
Applications for development located within the Stewardship Zone and within
wetland areas shall be reviewed by Council to ensure that sensitive waterfowl
habitats are preserved and protected. Council shall refer development proposals
within sensitive wetland habitat to Wildlife Division, Department of Environment
and Conservation, for review and comment. Council may use mitigating
measures to reduce any habitat degradation that may result from development
within the Zone.
The Gully portion of the Stewardship Zone is a small wetland situated within the
developed area of Torbay. It is used by waterfowl for feeding and brood rearing
and Osprey have been observed taking fish here. It's proximity to local schools
and residences make it an ideal candidate for a wetlands interpretation site.
Torbay Municipal Plan 2015-2025
Page 34
10)
Management Units
Management Units are areas of significance to waterfowl, generally providing
prime habitat for nesting and brood rearing. These areas are often also
important recreaf1onal areas to Town residents, as well as visitors to the area.
Together these areas support a diversity of avian species, including waterfowl,
songbirds, and other wildlife. Under its original agreement Torbay sought to
conserve two areas as Management Units; Western Island Pond Management
Unit and the Gosse's Pond (also known as Goose Pond) Management Unit. These
two areas encompass approximately 230 acres (93 hectares) of valuable wetland
and upland habitat for both waterfowl and other wildlife species. In 2015, the
Government of Newfoundland and Labrador and the Town of Torbay decided to
expand the scope of the 2010 Habitat Conservation Plan to incorporate four new
Management Units: Upper Three Corner Pond, Jones Pond Riparian Zone, The
Gully, and the Shoreline Conservation Area.
Western Island Pond Management Unit
The Western Island Pond Management Unit is located southwest of Torbay
between Indian Meal Line and the St. John's International Airport. The unit
includes the pond and its surrounding variable width treed buffer. The treed
buffer at the northern end is 30 meters in width, the buffer on the northeast side
is 75 meters in width and the remainder of the pond is buffered by a 150 meter-
w·1de treed area.
Gosse's Pond Management Unit
The Gosse's Pond (also known as Goose Pond) Management Unit has a SO-meter
buffer on either side of the main water artery and is located north of Bauline
Torbay Municipal Plan 2015-2025
Page 35
Line and west of Camp Carey Road. The Management Unit is approximately 2.5
kilometers in length and roughly 200 meters in width.
Upper Three Corner Pond Management Unit
The Upper Three Corner Pond Management Unit consists of the pond and the
wetland and upland habitat to the southeast and includes a 50-meter buffer
around Upper Three Corner Pond, as well as a 30-meter buffer on the wetland
system adjacent to the pond.
Jones Pond Management Unit Jones Pond is located west of Middle Cove
between Middle Cove Road and Jones Pond Park in Torbay. The Management
Unit includes a 30-meter riparian buffer on the northwest side of the pond.
Gully Management Unit
The Gully is located in the middle of the Town of Torbay adjacent to the Holy
Trinity Elementary school and High school and is bounded on the west by Torbay
Road (Route 20) and by Lynch's Lane at its eastern end. The Management Unit
was delineated from the towns Land Use Zoning Map under the Conservation
designation that applies to the open undeveloped lands in Torbay.
Shoreline Conservation Area Management Unit
The Town of Torbay has a unique shoreline with steep coastlines and rock cliffs
and is an important part of the scenic beauty and character of the area.
11)
Review Process
Stewardship Zone Development Proposal Process:
-
Where a development is proposed within the Stewardship Zone, and the
Torbay Municipal Plan 2015-2025
Page 36
Town is unsure of the impacts to the conservation of the area, the Town
shall refer the proposal to the Wildlife Division for a 30 day review. The
Wildlife Division shall provide advice to the Town on the possible impacts
of the proposal and mitigative measures that can be implemented. The
Town's decision shall be consistent with the spirit of the Stewardship
Agreement.
-
Where a proposed Municipal Plan amendment, regulation or bylaw may
affect land within the Management Units, that proposal shall be referred
to the Wildlife Division for a 30 day review to ensure that it is consistent
with the purpose of the Management Plan. Any proposed amendment to
this Municipal Plan that may have an impact on a Management Unit must
be approved by both partners.
-
Proposed development within the Management Unit that may potentially
threaten or negatively impact the habitat of the Unit, shall require the
approval of the Wildlife Division.
12)
Stormwater Management
Managing stormwater runoff is becoming increasingly challenging through the
incidence of more intense storms and further urban development resulting in
increased water runoff Town's storm drainage system. Council shall require land
to be developed on the basis of zero net runoff unless otherwise approved by
Council. Council shall encourage alternative zero net methods of storm water
management such as retention ponds and ot'1er techniques that decrease water
run-off.
Torbay Municipal Plan 2015-2025
Page 37
-
Where possible, the Town will encourage and support development
designs
and
infrastructure
that
incorporate
stormwater
best
management practices. The Town may require land to be developed on
the basis of zero net runoff.
-
Development shall be designed so that run-off from the development
does not negatively impact adjoining properties.
-
Proposals for development, including the clearing of land, shall include
plans to manage stormwater runoff to prevent sedimentation and
excessive flooding.
13)
Designated Flood Plains, Waterbodies and Wetlands
Areas have been designated as a floodway (1:20 year flood zone), and is located
in an area subject to the most frequent flooding. A "designated floodway fringe"
(1:100 year flood zone) constitutes the remainder of the flood risk area. This
area generally receives less dam2ge from flooding.
These designations are
established to identify flood risk areas to reduce the risk of future damages as
result of flooding. The following policies shall apply to the Flood Plain.
A)
Designated Floodway
-
Development in the designated floodway shall be limited to non-building
uses that will not be damaged by flooding. Projected maximum 1:20 year
flood levels, ice action and current action shall be taken into account
when determining the suitability of a proposed development on a
particular site.
Torbay Municipal Plan 2015-2025
Page 38
-
The development of public works and public uses may be permitted
provided the development takes the flood risk into account.
Minor
buildings which are necessary for the operation of public works may be
permitted at Council's discretion.
-
The infilling of land and water for the purposes of development, flood
protection, water redirection or to redirect or reduce flood waters shall
be prohibited.
-
Applications for new development shall be referred to the Water
Resources Management Division, Department of Environment and
Conservation, for comment prior to Council's decision.
B)
Designated Floodway Fringe
-
Development in the floodway fringe shall meet flood proofing standards,
intended to reduce damage to building type development and to
min·1m·1ze the bu'1lding occupants and public resulting from the predicted
infrequent flooding.
-
The development of public works and public uses may be permitted
provided the development takes account of the flood risk.
-
The filling of land and water for the purposes of development, flood
protection, water redirection or to redirect or reduce flood waters as a
public work, shall not be permitted except with the approval of the
Water Resources Management Division, Department of Environment and
Conservation and Council.
Torbay Municipal Plan 2015-2025
Page 39
-
Applications for development shall be referred to the Water Resources
Management Division, Department of Environment and Conservation for
comment prior to Council approval.
C)
Waterbodies and Wetlands
The natural and recreational value of rivers, streams, ponds and shoreline
beaches is important to the amenity of the Town, as well as their importance as
habitat for fish and wildlife.
The protection of these resources become
important as the Town continues to grow.
-
Council shall protect the water quality of local streams, rivers and
significant wetlands by ensuring that all necessary Federal and Provincial
approvals are enforced. In the case of defined flood risk areas, the high
water mark shall be considered to be the 1:100 year flood level as
defined on the Future Land Use Map.
-
Developments that require water crossings, bridges, culverts, stream
diversions and stormwater management devices, shall be planned,
designed and constructed so as to ensure that fish habitat preserved and
protected.
-
Changes or alterations of wetlands shall be prohibited.
-
Council shall monitor wetlands to prevent backfilling and ensure wetland
preservation.
Torbay Municipal Plan 2015-2025
Page 40
3.2
SPECIFIC POLICIES - LAND USE DESIGNATIONS
The land within the Torbay municipal planning area shall be managed according to the
designations shown on the Future Land Use Map and the policies of this Municipal Plan.
The Future Land Use Map divides the Planning Area into the following designations:
Residential
Town Centre
Commercial
Mixed Use
Industrial
Agricultural Development Area
Public Use
Open Space - Recreational
Conservation
Watershed
Rural
Transportation
3.2.1 Residential
The purpose of the Residential designation, which is the major land use in Torbay, is to
preserve the amenity and character of existing residential areas and to reserve lands for
future residential use throughout the Planning Area. The Residential designation covers
most of the built-up portion of Torbay. The demand for development will be primarily
Torbay Municipal Plan 2015-2025
Page 41
for residential use.
There are minor small tracts of land remaining for serviced
residential infilling use in the developed area of Town. The Town has initiated a study to
determine the actual amount of land capable of residential development. Small-scale
agricultural uses are traditional in the Residential areas of the Town and policies are
included for such uses.
Residential Policies:
-
Single dwellings shall be permitted within areas designated Residential
and as further set out in the Torbay Development Regulations.
-
Double dwellings, row dwellings, apartment buildings and
other
residential uses shall only be permitted at Council's discretion and such
uses shall be defined in the Torbay Development Regulations.
-
Convenience stores and other local commercial uses which serve
neighbourhood needs may be permitted within Residential areas
provided that the Commercial use is limited in size and clearly subsidiary
to the Residential use (contained within the residence or within an
accessory building).
-
Office, medical and professional service, personal service, and light
industry uses and similar home based businesses may be carried out
within a residential dwelling at the discretion of Council, or in a building
subsidiary to the dwelling on the same lot, by the occupants of the
dwelling, provided the use is small scale and subsidiary to the main
residential use and shall not disturb the amenity of surrounding
residential area, or cause an increase in traffic, noise, dust or fumes.
Torbay Municipal Plan 2015-2025
Page 42
-
Council shall encourage business uses such as: bed and breakfast, retail
speciality shops producing and selling hand crafted goods, child care,
personal services, professional services and home office uses.
-
Residential development shall only be permitted in areas which have
direct access to a public street.
-
The minimum lot size and frontage for residential uses shall be specified
in the Torbay Development Regulations.
Residential Subdivision Areas:
Residential Subdivision Areas are tracts of undeveloped land which borders developed
residential areas. They may be suitable for large-scale residential development in the
future.
Policy Statements:
-
Residential Subdivision Uses
Backlands designated as Residential shall be developed for residential uses. It is
the 'intention of Council to have these backlands developed in a comprehensive
manner, in line with the subdivision policies in section 3.1, to ensure that the
land is used wisely and an efficient, safe road network is developed in the area.
No development shall take place in these areas until the land has been
appropriately zoned in the Torbay Development Regulations.
Torbay Municipal Plan 2015-2025
Page 43
-
Serviced and Unserviced Residential Development
In areas near municipal services, Council shall require the installation of
municipal water and sewer for new development. In areas which are sufficiently
remote from existing municipal services, Council may consider unserviced
development.
-
Subdivision Design
In areas which require full municipal services, the developer shall submit a
subdivision design for the proposed area, showing road layout, proposed lots,
open space, and servicing plan. The developer shall identify how the proposed
development will connect to adjacent development.
-
Access Points and Road Links
The Future Land Use map indicates a proposed or suggested future access points
and future road links into Residential areas. The access points and road links
shall be reserved until a subdivision design is approved by Council.
Agricultural Policies in Residential Areas:
Traditional small-scale hobby agricultural uses such as vegetable gardens or a small barn
with a small number of animals may be permitted in Residential areas. New livestock
buildings (barns) may be permitted in a Residential area at the discretion of Council.
Within the 330m livestock buffer, new development shall be referred to the Land
Resource Stewardship Division, Department of Natural Resources, and by the
Department of Environment and Conservation.
The minimum lot size shall depend on topography, tree cover, soils, drainage, and other
factors as defined in the Town's Development Regulations. The lot size required for
Torbay Municipal Plan 2015-2025
Page 44
each development proposal shall be determined in consultation with the Land Resource
Stewardship Div·1sion, Department of Natural Resources, and by the Department of
Environment and Conservation.
Council shall ensure that agricultural uses are not enlarged beyond the intent of this
Plan, but remain strictly for hobby and subsistence purposes. Upgrading to commercial
agricultural operations in a Residential area shall not be permitted.
Existing commercial farms in a Residential area shall be considered as legal non-
conforming uses.
Watershed Policies in Residential Areas:
A portion of the North Pond Watershed is encroaching into the residential area of
Bullocks Town Road, McFayden Street and McGory Place as outlined on the Future Land
Use Map.
New residential development in the area shall be referred to the Water
Resources Division, Department of Environment and Conservation.
A residential designation also applies to the mobile home park in North Pond Heights. It
allows the replacement of the mobile homes with single-family detached houses. Land
not used for mobile homes or from which mobile homes have been removed may be
used for conventional housing as outlined in the Torbay Development Regulations
Torbay Municipal Plan 2015-2025
Page 45
3.2.2 Town Centre
The boundaries for the Town Centre include from both sides of Torbay Road from
Marine Drive to Indian Meal Line and including land east of the Town Hall to Spray Lane.
This area is currently developed with a mix of commercial, residential, cultural and civic,
public buildings and services uses. There is minimal vacant land within the Town Centre
designated area that can accommodate future developments along the lines of the
current mix of uses.
It is expected that most new proposals will be for the re-
development of existing properties.
Policies
-
The Town Centre designated lands shall be located within the area generally
located on both sides of Torbay Road from Marine Drive to Indian Meal Line and
including land east of the Town Hall to Spray Lane. The area also provides key
!~cation for cultural and civic, public buildings and limited commercial
development while still being interspersed with a mix of existing service uses.
-
It is the intent of Council that the Town Centre be developed as a central,
consolidated, commercial core. The permitted land use shall be theatre, cultural
and civic, general assembly, club and lodge, child care, office, medical and
professional, personal service, general service, taxi stand, shop, convenience
store, place of worship, recreational open space and conservation. Other uses
that may be permitted include single family dwelling, funeral home, apartment
building, catering (lounge), hotels and motels, indoor and outdoor markets,
recreational open space, light industry, indoor assembly, communications,
service station and antenna.
Torbay Municipal Plan 2015-2025
Page 46
-
It is the intent of this Plan to develop the remaining land within the Town Centre
in a planned, comprehensive manner, with the result being a high quality
commercial centre capable of attracting retail facilities. The development shall
be in a manner that preserves the residential, environmental and social integrity
of surrounding areas.
Before development is approved, a site plan shall be
submitted for the consideration of Council. Site plans will provide dimensional
layouts indicating location, scale, and design of proposed facilities and
landscaping.
In assessing proposals Council will be primarily concerned with
aesthet'1c factors, conformity with the desired character for the area, and
compatibil'1ty with other land uses in the designation.
-
Re-development of existing residential uses shall be at Council's discretion. New
residential development shall be prohibited.
-
Council shall encourage the design and building of retail enterprises with a high
standard for physical appearances. Council shall encourage the development of a
facade that provides a pleasant appearance to the traveling public.
-
All development shall be required to have landscaped properties. Council may
require a Landscape Plan prior to approval of any development. Council may
require that landscaping of properties be completed before issuing an occupancy
permit. To enhance the appearance of retail business and other developments,
Council shall encourage the development of green spaces or planting of shrubs,
bushes and flowers along the frontage of properties to enhance their
appearance and increase the amount of green space development.
Torbay Municipal Plan 2015-2025
Page 47
-
One of the most distracting features in urban areas, in particular town centres is
the overwhelming presence of signage associated with retail and business uses
within central retail areas and business districts. Torbay Road is a provincial
highway and the location of signs may require the approval of the Department of
Transportation and Works. Council shall encourage the best possible siting of
signs within the areas to ensure that visual aesthetics are maintained.
All
signage shail comply with the Town's Development Regulations. Council shall
limit the use of portable signs and other signs that are low lying and impede
visual view planes of drivers and pedestrians traveling Torbay Road.
Council
shall encourage designs that are more appropriate for the area and proper siting
of signs.
-
Council shall encourage the grouping of public uses within the Town Centre. The
ability to arrange these uses within reasonable walking distance from each other
and the development of above standard walkways shall increase pedestrian use
within this area and make the area a place where residents have a feeling of
connectivity with all the uses within the Town Centre.
-
Council shall establish adequate buffers between commercial developments and
any other non-compatible uses.
These buffers may be a separation of open
space, planting screens, privacy fences, or any other means to reduce the
negative impacts between non-compatible uses.
The sighting of the new
development may also be controlled by Council to ensure that activities on the
property do not cause negative impacts such a noise, odours, fumes, light, and
other visual effects.
-
Commercial uses that are incompatible with the surrounding developments
through excessive emissions of noise, smell, chemicals or other pollutants, shall
Torbay Municipal Plan 2015·2025
Page 48
not be permitted. Development of a commercial nature that has associated
emissions with operations may be permitted in other areas of the Town. Any
development that requires outside storage shall be required to maintain the
property in a high standard of appearance.
3.2.3 Commercial
The Commercial designation is applied to local and commercial uses, primarily along
Torbay Road. The intent is to allow the continuation of ex·1sting uses, most of which are
long-standing, and promote Torbay Road as a central commercial area.
Small-scale local and personal-service commercial uses may be permitted within
residential areas (see the Residential policies).
Commercial may also be permitted
within the Mixed Use designation. Retail and service commercial uses which serve
residents beyond the neighbourhood are intended to be located primarily along Torbay
Road while also allowing for future commercial services. New commercial designated
locations shall require good visual exposure to passing traffic and efficient, safe
vehicular access.
Policy Statements:
-
The Commercial designation shall accommodate shop, convenience store, office,
personal service, general service, medical and professional, take-out food service
(no drive-thru), catering (not lounges), licensed restaurant, places of worship,
service station, educational, funeral home, veterinary clinic; cultural & civic,
indoor assembly, indoor market, child care (group), recreational, and home
office.
Torbay Municipal Plan 2015-2025
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-
Discretionary uses include take-out drive-thru, apartment building, commercial
residential, boarding house residential, outdoor market, lounges & pubs, taxi
stand, general garages, automotive sales, general assembly, light industry,
amusement, police station, child care, antenna, recreational open space and
home based business.
-
Local and personal-service commercial uses and home-based businesses are also
provided for under certain conditions in Residential areas (see Residential
policies).
-
Council
may
require
developers
to
provide
site
plans
for
proposed
developments, to prevent or minimize the adverse effects of any commercial
development on adjacent residential uses, and indicating where building
locations, delivery areas, parking spaces, accesses, landscaped and buffer areas,
and other development components are to be located. In assessing proposals,
Council will be primarily concerned with aesthetic factors, conformity with the
desired character of the area, and compatibility with other land uses in the
vicinity.
-
Access points to a public street shall be limited in number and designed to keep
the street safe and efficient for vehicles and pedestrians.
-
Adequate off-street parking and loading facilities shall be provided for any non
residential development.
Torbay Municipal Plan 2015-2025
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-
Council shall encourage the design and building of retail enterprises with a high
standard for physical appearances. Council shall encourage the development of a
facade that provides a pleasant appearance to the traveling public.
-
Apartment buildings may be permitted at the discretion of Council and shall be
limited to those located above a main floor of permitted commercial uses. The
apartment development shall be required to meet parking requirements as
outlined in Town Development Regulations. Parking shall be located at e'1ther
the side yard or rear yard of the property and be cons'1dered separately from
parking requirements of the permitted commercial use.
-
Council shall encourage the best possible siting of signs, particularly along Road,
to ensure that visual aesthetics are maintained. All signage shall comply with the
Town's Development Regulations. Council shall limit the use of portable signs
and other signs that are low lying and impede visual view planes of drivers and
pedestrians traveling Torbay Road.
3.2.4 Mixed Use
A mixture of different kinds of development may be found along Torbay Road and
cons·1sts predominantly of residential uses interspersed with businesses, light industry
and public buildings. Such areas are placed under the Mixed Use designation. This
designation shall ensure that a viable combination of compatible uses can co-exist with
the predominantly residential development. Areas designated Mixed Use are ·intended
for the continuation of a traditional mix of land uses.
Torbay Municipal Plan 2015-2025
Page 51
The Mixed Use area designated on the Future Land Use map applies to both sides of
Torbay Road.
Policy Statements:
-
Mixed Use areas are suitable for residential uses and small-to-medium-scale
retail, service and other uses, including tourism-related business.
-
Service stations and light industrial uses may be permitted on a discretionary
basis.
New Commercial uses shall not be permitted if they will have a
detrimental effect on adjacent residential uses.
-
Proper site layout and buffering shall be used to prevent or minimize the adverse
effects of any proposed development on adjacent residential uses.
-
Access points onto to a public street shall be limited in number and designed to
keep the street safe and efficient for vehicles and pedestrians.
-
Adequate off-street parking and loading facilities shall be provided.
-
Where several commercial uses are clustered together along Torbay Road,
Council shall consider improving the area by landscaping, planting trees, and
adding benches and garbage containers. Road widening and sidewalks shall be a
consideration of Council.
-
Residential uses shall be permitted in the Mixed Use area and may include
single-family detached houses, duplexes, apartments or other dwellings which
Torbay Municipal Plan 2015-2025
Page 52
may be constructed in connection with a business, such as a second-floor
apartment for the owner's use.
-
Office, med'1cal and professional service, personal service, and light industry uses
and similar home based businesses may be carried out within a residential
dwelling, or in a building subsidiary to the dwelling on the same lot, by the
occupants of the dwelling, provided the use is small scale and subsidiary to the
main residential use and shall not disturb the amenity of surrounding residential
area, or cause an increase in traffic, noise, dust or fumes.
-
Animal use in the form of a dog kennel map be permitted at the discretion of
Council.
3.2.5 Industrial
3.2.5.1
Industrial/Commercial
Tapper's Cove, and smaller individual sites are designated as Industrial/Commercial.
The Tapper's Cove site has been designated Industrial/Commercial for the continuation
of the fishing operation. The area is highly visible from Marine Drive across the harbour.
Further development at Tapper's Cove is limited due to the natural topography and
should not detract from the scenic quality of the area.
Policy Statements:
-
The intent of the Industrial/Commercial designat'1on is to permit light industrial
and commercial uses. General 'industr'1al uses may be permitted at the discretion
of Council where they shall not have a detrimental effect on adjacent uses.
Torbay Municipal Plan 2015-2025
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-
Screening and buffering using fences or trees may be required in order to
preserve an attractive appearance.
Proper site layout and buffering shall be
used to prevent or minimize the adverse effects of any proposed development
on adjacent residential uses.
-
Permitted industrial/commercial uses shall be compatible with neighbouring
residential uses in terms of noise, dust, glare, vibration, smell, traffic, and related
factors.
-
Building setbacks shall be established in the Torbay Development Regulations to
lessen the visual impact of buildings and provide space for off-street parking.
-
Access points to a public street shall be limited in number and designed to keep
the street safe and efficient for vehicles and pedestrians.
-
Adequate off-street parking and loading facilities shall be provided.
3.2.5.2
Industrial/Hazardous
The proposed Regional Fire Fighting Training Centre is considered to be an
Industrial/Hazardous use. The site is located off Three Island pond Road in the rural
area of Torbay.
Torbay Municipal Plan 2015-2025
Page 54
Policy Statement:
-
The intent of the Industrial/Hazardous designation is to permit the development
of a Regional Fire Training Centre only. Other uses may be permitted at the
discretion of Council where the use is associated directly with the permitted use.
No other Industrial/Hazardous uses shall be permitted in the Town of Torbay.
3.2.S.3
Industrial/Commercial Comprehensive Development Area
Lands on the west side of Torbay Road are conveniently located near the a·1rport and
major transportation routes and are reserved for future industrial development.
A comprehensive Development plan shall be prepared and approved by Council
before any development ·,s permitted within this area. This plan shall be supported
by documentation which considers all factors relative to development of the site,
including:
-
proposed road reservations and the adequate vehicular access to the site;
-
site drainage to avoid any wet areas;
-
where appropriate, access to Torbay Road, including possible redevelopment of
the properties along Torbay Road;
-
buffering from existing residential development;
-
the location of industrial uses which conflict with residential uses by reason of
noise, odour, etc, shall maintain a safe distance from existing residential uses;
and
-
the St. John's Airport Authority shall be consulted to ensure that no part of a
proposed development wHI interfere with the radar or general operations of the
adjacent airport.
Torbay Municipal Plan 201S-202S
Page SS
3.2.6 Agricultural Development Area
Lands within the municipal planning area which form part of the Agricultural
Development Area (ADA) for the St. John's Urban Region are designated as Agricultural
Development Area on the Future Land Use Map. There are three primary areas: west of
Bauline Line (Connor's farm); west of Torbay By-Pass Road surrounding Axes Por.d; and
east of Torbay Road around Ryan's dairy farm.
Policy Statements:
-
The intent of this designation is to conform to the agricultural development
objectives for the St. John's Urban Region (SJUR) as expressed in the SJUR
Regional Plan and the policies and regulations of the Department of Natural
Resources.
-
Agriculture and
agriculture-related uses
shall
be
permitted within the
Agricultural Development Area (ADA). Other uses which conform to the Rural
policies of this Plan and which are determined by the Land Development
Advisory Authority to have a minimal impact on agriculture shall also be
permitted within the ADA.
The extraction of peat may be permitted as a
mineral-working activity.
Council shall consult with the Land Development
Advisory Authority and the Department of Natural Resources to review
development proposals within the ADA.
-
Existing farming operations in the ADA shall be supported by Council. Due to the
demands on the dwindling land base of the municipal planning area, Council
Torbay Municipal Plan 2015-2025
Page 56
shall further review requests for additional large areas of land for agricultural
use.
-
Camp Carey, a Girl Guide and Boy Scout camp, located on Camp Carey Road, are
within the ADA. Council shall consult with the Department of Natural resources
and the Land Development Advisory Authority to ensure an adequate buffer
between Camp Carey and the agricultural uses and to prevent negative impacts
on Axes Pond by agricultural uses.
3.2.7 Public Use
Lands are designated Public Use to permit government, church, educational and other
uses for general or limited public access. Facilities required to deliver municipal services
to residents, such as the Town Hall, are also within the intent of this designation.
Policy Statements
-
Permitted uses may include schools, churches, gove·rnment offices, and senior
citizens homes. The facilities of community service organizations such as the
Kinsmen club, may also be permitted.
-
An area including the Town Hall and extending east and south is designated
Public Use with the intent that it be developed as a civ·1c and recreation centre.
Torbay Municipal Plan 2015-2025
Page 57
3.2.8
Open Space - Recreational
Lands designated as Open Space - Recreational are for non-building uses such as parks,
playgrounds, outdoor swimming areas, and buildings which are accessory to the open
space uses. Council shall endeavour to reserve land at various places in the Town for
Open Space - Recreational uses.
Policy Statements:
-
In new subdivisions, Council shall require the dedication of a minimum amount
of land for Open Space - Recreational or cash in !ieu of land, to be determined in
the Torbay Development Regulations.
-
The Town shall promote and expand its main recreational site located off the
Bauline Line. The area has an existing softball field soccer pitch and an area
capable of being developed as a recreational camping park.
-
Council shall pursue the development of Camp Carey as a municipal recreational
area within the Agricultural Development Area (See the ADA policy statements.)
Torbay Municipal Plan 2015-2025
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3.2.9
Conservation
The Conservation designation applies to the open undeveloped lands around Torbay
Bight, the shorelines of ponds and wetlands, and the banks of streams.
Lands are designated Conservation to protect important features of the natural
environment, to ensure public access, and maintain the rural character of the Town. In
most cases, these areas are located where municipal services cannot be feasibly
extended.
Policy Statements:
-
No permanent buildings or structures shall be permitted on lands designated for
Conservation Uses, except those necessary for environmental protection (e.g.,
for erosion control).
-
Passive recreational uses such as hiking trails or a small picnic park may be
permitted at Council's discretion.
-
Public access shall be preserved to Conservation areas.
-
Extensive areas of land having slopes in excess of 15 percent are designated
Conservation. Development is not considered feasible on such slopes because of
excessive runoff and erosion and high costs to install and maintain services, and
risk to public safety.
Torbay Municipal Plan 2015-2025
Page 59
-
Sections of the East Coast Trail around the harbour is designated Conservation.
Street access to the East Coast Trail shall be from points such as Spray Lane,
Motion Lane, The Battery, Dodd's Lane, Dunphy's Lane and Gallow's Cove Road.
-
The use of motorized vehicles within the off-road Conservation Zone is strictly
prohibited.
-
The coastal shoreline along Torbay Bight has very steep cliffs, high slopes,
unstable soils, and is an important part of the scenic beauty of Torbay.
To
protect these sensitive lands and the general public, a conservation designation
shall be established along the coastline of the Torbay Bight. In areas of rock face
and cliffs, the shoreline shall be determined at the edge of the cliff.
No
development shall be permitted within this designation. Passive recreation uses
like hiking shall be permitted. Uses associated with the fishery, or the provision
of municipal services and utilities may be permitted.
-
Uses associated with municipal infrastructure such sewerage treatment plants
and outfalls may be permitted at the discretion of Council. Structures shall be
located so as to prevent any negative visual impacts on surrounding areas.
3.2.10
Watershed
The purpose of the Watershed designation is to preserve the water quality of North
Pond, South Pond, and Great Pond as municipal water supplies. The boundaries of the
designation are intended to take in all lands which drain into the ponds.
Torbay Municipal Plan 2015-2025
Page 60
Policy Statements:
-
Uses permitted in the Watershed areas may include passive recreational uses
(eg, hiking, picnicking).
Structures required for erosion control or other
environmental conservation purposes may be permitted.
No form of urban
development shall be permitted. All proposals for development are subject to
approval by the Department of Environment and Conservation, Water Resources
Management Division.
-
No development or activities shall be carried out in the Watershed area which
would adversely affect the water quality.
-
Existing residential uses in the Great Pond Watershed may be required to be
removed if Great Pond is developed as a municipal water supply, ·1n order to
comply with Department of Environment and Conservation standards.
-
Council shall cooperate with the Town of Portugal Cove-St. Philip's to ensure that
no development takes place within the Great Pond Watershed which could
adversely affect water quality.
-
Selective wood harvesting may be permitted within Watershed areas, subject to
approval of the Department of Environment and Conservation.
Maintaining
water quality is the overriding priority.
Torbay Municipal Plan 2015-2025
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3.2.11
Transportation
To ensure an improved road system for the Town, it is necessary to establish a hierarchy
of roads according to their functions. There are three classifications of roads as follows:
-
Arterial roads - intended to function as the principal network for through traffic.
The proposed Torbay bypass for the Town shall be considered as an Arterial
Road.
-
Collector Roads - link local roads with arterials and carry traffic from town to
town, as well as local traffic within town. Access should be properly planned
with limited on-street parking allowed. The collector roads are Torbay Road,
Bau line Line, Marine Drive and Indian Meal Line.
-
Local Roads - all other roads in the town are considered as local roads and serve
adjacent properties and generally, are not used as through traffic. The width of
pavement and the provisions of sidewalks should be related to the volume of
traffic.
Policy Statements:
-
Access from individual properties onto an arterial road such as the proposed
Torbay By-pass road, is prohibited in order to preserve the efficiency of the
roads. Access shall be limited to public road intersections as designated by the
Department of Transportation and Works to ensure free flow of traffic. For new
residential development, new individual access will be prohibited. Pedestrian
Torbay Municipal Plan 2015-2025
Page 62
traffic may be accommodated along arterial roads with sidewalks and crossing
controls.
-
Collector roads link local roads with arterials and carry traffic from town to town,
as well as local traffic within town. Access points should be properly planned.
Limited on-street parking may be allowed. The collector roads are Torbay Road,
Bauline Line, Marine Drive and Indian Meal Line.
-
A sidewalk should be constructed on at least one side of Torbay Road, in the area
from Holy Trinity Church and elementary school to Gosse's Bridge.
-
The remainder of the roads shown on the Future Land Use map are local roads.
The speed and volume of traffic on local roads shall be kept at a safe level by
means of traffic signs and proper design for streets and intersections. Cul de
sacs or dead-end roads shall be provided with an adequate space where vehicles
can turn around.
-
Adequate off-street parking shall be required for all uses of land in the Planning
Area. This will include parking for owners, residents, employees, visitors, and
customers, as appropriate, with parking standards to be established in the
Torbay Development Regulations.
In developed areas such as Torbay Road,
additional off-street parking may be provided gradually through redevelopment.
Torbay Municipal Plan 2015-2025
Page 63
3.2.12
Rural
The remaining lands within the Torbay Planning Area are designated Rural.
No
development shall be permitted on land within this designation except those associated
with agriculture, forestry, mineral workings, outdoor recreation, resource conservation,
or other uses as may be outlined in this Municipal Plan.
Activity concerning electric power transmission, other public utilities or road
construction and maintenance, consistent with the objective of retaining the qualities of
the rural environment, may be permitted.
Policy Statements:
-
Uses permitted within the Rural areas may include forest harvesting, silviculture,
agriculture, aggregate extraction, fishing, and recreation.
Activity concerning
electric power transmission, other public utilities, or road construction and
maintenance, consistent with retaining the qualities of the rural environment,
may be permitted.
-
Uses that may be allowed at the discretion of Council include industrial activity
associated with the resource base. This will apply particularly to uses that need
to be located close to raw material supplies or for some other reason cannot be
located close to the built up Town.
-
Uses such as a Place of Worship in the form of buildings associated with burials
and cemeteries may be allowed at the discretion of Council.
Torbay Municipal Plan 2015-2025
Page 64
-
Residential uses in the Rural area will not be permitted except as accessory to
the permitted
uses, where residences may be
allowed
under limited
circumstances at the discretion of Council.
-
New cottage development shall not be permitted in the Rural area, in keeping
with policies of the St. John's Urban Region Regional Plan. Conversion of existing
cabins to permanent dwellings shall not be permitted unless the cabins are
included within the Residential designation. This is to prevent premature urban
expansion and demand for services in rural areas.
-
The Rural area contains forests which provide a long-term domestic wood
supply, recreational opportunities, and wildlife habitat. It is important that this
resource be well managed. This Plan will support initiatives of the
Department of Natural Resources to manage the forests for continued use by
the public during and beyond the planning period.
-
Aggregate extraction may be permitted in the Rural area. Proposed operations
shall be evaluated in conjunction with the Department of Natural Resources and
the Department of Environment and Conservation.
-
Council shall ensure that aggregate mining will have minimal impact upon
adjoining land uses, particularly the visibility of gravel pits.
Buffering and
screening may be required to minimize dust and noise.
Open pits shall be
rehabilitated by the operator prior to abandonment.
Torbay Municipal Plan 2015-2025
Page 65
4.0
IMPLEMENTATION
The Municipal Plan will be implemented over the ten-year planning period through the
decisions of Council and agencies such as the Department Transportation and Works,
Department of Natural Resources, Department of Municipal Affairs and the Department of
Environment and Conservation. Of particular importance to Council are the following:
-
Effective administration of the Plan;
-
The adoption of a five year capital works budget;
-
adopting Land Use Zoning, Advertisement and Development Regulations
-
adopting Development Schemes and plans of subdivision, and
-
The procedure for considering future Amendments to the Plan.
4.1
Plan Administration
For the purposes of administering the Plan, the Future Land Use Map shall be read only
in conjunction with the Goals, Objectives and Policies outlined in this document. All
development applications will be carefully evaluated as to their conformity to the Plan.
The full conformity of all proposals to the Plan shall be required by Council.
The boundaries between land uses designations are meant to be general, except where
they coincide with roads or other prominent physical features, where they are intended
to define the exact limits.
It is intended that no amendment to this Plan shall be
required to permit minor adjustments to these boundaries.
Other than such minor
changes, no development shall be permitted that does not conform to this Plan.
Torbay Municipal Plan 2015-2025
Page 66
All persons wishing to develop land for any purpose within the Torbay Municipal
Planning Area shall apply to Council for permission through the established procedure.
Council may approve applications with or without conditions. The appeal of all Council
decisions to the Regional Appeal Board shall be permitted.
Prior to the major development of land within the Planning Area, a development
agreement may be required, which will be signed by both the developer and the
Council. This agreement shall establish the conditions under which development may
proceed and shall be binding to both parties. Conditions governing developments may
also be enforced by being attached to the development permit.
Nothing in this Plan shall affect the continuance of land uses which are lawfully
established on the date that the Plan is adopted by Council.
4.2
Plan Implementation
The preparation, adoption and approval of the Torbay Municipal Plan represent only a
part of the planning process.
The Plan cannot implement itself and can be functional
and effective only through Council's actions and efforts to carry it out.
In order to implement this Plan, Council must take the necessary action, as required by
the Urban and Rural Planning Act 2000 outlined below:
-
control future development by enforcing the Torbay Development Regulations
and the policies of this Plan;
-
undertake the capital works program on a progressive basis geared to the
available resources of the community and financial assistance from the
provincial government;
-
make necessary amendments to the Plan if conditions of the community change,
and
-
undertake a review of the Plan every five years.
-
-
Torbay Municipal Plan 2015-2025
Page 67
4.3
Development Regulations
To implement this Plan, Council shall prepare and adopt Development (Land Use Zoning,
Subdivision and Advertisement) Regulations on the basis of this Plan. These regulations
are intended for Council's control over future use of land and development within the
Planning Area and they outline land use zoning, development standards and application
procedures necessary to implement this Plan .
4.4
Development Control
The Plan is a legal document which is binding upon all persons, groups, or organizations,
including the municipal Council. Council shall exercise proper control over development
within the Planning Area in accordance with this Plan and the Development (Land Use
Zoning, Subdivision and Advertisement) Regulations.
All persons wishing to develop land for any purpose within the Planning Area shall apply
to Council for permission on the prescribed application form(s) and shall submit a
detailed plot/sketch plan of the proposal indicating the location and dimensions of the
land and of the development. Council shall examine the application on the basis of the
Development Regulations, which reflect the policy of this Plan, may approve the
application, approve it with conditions, or refuse it.
An applicant who receives a refusal decision from Council on a development application
may appeal that decision to the Eastern Regional Appeal Board.
Development in areas under the control of Council as well as other government
departments will be referred to the concerned departments for review.
Torbay Municipal Plan 2015-2025
Page 68
4.5
Municipal Capital Works and Municipal Services
In order to properly implement the goals and objectives of the Plan, an annual public
works program will be adopted and implemented by Council. This will include a financial
overview and preparation of a "Financial Evaluation for Municipal Capital Works
Projects" which outlines proposed capital works to be undertaken by Council over a
seven year period, subject to the availability of government funding.
The Town of Torbay provides the usual municipal services (water and sewer, road
construction and maintenance, snow clearing, street lighting, garbage collection,
volunteer fire brigade and recreational sites. The Town's major service expenditures are
the water and sewer systems, followed by road construction and re-surfacing.