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TOWN OF
WEST ST. MODESTE
MUNICIPAL PLAN
IMPORTANT: 1~0 see if there were any changes to
this plan since it came into effect, please refer to:
List of Municipal Plan Amendments
URBAN AND RURAL PLANNING ACT
NOTICE OF APPROVAL
COMMUNITY OF WEST ST. MODESTE MUNICIPAL PLAN 1988-1998
I, Eric A. Gullage, Minister of Municipal and Provincial
Affairs, under and by virtue of the power conferred by the Urban
and Rural Planning Act, hereby approve the Community of West st.
Modeste Municipal Plan adopted by the The Community Council of West
st. Modeste on the 22nd day of March, 1989.
Dated at st. John's this 6:tf(, day of /i.J~ A.D., 1989.
//
(//~
,/01,a;
/
I
Eric A. Gullage, C.L.U., M.H.A.
Minister of Municipal & Provincial Affairs
URBAN AND RURAL PLANNING ACT
COUNCIL RESOLUTION TO ADOPT A MUNICIPAL PLAN
Resolved pursuant to Section
16 of the Urban and Rural
Planning Act,.that the Council of West St, Modeste adopt the Municipal
Plan which is attached hereto and is impressed with the Seal of the
Council, signed by the Mayor, and certified by the Clerk.
Resolved further pursuant to Section 18 of the Urban and
Rural Planning Act, that the Council apply to the Minister of Municipal
Affairs for the setting of the time and place of a Public Hearing to
consider objections or representations to the Municipal Plan.
PROPOSED BY:_, xfftt~,;?-
&t: £ :re
SECONDED BY: f,L,,,q-,,:-C"c1<.
./t&~?Jazn2r/
Certified as a correct copy of a Resolution passed at a
meeting of Council held at West St. Modeste on the
,, ' 1
day of
,,,..,,,.._
, 1989.
CLERK
SEAL AND SIGNATURE
Signed and sealed pursuant ta Section
Rural Planning Act this
;/Sl,
day of
(SEAL)
CLERK'S CERTIFICATE
16(3) of the
' m:,,;,,.-,/4 .
Urban and
1989.
Certified that the attached Municipal Plan is a correct copy
of the Municipal Plan adopted by the Council of West St. Modeste on the
J.;L day of
?J"A <v.J .,(
, 1989.
CLERK
COMMUNITY
OF
WEST ST. MODESTE
MU
PREPARED
BY
W. 8. TITFORD LIMITED
TOWN PLANNING CONSULTANTS
WEST ST. MODESTE MUNICIPAL PLAN 1988-98
TABLE OF CONTENTS
1.
INTRODUCTION
1.1
Planning in Newfoundland .................................... 1
1. 2
Summary of Background Report ................................ 4
1.3
Basic Assumptions ........................................... 8
2.
LAND USE OBJECTIVES AND POLICIES
2.1
Residential ··---···········--····-······---·········--····· 10
2. 2
Commercia 1 -----.........--.--..........-------..........--- 13
2.3
Industrial .................................................. 15
2,4 Public Buildings ........................................... 17
2.5 Recreation··-----·········-----········-----·········---··· 18
2.6 Conservation······-·---·········----············---········ 19
A. MUNICIPAL WATER SUPPLY CATCl!MENT AREA ...---------.... 20
2. 7
Rural .................................... , ................. 21
3.
MUNICIPAL SERVICES OBJECTIVES AND POLICIES
3.1
Water Supply ............................................... 23
3.2
Sewage Disposal .............................................. 25
3 .3
Storm Drainage .............. , .............................. 26
3.4 Transportation System······-··-···--···--·---····-········· 27
3. 5
Garbage Disposal . , ............ , .......... , , ............ , ... 29
3.6
Fire Protection ............................................ 30
3. 7
Program of Public Works ............................ , ........ 30
3. 8
Municipa 1 Finance .--------. , , ..---------- , -..------.-...... 32
4.
IMPLEMENTATION
4.1
Regulatory Control . , ........................................ 33
4. 2
Discretionary Powers ............................. , , , ....... 33
4.3
Non-conforming Uses ........................................ 34
4. 4
Development Schemes ..................................... , ... 34
4.5
Appeals .................................................... 35
LIST OF MAPS
EXHIBIT 1 - , ... , ...........- , ...........-..-.........-.-. Facing Page 18
MAP NO. 1
MAP NO. 2
Plan of Land Use (Planning Area) --...----- Following Page 35
Plan of Land Use ( 1 : 2500 Scale ) ---..---------- End Pocket
1.1 Planning in Newfoundland
The Municipal Plan
WEST ST. MODESTE
MUNICIPAL PLAN
1988-98
1.
INTRODUCTION
This Municipal Plan has been prepared in accordance with the require-
ments of Section 15 of the Urban and Rural Planning Act, following
surveys and studies of land use, population growth, the local economy,
present and future transportation and communication
needs,
public
services and other relevant factors.
The Plan outlines the goals, objectives and policies of Council regard-
ing 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 cate-
gories.
Ministerial Approval
When the Municipal Plan is formally adopted by resolution of the
council under Section 16 (1) of the Act, two copies must be impressed
with the Seal of the Council and signed by the Mayor,
The council must
then give notice of its intention to seek the approval of the Minister
of Municipal Affairs by publishing a notice in the Newfoundland Gazette
and in a newspaper published, or circulating, in the community.
The
notice must state where and when the Municipal Plan may be inspected by
any interested person and the time and place set by the Minister for
2
the hearing of any objections or representations.
At
the Public
Hearing,
a
Commissioner appointed by
the Minister will
hear
the
objections
and
representations,
and
subsequently
forward
to
the
Minister a written report, together with copies of all the evidence
taken at the Public Hearing.
After the Public Hearing is concluded and the Commissioner's report has
been submitted, the Council must apply to the Minister for approval of
the Municipal Plan.
The Minister requires two copies of the Municipal
Plan certified correct by the Clerk of the Council, a copy of the
adopting resolution and of all written objections and representations
considered at the Public Hearing.
On receipt of this material, the
Minister may approve the Municipal Plan, with or without modification,
or may disapprove it and order that a new Municipal Plan be prepared.
Upon approval, the Minister will endorse a copy of the plan and return
it to the council.
Within ten days of receipt of the final approval by
the Minister, the Council must publish a notice of approval in the
Newfoundland Gazette and in a local newspaper.
The Effect and Variation of the Municipal Plan
When the Municipal Plan comes into effect, it is binding upon the
Council and upon all other persons, corporations and organizations.
The Plan has to be reviewed by the Council at the end of every five
years from the date on which it comes into effect and at that time
revised as necessary to take account of developments which can be
foreseen during the next ten-year period.
The Municipal Plan may be amended in whole or in part for just cause by
repeating the process by which it was adopted and approved initially.
Development Schemes
At any time after the adoption of the Municipal Plan, the Council can
prepare and adopt Development Schemes under Sections 31-33 of the Act
for the purpose of carrying out specific proposals of the Municipal
3
Plan,
A development Scheme may provide for the acquisition, assembly,
consolidation, subdivision and sale or lease by the municipality of
land and buildings which are necessary to carry out provisions of the
Municipal Plan,
The Scheme may reserve land for future acquisition· as
the site of any public roadway, service or building, or for a school,
park or other open space and may make such agreements with the owners
of the land as will permit its acquisition and use for those purposes.
The Development Scheme may also specify the manner in which any par-
ticular area of land is to be used, subdivided or developed, and may
regulate the construction of buildings which would interfere with the
carrying out of the Development Scheme.
Development Schemes are prepared and approved in exactly the same way
as the Municipal Plan, and, when approved, form part of that Plan.
Municipal Plan Administration
When a Municipal Plan comes into effect, the council is requfred co
develop a scheme for the control of the use of land in strict conform-
ity with the Municipal Plan in the form of land use zoning, subdivi-
sion, and any other regulations necessary.
After adoption by the
council, these regulations must
be submitted to the Minister for
approval.
Regulations must comply with the requirements of the Urban and Rural
Planning Act, and Standard Provincial Regulations have been developed
to form the basis of these regulations.
Councils are also advised, if
they have not already done so, to adopt the National Building Code of
Canada as its building regulations.
The day-to-day administration of the Municipal Plan, and subsequent
regulations, is in the hands of staff members
authorized by
the
Council.
Council staff have the duty of issuing all necessary permits
approved by Council and making recommendations to the Council in ac-
cordance with the Municipai Plan _pol_ic,ies. and iroolementing regulations
regarding all development 1n the ~un1cipal Planning area.
4
1. 2
Summary of Background Report
(a) Regional Context
West St. Modeste is mainly dependent on the salt fish industry.
Local fisher.men also land fish fresh at the Red Bay and L'Anse
au Loup processing plants.
Scallops are a potential add it iona l
resource.
A regional bait depot is located in the community.
A marine
service centre is located five kilometres south of the community
at L'Anse au Diable.
- The incorporated community of Pinware is immediately adjoining to
the north, and the unincorporated settlement of Capstan Island
lies immediately south of West St. Modeste.
- West St. Modeste is the administrative centre for the Roman
Catholic Church in the Straits area.
Medical, governmental and main commercial services are available
at L'Anse au Loup and Forteau, 15 km and 30 km southwards by
highway respectively,
Tourism is a growing economic resource, based on sports fishing
in the Forteau and Pinware Rivers and archaeological discoveries.
Many sites of potential archaeological significance have been
noted along the Labrador and Quebec coastline requiring further
exploration.
Tourist travel to the area is mainly by way of the Island of
Newfoundland, crossing to Labrador by ferry from St. Barbe to
Blanc Sablon.
Air Nova and Quebec Air maintain daily scheduled air service co
the Blanc Sablon Airport.
5
(b) Physical Environment
The community lies at the base of a steep rocky prominence along
the highway following the west side of Pinware Bay.
There is a substantial band of soil deposit lying between the
base of the rocky escarpment and the shoreline.
- Water drainage through the community is by numerous small streams
and groundwater percolation.
There are no main drainage routes.
-
Environmental constraint is required with respect to:
(i)
The existing water supply catchment area in the vicinity
of Shelf Pond.
(ii)
The potential water supply resource atop the hill.
(iii) Sites of historic and archaeological significance.
(iv)
Aggregate resources defined by the Department of Mines.
(c) Growth
The population of West St. Modeste is expected to decline to
about 200 in 1991 and to 170 by 1998.
The overall population
decline is anticipated as a result of further substantial decline
in the pre-school and school age population, a smaller decline in
the labour force, and a small increase in the elderly population.
- It is estimated that a total of ten new dwellings may be required
during the planning period and that these may be expected to be
in the form of single-family detached dwellings.
-
Land south and to the rear of the church and school appears to be
the prime locational prospect for new residential development.
6
(d) Commerce and Industry
There is a potential regular employment base for about
100
people, of which 70 are employed in the fishery or fish proces-
sing sector of the local economy and are hence seasonal
in
nature.
- Harbour development
by means
of breakwater construction has
potential for an expanded fishery capacity.
- Additional
future
employment
opportunities
may
result
from
further development of marine maintenance facilities at L'Anse
au Diable and the possible introduction of boat building as a
source of gainful employment during the off-season.
Additional highway commercial services are likely with an in-
crease of tourist activity during the summer season,
Commercial land uses are centrally located in the community,
opposite the school and south of the school opposite Boats Cove.
Industrial land use is entirely marine related and is located
along the shoreline of The Tickle and south of Boats Cove.
(e) Community Services and Recreation
- Public buildings are centrally located along the highway and con-
sist of the church and school complex and the community hall.
-
Enrolment of Our Lady of Labrador all-grade school is expected to
continue to decline from the present 144 pupils to about 100 by
the end of the planning period.
- The community is well served for indoor recreational and social
needs but, with the exception of the outdoor rink, lacks devel-
oped outdoor recreational facilities,
7
-
An area of about two acres on backland west of the highway at the
south end of the community has been cleared and fenced for use as
a community garden.
- It is Council's intention to develop a ball park and other re-
creational uses on an area of cleared sandy soil on the east side
of the highway north of the community.
An outdoor recreational area is required in close proximity to
the school because the existing school yard is too small and too
open to passing highway traffic.
(f) Municipal Streets and Services
- There is a partial municipal water supply extending from the area
of Shelf Pond to the fishermen's wharf at The Tickle.
Other
water supplies are from private wells.
- Sewage disposal is generally by private septic disposal methods,
with some dwellings having a pipeline to the shore.
However, a
high water table is prevalent and is not conducive to good septic
disposal characteristics.
- Local roadways are unpaved and consist of a loop road to the
public wharf and fishing premises at The Tickle plus several
minor lengths of public roadway where development has occurred in
depth from the highway.
- The highway is paved and has a 30 m (100 ft.) reservation.
-
In wintertime ice accumulation from groundwater seepage tends to
block drainage ditches alongside the highway.
Garbage disposal is by contract with disposal at the regional
disposal site at Crow Head, Forteau.
8
- A 15-person volunteer fire brigade i.s equipped wit!\ a standard
community fire package unit housed in a garage attached to the
community hall,
- About $10,000 is raised annually by local taxes and fees.
This
is supplemented by an equivalent amount of provincial grant.
There is no significant amount of outstanding capital debt,
1.3
Basic Assumptions
In evaluating the probable course of future growth and its effect on
the timing and relative importance of works to be undertaken to accom-
modate it, a number of assumptions have been made as follows:
- The West Sc. Modeste population will decline to about 170 persons by
the end of the planning period as a result of a declining birth rate
and some out-migration.
The
labour force will remain relatively
stable.
- Residential construction during the period, estimated at about ten
dwellings, will continue to be detached single family units.
- Publicity generated by archaeological discoveries in the area and the
probability of other such finds being uncovered, will result in a
substantial increase of tourism and demand for additional tourist
services.
-
New sources of federal-provincial financial assistance will enable
extension and improvement of municipal services.
To the extent that assumptions are in error, the Program of Public
Works will be affected as to timing, municipal cost and/or budgetary
ability. This may then be adjusted to meet circumstances as they arise.
However, the stated Objectives and Policies will continue to control
and guide development whatever the pace of development might be.
9
2.
LAND USE OBJECTIVES AND POLICIES
The Urban and Rural Planning Act, Section 15 (2), requires that a
Municipal Plan " .-- contain proposals for such general development of
the Municipal Planning Area as can be foreseen for a period not exceed-
ing ten years from the date of completion of the Municipal Plan and
shall be designed to co-ordinate the public purposes of the Authorized
Council that bear upon urban development so as to achieve the common
well-being of the community and to conserve the financial and material
resources of the Municipal Planning Area -.- ".
Main aspects of the Plan implementing this requirement and, in so
doing, establishing the planned basic structure of the Community are as
follows:
-
Improvement of the existing water supply system by
installing a
storage reservoir as initially proposed by engineering consultants,
- Development of a fully serviced residential subdivision central to
the community, on land west of the highway to the rear of the church
and school site, and made accessible by construction of a road ex-
tending from Boats Cove to a point on the highway near the rink.
- Provision for infilling of existing residential areas.
- Establishing guidelines for developing serviceable residential land
within the
growth and
period.
community and priorities
extension of municipal
for accommodating residential
services
during
the planning
- Designation of useful shoreline frontage for continued use of fish-
eries and other marine related industrial uses.
10
- Designation of land fronting the highway near the rink for industrial
needs not r:equiring ocean frontage,
thus providing direct highway
access and separation from residential uses.
Designation of land fronting the highway opposite Boats Cove as the
main area for future commercial expansion.
This location has sub-
stantial highway frontage vital to the commercial need of catering to
passing regional and tourist traffic and is also conveniently central
to the community population,
- Development of land central to the commuicy, safely accessible from
the school and alongside the proposed serviced subdivision, for com-
munity outdoor recreational use.
Provision is also made for develop-
ment of land at the northern extremity of the community for outdoor
recreational use.
2.1
Residential
The housing forecast of the Background Report anticipates a demand for
ten new dwelling units during the 1988-98 planning period.
All, or a
substantial majority of these, are expected to be in the form of single
family detached dwellings.
To provide for this, Council intends to
construct a residential roadway extending from the highway at Boats
Cove, around the rear of the school and church site, to meet the high-
way again at a poi.nt north of the church, as shown on Map No. 2.
This
roadway, together with the portion of connecting highway, represents
the initial stage of fully serviced development proposed for the com-
munity as indicated on Map No. 2.
It is therefore Council's intention
to encourage new residential development to locate within this area.
Provision of municipal water and sewer services enables the use of
smaller residential building lots than was previously the case,
It is
therefore Council's intention to encourage development
of
smaller
building lots within fully serviced areas as a means of conserving land
for long-term future use and as a means of utilizing costly municipal
11
services more efficiently,
By so doing, the proposed new residential
road enables the development of more building lots than are anticipated
during the planning period and is therefore capable of accommodating
longer-term growth needs or change in growth rate as may conceivably
occur.
There being ample serviceable land area available to meet short-
and
long-term future residential needs,
Council intends to
discourage
further residential development of highway frontage, other than infil-
ling of existing residential frontage, to preserve the safe use of the
highway as a through traffic route,
The following are objectives and policies which Council will observe in
respect of residential land use during the period of the Plan.
Objectives:
(i)
To
promote a convenient, safe and satisfactorily
serviced residential environment by controlling the
classes of land use and characteristics of develop-
ment permitted within r.esidential areas.
(ii)
To designate land for residential use and promote
its further development in a manner designed to make
efficient use of municipal services and to conserve
municipal financial resources.
( iii)
To enable development of other housing types, in
addition to single-family detached dwellings, as may
be required to supply future economic demand.
(iv)
To ensure that residential development takes place
in a manner that does not prejudice access to and
appropriate development of neighbouring land.
Policies:
12
(v)
To maintain and preserve highway safety by restric-
ting further residential development fronting on the
highway to infilling of existing residential areas.
(i)
Single and double dwellings and recreational open
space may be permitted within areas designated for
residential land use shown on the Plan of Land Use
(Map No.2), subject to control by Council of speci-
fic development
and locational arrangements pre-
scribed by Policies (iii) and (iv) following and in
accordance with development regulations.
(ii)
Row dwellings, apartment buildings, boarding houses,
mobile homes and uses of a residential convenience
nature, such as a church,
child day care centre,
junior school, confectionary store or small business
office, may be permitted within serviced residential
land use areas where, in its discretion, Council is
satisfied that such use will not adversely affect
the
character
and
quality
of
the
immediate
neighbourhood.
(iii)
Development may be permitted only on lots which have
the required amount of frontage on a public street
and to which municipal water and sewer services are
directly available.
(Residential development may be
permitted within the Phase 1 service area prior to
the installation of services, subject to require-
ments of the Department of Health,)
(iv)
Notwithstanding the provisions of Policy 2,1 (ii),
single or double dwellings may be permitted as in-
filling within unserviced residential areas subject
to meeting lot area, well-water supply and septic
sewage disposal requirements of the Department of
Health.
2.2
Commercial
13
(v)
Where vacant land is to be developed in depth from an
existing road, Council may require the preparation of
a suitable plan of overall subdivision of vacant land
in the immediate vicinity to an extent deemed neces-
sary to ensure that such other vacant land will not
be. adversely affected for future residential use.
Council may adopt this plan of subdivision by Resolu-
tion of Council and development for that area will
thenceforward be required to conform with it or with
such revisions to it as Council
may
subsequently
adopt.
(vi)
Council may, on its own initiative, prepare and adopt
a plan of subdivision or new street design in respect
of any land area and undertake to acquire property,
rights-of-way and easements to develop a port ion or
all of the area.
The cost of such work will be
assessed as a Service Levy authorized by Sections
148-153 of The Municipalities Act.
(vii)
Serviced building lots owned by Council, as may re-
sult through the implementation of Policy (vi), may
be sold at market value.
Revenue received from the
sale of such building lots will be applied to adjust
the cost assessed as a Service Levy.
(viii)
Extension of municipal services will be carried out
in a phased sequence designed to conserve public
financial resources and keep pace with the demand for
new building lots.
Council
intends
to promote
commercial
development
in
accessible locations central to the community.
Land
conveniently
fronting the
14
highway opposite the school and opposite Boats Cove meet these criteria
and are also the site of existing commercial uses.
Additional land is
accordingly designated for commercial use in these location as shown on
Map No. 2.
The site of the Cash and Carry store near Partridge Cove Brook is also
designated for continued commercial use and provision made for possible
expansion to include commercial uses of a highway service nature.
Highway frontage, opposite the community hall, is also designated for
commercial use and is intended for eventual development of highway
services, possibly including a motel.
In permitting development in these areas Council will be particularly
observant of highway safety by requiring restricted points of highway
access and by ensuring provision of adequate off-street parking accom-
modation.
Commercial uses of a minor. local convenience
elsewhere in the community where acceptable
immediate neighbourhood.
nature may be permitted
to Council and to the
Council's objectives and policies in support of
these matters
are
stated as follows:
Objectives:
(i)
To promote commercial development in conveniently
central locations.
(ii)
To encourage development of tourist services.
(iii)
To provide for ease and safety of traffic movement
to and within commercial areas and along the high-
way,
(iv)
To enable development of minor convenience commer-
cial uses within residential areas,
Po lie ies:
2,3
Industrial
15
(i)
Areas designated for commercial use are shown on Map
No. 2.
Development standards for these areas will
be prescribed by development regulations.
(ii)
Council will require the provision of adequate ar-
rangements for traffic access and off-street parking
to ensure the safe and unimpeded movement of traffic
along public thoroughfares.
(iii)
Land uses permitted within these areas include retail
sales, highway commercial and tourist services, and
business offices to be more specifically defined by
development regulations.
(iv)
Minor industrial uses, such as repair services, ware-
housing and workshops normally associated with com-
merical uses may be permitted at council discretion.
(v)
Commercial development of a local convenience nature
may be permitted in residential land use areas where
Council is satisfied that such development is compat-
ible with neighbouring land use and that appropriate
arrangements are made for off-street parking.
Council intends to reserve the shoreline area of The Tickle and the
southern shoreline area of Boats Cove specifically for fisheries and
other marine related industrial uses.
Other industrial uses as may
eventually be required (such as open storage, warehousing and auto-body
repair) will be directed to locate within the area designated for thi@
purpose northwards along the highway from the skating rink.
Council's objectives and policies pertaining to industrial land use are
stated as follows:
Objectives:
Policies:
16
( i)
To reserve useful shore line frontage for fisheries
and other marine related industrial use.
(ii)
To
reserve
sufficient
land
in
an
appropriately
serviceable
and
accessible
location
capable
of
accommodating other industrial needs as may arise
during the planning period.
(iii)
To control and direct industrial development in a
manner designed to protect adjoining land uses and
the natural environment
from adverse effects
of
industrial operation and to maintain an acceptable
state of appearance from the highway.
(i)
Areas designated for industrial use are as shown on
Map No. 2.
Development standards for these areas
will be prescribed by development regulations.
(ii) Industrial land use designated along the waterfront
of The Tickle and at Boats Cove is reserved for
storage, processing and transportation uses associ-
ated with the fishery and other marine operations,
including storage of boats and fishing equipment.
(iii)
The roadway serving the waterfront at The Tickle,
extending from the fishermen's wharf to the public
wharf, is to be improved in alignment and width, and
the steepness of road slope in the vicinity of the
public wharf reduced, to improve trucking access and
movement through this area.
(iv)
Industrial land use fronting the highway north of
the skating rink is intended for a wide variety of
types and scale of industrial use, but excluding the
bulk storage of hazardous substances.
17
(v)
Council will ensure that adequate provision is made
for safe vehicular. access and parking accommodation,
particularly in instances where
there is
direct
access to and from the highway.
(vi)
Areas used for outside storage of goods, equipment
or discarded material may be required by Council to
be fenced and/or screened from view.
2.4 Public Buildings
Our Lady of Labrador school and church complex is the central focus of
the community and lies within the area intended for the initial stage
of supplying water and sewer services to the community.
Construction
of a residential road to the rear of this property enables improved
driveway access to the church and opens up
the proposed outdoor
recreation site.
It also provides a basis far locating a playground
immediately to the rear of the school,
thus enabling the highway
frontage to be used exclusively for school parking requirements,
Ample land area is reserved around the community hall for car parking
and volunteer fire brigade use.
Provision is also made for additional
public building development, such as a post office, on adjoining land
to the east, provided that a roadway allowance is reserved enabling
eventual street location as indicated on Map No, 2.
Council I s objectives and policies pertaining to land use for Public
Buildings are stated as follows:
Objectives:
(i)
To provide for public buildings and institutional
services in convenient central locations having ease
and safety of access and adequate parking space.
(ii)
To promote community initiative in support of social
needs and community betterment.
(
Policies:
2.5
Recreation
18
(i)
Uses of an institutional or community service nature
are permitted in public building land use areas
shown on Map No, 2,
(ii)
Counc i 1 wi 11 encourage the improvement of roadway
access,
parking
accommodation
and
provision
of
playground space within the area of the school and
church
complex.
(A
conceptual
arrangement
for
consideration in this matter is shown in Exhibit 1.)
Indoor recreational needs of the community are satisfied through use of
the arena at L'Anse Amour, Our Lady of Labrador schoo 1 gymnasium and
parish hall, and the facilities of the community hall.
However,
excepting the skating rink, outdoor recreational facilities are lack-
ing.
It is therefore Council's intention to promote development and
maintenance of a children's playground on the school site,
It is also
Council's intention to reserve two areas of land, one central to the
community on relatively level land west of the new residential road,
and the other east of the highway at the northern extremity of the
community, for the development of a outdoor recreational facilities.
Additional land, adjoining the central recreation area to the south, is
reserved for development over time as a passive recreation area to be
improved by tree, bush and flower p lancing, walkway and picnic area
construction as a parkland providing a site of visual beauty for local
benefit as well as being attractive to passing tourists.
Objectives and policies in this regard are stated as follows:
Objectives:
(i)
To provide for the overall recreational needs of the
community,
Policies:
2,6
Conservation
19
(ii)
To promote development of a parkland and picnicing
area attractive to tourists and other visitors.
(i)
Land areas designated for recreational use on Map
No, 2 will be reserved for this purpose and developed
in a manner approved by Council.
(ii)
Council will encourage development of playground space
associated with the school site in accordance with
Policy 2,4 (ii).
(iii)
Council will ensure that when recreation facilities
are developed, they are suitably maintained and made
reasonably available for public use.
There are substantial areas of land within the Planning Area where protective
rather than developmental measures must take priority,
These include natural
drainage routes, areas of steep terrain, wetlands, and shoreline frontage not
required for other uses.
Council intends to protect and preserve these areas
from development in the interest of public safety and well-being of the com-
munity and to enable continued public access along watercourses and the ocean
shore. line.
Protective measures are also to be exercised within all land use classes in
respect of archaeologic finds as have been discovered in the area already and
as may be discovered in the course of future development.
The present municipal water supply catchment area and possible future water
supply catchment area require distinctive conservational treatment.
Council's
objectives and policies pertaining to these areas are accordingly contained in
a separate subsection, and are separately defined on Maps No. 1 and 2
Council's objectives and policies regarding conservational land use, other
than water supply catchment areas, are stated as follows:
Objectives:
Policies:
20
( i)
To prevent development in physically unsuitable and
economically unserviceable areas.
(ii)
To preserve public access along watercourses and shore-
line frontage
and
to
protect
their
environmental
quality for public benefit and enjoyment,
(iii)
To ensure that historic sites and archaeologic finds
are preserved and maintained for public benefit.
(i)
Development will not be permitted within areas desig-
nated for conservation as shown on Maps No. 1 and 2,
other than natural resource or recreational uses as
Council may determine to be compatible with its stated
objectives.
(ii)
Council will ensure that resource extraction or other
development activity within these areas is carried out
in
a
safe,
orderly and
environmentally acceptable
manner and the site restored to a suitable state on
completion of the work.
(iii)
In the event of an archaeological find being discovered
during the course of development in any land use area,
development shall cease temporarily and Counci 1 shall
contact the Historic Resources Division, Department of
Culture Recreation and Youth. (Telephone: 576-2460 or
576-5074)
A.
MUNICIPAL WATER SUPPLY CATCHMENT AREA
The public water supply catchment area is a distinctive conservational
land use where more stringent measures are required for protection of
public health and preservation of the natural water resource,
Council's
objectives and policies in this regard are stated as follows:
Objectives:
Policies:
2.7
Rural
21
(i)
To protect and preserve the quality of the public
water supply from contamination.
(ii)
To ensure the continuous supply of an adequate volume
of water to serve the needs of the Community.
(iii)
To protect water resources which may eventually be
required to supply the future needs of the community.
(i) All development is prohibited within public water
supply catchment areas as defined on Maps No, 1 and 2.
(ii) Council will exercise such influence and authority as
may be available to it to minimize or prohibit the use
of all-terrain vehicles within the catchment
area
defined around Shelf Pond,
Lands within the West St. Modeste Planning Area not designated by
previous sections for specified use or conservation, are designated for
rural use. Within these rural use areas development is restricted to
on-site natural resource uses which may not reasonably be carried out in
serviced community locations.
Council's objectives and policies in respect of rural land use are stated
as follows:
Objectives:
(i)
To
preserve
the
undeveloped
area
surrounding
the
Community of West Sc. Modeste from unwarranted en-
croachment by urban-type uses.
(ii)
To enable the productive use of naturally occurring
resources in locations and in a manner acceptable to
Council.
Policies:
22
(iii)
To permit cemeteries in locations approved by Council.
(i)
Rural resource-based industries and recreational uses
may be permitted within areas designated for rural use
as shown on Maps No. 1 and 2.
Buildings subsidiary to
a resource-based use, such as a dwelling or barn; or
subsidiary to
a recreational use may
be permitted
where Council is of the opinion that such building is
necessary to the successful operation of the main use.
(ii) Extractive resource use, such as mining and quarrying,
may be permited in locations approved by Council, pro-
vided Council is assured that the work will be carried
out in a safe, orderly and environmentally acceptable
manner and that the site will be restored to a suit-
able state on completion of the work.
(iii) Cemeteries may be permitted in locations acceptable to
Council.
(iv)
Council may require buffer distance separation between
rural
uses
and
other
types
of
development
and
watercourses as deemed necessary to preserve public
safety, amenity of adjacent land uses, water quality,
natural habitat, and public access.
(v)
Council will be observant of mineral working and other
resource development activity as may act to diminish
environmental quality, and will take
such remedial
action as may
be available within its
regulatory
authority.
Otherwise it will report the matter to
appropriate provincial authorities for their remedial
action.
23
3.
MUNICIPAL SERVICES
OBJECTIVES AND POLICIES
3.1
Water Supply
The existing municipal water supply was installed primarily as an indus-
trial supply to the fish plant.
Some dwellings along the route were
connected to the system.
A 125,000 litre (27,700 gallon) storage reser-
voir to be located at the 90 m contour level was recommended by an engi-
neering consultant report submitted in August 1982, but has not been
installed to date.
It is Council's intention to arrange for the instal-
lation of such a storage reservoir to provide continuous supply in the
event of electrical outage, chlorine contact time prior to entry into the
distribution system and some fire flow capacity,
It is also Council's
intention to extend the water supply along the highway to Boats Cove and
along the route of the proposed new residential road, and to commission
an engineering evaluation of the feasibility of further extending the
system to existing development south of Boats Cove and along the road to
the public wharf.
The municipal water supply is dependent on the flow of surface and ground
water from the relatively small catchment area in the vicinity of Shelf
Pond.
It is in the public interest therefore that this catchment area be
preserved in its natural state so that water absorbing and retentive
qualities of the soil may be relied upon to provide a maximum quantity of
water throughout the year.
Travel through this area disturbs and
destroys surface vegetation and compacts the soil.
This reduces water
absorption, increases evaporation, and creates conditions conducive to a
rapid rate of surface water run-off.
It is therefore Council's intention
to limit public access to the water supply catchment area.
Council's objectives and policies concerning municipal water supply are
stated as follows:
Objectives:
Policies:
24
(i)
To provide a safe and reliable municipal supply of
water to areas of development where it is physically
and economically feasible to do so,
(ii)
To protect groundwater supplies available to residents
not connected to the municipal water supply system
from contamination.
(i)
Council will arrange for the installation of a storage
reservoir at approximately the location shown on Map
No,
2,
to
which water will
be
pumped
from
the
chlorination plant.
(ii)
Council will extend the municipal water supply system
co make it available to development within the Phase 1
service area shown on Map No. 2,
(iii) Council will arrange for an engineering evaluation to
determine the feasibility of extending the municipal
water supply to other presently unserviced areas,
(iv)
Council will advise the public of the need to avoid
travel through the designated water supply catchment
area and will take such preventive measures in this
regard as may
be
deemed advisable and within its
municipal authority,
(v)
The catchment area of the several ponds near the sum-
mit of the hill to the southwest of the Planning Area
as shown on Map No. 1, is to be preserved from devel-
opment as a potential source of future water supply,
(vi)
Council
will
adopt
regulations
for
control
and
management of the municipal water supply system with
respect to matters authorized by Section 161 of The
Municipalities Act,
25
(vii)
Council will install fire hydrant service to an extent
deemed reasonable within the limitations of the water
supply system,
3.2
Sewage Disposal
It is Counci 1s intention to provide a municipal sewerage system to all
properties served by the municipal water supply system to the extent that
it is practical to do so.
In this regard the Phase 1 service area delin-
eated on Map No. 2 will be supplied with sewer service when the water
supply system is installed in the area.
Council will also commission an
engineering evaluation of the feasibility of extending the sewer system
farther northwards and southwards along the highway to the limit of
existing development, and of installing a separate system to serve devel-
opment in the vicinity of the road to the Public Wharf.
(The need for a
feasibility study is due to the reference to unfavourable soil conditions
mentioned in the August 1982 consultant's report, page 12).
The location of the sewer outfall for the Phase 1 system will depend on
the perceived imminence of constructing a breakwater from the point of
land at Boats Cove to McDonald Island.
If breakwater construction is not
imminent, it may be deemed reasonable for the outfall to be located i.n
the approximate position of "A" on Map No. 2,
However, if construction
is irrnninent, the outfall will need to be located at
11 B" near Bone Cove,
requiring a pumping station and length of force main to move the sewage
from the low point near the highway to the outfall,
Objectives and policies for sewage disposal are stated as follows:
Objective:
Policies:
(i)
To provide for the sanitary and environmentally safe
disposal of sewage effluent.
(i)
A municipal sewer system for the Phase 1 service area
shown on Map No, 2 will be constructed along with the
water supply system referenced in Policy 3.1 (ii),
26
(ii)
Council will arrange for an engineering evaluation to
determine the feasibility of providing municipal sewer
service to other developed areas of the community.
(iii)
Development of land not serviced by a municipal sewer
system may be permitted only on a building lot approv-
ed for the purpose by the Department of Health
and
subject to installation of a private sewage disposal
system satisfactory to the Department of Health.
(iv)
Council will adopt regulations for control and manage-
ment of municipal
sewer systems regarding matters
authorized by Section 161 of The Municpalities Act.
3,3
Storm Drainage
Control and maintenance of storm water drainage has, to the present, been
a matter mainly related to the highway and hence a subject of concern for
the Department of Transportation rather than a Council responsibility.
However, construction of additional local roadway will increase Council's
responsibility for providing, controlling and maintaining storm drainage
channels,
Objective and policies in this matter are stated as follows:
Objective:
Policies:
(i)
To provide and maintain a storm-water drainage system
that will control surface drainage, minimize property
damage and maintain the integrity of surface water
quality.
(i)
Council will require the design and construction of
storm
drainage
systems
in
conjunction
with
development of new areas.
27
(ii)
Council will adopt regulations far the control and
management of municipal storm drainage systems with
respect to matters authorized by section 161 of The
Municipalities Act.
3,4 Transportation System
Council anticipates paving its local road system when paving equipment is
available in the area to pave the highway to Red Bay.
It is therefore
Council's intention to arrange for as much construction and servicing of
streets as possible during the first 2-3 years of the Plan so that these
may also be paved at that time.
It is also Council's intention to continue to support the prospect of
harbour improvement by means of breakwater construction from the poi.nt of
land at Boats Cove to McDonald Island and by roadway improvement along
the shoreline of The Tickle.
The feasibility of constructing a roadway
along the route of the breakwater, enabling use of McDonald Island for
fisheries and other marine related facitilies, should be investigated.
Council also supports establishment of an ambulance service in conjunc-
tion with the Health Centre at Forteau to serve the emergency medical
needs of the Straits Area,
It is also of the opinion that a helicopter
landing facility should be designated at Boats Cove, rather tnan con-
tinuing
the practice of
indiscriminate
landings
at
any accessible
location in the community.
Objectives:
(i)
To provide a street system enabling the safe and con-
venient movement of traffic throughout the Community.
(ii)
To
improve
harbour facilities
as
a
base
for
an
expanded fishery.
(iii)
To
minimize conflict between internal and
highway
traffic,
Policies:
28
(iv)
To promote. establishment of emergency travel service
for the Straits Area.
(v)
To provide a designated site for helicopter landings.
(i)
Council will strive to maintain the integrity of the
highway as a through traffic route by limiting local
street and private driveway access to a minimum.
(ii)
The waterfront roadway at The Tickle will be improved
in accordance with Industrial Policy 2.3 (iii).
(iii) Council will promote construction of a breakwater and
possible roadway link to McDonald Island located as
indicated on Map No. 2.
(iv)
Council will promote development of a helicopter land-
ing facility within the Boats Cove industrial area to
serve
the
needs
of
potential
users
and
protect
residents from the hazard of indiscriminate landings
within the Community.
(v)
Council supports establishment of an ambulance service
in conjunction with the Health Centre at Forteau to
serve the emergency medical needs of the Straits Area.
(vi)
Council will establish a hierarchy of roads and adopt
a schedule of street reservations consistent with the
Municipal Plan and will prohibit the erection or
location of fences, buildings and other fixed objects
within these reservations. The approximate location of
additional local roads which may be required to meet
growth needs beyond the period of the Plan are indi-
cated on Map No. 2.
These roadway routes will also be
preserved from development.
29
(vii)
Council may acquire property contained within street
reservations
and
arrange
for
removal
of
existing
fences, buildings and other objects to the extent that
it is convenient and financially prudent to do so.
(viii)
Council will arrange for pav.ing municipal streets on a
cost-share basis with the provincial government when
paving equipment is available as a result of other
work being carried out in the Straits Area,
3.5
Garbage Disposal
The teepee incinerator, located in a quarry site on the height of land at
Forteau-s eastern boundary, is not now in use due to a structural prob-
lem.
An area near the incinerator is used as a sanitary landfill site.
This garbage disposal site, whether by incineration or sanitary landfill,
is operated as a regional disposal site utilized by the Community of West
St. Modeste.
Policies for the operation of this site are of a joint
regional nature rather than local.
However, Council's objectives and
policies in respect of this matter are seated as follows:
Objective:
Policies:
To maintain a sanitary, clean and uncluttered envi-
ronment within the Community and its Planning Area.
(i)
To consult regularly with representatives of neigh-
bouring communities which use the regional garbage
disposal site and officials of the
Department of
Environment as to the satisfactory collection and
disposal of garbage.
(ii)
To establish a suitable site for public disposal of
solid waste, such as car bodies and other metal ob-
jects, and to avail of opportunities as arise for
removal of this scrap material to minimize the extent
of its accumulation,
30
(iii)
To contribute on a "per capita" basis co the regional
municipal cost of garbage and solid waste disposal.
3.6
Fire Protection
Objective:
Policies:
To maintain a fire-fighting capacity in West St.
Modeste to a standard capable of providing a protec-
tive service to its people, property and facilities.
(i)
To support the organization and training of a volun-
teer fire brigade capable of responding quickly to
emergency situations.
(ii)
To
ensure
that
suitable
equipment,
supplies
and
transportation
facilities
are
available
to
the
brigade to fulfill its protective responsibilities.
(iii)
To ensure that fire-fighting equipment and supplies
are adequately housed and maintained to
be
in
a
continuous state of readiness.
3.7
Program of Public Works
The following projects are seen as necessary to be undertaken during the
10-year planning period and are listed in a recommended order of prior-
ity,
However, this sequence of priorities is intended as a guide only,
as Council's decision to proceed with or select from among these works
will depend on the urgency of need as perceived from time to time, cou-
pled with Council's financial ability to fund the projects.
Project costs are estimated in 1988 dollar values and includ~ engin~~ring
fees.
Subdivision development costs include installed municipal services
as required, but do not include pavement, curb, gutter or sidewalks, and
no allowance has been made for land acquisition.
Paving estimates for
31
local roads assume an asphalt width of 6 metres with 1.5 metre shoulders.
Also, project cost estimates represent the overall cost of the project
and are not reduced to reflect only municipal cost resulting from antici-
pated provincial cost-sharing arrangements, as such arrangements may be
subject to variation from time to time.
Priority
1
CAPITAL WORKS PROJECTS
Project Description
Construction and installation of water storage
reservoir and pumping system at 90 m elevation
near chlorination plant.
[Policy 3.1 (ii)]
2.
Construct new residential roadway to gr.avel
surface standard and install municipal water and
sewer services within the Phase 1 service area,
including sewer outfall "A".
[Policies 3.1 (ii) and 3.2 (i)]
3.
Feasibility study for further extension of water
and sewer system.
[Policies 3.1 (iii) and 3. 2 (ii)]
4.
Additional cost requirement for Phase 1 sewer
system outfall if located at "B" -
5.
Waterfront roadway improvement.
[Policies 2.3 (iii) and 3.4 (ii) J
6.
Pave municipal streets.
[Policy 3.4 (viii)]
7.
Install fire hydrant service along existing
water supply route outside of Phase 1 area.
[Policy 3.6 (iv)]
8.
Develop community recreation areas.
[Policy 2.5 (i)].
9.
Construction of breakwater extending to
McDonald Island.
[Policy 3.2 (iii)]
Cost Estimate
$
210,000.
$1,070,000.
$
20,000.
$
95,000.
$
65,000.
$
340,000.
$
30,000.
Indeterminate
Indeterminate
Council adopts
the following policies for the financial
support of
capital works projects required for the provision of necessary municipal
services:
Policies:
32
(i)
Repair and renovation of existing municipal services
will be carried out at municipal expense using current
revenue where possible,
(ii) Capital projects of a relatively minor nature will be
paid for out of current revenue where possible as a
means of keeping capital debt to a minimum.
(iii)
The cost of providing municipal services to previously
unserviced areas will be defrayed by local improvement
assessment
of
real
property
in
accordence
with
Sections 142 to 147 of The Municipalities Act.
(iv)
Where trunk services are improved or newly installed
to
accommodate
service
requirements
of
previously
unserviced areas,
the cost of this
work will
be
apportioned to the area or among areas benefited by
the work, and a service levy will be assessed on real
property within the area or areas in accordance with
Sections 148 to 153 of The Municipalities Act.
3.8 Municipal Finance
Objective:
Po 1 ic ies:
To provide a publicly acceptable level of services at
minimum cost to present and future residents.
(i)
To annually prepare a five-year forecast of public
works required to improve and extend necessary munici-
pal services and to assign priorities to these works
with reference to Section 3. 7 of the Municipal. Plan
and to conditions as they prevail at that time.
(ii)
To adopt a program of public works in conjunction with
the annual budget and with reference to the five-year
forecast of capital works.
33
4.
IMPLEMENTATION
4.1
Regulatory Control
Powers
and procedures for dealing with
development
applications
in
conformity with the Municipal Plan are contained in Land
Use Zoning 1
Subdivision and Advertisement Regulations.
These regulations support the
Plan and will be adopted by resolution of council following adoption of
the Municipal Plan and submitted for approval of the Minister along with
the Municipal Plan.
These regulations will combine standard parts and
schedules, designed in accordance with provincial government policy, with
use zone tables and maps designed to meet tbe Community's particular
needs,
Use zone tables may distinguish between permitted uses
and
discretionary uses, the Latter being permissible at Council discretion.
Boundaries between land use designations shown in map form are approxi-
mate only except where they follow streams and roads.
These are to be
interpreted in terms of their general intent and amendment of the Plan is
not required to permit minor adjustments of this nature.
If a proposed development conforms to all requirements of the regulations
pertaining to the land use zone in which it is located, it must be per-
mitted.
However, in instances where Council determines that a develop-
ment proposal is premature due to the lack of adequate services (eg.
roads, watermains and sewers), the development may not be allowed unless
the developer is prepared to pay the cost of providing the needed
services to the standard required by Council.
4.2
Discretionary Powers
Council's discretionary powers in dealing with development applications
are as follows:
34
- Council may refuse a permit for development or attach conditions to a
permit even though the application conforms with the regulations if, in
the opinion of Council, the resultant effect, overall appearance, or
other material aspect
of a
proposed development is deemed
to be
contrary to overall policies of the Municipal Plan.
- Council, to a limited degree and with respect to matters other than
relating to land use, may by way of a "variance" approve an application
which does not comply with implementing regulations, providing, among
other things, that the variance is not contrary to the general intent
of the Plan and is in the public interest,
Public notice may be given concerning any application coming before
Council to enable objections or representations to be received for
consideration.
However, such public notification must be given with
respect to any proposed variance or authorized discretionary land use.
4,3
Non-Conforming Uses
Existing development which does not conform with the land use designated
by the Plan may continue in this non-conforming use subject to limita-
tions as to the extent of enlargement and alteration to be prescribed in
the Regulations.
4.4 Development Schemes
At any time after the Municipal Plan comes into effect council may pre-
pare and adopt a development scherne(s) for the purpose of carrying out
the proposals of the Plan.
In doing so, the council may specify the
manner in which a particular area of land is to be used, sub-divided or
developed.
This is prepared and submitted for approval using the same
procedure as applies to the Municipal Plan and when approved forms part
of the Municipal Plan.
35
Comprehensive Development Areas and such development scheme(s) as may
have been in effect prior to adoption of this Municipal Plan are recinded
and replaced by the provisions of this plan.
4.5
Appeals
When the Municipal Plan and the Regulations come into effect, council may
appoint members to a Local Board of Appeal, with duties and responsibil-
ities as prescribed in the Regulations.
In the absence of such appoint-
ment, an Appeal Board established by the Minister will act as the Local
Board of Appeal.
Cl.ERK
!l (l, y
"
f '
I
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r·
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8818
'
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I
i 1
COMMUNITY
OF
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i . '
',<
)
'
l :;
WEST ST. MODESTE
PLAN
OF LAND
USE
MAP
No. 1
SCALE -
: 35 000
Areo co1¥!r,:,d by Map No. 2 __ tzZW
Woter supply cons.,,-votion __ lf~:UfiVJl)i1
Residential- - - - - - - ______ l\}}'::;;::::)J
RurCJJ ____ _
- - - - - -
_,._j __
--,l
Plonn i ng area boundary ___ ------