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March 20, 2010
TOWN OF VICTORIA MUNICIPAL PLAN
2010
URBAN AND RURAL PLANNING ACT
RESOLUTION TO ADOPT
TOWN OF VICTORIA MUNICIPAL PLAN 2010
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the
Town Council of Victoria adopts the Victoria Municipal Plan 2010.
Adopted by the Town Council of Victoria on the ____ day of ____________, 2010.
Signed and sealed this _____ day of ____________, 2010.
Mayor:
______________________
Art Burke
Clerk:
______________________
Sharon Snooks
CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that the attached Municipal Plan has been prepared in accordance with the
requirements of the Urban and Rural Planning Act 2000.
MCIP:
Arvo McMillan
URBAN AND RURAL PLANNING ACT
RESOLUTION TO APPROVE
TOWN OF VICTORIA
MUNICIPAL PLAN 2010
Under the authority of section 16, section 17 and section 18 of the Urban and Rural
Planning Act 2000, the Town Council of Victoria:
a)
adopted the Victoria Municipal Plan 2010 on the _______day
of___________, 2010.
b)
gave notice of the adoption of the Victoria Municipal Plan 2010 by
advertisement inserted on the______ day of _________, 2010 and the
______ day of ________, 2010 in the Compass newspaper.
c)
set the ______ day of ________, 2010 at _______ p.m. at the Town Hall,
Victoria for the holding of a public hearing to consider objections and
submissions.
Now under section 23 of the Urban and Rural Planning Act 2000, on the ____ day
of ________, 2010 the Town Council of Victoria approves the Victoria Municipal Plan 2010.
SIGNED AND SEALED this ______ day of __________ , 2009
Mayor:
_____________________
Art Burke
Clerk:
_____________________
Sharon Snooks
TABLE OF CONTENTS - 1
1
INTRODUCTION - THE PLAN AND DEVELOPMENT REGULATIONS
.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 1
2
BACKGROUND AND DEVELOPMENT ISSUES. . . . . . . . . . . . . . . . . . .
Page 3
3
MUNICIPAL PLAN OBJECTIVES AND POLICY INITIATIVES. . . . . . . .
Page 7
3.1
OBJECTIVES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 7
3.2
POLICY INITIATIVES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 7
4
LAND USE POLICIES.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 8
4.1
GENERAL DEVELOPMENT POLICIES. . . . . . . . . . . . . . . . . . . . .
Page 8
4.1.1 Future Land Use Designations and Policies.. . . . . . . . . . . .
Page 8
4.1.2 Accessory Buildings and Uses. . . . . . . . . . . . . . . . . . . . . . .
Page 8
4.1.3 Advertisements and Signs. . . . . . . . . . . . . . . . . . . . . . . . . .
Page 8
4.1.4 Agriculture and Livestock. . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 9
4.1.5 Archaeological Resources. . . . . . . . . . . . . . . . . . . . . . . . . .
Page 9
4.1.6 Compatibility of Uses, Buffers and Screening. . . . . . . . . . .
Page 9
4.1.7 Comprehensive Development. . . . . . . . . . . . . . . . . . . . . . .
Page 9
4.1.8 Development and Roads and Services. . . . . . . . . . . . . . .
Page 10
4.1.9 Discretionary Powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 11
4.1.10
Discretionary Uses.. . . . . . . . . . . . . . . . . . . . . . . . .
Page 11
4.1.11
Environment.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 12
4.1.12
Forestry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 12
4.1.13
Heritage Buildings and Areas. . . . . . . . . . . . . . . . .
Page 12
4.1.14
Mineral Exploration . . . . . . . . . . . . . . . . . . . . . . . . .
Page 12
4.1.15
Mineral Workings.. . . . . . . . . . . . . . . . . . . . . . . . . .
Page 13
4.1.16
Parking and Offstreet Loading Areas.. . . . . . . . . . .
Page 13
4.1.17
Pedestrian Access, Trails and Walkways, Persalvic School &
Cross-Roads. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 13
4.1.18
Site and Subdivision Development. . . . . . . . . . . . .
Page 14
4.1.19
Uses Permitted In All Designations. . . . . . . . . . . . .
Page 14
4.1.20
Waterways and Wetlands, Big Brook (Salmon Cove River)
.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 15
4.1.21
Wind Mills, Wind Turbines and Wind Farms, Other Energy
Sources. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 17
4.2
RESIDENTIAL DESIGNATION.. . . . . . . . . . . . . . . . . . . . . . . . . .
Page 17
4.3
MIXED DEVELOPMENT DESIGNATION. . . . . . . . . . . . . . . . . . .
Page 17
4.4
HERITAGE DESIGNATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 18
4.5
OPEN SPACE RECREATION DESIGNATION. . . . . . . . .
Page 18
4.6
RURAL DESIGNATION. . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 18
4.7
ENVIRONMENTAL PROTECTION DESIGNATION. . . . .
Page 19
TABLE OF CONTENTS - 2
4.8
DESIGNATED FLOODWAY AND HISTORIC FLOOD DESIGNATIONS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 19
4.9
PROTECTED PUBLIC WATER SUPPLY DESIGNATION. . . . . .
Page 20
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 20
Maps: Future Land Use Maps 1 and 2 and Municipal Plan 2010 Background Map.
TOWN OF VICTORIA
MUNICIPAL PLAN 2010
1
INTRODUCTION - THE PLAN AND DEVELOPMENT REGULATIONS
This Municipal Plan for the Town of Victoria has been prepared in accordance with
the provisions of the Urban and Rural Planning Act 2000 of Newfoundland and
Labrador. It is accompanied by the Town of Victoria Development Regulations
which provides the land use controls necessary to implement certain land use
policies of this Municipal Plan.
The Urban and Rural Planning Act requires that a review be carried out every five
years in order to ensure that, at a very minimum, a plan and its regulations are up
to date and in compliance with the latest provincial policies and standards.
The Victoria Municipal Plan contains goals and land use policies approved by Town
and registered by the Minister of Municipal Affairs. The Municipal Plan is binding
upon Town and upon all other persons, corporations and organizations within the
Victoria Municipal Planning Area.
In order to implement the Municipal Plan, the Victoria Development Regulations
2010 was approved and registered at the same time as the Victoria Municipal Plan
2010. The provisions of the Development Regulations set out the requirements for
variances and non-conforming uses among other matters. Included with the Victoria
Development Regulations is Newfoundland Regulation 3/011 - Development
Regulations under the Urban and Rural Planning Act 2000.
Policies and regulations under the Municipal Plan and Development Regulations
must comply with all applicable Provincial and Federal regulations. Prior to adoption
by the Town under the Urban and Rural Planning Act, the Department of Municipal
Affairs reviews the Plan and Regulations to "to determine provincial and other
government agency interests. . . ." (Section 15(3) of the Urban and Rural Planning
Act)
Development schemes, design concepts, comprehensive plans, subdivision
agreements and concept plans, further implement the Municipal Plan and
Development Regulations with more detailed designs, design strategies and policies
for roads and other facilities, and development.
The boundaries between the different land use designations in the Municipal Plan
are meant to be general, except in the case of roads or other prominent physical
features, where they are intended to define the exact limits of each category.
Therefore, where necessary, minor adjustments may be made to these boundaries
for the purpose of implementing the Plan or the Development Regulations.
Town of Victoria
Municipal Plan 2010
Page 2
Furthermore, the Municipal Plan is implemented through and in turn, implements
in part, the Integrated Community Sustainability Plan as set out in the Appendix to
this Municipal Plan. The Integrated Community Sustainability Plan can be amended
and updated without amendment to the Municipal Plan.
Section 13, clauses (2) and (3), of the Urban and Rural Planning Act 2000 states:
(2)
A plan shall
(a)
include a statement of the objectives of the plan;
(b)
indicate the policies to be implemented under the plan;
(c)
divide land into land use classes and the use that may be made in
each class and shall include prohibited uses of land;
(d)
include proposals for land use zoning regulations;
(e)
include proposals for the implementation of the plan;
(f)
provide provisions with respect to non-conforming uses; and
(g)
provide for the development of the planning area for a 10 year period.
(3)
A plan may, with respect to a planning area
(a)
describe and determine the physical, economic and social
environment;
(b)
describe existing and proposed transportation networks and proposed
networks of streets;
(c)
establish areas for comprehensive development;
(d)
propose the phasing in of development;
(e)
establish a program of public works;
(f)
provide for the protection, use and development of environmentally
sensitive lands;
(g)
provide for storm water control and erosion control;
(h)
provide for the protection, use and development of natural resources
and for the prevention of natural resource development with
incompatible negative impacts;
(I)
provide for the excavation, filling in or reclamation of land;
(j)
provide for the non-removal of trees and vegetation and for other
environmental matters including requiring that environmental studies
be carried out prior to undertaking specified developments;
(k)
provide for the height and siting of developments;
(l)
provide for the use and conservation of energy;
(m)
provide for and recommend the attraction, location, development and
diversification of economic activity;
(n)
provide for garden suites and back lot development;
Town of Victoria
Municipal Plan 2010
Page 3
(o)
establish locations, provisions for and policies with respect to housing
and facilities for senior citizens; and
(p)
make other proposals, that in the opinion of the council or regional
authority are necessary.
2
BACKGROUND AND DEVELOPMENT ISSUES
The Town of Victoria is located on the east coast of Newfoundland, west of
Conception Bay. Victoria is approximately 51 km from the Trans Canada Highway
(TCH) and 114 km from St. John's.
The Municipal Planning Area of Victoria, 94.5 square kilometres in area, includes
the Town, 21.5 square kilometres in area, and the Town's Protected Public Water
Supply Area of the Rocky Pond system, which flows into the Town by way of Spout
Brook at the Power House. Almost the entirety of the Water Supply Area lies
outside the Town boundary.
This watershed also supplies the water for the Victoria Hydro Electric Station owned
and operated by Newfoundland Power, which is also Registered Historic Site.
The 2006 Census population for Victoria was 1,765. This represents a decline of
2.2% since 2001. The 2006 Census population for Economic Zone 17 - Mariner
Resource Opportunities Network Inc. was 39,850. This represents a decline of 2.7%
since 2001.
Over the same period, the entire province experienced a population decline of 1.5%
since 2001 (505,470 in 2006, down from 512,930).
Victoria is a residential community. The feasibility study that was carried out in 2007
regarding the amalgamation of Victoria and Salmon Cove demonstrated that
Victoria has a very low ratio of commercial assessment to residential assessment
compared to certain other communities in its general size range.
Given that it is next to the Town of Carbonear, the regional service centre for
Conception Bay North, Victoria is going to remain a residential community with a
few businesses along Highway 70 - the Conception Bay North Highway.
More information about the Town is set out in the Victoria Municipal Plan 2010
Background Report.
Town of Victoria
Municipal Plan 2010
Page 4
DEVELOPMENT ISSUES
The key issues that emerged during discussions and consultations about the
Municipal Plan are as follows:
#
The Town will continue to develop as a residential community with the bulk
of the new housing occurring on the north and south sides of Main Street
East (Highway 70).
One of the issues emerging out of this subdivision development is to ensure
that new developments are coordinated with each other so that an efficient
internal street network is developed for servicing, maintenance and traffic
flows and that adequate public recreational open space is provided.
#
Victoria is a 'green community' as one person noted during the consultations.
Trees, trails and streams and ponds form part of this 'green community'.
Public access to water-bodies must be retained, and if necessary, provided
through acquisition and/or when approving major developments and
subdivisions. Public access to Beaver Pond is of particular concern, since a
trail around the pond would complement the Town's trail system currently
under development. Forest Pond is not deemed to be suitable for this
purpose.
The overall development of the Town will and must build upon its trail
networks and attractive 'green' appearance in a way that is environmentally
sustainable.
#
Pedestrian safety and access around Persalvic School and at the crossroads
area around the intersection of Highways 70 (Conception Bay North
Highway) and 74 (Heart's Content and Trinity Bay) was another important
area of concern.
The Persalvic School pedestrian access and safety issue needs to be
clarified and the appropriate solutions developed in cooperation with the
Department of Transportation and Works. This has to be put into the broader
of context of pedestrian and vehicular traffic along the two highways.
The cross-roads area matter includes the pedestrian/vehicular traffic issue
raised in the preceding paragraph, but also brings into focus the larger issue
of developing a plan for a focal point in Victoria at the cross-roads area, as
one person phrased it - a 'town square' type of approach entailing a fully
thought out, community involvement approach to researching the issues and
developing a plan that would develop this focal point in the Town -
recognizing that while they are the Town's 'main streets', they are also
provincial highways leading north up Conception Bay and west to Trinity Bay.
Town of Victoria
Municipal Plan 2010
Page 6
SECTIONS 3 AND 4
VICTORIA MUNICIPAL PLAN
OBJECTIVES AND POLICIES
Town of Victoria
Municipal Plan 2010
Page 7
3
MUNICIPAL PLAN OBJECTIVES AND POLICY INITIATIVES
3.1
OBJECTIVES
These objectives are meant to provide a framework for the Policies contained in
Section 4 of the Municipal Plan.
Recognizing that Victoria is primarily a residential community, the main objective of
the Municipal Plan is to foster the development of the Town's social and economic
well-being in a way that is socially, economically and environmentally sustainable
through policies that will help sustain a residential community which accommodates
different housing needs in an attractive setting.
While maintaining its residential focus, the Town will also encourage business
development that suits the character of Victoria.
Beyond the urban limits of the Town, the focus shall be on protecting the rural
character of this area, and ensuring the protection of the Town's water supply and
existing agricultural and forestry operations and resources.
3.2
POLICY INITIATIVES
The policies which will carry out the objectives and policies of the Municipal Plan
include:
#
The Integrated Community Sustainability Plan set out in the Appendix;
#
Land Use policies that establish the conditions of development, including
allowable land uses under each designation, which are reflected in the
Development Regulations. These area based policies (designations which
appear on the Future Land Use Maps) are designed to implement the basic
objectives of the Municipal Plan in such a manner as to accommodate
change over the life of the Plan without costly and time-consuming
amendments to the Plan itself;
#
Local area plans for selected parts of the community - such as around the
Cross-Roads Area (Highways 70 and 74) and Persalvic School;
carried out by Council, Town Staff, and by engaging the community, groups and
individuals, governmental and non-governmental partners, in developing and
carrying out the objectives and policies of the Municipal Plan and ICSP.
Town of Victoria
Municipal Plan 2010
Page 8
4
LAND USE POLICIES
4.1
GENERAL DEVELOPMENT POLICIES
4.1.1 Future Land Use Designations and Policies
All development within the Victoria Planning Area shall be managed in accordance
with the general land use policies and designations set out in the ensuing sections.
These designations are shown on the Future Land Use Maps.
To identify land for the future development needs of Victoria, the following land use
designations are established in the Plan and designated on Future Land Use Maps:
a)
Residential
b)
Mixed Development
c)
Heritage
d)
Open Space Recreation
e)
Rural
f)
Environmental Protection
g)
Designated Floodway and Historic Floodway
h)
Protected Public Water Supply
4.1.2 Accessory Buildings and Uses
Accessory buildings and uses shall be subject to the conditions set out in this
Municipal Plan and the Development Regulations.
Residential accessory buildings shall be clearly subsidiary to the main or principal
dwellings on a lot.
An accessory use is defined under Newfoundland Regulation 3/01 - Development
Regulations under the Urban and Rural Planning Act, 2000 as "a use that is
subsidiary to a permitted or discretionary use and that is customarily expected to
occur with the permitted or discretionary use."
4.1.3 Advertisements and Signs
Advertisements and signs shall, while complying with requirements for safety and
convenience and promoting the businesses and resources of Victoria, be designed
and located in such a way as to contribute to the overall attractiveness of Victoria.
Town of Victoria
Municipal Plan 2010
Page 9
4.1.4 Agriculture and Livestock
Agricultural uses shall be approved by both the Department of Natural Resources
and the Town, together with other appropriate agencies.
Higher intensity livestock and related agricultural uses shall be separated by an
adequate buffer between existing and proposed residential developments. These
agricultural uses shall conform to Provincial Government policies and guidelines
with respect to such operations.
The Town may regulate the keeping of large (horses, cattle) and small (ducks,
chickens, and so forth) livestock whether or not the owner deems these to be pets,
on a property.
4.1.5 Archaeological Resources
Archaeological sites and discoveries are protected under the Historic Resources
Act, 1985. If such a site is discovered, development shall stop and the Provincial
Archaeology Office of the Department of Tourism, Culture and Recreation
consulted. Also, if any major development is proposed, this Office shall be advised
before an approval is granted by the Town so that the necessary research can be
carried out before construction begins.
4.1.6 Compatibility of Uses, Buffers and Screening
Town shall ensure as much as possible that new development will not negatively
affect existing and proposed land uses by creating a hazard or nuisance such as
noise, dust, odour or unsightly appearance. Town may require a developer to
provide appropriate screening or to undertake other measures to minimize negative
off-site effects.
4.1.7 Comprehensive Development
The Town may permit a large scale private or public comprehensive development
that except for land use and overall density does not meet the requirements of the
Development Regulations and this Municipal Plan provided that:
a)
the Town is satisfied that either the site conditions are such that the standard
requirements could not be met, or, the quality of the development would be
Town of Victoria
Municipal Plan 2010
Page 10
greater than could otherwise occur through the application of the standard
requirements;
b)
a comprehensive development plan of the property has been granted
approval in principle by the Town, along with other approvals before permits
are issued for development;
c)
the comprehensive development itself has frontage on a publicly owned and
maintained road;
d)
the development is compatible with adjacent development;
e)
water supply and waste disposal services for the development are approved
by the Town, the Government Service Centre and other appropriate
agencies;
f)
there are at least two developments within the comprehensive development
and the land area of the development is at least one hectare.
Along with other conditions and requirements, the Town may require that a
communal water supply and waste disposal service be provided by the developer
and maintained by the developer and/or owners of the development.
4.1.8 Development and Roads and Services
New development shall make efficient use of existing roads and infrastructure.
Town shall further ensure that new development will not create unreasonable
servicing demands or costs.
The Town may refuse permission for a subdivision or any development where in its
opinion it is uneconomical to provide the requisite services, including road
maintenance, garbage pickup and fire protection.
In remote areas, and areas outside the Limit of Servicing Agreement if development
is permitted, the Town is not obliged to provide any municipal services including
those set out in the preceding paragraph.
Development on private water and/or waste disposal systems shall be approved by
the Department of Government Services and all other appropriate agencies before
a permit is issued by the Town.
Town of Victoria
Municipal Plan 2010
Page 11
Unless specifically exempted under the Development Regulations - for example,
comprehensive development, remote cottages, agricultural operations or wharves
- all new development shall have direct frontage onto a publicly owned and
maintained road, and in the case of a new subdivision, shall have frontage on a
road constructed under the terms of a subdivision permit issued by the Town.
4.1.9 Discretionary Powers
Under the Urban and Rural Planning Act [Section 35 (1) (e) (viii)] and this Municipal
Plan and the Development Regulations, the Town can exercise broad discretionary
powers over development to ensure that development occurs in such a way as to
protect the basic interests of the community and individual in accordance with the
other provisions of this Municipal Plan and in accordance with the applicable
legislation.
Discretionary powers are exercised over a wide range of developments, including
discretionary uses, non-conforming uses, variances and developments which under
the Act and in the opinion of the Town require the exercise of such powers.
The criteria for exercising discretionary powers under this plan are as follows:
a)
the applicant and the likely affected parties and the general public and other
persons or agencies (provincial, federal, non-profit, etc.) are given adequate
notification and opportunity to comment on the application and the decision
of the Town;
b)
the discretionary power is exercised in a clear and fair (unbiased) manner;
c)
the exercise of the discretionary power is properly documented.
4.1.10
Discretionary Uses
Unless it is specifically set out as a permitted or discretionary use under the
Municipal Plan, the Town may determine that a use should be identified as
a discretionary use under the Development Regulations, where, in its opinion:
a)
the use could have a negative impact on the predominant uses of the
zone and therefore it is desirable to consult with the public and
possible affected parties prior to issuing, issuing subject to conditions,
or refusing a permit;
Town of Victoria
Municipal Plan 2010
Page 12
b)
that to ensure that the discretionary use is compatible with nearby
uses and/or the predominant uses of the zone, it is necessary to
attach conditions to an approval that differs from the standard
conditions for permitted uses under the Development Regulations.
4.1.11
Environment
In reviewing an application for a permit, the impact of a development on the
land, marine and air environment of the Planning Area shall be considered
and Provincial policies on the environment complied with.
A number of these issues are addressed under separate sections of the
Municipal Plan.
4.1.12
Forestry
Forestry uses shall be approved by both the Forestry Services Branch of the
Department of Natural Resources and the Town, together with other
appropriate agencies.
4.1.13
Heritage Buildings and Areas
The Town under this Municipal Plan and the Municipalities Act may
designate other heritage sites, and, define a heritage area under which the
design of buildings shall be controlled in order to maintain the character of
the heritage area.
The Heritage Designation (Section 4.4) is applied to a cluster of buildings
and facilities off Power House Road - Heritage Village, the Victoria Lifestyles
Museum and the Newfoundland Power Electrical Museum (a registered
Heritage Building).
4.1.14
Mineral Exploration
(1)
Subject to the other provisions of this Municipal Plan, mineral
exploration which is not classed as development by virtue of not
having appreciable soil disturbance, construction of access roads,
noise, odour and unsightly appearance - can be permitted anywhere
in the Planning Area, provided that adequate notification is provided
to the Town.
Town of Victoria
Municipal Plan 2010
Page 13
(2)
Mineral exploration which is classed as development shall be
permitted in the Agriculture designation, and is treated as a
discretionary use in all other zones, provided that adequate provision
is made for buffering and/or other means of reducing or eliminating
the impacts of the exploration on other uses of land.
Where there is soil disturbance, the developer shall provide surety
and/or other satisfactory guarantees of site landscaping to the Town.
4.1.15
Mineral Workings
Provided that adequate provision is made for screening and/or buffering,
environmental protection and site reinstatement, mineral workings may be
permitted in the Agriculture designation.
A permit shall be obtained from the Department of Natural Resources,
Mineral Lands Division for a mineral working before any approvals are given
by the Town.
4.1.16
Parking and Offstreet Loading Areas
Adequate parking and offstreet loading areas shall be provided for all uses
unless specifically exempted under the Development Regulations.
4.1.17
Pedestrian Access, Trails and Walkways, Persalvic School & Cross-Roads
There is a network of well-recognized and less well-recognized trails in the
Town of Victoria, including the Boardwalk and portions of the Track.
Also, the shoulders of Highway 74 and in particular, Highway 70, are heavily
used by pedestrians, and so the highway shoulders must be considered part
of the pedestrian access system of the Town.
(1)
As part of its approach to sustainability the Town will continue to
develop and improve its trail network and with the assistance of the
Provincial government endeavour to make the highways safer and
more useful for pedestrians.
(2)
The Town will proceed with the completion of the Boardwalk, and
endeavour to provide a trail system along the shoreline of Beaver
Pond.
Town of Victoria
Municipal Plan 2010
Page 14
(3)
The Town in cooperation with the Province and other partners will
endeavour to ensure that pedestrians, including school-aged
children, can safely access community facilities, businesses and
Persalvic School. Adequate provision should be made for safe
pedestrian access along Highway 70 - particularly in the vicinity of
Persalvic School and between Clarke's Brook and Salmon Cove River
('Cross-Roads Area'). The Department of Transportation and Works
and the Town, must work to develop a strategy that will provide
adequate space for pedestrians and well-lit and safe pedestrian
crossings.
(4)
Cross-Roads Area - With a view to developing a 'town square plan'
that will provide an attractive focal point and landmark in the
community Council will examine the feasibility of a design plan for the
Cross-Roads area through a public and stakeholder consultation
process backed up by research. If warranted the design plan will be
prepared and implemented.
(5)
Trail Buffers - Wherever space and terrain characteristics allow, the
appearance and use of well-known trails shall be protected by natural
vegetation buffers that separate the trail and other forms of
development and from hazard areas and areas subject to erosion.
The minimum trail corridor dimensions shall be set out in the
Development Regulations. However, wherever feasible the minimum
width of a trail corridor shall generally be 30 metres, 15 metres in
either direction from the centre-line of the trail. Where necessary, this
minimum corridor width can be expanded.
4.1.18
Site and Subdivision Development
The Town shall consider soil stability, risk of flooding, and/or soil erosion,
the adequacy of site grading, drainage and landscaping, and, the potential
of the development to cause erosion onto and pollution of adjacent
development and lands and bodies of water receiving run-off from the site,
and other similar matters, before approving a development.
4.1.19
Uses Permitted In All Designations
Except as otherwise set out in this Municipal Plan, accessory buildings and
uses, antenna, conservation, mineral exploration, public utilities and
recreational open space and trails are allowed in all designations as either
Town of Victoria
Municipal Plan 2010
Page 15
permitted or discretionary uses.
4.1.20
Waterways and Wetlands, Big Brook (Salmon Cove River)
(1)
Development within waterways and wetlands is subject to this Section
and all relevant provincial and federal policies and statutes, including
Department of Environment and Conservation Policy Directives W.R.
97-1, Development in Shorewater Zones and 97-2, Development in
Wetlands. Where there is a conflict between the Policy Directives and
this Regulation, the more restrictive standards shall apply.
(2)
The minimum width of a buffer along a waterway or wetland shall be
15 metres from the highwater mark, or 1 in 100 year flood zone, of the
stream, river, pond or other body of water or wetland.
(3)
If the toe of an embankment with an average slope of 30% or more
lies within 15 m of the highwater mark, or 1 in 100 year flood zone of
the waterway, then the buffer shall be measured from the top of the
embankment.
(4)
Subject to the approval of the Department of Environment and
Conservation and the Town, the only uses that can be permitted in
the buffer area of a waterway are roads, driveways, public utilities,
recreational open space and trails and uses requiring direct access
to a body of water, such as wharves and docks and other marine
related uses.
(5)
Development, and this includes placing fill or other materials, within
a waterway and the buffer area of a waterway is subject to the
approval of the Town, the Provincial Government, and where
necessary, the Government of Canada.
(6)
The Town or the Provincial Government may subject development
within the buffer area of a watercourse to an environmental review,
and may approve, approve subject to conditions, or refuse such
development. The matter of adequate and usable legal public access
to the waterway shall be a consideration in the review of an
application for a structure within a buffer and/or waterway.
(7)
Any development within a body of water or involving the alteration of
a body of water must be approved by or exempted by the Department
of Environment and Conservation for Crown Lands and referrals,
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Municipal Plan 2010
Page 16
Coast Guard Canada of the Department of Fisheries and Oceans -
Navigable Waters Act, Fish Habitat Division of the Department of
Fisheries and Oceans and/or, the Water Resources Division of the
Department of Environment and Conservation before a permit is
issued by the Town.
Development within a buffer is subject to the approval of the Water
Resources Management Division of the Department of Environment
and Conservation, Department of Fisheries and Oceans Canada and
where applicable, the Government Service Centre of the Department
of Government Services.
(8)
Big Brook (Salmon Cove River) - Any activity that has the potential to
affect fish habitat, and any development within 100 metres of the Big
Brook shall be forwarded to Fisheries and Oceans Canada for review.
(9)
Wetlands can only be developed in such a way as to minimize
damage and impacts on the hydrology and environment of the area.
(10)
Any development within a wetland or the buffer of a wetland shall
require the approval of the Minister of Environment and Conservation
as well as the Town whether or not that wetland is zoned
Environmental Protection under the Development Regulations.
(11)
If a waterway or wetland is deemed to be minor, wherever possible
such waterways and wetlands shall remain undeveloped and
protected by a buffer. If a site is to be developed, alternatives to
covering over or eliminating such waterways and wetlands shall be
explored, including relocation of the waterway or wetland and/or
redesign of the development.
a)
A minor waterway is defined as being a drainage course, an
intermittent stream which does not carry significant storm flows
and/or a stream which is not a fish habitat.
b)
A minor wetland is defined as a wetland less than 5,000
metres in area not associated with a waterway and not
deemed have a role in water management, wildlife habitat or
the conservation of an environmentally sensitive area.
4.1.21
Wind Mills, Wind Turbines and Wind Farms, Other Energy Sources
Utilities, which include wind mill, wind turbines, wind farms, and other energy
generating systems that do not fall under the definition of a public utility,
together with access roads and associated facilities, are subject to the
approval of relevant provincial and federal departments and agencies and
public utilities. The design and location of such utilities shall take into
consideration their impact on nearby land uses and persons, the
environment and archaeological resources within the Town, along with other
matters that the Town may deem to be significant. For example, to prevent
damage to persons and properties due to the failure of windmill or any of its
components or the shedding of ice, the Town shall ensure that there is
adequate separation distance between the windmill and nearby structures
and properties.
The design, construction and location of a windmill or other utility shall be
certified by a competent professional who has consulted with the required
agencies.
4.2
RESIDENTIAL DESIGNATION
The Residential Designation is applied to areas that are almost exclusively
comprised of single dwellings and/or that are proposed for residential subdivisions.
In addition to single dwellings, other uses that can be entertained as permitted or
discretionary uses include apartment buildings, double dwellings, green houses
(agriculture use), home businesses, mobile homes, row dwellings and non-
residential uses that are deemed to be compatible with the residential uses.
See also Section 4.1.19 - Uses Permitted In All Designations.
Except where it is unfeasible or not desirable, all development in this designation
shall be connected to municipal water and sewer services. The uses in the
unserviced portions of the designation shall be restricted to almost entirely single
dwellings and mobile homes.
4.3
MIXED DEVELOPMENT DESIGNATION
The Mixed Development Designation of land shall mean that the predominant use
of the land in the areas so designated is residential. Non-residential uses, including
green houses, compatible indoor and outdoor assembly (including campgrounds),
commercial, light industrial and public uses - can be allowed as either permitted or
discretionary uses.
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Municipal Plan 2010
Page 18
See also Section 4.1.19 - Uses Permitted In All Designations.
Except where it is unfeasible or not desirable, all development in this designation
shall be connected to municipal water and sewer services.
4.4
HERITAGE DESIGNATION
This designation is designed to highlight the importance of the Lifestyles Museum,
the Heritage Park and the Power House and to foster the further development of
this and similar facilities, including recreational and public uses in this area along
Power House Road.
In addition to the uses allowed in all designations under Section 4.2.19, the Town
can allow agriculture, cultural and civic, recreational open space, assembly,
campground and selected retail and other compatible uses in this designation.
All development shall be compatible with the Lifestyles Museum and Heritage Park
or other similar type of museum or facility.
4.5
OPEN SPACE RECREATION DESIGNATION
The Open Space Recreation Designation is applied to major indoor and outdoor
recreational facilities.
Permitted or discretionary uses include those set out under Section 4.1.19, and
antenna, general assembly, indoor assembly and outdoor assembly.
4.6
RURAL DESIGNATION
The Rural Designation is applied to largely undeveloped lands suitable for resource
development and/or development which is not suitable for an urban setting.
Permitted uses include agriculture, forestry, mineral exploration and recreational
open spaces and certain accessory uses.
Discretionary uses include animal, antenna, outdoor market, seasonal dwellings and
remote cottages which do not have frontage on a publicly owned and maintained
road, transportation, utility.
See also Section 4.1.19 - Uses Permitted In All Designations.
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Municipal Plan 2010
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Development in this designation is not required to be connected to the municipal
water supply and sewer system.
4.7
ENVIRONMENTAL PROTECTION DESIGNATION
The Environmental Protection designation is applied to well-defined areas along or
around selected waterways and wetlands to ensure that their integrity is maintained
and to protect properties and preserve fish and wild-life habitat.
Conservation uses are permitted uses in this designation. However, subject to the
appropriate approvals and reviews, roads and public utilities, access to properties
inside and outside this designation, agriculture, recreational open space and trails
and accessory uses, and uses requiring direct access to a body of water can also
be permitted in this designation as discretionary uses.
Non-conservation uses may only be permitted if there are no reasonable
alternatives and if the impacts on the environment are kept to a minimum.
All development in this designation is subject to the approval of the Department of
Environment and Conservation and other provincial and federal agencies as
required, including where necessary, Fisheries and Oceans and Canada.
4.8
DESIGNATED FLOODWAY AND HISTORIC FLOOD DESIGNATIONS
Both the Designated Floodway and the Historic Floodway appear on the Flood
Information Map 1987 for Salmon Cove River, which is to say, the area adjacent
Salmon Cove River around the Highway 70 bridge, and in particular, Bottom Road.
The Designated Floodway designation limits development to conservation and
hydraulic structures, public utilities and roads and other uses not likely to affected
by flooding.
The Historic Flood zone Designation limits the range of allowable uses to low
density dwellings and uses related to the use of water resources public utilities and
roads, and transportation and other low impact uses - provided that where
necessary, they are adequately flood-proofed.
All development in both designations must be approved by the Department of
Environment and Conservation before a permit is issued by the Town.
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Municipal Plan 2010
Page 20
4.9
PROTECTED PUBLIC WATER SUPPLY DESIGNATION
The Protected Public Water Supply Designation is applied to the Rocky Pond
Protected Public Water Supply which is the source of the Town's municipal water
system. This water supply is protected in accordance with provincial policy, and in
accordance with the detailed regulations under the Town's Development
Regulations.
Uses within this designation are limited to those compatible with the maintenance
of an adequate high quality water source for the Town.