Whitbourne, Newfoundland and Labrador
· adopted 2014-01-10
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Whitbourne lVI''
c'!IC,,2013 - 20;;
Whitbourne Municipal Plan
2013 - 2023
Prepared by Stanley N. Clinton, MCIP
August 2013
THE URBAN AND RURAL PLANNING ACT 2000
RESOLUTION TO APPROVE
TOWN OF WHITBOURNE MUNICIPAL PLAN 2013
Under the authority of Sections 16, 17, 18 and 21of the Urban and Rural Planning Act 2000, the Town
Council of Whitbourne :
a.
Adopted the Whitbourne Municipal Plan 2013 on the 30th October 2013.
b.
Gave Notice of the adoption of the Whitbourne Municipal Plan 2013 by advertisement inserted
on the 9th and 16th November in The Telegram newspaper.
c.
Set the 26th November 2013 at 7.30 p.m. at the Whitbourne Lions Club for the holding of a
public hearing to consider representations and objections.
d.
Within the time specified in the notice of public hearing for the receipt of submissions none was
received at the Whitbourne Town Office and so the public hearing was cancelled.
Now under the authority of Section 23 of the Urban and Rural Planning Act 2000 the Council of the
Town of Whitbourne approves the Whitbourne Municipal Plan 2013 as adopted.
APPROVED by the Town Council of Whitbourne on the 27'" November, 2013.
SIGNED AND SEALED the 27th November, 2013.
Mayor
--~·"-=----------,
Town Clerk
PROVINCIAL REGISTRATION
THE URBAN AND RURAL PLANNING ACT
RESOLUTION TO ADOPT
TOWN OF WHITBOURNE MUNICIPAL PLAN 2013
Under the authority of section 16 of the Urban and Rural Planning Act 2000, the Town Council of
Whitbourne adopts the Whitbourne Municipal Plan 2013.
The Whitbourne Municipal Plan 1998 as amended is repealed and replaced upon the coming into effect
of the Whitbourne Municipal Plan 2013.
ADOPTED by the Town Council of Whitbourne on the 30th day of October, 2013.
SIGNED AND SEALED the 30th day of October, 2013.
Mayor
Town Clerk
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CANADIAN INSTITUTE OF PLANNERS CERTIFICATION
I certify that the attached Whitbourne Municipal Plan 2013 has been prepared in accordance with the
requirements of the. Urban and Rural Planning Act 2000.
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Table to Contents
1.0 Introduction ......................................................................................................... 1
1.1 Purpose of the Plan .................................................................................. 1
1.2 Approval .................................................................................................. 1
1.3 Effect and Variation of the MW1icipal Plan ............................................. 2
1.4 Municipal Plan Implementation .............................................................. 2
1.5 Other Plans for Development .................................................................. 2
1.6 Interpretation ............................................................................................ 2
2.0 Planning Content ................................................................................................. 4
2.1 Whitboume MW1icipal Planning Area .................................................... .4
2.2 Population ................................................................................................ 4
2.3 Land Supply and Demand ...................................................................... .4
2 .3 . I Residential ............................................................................... .4
2.3.2 Commercial/Industrial .............................................................. 5
2.3.3 Public Uses ............................................................................... 5
2.3.4 Recreation and Open Spaces .................................................... 5
2.3.5 Rural Resource Uses ................................................................. 6
2.4 Road Network .......................................................................................... 6
2.5 Municipal Services .................................................................................. 6
2.6 Summary of Development Issues ............................................................ 6
3.0 Goals and Objectives ........................................................................................... 8
3.1 Land Use .................................................................................................. 8
3.2 Economic Development.. ......................................................................... 9
3 .3 Commercial and Industrial Development ................................................ 9
3.4 Housing .................................................................................................... 10
3.5 Culture, Recreation and Open Space ....................................................... 10
3.6 Transportation .......................................................................................... 11
3.7 Environment ............................................................................................ 11
3.8 Municipal Finances .................................................................................. 12
3.9 Public Services ......................................................................................... 12
4.0 Land Use Policies ............................................................................................... 13
4.1 Policy Statement ...................................................................................... 13
4.2 General Intent and Interpretation ............................................................. 13
4.3 General Policies ....................................................................................... 13
4.3.1 Physical Structure ..................................................................... 13
4 .3 .2 Subdivision Policies .................................................................. 14
4.3.3 Development Agreements ........................................................ 14
4.3.4 Council Assumption of Private Roads ...................................... 14
4.3.5 Access and Public Street ........................................................... 15
4.3 .6 Building Setback ....................................................................... 15
4.3. 7 Environmental Preservation and Enhancement.. ...................... 15
4.3.8 Sods and Drainage .................................................................... 15
4.3.9 Removal of Topsoil .................................................................. 16
4.3.10 Protection ofWatereourses and Fish Habitat ......................... 16
4.3.11 Development Criteria for Non-Residential
Sites
16
4.3.12 Designated Flood Plain ........................................................... 17
4.3.13 Mineral Exploration ................................................................ 19
4.3.15 Areheological Remains ........................................................... 19
4.4 Specific Land Use Designations and Policies ......................................... 19
4.4.1 Residential ................................................................................ 19
4.4.2 Commercial.. ............................................................................. 21
4.4.3 Commercial Industrial .............................................................. 22
4.4.4 Mixed Use ................................................................................. 22
4.4.5 Public Use ................................................................................. 23
4.4.6 Rural ......................................................................................... 23
4.4. 7 Environmental Protection ......................................................... 24
4.4.8 Open Space/Recreation ............................................................. 25
4.4.9 Institutional/Correctional .......................................................... 26
5.0 Municipal Services ............................................................................................. 27
5.1 Sanitary Sewer System ............................................................................ 27
5.3 Storm Sewer System ................................................................................ 27
6.0 Implementation ................................................................................................... 28
6.1 Administration of the Plan ....................................................................... 28
6.2 Municipal Budget and Capital Investment Plan ...................................... 28
6.3 Integrated Community Sustainability
Plan .................................... 29
6.4 Development Regulation ......................................................................... 29
6.4.1 Considerations for Rezonings ................................................... 29
6.4.2 Criteria to be Considered .......................................................... 29
6.5 Development Schemes ............................................................................. 30
6.6 Municipal Land Assembly ....................................................................... 30
6. 7 Amending and Reviewing the Municipal Plan ........................................ 31
6.8 Professional Advice ................................................................................. 31
1.0 Introduction
1.1 Purpose of the Plan
The Whitboume Municipal Plan is Council's comprehensive policy document for the
management of growth within the municipal planning area over the ten-year planning
period 2013-2023.
The Plan repeals and replaces the Whitboume Municipal Plan
(approved in 1998).
The Plan has been drafted following a comprehensive review of the 2000 Plan and all
other land use planning documents pertaining to the Town. All relevant planning issues
have been reviewed, as required under the Urban and Rural Planning Act, including a
survey and study of land use, population growth, the economic base of the planning area,
transportation, and public services. The results of the work conducted for the review are
summarized in Section 2 of this Plan.
The Plan outlines a vision for development of the Town, and goals, objectives and
policies of Council regarding the development of the municipal planning area for the next
ten years. The Whitboume Municipal Plan consists of written text and Future Land Use
Maps.
1.2 Approval
When the Municipal Plan is formally adopted by resolution of Council under Section
16(1) of the Act, Council gives notice of a public hearing on the Municipal Plan. At the
public hearing the commissioner appointed by the Council will hear objections and
representations and then write a report to Council together with copies of all submissions
taken at the hearing.
After the commissioner's report has been submitted, Council consider's the
recommendations and may approve the Plan, or approve it with changes recommended
by the Commissioner. Council then submits the Municipal Plan and accompanying
Development Regulations to the Minister of Municipal Affairs to be registered in a
planning registry that the Minister has established in the Department. The Plan comes
into effect on the date notice of its registration is published in the Newfoundland and
Labrador Gazette (Section 24(3)).
1.3 The Effect and Variation of the Municipal Plan
When the Municipal Plan comes into effect it is binding upon Council and upon all other
persons, corporations and organizations. The Plan must be reviewed by Council every
five years from the date on which it comes into effect and revised to take into account
developments which can be foreseen during the next ten-year period.
Whitbourne Municipal Plan 2013
2023
1.4 Municipal Plan Implementation
Council is required to prepare regulations for the control of the use of land, in strict
conformity with the Municipal Plan, in the fom1 of Land Use Zoning, Subdivision and
Advertisement Regulations. These "Development Regulations" are prepared at the same
time as the Municipal Plan, and like the Plan, may be amended at any time to include
new land uses and specific regulations.
Day-to-day administration of the Municipal Plan and Development Regulations is
conducted by staff members authorized by Council, who issue permits for developments
approved by Council. Staff may also make recommendations to Council on matters
pertaining to development in accordance with the Municipal Plan, and enforce the
regulations.
1.5 Other Plans for Development
At any time after the approval of the Municipal Plan, Council can prepare and adopt
development schemes under Section 29 of the Urban and Rural Planning Act for the
purpose of carrying out specific proposals of the Municipal Plan.
Council may also prepare a development scheme 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 Plan. Development schemes are
prepared and approved in the same way as the Municipal Plan and fonn part of the Plan.
Council may reserve land for future acquisition as the site for a public roadway, service
or building, or for a school, park or other open space, and may make such agreement with
owners of the land as will permit its acquisition and use for these purposes. Council may
also specify the way in which any particular 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 any development project.
1.6 Interpretation
The following sections and the Future Land Use Maps constitute the legally effective
parts of the Whitboume Municipal Plan.
In this Municipal Plan:
-
"Council" shall mean the Council of the Town ofWhitboume.
-
"Development Regulations" shall mean the Whitbourne Land Use Zoning,
Subdivision and Advertisement Regulations.
-
"Municipal Planning Area" shall mean the Whitboume Municipal Planning Area.
Whitboume Municipal Plan 2013 - 2023
2
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"Town" shall mean the Town ofWhitbourne.
The boundaries between the different land uses designated in the Municipal Plan are
meant to be general, except in cases of roads or other prominent physical features where
they are intended to define the exact limits of each category.
Nothing in the Plan shall affect the continuance of land uses, which are lawfully
established on the date that this Plan comes into effect
Whitbcurne Municipal Plan ZOJ 3 - 2023
3
2.0 Planning Context
2.1 Whitbourne Municipal Planning Area
The Town of Whitboume is situated inland on the Avalon Peninsula at the junctions of
the Argentia Access Road (R I 00) and the Trinity Shore Highway (R 80) with the Trans
Canada Highway (TCH), approximately eighty (80) kilometres west of St. John's.
Although the town's origins are based on the railway and agriculture, with the closing of
the fonner its accessibility afforded by the above noted roads have changed its orientation
to that of a centre providing services to the traveling public and its region. The town
encompasses an area of 214.1 square kilometres, but the Municipal Planning Area ,which
includes the town's protected watershed, more than doubles the municipal area and is
shown more precisely on Future Land Use Map 2.
The land in general is relatively flat and there are a number of ponds and low lying
wetlands which on the one hand provide attractive aspects for development and on the
other hand present constraints to continuous and compact development
2.2 Population
In 2006 Whitboume's population was 855 and by 2011 tis had grown to 916, an increase
of 7.1%.Tthis compares with a growtl1 rate of 1.8% for the province as a whole and a
growth of 5.6% for Census Subdivision No. I in which Whitboume is located. This is at a
time when the vast majority of small rural communities in the province have experienced
declines in their populations.
Although modest it would appear that Whitboume's location and ease of access relative
to the province's growth points of the St. John's region and the Isthmus of Avalon plus
the availability of residential land have contributed to this growth and should continue to
provide stability and future impetus for further growth.
2.3 Land Supply and Demand
As noted earlier there are some physical constraints to development in the Town of
Whitboume. However, there are still considerable opportunities. With the four laning of
the Trans Canada Highway between St.John's and Whibourne and its continuation at
least around the town it is expected that Whitboume's growth will continue to have good
access to the province's most economically active centres and be in a position offer both
residential opportunities and commercial services to the Trinity/Placentia region and
cross island travelers.
2.3.1 Residential
In 2011 there were 478 dwellings in the town of which385 were
occupied by their owners. However there is already considerable acreage reserved
for future residential development to the east and west of Goose Pond and
Whitbourne Municipal Plan 2013 - 2023
4
between Bethune's Pond and Junction Pond plus other infilling opportunities such
that there should be no constraint to residential growth over the planning period.
2.3.2 Commercial/Industrial
The upgrading of the Trans Canada Highway between
St. John's and Whitboume resulted in the reduction in the number of highway
servicing opportunities on this section of road. On the other hand it and the
vicinity of the Argentia Access and Trinity Shore highway junctions would
appear to have increased the attractiveness of the Whitboume service centre.
There is limited addition space available at this location but other land to the east
and towards Goose Pond would appear to provide for highway service related
development opportunities.
The original town centre in the vicinity of the abandoned rail junction and yards
still functions as such but in a lesser capacity as commercial development has
tended to gravitate northward along Route 81 towards the Trans Canada Highway.
The vacant rail yard lands provide an opportunity to consolidate the centre's role
but it is still expected that this trend will continue with original node and the
frontage of Route 81 becoming a mix of commercial, service and residential uses
Although strictly speaking the town's three chicken farms are not industrial uses
they very much in appearance resemble industrial operations. Their potential for
nuisance is such that they warrant relative separation from other uses and also
encroachment from those uses.
Any other industrial uses if they should arise are likely to be resource based and
located outside of the urban part of town.
2.3.3 Public Uses - Public uses such as schools( one of which is the provincial youth
centre), health centre, churches, municipal and government government offices
and other places of assembly are distributed throughout the town, although mostly
in or near the original town centre. It is not anticipated that there will be any such
new facilities during the planning period, but should the need arise there are
potential sites within the servicing limits.
2.3.4 Recreation and Open Space - A regional stadium is located at the north end of
town near to the Trans Canada Highway and a park on Junction Pond at the south
end of town
A ball field and recreation area are near the centre of town and traversing the town
on the alignment of the old rail line is the Newfoundland Trailway. Otherwise the
town is small and the open country is always near and accessible.
Whitboume Municipal Plan 2013-2023
5
2.3. 5 Rural Resource Uses - A large portion of the rural area to the east of town is
comprised of the section of the Hodge River watershed that is protected as the
town's source of domestic water. There are a number of cottages elsewhere in the
rural area and in town are the chicken fanns previously noted
2.4 Road Network
The significance of the junctions of the Argentia Access Road and the Trinity Shore
Highway with the Trans Canada Highway has previously been noted. It is anticipated that
the TCH upgrading will at some point be continued further westward.
The original town was developed around the rail junction and yards in a partial grid but
has now spread northward along Route 81, which is effectively a town street, and the Old
Brigus Road.
2.5 Municipal Services
Piped water and sewage disposal systems are available throughout the central core area of
the town. Water is pumped from the Hodge River to an elevated tower and sewage is
directed to a lagoon at Bethune's Pond.
Outside of the core there are no piped municipal services and although there are no
problems anticipated with expanding the sewage treatment facility should additional
development be connected into the system, it has yet to be determined what work would
be needed to expand the area covered by the municipal water supply. The capacity and
elevation of the tank and the pipe capacities at the outer limits will determine whether or
not water can be provided to areas such as Goose Pond.
The Hodge River designated protected watershed is partly in the town with a much larger
area being in the Municipal Planning Area.
2.6 Summary of Development Issues
This plan must address a number of issues, which arose from the public consultation,
consultation with the government departments and agencies and a review of existing
policies and development These include:
-
A need to identify land for additional highway related commercial
development;
-
The avai !ability of land for other than high end residential development:
Whilbourne Municipal Plan 20/3---2023
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The need to protect the chicken farms from encroaching development;
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The use of the vacated railway lands;
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The preservation of land for access and recreational purposes, in particular
the river corridors and pond frontages;
-
The incorporation of a comprehensive flood risk policy, for that area prone
to this risk;
-
The extension if possible of the water and sewer systems to the outer areas
to reduce the reliance on wells and septic systems and possible impacts on
ground water supplies, ponds and wetlands;
-
The protection of the !railway corridor;
-
New developments where possible shall be interlinked by both road and
pathways and existing dead end streets will be eliminated where possible;
Whitbourne Municipal Plan 2013 -~ 2023
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3.0 Goals and Objectives
The following are the planning goals and objectives of the Town of Whitbourne for the
I 0-year planning period.
Each goal is a desired state which reflects the long-range
desires of the Council. Each objective is a shorter-term step towards achieving the goal.
It should be concrete, realistic, action-oriented, and attainable within the planning period.
To implement these aims Council adopts the policies outlined in S 4.
3.1 Land Use
Goal: To manage growth in the Town in a manner to ensure orderly development,
the economic use of municipal services and compatibility between adjacent
land uses.
Objectives:
-
Encourage continued infilling along existing public roads, thus making better use
of municipal infrastructure where available.
-
Encourage new compact development in areas that can be economically
connected to the Town's municipal water and sewerage systems.
-
Accommodate unserviced development only in areas where services can not be
economically provided, only where environmental standards can be met and
where development will not interfere with the optimal future use of adjacent
lands.
-
Preserve adequate public open space, thus maintaining the character of the Town.
-
Guide new development in a fashion that is compatible with surrounding land
uses.
-
Protect environmentally important or sensitive areas such as ponds, rivers,
streams, and wetlands, by designating them as conservation areas.
-
Encourage further consolidation and further development of the two commercial
nodes and their linkage.
Whitbourne Municipal Plan 2013
2023
8
3.2 Economic Development
Goal: To encourage diversified economic growth in order to generate employment
and build up a favourable base for municipal assessment.
Objectives:
-
Diversify the local economy by supporting local entrepreneurs and attracting new
businesses and industries.
-
Encourage the development of additional commercial uses to serve local residents
and the regional market
-
Protect the chicken farms from encroachment.
-
Support the development of facilities and attractions that will enhance tourism.
-
Encourage the development of inoffensive home based business.
3.3 Commercial and Industrial Development
Goals: To develop an appropriate mix of retail, office and service facilities to serve
residents and provide a source of employment.
Objectives:
-
Ensure an adequate supply of land at appropriate locations for commercial
facilities.
-
Encourage consolidated development of retail, office, and service industries in the
two commercial nodes and along Route 81.
-
Ensure maximum utilization of existing serviced core land.
-
Encourage resource utilization on rural lands outside of the urban limits of the
town
-
Prevent development in inappropriate locations of offensive trades and nuisance
that may be detrimental to the Town as an attractive place to live.
Whilbourne Municipal Plan 2013 -- 2023
3.4 Housing
Goal: To provide land for an adequate quality and quantity of housing to serve the
needs of the present and future population.
Objectives:
-
Maintain a high standard of residential subdivision design by encouraging
comprehensive development, open space amenities and efficient road networks.
-
Accommodate demand for a variety of housing types and preferred locations.
-
Encourage new housing in areas that can be economically connected to municipal
water and sewer services.
-
Accommodate unserviced residential development only in areas where it is
uneconomic to provide these services and the development will not result in
future demands for municipal water and sewer services, will not interfere with the
optimal future use of adjacent lands or negatively impact ground water supplies or
water bodies
-
Link residential areas with each other through new development and the
acquisition of key rights of way.
3.5 Culture, Recreation and Open Space
Goal: To provide convenient, functional well maintained and operated public
recreational and cultural facilities, which meet the leisure needs of all age
groups.
Objectives:
-
Locate sufficient open space and recreational facilities conveniently accessible to
all residential areas.
-
Develop recreational uses in conjunction with new developments.
-
Preserve areas and features of natural, scenic, environmental, and historical
significance.
-
Support the provision of cultural and recreational facilities and services, which are
accessible to people of all abilities (including the disabled) and ages (including
senior citizens and youth).
-
Develop a trail system for a variety of users and purposes including linkages
between the town's recreational areas and recreational and commercial facilities
and protect these trails from incompatible development.
Whitbourne Municipal Plan 2013-2023
JO
3.6 Transportation
Goal: To develop a safe and efficient transportation network to serve Whitbourne.
Objectives:
-
Maintain existing public roads through a regular program of maintenance and
improvement.
-
Ensure that proper access is provided to all development.
-
Provide efficient means of access to public areas and buildings for disabled
persons.
-
Ensure that the transportation network accommodates pedestrians, with pm1icular
provisions to facilitate safe pedestrian and bicycle usage.
-
Develop roads that have minimal adverse impact on the environment and do not
detract from the aesthetic character of Whitbourne.
-
Ensure that development does not prevent access to the Trailway route through
Whitbourne
-
Ensure that new developments are interconnected by both roads and pedestrian
pathways and where possible existing dead end streets are connected to nearby
streets when the opportunity arises.
3. 7 Environment
Goals: To provide for the health, safety, welfare and enjoyment of the general
public.
To preserve and protect important aspects of the natural environment such
as the shorelines of ponds and wetlands
Objectives:
-
Recognize the existing natural constraints to development (such as ravines, steep
slopes, wetlands and lands in flood risk areas) and protect them in their natural
state.
-
Provide municipal services at environmentally acceptable standards.
-
Protect environmentally sensitive areas such as rivers, streams, wetlands, ponds,
and the watershed.
Whilbourne Municipal Plan 2013 ~ 2023
II
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Ensure that resource development act1v1ties such as forestry, agriculture and
aggregate extraction are undertaken in an environmentally responsible manner
and do not impact the developed area of Whitboume.
3.8
Municipal Finances
Goal: To achieve long-term financial stability by managing expenditures on
municipal services while broadening the assessment base for municipal
revenues.
Objectives:
-
Manage the expenditures on municipal services and achieve the most efficient use
of existing services.
-
Manage the municipal deht, considering the Town's ability to meet its
expenditures in the long tenn.
-
Diversify the local economy through the growth of existing businesses and the
establishment of new ones, so as to generate more municipal revenues.
3.9
Public Services
Goal: To ensure that there are sufficient public utilities, facilitk>s and services such
as fire and policing that meet the needs of current and future residents of the
Town.
Objectives:
-
Provide an acceptable and consistent level of water, sewer and stonn sewer
services to pennit maximum development and usage of available land.
-
Ensure an adequate supply of land to support the public and institutional needs of
the Town as they arise.
Whitbourne Municipal Plan 2013-2()23
12
4.0 Land Use Policies
4.1 Policy Statement
All development within the Planning Area must conform to the Goals and Objectives
outlined in Section 3.0 and the General Intent of the Municipal Plan expressed in Section
4.2; and with any applicable General Policy of Section 4.3, and Policies Specific to the
Land Use Designation in which it is to be located as presented in Section 4.4.
4.2 General Intent and Interpretation
General Intent of Municipal Plan
The General Intent of the Municipal Plan is to ensure that the foremost consideration
guiding future land use and development in the Planning Area will be the Goals and
Objectives expressed in Section 3.0 of this document and the potential cumulative effect
of individual development on those goals and objectives.
Interpretation of Policy Statements
-
When a judgment, interpretation or choice regarding a planning issue or
development proposal has to be made, Council's decision shall take foremost into
account the Plan's General Intent, principles of good municipal planning and the
overall best interests of the Town's residents.
If necessary and appropriate,
concerned residents and departments or agencies of higher levels of government
shall be consulted.
-
Except where there are distinct physical barriers, boundaries between different
land use designations may be interpreted to provide for the reasonable
development of land provided that any variance is minor and the result does not
compromise the goals and objective as stated in Section 3.0 of the Plan.
4.3 General Policies
The following policies are general in scope and they may be applied to more than one
land use designation and to different sections of the Town.
4.3.1 Physical Structure - Land uses are allocated in accordance with the Future Land
Use Maps 1 and 2 attached to this text.
Development within the Planning Area will be managed in accordance with the
regulations of Council, in concert with the policies, acts and regulations of the
Province.
Development which would not have been permitted within the land use
designation in which it is located may continue as a non-conforming use, with
restrictions designed to limit its potential for replacement.
Where a non-
conforming use is causing a nuisance or otherwise infringing on or preventing
Whitbourne Municipal Plan 2013 - 2023
/3
allowable development Council will encourage its relocation or discontinuance.
However it is Council's intention to phase out non-confonning uses over time. If
a non-conforming use ceases to exist or operate for a period of more them one
year, any new use for the property and any buildings must conform to the current
land use designation.
Municipal and public utility works such as telephone, pollution control and
electric utility facilities are permitted uses in all land use designations, provided
no adverse effect on adjacent land uses is created. In this regard, the size and
appearance of such works must be in keeping with adjacent uses and provision
shall be made for buffering in the form of landscaped areas between uses, where
in Council's opinion it is necessary.
Where routes are required for utility easements or emergency access, land will be
acquired for the appropriate agency in the course of approving subdivisions or
through the development application process.
4.3.2 Subdivision Policies - All proposed subdivision developments will be subject to a
comprehensive evaluation by Council. The content of this evaluation will be
detailed in the Development Regulations, which will implement this Plan and
shall include:
An analysis of all physical features of the site and the opportunities and
constraints to development that they represent.Where possible, the layout of
proposed lots and roads shall conform to the topography,
An analysis of how the proposed subdivision will integrate with ex1st111g
development, roads, services on adjacent lands, and provide for future access to
undeveloped lands in the area, and
An assessment of compatibility between the subdivision and surrounding land
uses both existing and proposed for the future.
4.3.3 Development Agreements - It shall be a policy of the Town to enter into
agreements for new developments involving the subdivisions and/or consolidation
of lands for development. Such agreements will be negotiated between the
developer and Municipality for financing and development of all services,
constructed to municipal standards and consistent with the Policies of this Plan
and the Development Regulations.
4.3.4 Council Assumptio11 of Private Roads - Existing private roads or those public
roads not maintained by the Town must be upgraded to Council standards before
Council will take responsibility for them and before further development is
allowed along the roads.
Whitbourne Municipal Plan 2013 ···· 2023
14
4.3 . .'i Access and Public Street - All development must front on a publicly maintained
street, unless otherwise specified in this Plan.
4.3.6 Building Setback - Adequate building setback from roads shall be required in
order to maintain road standards. Setbacks should be sufficient to allow for
landscaping of front yards, vehicle off-street parking and not interfere with the
operation of Town's snow clearing programme but not so large as to preclude the
provision of municipal and emergency services. In certain circum;1ances where
topography restricts the development of a lot, a larger setback may be permitted to
accommodate the development.
4.3. 7 Environmental Preservation and Enhancement - Council will place high
importance on envirorunental preservation and enhancement, given its importance
to residents and to Council's intention of enhancing the local environment and
developing a tourism industry.
Natural Environment
The policy of preserving the natuml environment will apply to all natural
systems within the Planning Area, including natural drainage systems,
wetlands bogs, wildlife, plant and fish habitats.
The preservation of
watercourses and shoreline areas will be priority within the Planning Area.
Development proposal shall include plans for grading, ditching, and
landscaping.
Significant alterations to the natural environment (such as
changing the drainage pattern or removing vegetation) will be considered
during the evaluation of development proposals.
Alternations which will
adversely affect adjacent property shall not be permitted.
Built Environment
Council will encourage partnerships and initiatives aimed at changing
environmental attitudes, awareness and promoting projects which will
enhance the built environment. Examples will include the following:
-
Preservation of trees on sites for new development (i.e. discourage the
traditional practice of clearing development sites of all trees and
vegetation) which may include requiring a landscape plan outlining
which trees and vegetation are to be retained and/or planted.
-
Development of walking trails around ponds and in river valleys.
-
Reduction and recycling of solid waste within the Town.
4.3.8 Soils and Drainage -Development shall only be permitted on lands having soil
and drainage conditions that are suitable to permit the proper siting and
development of the proposed uses and any onsite services.
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4.3.9 Removal of Topsoil - Removal of topsoil from land will not take place unless a
permit has been obtained from the Department of Natural Resources and Council
has given approval.
4.3.10 Protection of Watercourses and Fish Habitat - Rivers, streams, ponds and
shorelines shall be protected from pollution and development.
The existing
vegetation shall be maintained along banks and shorelines where possible. No
development shall be permitted within 15 metres of a watercourse without
approval from the Departments of Environment and Conservation and, if fish
habitat is affected, from Fisheries and Oceans Canada.
Council shall encourage the preservation and protection of sensitive wetlands that
are valuable for controlling flooding, are habitats for water foul or have important
aesthetics value to the surrounding areas.
Any development proposal within
sensitive wetlands areas shall be referred to the Department of Environment and
Conservation, Water Resources Division, for comments before Council approves
any development.
4.3.11 Development Criteria for No11-Reside11tial Sites - All built development of non-
residential land uses will conform to the following criteria:
a) Each site will have direct frontage on a public road.
b) Development will be located and designated in a manner that minimizes the
impact of traffic, noise, lighting, and signage on adjacent residential areas.
Where necessary, screening will be required through the provision of trees,
shrubs, banks and berms, landscaping or fencing.
i. Properties will be designed, constructed and maintained to a
high standard with regard to safety, appearance, and
compatibility with surrounding land uses.
ii. Access points to the public street will be limited in number and
designed for maximum safety for pedestrians and vehicles.
iii. Each site will provide space for adequate off-street parking and
loading facilities to meet the needs of the proposed
development.
iv. Adequate municipal services must be available to meet the
needs of each proposed development.
Development must be in accordance with the Town's Development
Regulations and where applicable the regulations of the Departments of
Government Services, Environment and Conservation; Transportation and
Works; Fisheries and Oceans and any other relevant agencies.
Whithourne Municipal Plan 2013- 2023
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4.3.12 .Designated Flood Plain - The flood risk area for the Hodge River has been
identified as the I :20 year floodway and the I: I 00 year flood way fringe. These
designations are established to identify flood risk areas and to reduce the risk to
life and future damage to infrastructure and development resulting from flooding.
It is the prime responsibility of the property owner to avoid development in areas
of flood risk and, in instances where development already exists or is permitted,
to undertake appropriate flood proofing. The following policies shall apply to
Flood Plains:
Floodway
(a) Within a floodway,
(i)
New development is restricted to non-building uses such as
roads and associated structures, agriculture, open space and
recreation, service corridors and to minor structures related to
utilities and marine activities;
(ii)
The placement of imported fill is prohibited unless it is
specifically required as a flood proofing measure or for public
infrastructure provided that appropriate studies are carried out
and show that these structures will not be damaged by
flooding, impede water flows or contribute to an increase in
flood risk;
(iii)
Existing buildings or structures damaged beyond economic
repair shall not be replaced unless:
(a) the replacement building or structure has no greater floor
area than the original building or structure at or below the
defined flood proofing elevation;
(b) the replacement building or structure is flood proofed;
and
(c) the replacement building or structure does not impede
water flows or contribute to an increase in flood risk.
(iv)
Existing uses, such as residential, commercial, industrial and
institutional buildings, are encouraged to undertake flood
proofing measures to reduce the risk of flood damage or
relocate.
(v)
Any expansion of existing buildings and structures must be
balanced against the risks to human safely and property and the
possibility of exacerbating upstream and downstream flooding.
Any expansion of existing buildings and structures in the
Whitbourne Municipal Plan 20/3-2023
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floodway must not increase the area of the structure at or below
the defined flood proof elevation.
(vi)
Development in the floodway, floodway fringe and in a 15
metre buffer around these zones as well as any area know to be
subject to flooding must obtain prior written approval of the
Minister of Environment and Conservation in accordance with
S 48 of the Water Resources Act.
Floodway Fringe
(b) Within a floodway fringe:
(i)
New buildings and structures, provided they are floodproofed,
may be penn itted, except for:
(a) residential institutions such as hospitals, senior citizen
homes, homes for special care and any other use where
flooding could pose a significant threat to the safety of
residents if evacuation becomes necessary,
(b) police stations, fire stations and other facilities that may
provide emergency services during a flood including
government offices;
(c) schools, and
(d) uses associated with the storage, warehousing or the
production of hazardous materials including gas stations.
(ii)
The placement of imported fill shall be limited to that required
for floodproofing, flood risk management or for public
infrastructure provided that appropriate studies are carried out
and show that these structures will not be damaged by
flooding, impede water f1ows or contribute to an increase in
food risk.
(iii)
Development in the floodway and floodway fringe and in a 15
metre buffer around these areas as well as in any other area
known to flood must obtain prior written approval of the
Minister of Environment and Conservation pursuant to S. 48 of
the Water Resources Act.
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2023
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4.3.13 Mineral Exploration - Mineral exploration including seismic testing shall be
limited to rural and resource areas and such activities shall not cause undue noise,
ground disturbance or risks to the health and safety of residents of the Town.
4.3.14 Archaeological Remains - There are no recorded archaeological sites in the
Whitboume Planning Area but there is always a potential for the discovery
particularly near water bodies. Any proposed development on vacant land near
water bodies will be forwarded for review by the Provincial Archaeology Office,
which must also be infom1ed of any finds discovered during development
anywhere in the Planning Area.
4.4
Specific Land Use Designations and Policies
Land within the Whitboume Municipal Planning Area shall be managed in accordance
with the land use designations show on Future Land Maps No's 1 and 2, the specific
policies applicable to those designations outlined in this section and General Polices
outlined in Section 4.3.
Future Land Use Maps No's I and 2 divide the Planning Area into the following land use
designations:
4.4. I Residential - The purpose of the Residential designation, which is the major land
use in Whitbourne, is to preserve the amenity and character of existing residential
areas and to reserve lands for future residential use throughout the planning area.
The residential designation covers most of the built up portion of the Town and it
is anticipated that the vast majority of future development will be of a residential
nature. Lands to the east of Goose Pond and infill opportunities in the built up
area of the Town provide the most immediate opportunities for development and
although the lands set aside Mixed Use on the Future Land Use Map are not
specifically earmarked for residential use it is anticipated that residential
development will likely be a significant component in these areas.
(i)
Land Designations
The Residential designation will be divided into three residential zones in
the implementing Development Regulations. These zones for the existing
developed areas of the Town will reflect the nature of that development
and for existingly undeveloped areas the zoning will reflect what Council
feels is the most appropriate form of development.
The Residential 1 zone will be applied to the vast majority of existing
Residential development.
The Residential 2 zone will be applied to the ex1st111g less densely
developed areas of the Town such as housing in the vicinity of Goose
Pond and development proposed for Junction Pond.
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The Residential Seasonal zone will be applied to land to the west of Goose
Pond to be developed for the seasonal accommodation of trailers and
recreational vehicles.
(ii)
Land Uses
Within lands designated for Residential use to which the Residential 2
zone will apply the only fonn of residential units will be single family
detached dwellings. However in the Residential 1 zone higher density
forms of development such as row housing, duplexes and low rise
apartment units may be pennitted. Also within this zone Council may
consider the development of a mobile home park for pennanent and/or
seasonal occupancy.
In both the Residential 1 and 2 zones complementary uses such as child
care, home based business, bed and breakfast, medical treatment and
special care and personal and professional services uses may be permitted
if they are confined to the residential unit. Recreational uses such as small
children's playgrounds may be located within either of the residential
zones provided that adequate screening from nearby properties is provided
and there is adequate setback from adjacent roads.
Where a medical treatment and special care use is pennitted it shall be
limited to homes for the aged.
Where the bed and breakfast, home office and family childcare uses are
permitted tbey shall be clearly subsidiary to the main residential use and
there shall be no open storage of materials, equipment or products and
Council must determine that they would not adversely affect the
residential quality of the area by either increased traffic, noise, unsightly
premises or similar considerations.
In the Residential Seasonal zone complementary uses such as an office,
recreational and catering uses may be permitted.
(iii)
Residential Subdivisions
In order to ensure efficient use ofland and municipal services and to avoid
a proliferation of dead end streets, proposals for the subdivision of land
will only be considered by Council ifthey confonn to an area concept plan
that takes into account the development of lands abutting the site or form
part of a much larger development for which a development scheme has
been prepared and approved by Council.
Whitbourne Municipal Plan 20/3 2023
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Generally an area concept plan should be for an area large enough to show
the relationship between adjacent parcels of land and proposed roads and
will address all pertinent planning requirements for the development of the
area, which may include:
-
Conformity with the goals, objectives and policies of this plan.
-
A description of the subject lands.
-
lbe proposed use of all land in the area concerned, taking into account
Council's aim to promote orderly development and the economical use
of municipal services.
-
Access to the site and an internal road system taking into account the
existing road network in the vicinity.
-
Consideration of land ownership and how it may affect the design and
development of streets and the subdivision of adjacent lands.
-
Description of the impact on adjacent land uses.
-
Assessment of possible impacts on the natural environment of the area.
-
A phasing scheme for the proposed development.
When reviewing area concept plans Council shall seek public input from
residents as early as possible in the pre-approval process. Once an area
concept plan has been accepted by Council it may consider detailed
subdivision plans for portions of that concept area and in doing so must
ensure conformity with the concept plan before approval of the
subdivision and the entering into a development agreement for the
provision of services and amenities.
(iv)
Open Space Requirements
The provision for open space within a residential subdivision development
shall be the responsibility of the developer who shall dedicate a minimum
of 10% of suitable land in the residential subdivision area for recreational
open space purposes or alternatively Council may require the developer to
pay a sum of money equal to 10% of the assessed value of land before any
development of the subdivision can commence.
4.4.2 Commercial
Lands set aside for commercial use are to accommodate the
commercial and service needs of the Town and the traveling public and to
accommodate growth in the tourism sector.
(i)
Location
In the Development Regulations implementing this plan those lands
designated for Commercial purposes will be covered by two different
zones. Nevertheless it is anticipated that other commercial and service
type uses may locate in the Mixed Use zone.
Lands in the vicinity of the Trans Canada Highway will be zoned for
Highway Commercial Use.
Whilbourne Municipal Plan 2013 2023
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(ii)
Lands at the north end of Route 81 and elsewhere in the Town will be set
aside for other commercial/service uses serving more local needs and
zoned Commercial General.
Land Uses
Where the Commercial General zone is applied it is Council's intent to see
developed a range of retail and service facilities mainly catering to the
needs of the Town's residents and as such it is anticipated that shops,
office type uses and catering facilities will likely be the main uses.
However a range of other uses including commercial accommodations and
entertainment type uses may be considered.
On .lands adjacent or with good access to the Trans Canada Highway
where land has been set aside for commercial purposes it is anticipated
that these lands will be developed for uses servicing the traveling public
and providing a tourism base for the Town. The uses here could include
accommodations, either in the form of hotels or motels or camping type
facilities, uses such as service stations and eating establishments which
service the traveling public or other attractions which may be ofinterest to
the tourist sector.
4.4.3 Commercial Industrial
This designation has been applied to the three poultry
operations based largely on their size, appearance and nature of their use and to
land fronting the Argentia Access in the vicinity of its junction with the TCH.
(i)
Location
The sites of the three existing poultry businesses will be zoned for that
purpose and a buffer zone will be applied to lands surrounding them to
prevent development which could be negatively impacted by them and to
prevent the encroachment of development which could limit their
operation.( See 4.4.6 (iii) )
(ii)
Land Uses
Where the Commercial Industrial zone is applied to the chicken barns only
poultry uses will be permitted.
On the Argentia Access Road frontage a broader range of industrial and
commercial uses likely serving a wider region will be permited.
4.4.4 Mixed u~e -
The Mixed Use designation has been applied areas have developed
or are developing with a mix ofresidential commercial and public
uses.
Whitbourne Municipal Plan 2013 - 2023
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(i)
Location
This designation has been used for the original core of the town and for the
majority of the frontage of Route 81.
(ii)
Land Use
A range of residential, commercial, office, service and public uses may be
permitted and council will exercise due care where non- residential uses
are proposed near to existing residences either in not permitting these uses
or imposing appropriate conditions to protect the residential integrity.
4.4.5 Public Use - The Town has a number of areas in which public and institutional
uses are located.
These include schools, places of worship, municipal and
government oftices and community facilities.
(i)
(ii)
Location
The Public designation recognizes existing facilities and no land beyond
those existing facilities is designated in this plan for that purpose.
Land Use
Lands are designated Public are for public or semi-public uses and could
include places of worship, cemeteries when they are located in the urban
part of town, schools, fire hall, community centre and municipal and
government offices.
4.4.6 Rural - The built up area of the Town of Whitboume in its central core is
relatively compact but spreads out northwards, as a consequence within the
municipal boundary and certainly within the municipal planning area there are
lands, which will clearly not be required or be suitable for urban development in
the near term. The rural designation will be applied to these areas.
(i)
{ii)
Location
All lands in the Whitboume Municipal Planning Area not falling within
any other land use designation are designated Rural.
Land Use
Lands in the Rural designation may be used for agriculture, forestry,
mineral exploration and extraction, outdoor recreation and adventure
tourism. Activities associated with the conservation of soil, wildlife and
fish are also permitted.
Whilbourne Municipal Plan 2013 ··· 2023
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A dwelling may only be permitted in conjunction with one of the
permitted rural uses but must be clearly subsidiary to that use. A seasonal
residence may be permitted in any area already partially developed with
similar structures.
(iii)
Livestock and Poultry Facilities
The development of new structures or the conversion of existing ones for
the accommodation or processing of livestock or poultry will not be
permitted within 480 metres of an existing dwelling, except a farm
dwelling or within 480 metres of land designated for future residential
development.
Existing livestock or poultry operations located within 480 metres of an
existing or planned residential area will be allowed to continue, however
they will not be permitted substantial expansion.
(iv)
Forestry
Limited forestry activities may be permitted in the Rural designation
provided they do not take place within the view scape from the built up
area of the Town of Whitboume.
(v)
Mineral Workings
Quarries may be permitted in the Rural area where they are deemed by
Council not to be incompatible with adjacent existing or planned uses and
where they do not fall within the viewscape from the developed area of
Whitboume and where there would not be undue impact from truck traffic,
noise and dust on any other land use. In considering these matters Council
may if it deems appropriate only allow development subject to that
development providing adequate screening from other uses and the
posting of a performance bond to cover remediation costs when the use
has terminated.
(vi)
Future Use of Land in the Rural Designation
The Rural designation provides for land to be used for a number of uses
previously noted. However in the longer term and beyond tbe period of
this plan the Town of Whitbourne may have to expand outside of its
existing urban limits and the most likely direction for this expansion
would be eastward. Therefore in considering the use of rural lands council
must ensure that their very long term use is not prejudiced and must
consider each proposed rural use on the basis of its likely longevity and its
potential for inhibiting urban growth when this materializes.
It is
recognized that making this judgment on what is a very long term
objective will be somewhat subjective but Council will consider each
proposal on a case by case basis and use its discretion accordingly
( vii)
Trails
Whitbourne Municipal Plan 2013 -2023
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The old rail bed (the Trailway) through Whitbourne has been placed in the
Environment Protection designation and largely abuts in the rural
designation. No rural use will be permitted to encroach or interfere with
the Trailway
4.4. 7 Environment Protection - The protection of water sources particularly where
used for domestic purposes is of paramount importance and large areas of the
Whitboume Municipal Planning Area are protected for this purpose.
(i)
Location
The Town of Whitbourne takes its domestic water supply from the Hodge
River water system which has a designated protected watershed which
falls within the Whitbourne Municipal Planning Area. In addition there are
numerous ponds, waterways and wetlands.
(ii)
Land Use
No development which could impact on the quantity or quality of
available water will be permitted in the designated watershed. The only
building or structures permitted will be those associated with the provision
of water and other than the use of the land for passive recreation such as
walking or ski trails, no other development will be permitted.
A fifteen (15) metre buffer will be placed around all other water bodies
where no development may be permitted without the approval of the
Minister of Environment and Conservation
4.4.8 Open Space/Recreation -
The lands designated Open Space/Recreation cover
lands which are used for both outdoor and indoor recreation. In the fonner
category and such uses as a ball field and in the latter a structure such as a
stadium
(i)
Location
The Open Space/Recreation designation has been applied to lands used for
a ball field, park and the stadium
(ii)
Land Use.
Within the Open space/Recreation designation lands may be used for
recreational activities and facilities, trails, public parks and natural areas.
The only urban type structure is the stadium on its present site. Should the
need arise to build another structure to accommodate other in door
recreation activities the chosen site will require an amendment to this plan.
Whi1bourne Municipal Plan 2013-2023
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4.4.9 Institutional/Correctional - This designation has been created to recognize the
specific correctional use ..
(i)
Location
The only area designated for this use is the Whitboume Youth Centre
(ii)
Land Use
The only uses pennitted will be those required for the operation of the
Centre which may include education, training and recreational facilities
amongst others.
Whitbourne Municipal I'lan 2013-2023
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5.0 Municipal Services
The quality of services to residents and businesses contribute to the attractiveness of the
Town as a desirable place to live. The Town strives to provide adequate municipal water
and sewer, fire protection, waste collection and disposal, snow clearing and recreational
services to the community.
Virtually all buildings in the original core area of Whitboume are connected to piped
water and sewer services.
However, these are not available in the areas spreading
northwards from the core.
5.1 Sanitary Sewer System
It is the policy of Council that all new development in the area where piped sewers are
available will be hooked into the Town's sewage collection system. The responsibility
for installation will rest with the persons or companies carrying out the development,
which must be completed to the standards specified by the Town.
Where piped sewage disposal is not available, proposed development will be only be
permitted if it will not negatively impact other development or ground water supplies.
5.2 Water System
The Town is supplied with domestic water from the Hodge River system. Water is
pumped from the River into the reservoir and then delivered by gravity to the core area of
the Town. It is Council's policy that water service be extended, where feasible to all new
development with the responsibility for installation lying with the private developer.
5.3 Storm Sewer System
The majority of streets in the built up area of Whitboume have open ditches as a means
of storm water disposal. However all new subdivision development must include curb
and gutter catch basins and storm water sewers.
In areas where storm water drainage is channeled into streams Council will ensure the
integrity of these streams and any fish or wildlife habitat associated with them.
Whitbourne Municipal Plan 2013 -2023
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6.0 Implementation
The Whitbourne Municipal Plan serves as the blueprint for the community's future
development. However, it is critical that the plan is put into action through correct
administration and positive action by Council when appropriate.
The Town will continue to grow primarily by private investment. The Town's role in
implementation is to help guide and shape private investment and in effect, implement
the Municipal Plan in a cooperative framework with the private sector. Municipal
services, regulations, and expenditures are a means to encourage or discourage the extent
and form of new development.
Successful implementation of the Plan involves:
-
effective administration of the Plan,
-
the adoption of a municipal and works budgets and the preparation of a
Capital Investment Plan
-
the adoption of land use zoning, subdivision and advertisement
regulations,
-
the preparation and adoption of development schemes,
-
a consistent procedure for considering amendments to the Plan and
-
the preparation of an Integrated Community Sustainability Plan.
6.1 Administration of the Plan
For the purposes of administering this Plan, the Future Land Use Maps shall be read only
in conjunction with the Goals, Objectives and Policies outlined in this document.
Development applications will be evaluated for their conformity with the Plan.
The boundaries of land use designations are shown on the Future Land Use Maps. Where
possible, these coincide with roads, fence or property lines or other prominent physical
features, or as a specified offset from physical features. It is intended that no amendment
of this Plan shall be required to permit minor adjustments to these boundaries where
required.
All development approved within the Planning Area must conform to the policies of the
Plan. Council will ensure that all development proposals are given a comprehensive
review, including circulation to affected public departments and agencies.
6.2 Municipal Budget and Capital Investment Plan
Like most businesses, the Town has a budget, which directs annual expenditures. Where
and how the Town chooses to spend funds each year can have a significant impact on the
future development of Whithourne.
Whitbourne Municipal Plan 2013-2023
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The various policies related to servicing in the Municipal Plan will be implemented
through expenditures according to the Whitbourne Capital Investment Plan (WCIP) and
for which the town will apply for Provincial cost shared funding .The WCIP must be
prepared and submitted to the Province in order to access funds made available under the
Federal/Provincial gas tax refund agreement.
Under this agreement funds can be made available for environmentally sustainable
municipal infrastructure e.g. water supplies, wastewater management, solid waste
management, public transit, community energy systems, municipal capacity building and
roads and bridges, where it can be demonstrated they will enhance environmental
sustainability outcomes.
6.3 Integrated Community Sustainability Plan
An Integrated Community Sustainability Plan is a long term plan developed in
consultation with community members which provides a direction for a municipality to
realize the sustainability objectives it has for the environment, cultural, social and
economic dimensions of its identity. Such a plan is required to be prepared during the
lifetime of the gas tax refund agreement if a municipality wishes to access funds made
available through that agreement.
6.4 Development Regn lations
To implement the goals, objectives and policies of the Municipal Plan, Council will
prepare and adopt Development Regulations pursuant to Section 35 of the Urban and
Rural Planning Act.
All land within the Municipal Planning Area will be covered by land use zones, which
will list permitted and discretionary uses and provide detailed requirements such as lot
size, frontage, building setbacks and parking standards.
6.4.1
Considerations for Rezonings
In order for consideration of any proposals for
an amendment to the Development Regulations (i.e. a rezoning), Council shall
require a clear proposal to be submitted. Such a proposal must clearly show:
a) The location of the su~ject property, to scale, showing lot dimensions,
area, street frontages;
b) The means by which the site is/will be serviced;
c) The proposed location of all driveways and parking areas;
d) Areas which are to be landscaped and/or buffered;
e) The proposed location of all buildings on the site.
6.4.2 Criteria to be Considered
In its review of proposals for amendment to the
Development Regulations, Council shall consider all appropriate policies set out
in this Plan and have regard for the following:
Whitbourne Municipal Plan 2013-2023
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a) The financial ability of the Town to absorb any costs relating to the
development;
b) The adequacy of municipal water and sewer services, or where on-site
services are proposed, the adequacy of the physical site conditions to
accommodate it;
c) The adequacy and proximity of schools, recreation and community
facilities;
d) The adequacy of the road network in, adjacent to, or leading to the
development;
e) The potential for the contamination or sedimentation of watercourses
or for erosion;
f) Environmental impacts such as air, water and soil pollution and noise
impacts;
g) Previous uses of the site which may have caused soil or groundwater
contamination;
h) Suitability of the site in terms of grades, soil and bedrock conditions,
location of watercourses, marshes, swamps or bogs;
i) Compatibility of the development in terms of height, scale, lot
coverage and bulk with adjacent properties; and
j) That the proposal is in conformance with the intent of this Plan and
with the requirements of all other Town by-laws and regulations.
6.5 Development Schemes
Development Schemes may be prepared during the planning period for any area of town.
Development schemes become part ofthe Municipal Plan, and are prepared and approved
in the same manner as the Municipal Plan.
6.6 Municipal Land Assembly
Municipalities are empowered by the Municipalities Act, to acquire lands for municipal
works or economic development purposes and under the Urban and Rural Planning Act
for the purpose of implementing a Municipal Plan. Such projects generally entail the
Town acquiring parcels of land from private owners or other levels of government for a
variety of reasons including:
a) To facilitate new growth and development in an area which is actively
being revitalized or redeveloped where such land assemblies cannot
by virtue oftime or money be assembled privately;
b) To facilitate the development of municipal parks, recreation and
conservation areas;
c) To facilitate the development of municipal parking lots;
d) To encourage or make available lands which by virtue of ownership
are not available for development but which are necessary for logical
and contiguous growth of the community; and
Whitbourne Municipal Plan 2013
2023
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e) To facilitate redevelopment of a major non-conforming use where the
redevelopment is either a conforming use or is consistent with the
Municipal Plan.
During the planning period, Council may undertake land assembly projects and land
transactions which are consistent with the objectives of this strategy.
6.7 Amending and Reviewing the Municipal Plan
Since conditions in the Town may change during the planning period, amendments to the
Municipal Plan may be adopted by Council from time to time. Council may consider
amendments to the Municipal Plan when;
a) There is an apparent need to change policy due to changing
circumstances,
b) Studies undertaken which contain recommendations or policies which
should be incorporated into the Municipal Plan,
c) A Provincial Land Use Policy has been released that requires a change
in policy by the Town,
d) There is a development proposal which provides sufficient information
and rationale to support a change in the Municipal Plan.
After five years from the date on which this Plan comes into effect, Council shall review
the Plan and revise it if necessary. Revisions will take account of development which can
be foreseen during the following ten years. Amendment and review of the Plan shall be
carried out in the same manner as this Plan was brought into effect.
6.8 Professional Advice
Council may obtain its own professional advice in regard to any proposed amendment to
this Plan, Development Regulations, evaluation of development proposals should
circumstances warrant such professional advice.
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