Winterland, Newfoundland and Labrador
· adopted 2015-11-20
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Town of Winterland, NL
Town of Winterland Municipal Plan
2014-2024
Type of Document:
Final
Project Number:
FRE-00205223-A0
Prepared By:
W. Frank Flanagan, P.Eng., FCIP, RPP
Reviewed By:
Richard N. Smith, MBA, P.Eng.
exp Services Inc.
1133 Regent Street, Suite 300
Fredericton, NB E3B 3Z2
Canada
T: +1.506.452.9000
F: +1.506.459.3954
www.exp.com
Date Submitted:
2014-Dec-15
In Legal Effect: November 20, 2015
(date of publication in NL Gazette)
Consolidation: No amendments to date
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
i
Legal Notification
This report was prepared by exp Services Inc. for the account of the Town of Winterland, NL.
Any use which a third party makes of this report, or any reliance on or decisions to be made based
on it, are the responsibility of such third parties. Exp Services Inc. accepts no responsibility for
damages, if any, suffered by any third party as a result of decisions made or actions based on
this report.
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
ii
Table of Contents
Legal Notification............................................................................................................................. i
Table of Contents ........................................................................................................................... ii
1
Introduction ........................................................................................................................ 1
1.1
Foreword .............................................................................................................................. 1
1.2
Plan Contents ...................................................................................................................... 1
1.3
Plan Preparation and Consultation ...................................................................................... 1
1.4
Bringing into Effect .............................................................................................................. 2
1.5
Plan Administration .............................................................................................................. 2
1.6
Planning Area Boundary ...................................................................................................... 3
2
Planning Context ............................................................................................................... 6
2.1
General Overview of Background Study ............................................................................. 6
2.2
Present Development Pattern ............................................................................................. 6
2.3
Conceptual Basis for the Municipal Plan ............................................................................. 7
3
Vision, Goals, and Objectives ........................................................................................ 10
3.1
Community Vision .............................................................................................................. 10
3.2
Community Goals .............................................................................................................. 10
3.3
Community Objectives ....................................................................................................... 11
4
Land Use Plan .................................................................................................................. 14
4.1
General Land Use Policies ................................................................................................ 14
4.1.1
Community Structure ....................................................................................... 14
4.1.2
Accessory Uses ............................................................................................... 14
4.1.3
Non-Conforming Uses ..................................................................................... 14
4.1.4
Subdivision Policies ......................................................................................... 15
4.1.5
Easements and Emergency Access ................................................................ 15
4.1.6
Appropriate Siting of Development .................................................................. 15
4.1.7
Improved Pedestrian Environment .................................................................. 16
4.1.8
Archaeological Sites ........................................................................................ 16
4.1.9
Home Occupations .......................................................................................... 16
4.1.10
Environmental Integrity .................................................................................... 16
4.1.11
Mining & Quarrying .......................................................................................... 17
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
iii
4.1.12
Remediation of Contaminated Sites ................................................................ 17
4.1.13
Municipal Services ........................................................................................... 17
4.2
Specific Land Use Policies ................................................................................................ 17
4.2.1
Residential Land Use Policies ......................................................................... 18
4.2.1.1
Residential - General (R-G) ............................................................................ 18
4.2.2
Comprehensive Development Area (CDA) Land Use Policies ....................... 19
4.2.2.1
Comprehensive Development Area 1 (CDA 1) ............................................... 19
4.2.2.2
Comprehensive Development Area 2 (CDA 2) ............................................... 20
4.2.2.3
Comprehensive Development Area 3 (CDA 3) ............................................... 20
4.2.3
Mixed Use Land Use Policies .......................................................................... 20
4.2.4
Protected Water Supply Land Use Policies ..................................................... 21
4.2.5
Rural Resource Land Use Policies .................................................................. 21
4.2.6
Environmental Protection Land Use Policies .................................................. 22
4.2.7
Airport Land Use Policies ................................................................................ 23
4.2.8
Transportation Policies .................................................................................... 23
4.2.8.1
Road Network .................................................................................................. 23
4.2.8.2
Design Standards ............................................................................................ 24
4.2.8.3
Parking and Access Control ............................................................................ 25
4.2.8.4
Access Management Guidelines ..................................................................... 25
5
Implementation ................................................................................................................ 27
5.1
Administration of the Plan .................................................................................................. 27
5.2
Capital Works Plan ............................................................................................................ 28
5.3
Land Use Zoning, Subdivision and Advertisement Regulations ....................................... 29
5.4
Adoption of Development Schemes .................................................................................. 29
5.5
Procedure for Amending the Municipal Plan ..................................................................... 30
5.6
Procedure for Considering Re-Zonings ............................................................................. 30
exp Quality System Checks
Project No.:
FRE-00205223-A0
Date:
Type of Document: Final
Revision No.:
Prepared By:
Frank Flanagan
Reviewed By:
Richard Smith
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
iv
List of Figures
Figure 1: Planning Area Boundary Map ................................................................................................. 4
Figure 2: Limit of Servicing Map ............................................................................................................. 7
Figure 3: Generalized Future Land Use Map ......................................................................................... 12
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
1
1
Introduction
1.1
Foreword
The Town of Winterland Municipal Plan 2014-2024 establishes guidelines for the sustainable
management of development on lands contained within the Winterland Planning Area Boundary
(PAB) by setting out a ten-year land use strategy. This Plan provides a policy framework for the land
use zoning and subdivision regulations, to be administered by Council through development and
subdivision permits.
The Plan, in guiding the physical improvement and sustainable growth of the community, indicates
the location and timing of residential development and the general layout and scheduling of capital
works to support development. It also identifies plans to address the environmental, social, cultural,
economic, and governance needs of the community. As required under the Urban and Rural
Planning Act, 2000, hereby referred to as "the Act," all relevant planning issues have been reviewed
in the preparation of the Plan and are presented in the Background Report to the Town of Winterland
Municipal Plan 2013-2023.
1.2
Plan Contents
The Town of Winterland Municipal Plan 2014-2024, consisting of this report and the associated
Generalized Future Land Use Map (Figure 3), constitutes a legal document once approved in
accordance with the Act. It proposes the allocation of land for various uses, and includes Council's
aims (goals, objectives, and policies); the plan for the sustainable development of the community; and
the timing and costs of recommended capital works over the next decade.
Three separate but related documents were used to provide input to the Municipal Plan as follows:
1. The Town of Winterland Municipal Plan Background Report (prepared by exp in 2012) was
prepared to provide an accurate and up-to-date examination of current conditions and an
analysis of key development trends. The Report also provides the basis for some of the
rationale used for policies proposed in the Municipal Plan. It does not form part of the legal
document.
2. The Town of Winterland Integrated Community Sustainability Plan (ICSP) was developed in
2010 and provides the sustainable framework through which the Municipal Plan should be
understood. The ICSP does not form part of the legal document.
3. The Habitat Conservation Plan for the Town of Winterland was developed in collaboration
with the Eastern Habitat Joint Venture in 2009 to conserve wetlands located within
designated Management Units, to maintain wildlife habitats and to increase public awareness
of the importance of wetland habitats. The Habitat Conservation Plan does not form part of
the legal document.
1.3
Plan Preparation and Consultation
This Plan was prepared in accordance with the requirements of the Urban and Rural Planning Act,
2000. The Plan documents are based on a review of land uses, available mapping and other studies
of the community and on Council's perception of the land use problems facing the community, the
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
2
opportunities for improvements to its physical environment, and the direction future growth should
take. Community and stakeholder consultation has also played a role in the planning process.
In March of 2012, a letter was sent to the Department of Municipal Affairs initiating an internal
provincial consultation process to solicit feedback from various departments and agencies that may
have an interest in the municipal planning process. Due to unavoidable delays there was a follow-up
letter to the various departments in November 2013. The feedback from various departments was
incorporated in the Plan.
On Monday, April 23, 2012, members of Town Council took part in a visioning session with the
planning consulting team to discuss their vision for the Town. Town Council engaged in a
brainstorming exercise and an interactive mapping exercise to discuss strategic directions and
community priorities. Council was presented with a first draft plan for review in December 2013.
Changes were made and a second draft plan was presented at a council meeting on August 11,
2014. Council changes were incorporated and the third draft was presented at public open house
meetings and presentations on September 24, 2014.
The Plan and Regulations were available for further public review for a month. Following this process
Council requested a few minor additions which were incorporated in the Draft Final Report. These
final changes were reviewed and approved by Council at their meeting on November 12, 2014. The
approved Final Draft Plan and Development Regulations were then forwarded to the Department of
Municipal Affairs for review and approval in accordance with Section 15 of the Urban and Rural
Planning Act, 2000.
1.4
Bringing into Effect
The Act sets out the process for bringing a municipal plan into effect. When Council is satisfied with a
draft of the Plan, Council adopts it and notifies the Minister of Municipal and Intergovernmental
Affairs. A public hearing is arranged as per Section 16(1) of the Act and notices are published
announcing the time and place of the hearing. The Commissioner appointed to conduct the hearing
submits a written report on the public hearing to the Council together with two copies of evidence
taken at the public hearing. After considering the report and making any necessary changes, Council
shall consider and approve the Plan. The Plan and Development Regulations are submitted to the
Minister for approval, along with the Commissioner's report, objections and representations. Notice
of the Minister's approval is published in the Newfoundland Gazette and the local press and the Plan
comes into effect on this date.
1.5
Plan Administration
After the Town of Winterland Municipal Plan has received the Minister's approval, it is legally binding
upon Council and all other persons, corporations and organizations.
Council will administer the Winterland Municipal Plan by carrying out the Plan's policies. There are
several ways in which this is done:
By preparing land use zoning and subdivision regulations (prepared and approved at the
same time as the Municipal Plan);
By issuing development permits to people wishing to build or change the use of a building or
to subdivide in accordance with regulations; and
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
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By undertaking the capital works and development schemes outlined in the Plan when the
financial resources are available.
In five years' time, Council will review this Plan and revise it to provide for the next 10-year period in
accordance with Section 28(1) of the Act. Amendments may be made at any time prior to the five-
year review in response to new development proposals or changed community priorities. These
amendments must follow the process outlined in Sections 14 to 24 of the Act.
1.6
Planning Area Boundary
The Planning Area Boundary matches the Municipal Boundary for the Town of Winterland and covers
approximately 4680.5 hectares. The Planning Area (as shown in Figure 1) is governed by Town
Council, which exercises control over all development, watersheds and amenities of the Municipality.
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
4
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
5
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
6
2
Planning Context
This section summarizes the findings of the research and consultation carried out by the project
planning team in preparing the Town of Winterland Municipal Plan. The results are presented in full in
the Municipal Plan Background Report, the Winterland Integrated Community Sustainability Plan and
the Habitat Conservation Plan for the Town of Winterland. Major issues and anticipated opportunities
that Winterland will face over the next ten years are discussed within a sustainable planning
framework.
2.1
General Overview of Background Study
The Town of Winterland is located on the Southeastern Barrens, land which is typified by exposed
bedrock and barrens, large expanses of treeless terrain adapted to exposed conditions and low-
nutrient soils. Much of the area of the Town is covered by dwarf shrubs and low growing plant
species, due in part to the use of indiscriminate fires to clear land for development.
The Town is crisscrossed with watercourses, connecting a variety of environmentally sensitive
wetlands and water bodies. A 643 hectare wetland conservation area, protected by a Municipal
Wetland Stewardship Agreement signed by the Town in 1997 is located to the east, bounded by
Routes 222, 210 and the municipal boundary.
As the only inland community on the Burin Peninsula, the Town of Winterland has experienced
different growth patterns than neighbouring communities. While other towns on the Burin Peninsula
have lost residents in recent years, the population of Winterland has shown a slow but consistent rate
of growth. Winterland's population grew by more than 38% between 1986 (260) and 2011 (360).
The Town's population, like the rest of the Province, is aging. While the Town's median age of 39.2
years is below provincial and regional averages, more than 40% of the Town's population falls within
the 40-65 year age range. With continued migration of youth to larger communities for education and
employment opportunities, the population of the Town is expected to continue aging at an increasing
rate. The decline of population aged 24 and younger, along with the gradual aging of the working
population, will be an influential demographic trend impacting Winterland in the foreseeable future.
With such a significant increase in the number of residents nearing retirement age, the Town will
need an appropriate variety of housing types to ensure that residents can retire and age in place in
the community.
While Winterland's economy was initially agriculturally based, today it is predominantly a residential
community. Most residents of the Town work in Marystown and Burin where the majority of regional
service industries, industrial parks and educational institutions are located. Home occupations are a
significant contributor to jobs located in Winterland. Roughly 13% of the working community work
from home, indicating the importance of home occupations to the Town's economy.
2.2
Present Development Pattern
In recent years Winterland has continued to experience a slow but steady development pattern. In
2000, total taxable assessment stood at $8.5 million (with 255 owners and 9 tenants). In 2011, the
total taxable assessment had risen to $13 million (with 270 owners and 19 tenants), an increase of
35%.
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
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Development in the Town of Winterland has largely been driven by residential developments, typically
in the form of families subdividing their property to allow their children to construct new housing either
next to or behind the original dwelling structure. The majority of development has occurred within the
Town Core in serviced areas along Pioneer Drive (Route 222-10), Branch Road (Route 222-10) and
Kimberly Farm Drive (Route 222). The Town commenced the provision of water services following a
1992 agreement with the Province which defined the areas of the Town that were eligible for
government cost-shared funding under the Department of Municipal Affairs Capital Works Program.
Figure 2 shows the extent of the Limit of Servicing Agreement (as amended in 2011) between the
Town of Winterland and the Province.
There are four main roads in the Town of Winterland: Route 210 which serves East-West travel and
connects the Town to the nearby community of Marystown; Kimberly Farm Drive (Route 222) which
connects the Town Core to Route 210 and the nearby community of Burin; Pioneer Drive and Branch
Road (Route 222-10), where the majority of past development has occurred. All roads in the Town of
Winterland are currently owned, maintained and plowed by the Province. It should be noted that
Route 210 is a Class I Protected Road, as per the Protected Road Zoning Regulations (PRZR).
While predominantly residential, the Town Core does include a handful of non-residential uses
including Grace United Church, the Municipal Building, the Agricultural Society Building (formerly
Blue Boy Foods Ltd.), a variety of recreational uses and hobby farms.
Additional unserviced development has occurred outside of the Town Core along Route 210 in the
form of seasonal cottages and an increasing number of unserviced, year round residential homes.
Other developments outside the main settlement area include two large sod farms, the Rod and Gun
Club, two communications towers, the Winterland Airport and the Winterland Ecomuseum.
2.3
Conceptual Basis for the Municipal Plan
Leading to the more specific objectives and policies, the development concept for the Town of
Winterland Municipal Plan 2014-2024 is to continue with and reinforce the patterns of development
that have occurred over the years, with an emphasis on the development of residential uses in the
serviced areas of the Town Core. Comprehensive Development Areas adjacent to existing
pressurized water services are designated along Pioneer Drive and Branch Road to accommodate
future residential development. While continuing to allow back lot development in the Town Core, key
rights-of-way and access points will be protected to facilitate the orderly development of
Comprehensive Development Areas.
Land along Branch Road will be set aside to support the facilities and operations of the Winterland
Airport and to protect glide paths for incoming and outgoing aircraft.
Areas designated as part of the Municipal Wetland Stewardship Agreement will be designated for
environmental protection and will be subject to the policies of the Habitat Conservation Plan for the
Town of Winterland.
The Generalized Future Land Use Map designates land to accommodate future development, while
simultaneously protecting Winterland's environmental assets and stewardship areas and directing
growth to areas that help the Town provide affordable and efficient municipal services.
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
8
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
9
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
10
Vision, Goals, and Objectives
This section outlines the Town's planning vision, goals and objectives which will be pursued for the
period 2014-2024. The vision statement establishes a broad picture of the community's future that
Council attempts to achieve through the implementation of the policies outlined in the Plan. A goal is
a desired state which reflects the long range desires of Council and is related to a major area of
concern. An objective is a short-range step towards achieving the goal. It is concrete, realistic, action-
oriented and attainable within a period of three to five years. The achievement of an objective should
move the goal closer to reality. The community vision, goals, and associated objectives were
determined through consultation with Council, stakeholders, and the public.
2.1
Community Vision
Consultation with Council revealed a desire to integrate the vision statement of the Town of
Winterland Integrated Community Sustainability Plan, 2010 with the Municipal Plan. By integrating
elements of the ICSP into the Municipal Plan, the Town will have two complementary documents to
help guide the future growth of the Town. Council's vision is that:
Winterland will be a vibrant, family-oriented community, providing a strong support
base for citizens and encouraging an active, healthy lifestyle for all residents.
Winterland residents will strive to be strong stewards of the environment through the
protection of natural areas and by being proactive in their clean-up and recycling
efforts. The Town will see planned developments that respect current land use while
simultaneously promoting economic growth and respect for the environment.
Meanwhile, Council will create a central hub for community gatherings that will be
accessible to all residents, while also maintaining collaborative ties with
neighbouring communities.
2.2
Community Goals
The following five community-wide goals will guide the growth of Winterland from 2014-2024. The five
goals are based on the key values identified in the Town's ICSP and will guide the decisions and
actions of Council over the course of the next ten years.
Goal A
Community Structure & Character - To encourage a growth structure for the Town
of Winterland that ensures orderly development, efficient provision of municipal
services, respect for the natural environment, and compatibility between land uses.
Infill development on land available in existing serviced areas should occur before
additional development in unserviced areas. Access points to land adjacent to
serviced areas should be promoted and provided through coordinated development
plans.
Goal B
Housing - To encourage an adequate quality, quantity and mix of housing to serve
the needs of the local population, particularly families and aging residents.
Goal C
Environment - To encourage a community philosophy that values and protects its
natural environment and applies the principles of environmental stewardship to the
use of land and human activity.
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
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Goal D
Culture, Recreation & Open Space - To support the provision of cultural and
recreational services and facilities that are accessible to all residents of Winterland
regardless of age, ability or economic position.
Goal E
Efficient Municipal Services - To manage municipal expenditures and revenues so
as to provide municipal services with long-term financial stability in mind.
3.3
Community Objectives
The general objectives which flow from the Community Goals are stated here. It is intended that
these objectives apply to and form the basis for the policies which are expressed in this Plan. The
Town of Winterland Municipal Plan has the following policy objectives:
Objective A
To limit development in sections of the municipality that cannot be economically
serviced.
Objective B
To encourage new development in areas of the Town where water services already
exist (infill development), or where such services can easily and efficiently be
provided.
Objective C
To ensure that the Town Core remains predominantly residential, defined by a mix of
original single-storey dwellings associated with the Town's founding as an agricultural
settlement while still allowing for newer, larger more modern dwellings.
Objective D
To ensure that access points and rights-of-way are created to connect existing
serviced areas to Comprehensive Development Areas (CDAs).
Objective E
To continue with the conventional single family detached dwelling as the dominant
housing form that satisfies the majority of Winterland residents, while allowing for
other housing forms as the need arises, including multi-unit dwellings that serve
aging residents.
Objective F
To concentrate residential development in areas with existing municipal water
services, where municipal services can be most economically extended and within
the designated Comprehensive Development Areas (CDAs).
Objective G
To foster economic growth through home occupations.
Objective H
To protect and properly manage lands identified in the Municipal Wetland
Stewardship Agreement.
Objective I
To identify and protect areas of significant scenic, environmental and wildlife habitat
value through the development and adherence to environmental protection policies.
Objective J
To ensure environmental protection through participation in recycling programs.
Objective K
To ensure that sufficient space, facilities and programs are provided by creating a
central hub which builds on existing facilities such as the Town Hall and multipurpose
field to meet the year round recreational and leisure needs of the Town of Winterland.
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
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Objective L
To foster healthy living and active lifestyles among local residents by building upon
existing recreational assets; preserving the ecological integrity of the area; and
improving connections between the natural and built environments.
Objective M
To support the development of a safe system of pedestrian walkways and trails which
provide efficient connections throughout the community.
Objective N
To manage municipal expenditures with restraint, aiming for maximum return on
investment.
Objective O
To ensure that new land development takes place with no additional capital costs for
municipal services to the Town's account; to prevent development in protected water
supply areas and on rural and resource lands.
3
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
13
4
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
14
Land Use Plan
The following policies, in concert with the Generalized Future Land Use Map (Figure 3), constitute the
land use component of the Winterland Municipal Plan 2014-2024. This land use component
designates land within the Winterland PAB for uses that are deemed most appropriate for future
development. Included are policies which are deemed as necessary by Council to ensure that the
physical development of the town is undertaken in an efficient, economic, and sustainable manner
during the next ten years. The Land Use Plan is meant to complement the Goals and Objectives
outlined in the previous section.
4.1
General Land Use Policies
The following policies can be categorized as general in scope and may apply to more than one land
use designation and to different areas of the Winterland Planning Area.
4.1.1 Community Structure
Policy G-1
It shall be a policy of Council to direct new development in accordance with the
Generalized Future Land Use Map (Figure 3), as amended from time to time, and in
accordance with the policies of this Plan.
Policy G-2
It shall be a policy of Council to consider the aesthetic character of site and building
design in the approval of site plans within all land use designations. When reviewing
applications for development, Council will consider whether the proposed
development is complementary to surrounding buildings in terms of size, scale, style,
and form.
4.1.2 Accessory Uses
Policy G-3
It shall be a policy of Council to permit incidental or accessory uses, buildings or
structures whenever a use is permitted in a land use classification. This may include
accessory residential uses to non-residential main uses.
4.1.3 Non-Conforming Uses
Policy G-4
It shall be a policy of Council, in accordance with Section 108 of the Urban and Rural
Planning Act, 2000, to recognize that any development or land use that legally exists
on the day this Plan comes into effect may continue. Where a building or use exists
which does not comply with the intent of the Plan and the designated use, it shall not
be allowed to substantially expand. Minor extensions may be approved provided
there will be no adverse effects on surrounding properties or the environment and a
change from one non-conforming use to another more acceptable use may be
permitted.
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
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4.1.4 Subdivision Policies
Policy G-5
It shall be a policy of Council that all proposed subdivision of lands shall be submitted
to comprehensive evaluation. The content of this evaluation will be detailed in the
Development Regulations and will include:
(a) An investigation 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 should conform to the topography of the site.
(b) A demonstration of how the proposed subdivision will coordinate with existing
development and roads on adjacent lands and provide for future access to
undeveloped lands in the area.
(c) An investigation to ensure compatibility between the subdivision and surrounding
land uses, both existing and future.
(d) A review of proposed municipal services and the public costs of providing and
maintaining these services in the long-term.
Policy G-6
It shall be a policy of Council, as a condition of approval, to require the developer to
enter into a subdivision agreement with the municipality. Such agreement will be
negotiated between the developer and the municipality for financing and
development of services provided to the site, constructed to municipal standards, and
consistent with the policies of this Plan and the Development Regulations.
4.1.5 Easements and Emergency Access
Policy G-7
It shall be a policy of Council that, where land is required for utility easements or
emergency access, such land may be obtained for the appropriate agency (e.g.,
Newfoundland Power) in the course of approving subdivision or other development
applications.
4.1.6 Appropriate Siting of Development
Policy G-8
It shall be a policy of Council that building setbacks from roads be provided in
accordance with the zoning and subdivision regulations to preserve the right-of-way
widths, as specified in the Development Regulations. Such setbacks should be
sufficient to allow appropriate landscaping and to permit the parking and movement
of vehicles clear of any road allowance.
Policy G-9
It shall be a policy of Council that all development must front on a publicly-maintained
street, unless otherwise specified in this Plan or unless otherwise approved by
Council. Except where specifically provided for in the Use Zone Tables in
Schedule C of the Development Regulations, no residential or commercial building
shall be erected unless the lot on which it is situated fronts directly onto a street or
forms part of a Comprehensive Development Scheme.
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
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4.1.7 Improved Pedestrian Environment
Policy G-10
It shall be a policy of Council to encourage, where feasible, the development of new
pedestrian accesses and trails where deemed appropriate to encourage active living
and improve pedestrian safety. These could be provided by the municipality or by
the owner or developer as development applications are approved.
Policy G-11
It shall be a policy of Council to encourage, where feasible, the development of trail
heads along the Town's main roads, to better connect the trail system throughout the
Town.
4.1.8 Archaeological Sites
Policy G-12
It shall be a policy of Council to consult with the Provincial Archaeology Office,
Historic Resources Division, Department of Tourism, Culture, & Recreation before
undertaking any municipal works or considering applications for development that are
proposed to occur on known archaeological sites within the Winterland Planning
Area.
Policy G-13
It shall be a policy of Council to report any new archaeological discoveries to the
Provincial Archaeology Office.
4.1.9 Home Occupations
Policy G-14
It shall be a policy of Council that businesses in the form of home occupations may
be permitted as a discretionary use in a residential dwelling in Mixed Use, Residential
and Rural Resource land use designations within the Town of Winterland Planning
Area, where such businesses will not have an adverse or detrimental effect on
adjacent properties in terms of traffic, noise, lighting, odour or signage.
Policy G-15
It shall be a policy of Council that businesses in the form of home occupations must
be operated by a resident of the dwelling unit.
Policy G-16
It shall be a policy of Council that businesses in the form of home occupations will not
employ any more than one person at the dwelling unit who does not reside in the
dwelling unit in which the occupation is located.
Policy G-17
All business activities must be conducted entirely indoors, and not occupy more than
25% of the gross floor area of the dwelling, including the area of the basement, up to
a maximum of 45 square metres.
4.1.10 Environmental Integrity
Policy G-18
It shall be a policy of Council to encourage the preservation of natural features such
as wetlands, mature forested areas, and natural shorelines, among other features, in
order to preserve natural areas for future generations. New development shall be
required to minimize impacts on the environment.
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
17
Policy G-19
It shall be a policy of Council that any development or land use activity will be
separated from any lake, river, or tributary by a 15 metre buffer. Council shall prohibit
development in areas exposed to flooding, or other significant natural dangers.
Proposed development activity in the water, or within the required buffer area, will be
referred to the Department of Environment and Conservation for consideration under
Section 48 of the Water Resources Act.
Policy G-20
It shall be a policy of Council that development shall be permitted only on lands
having soil and drainage conditions which are suitable to permit the proper siting and
development of the proposed uses.
4.1.11 Mining & Quarrying
Policy G-21
It shall be a policy of Council, if any mining or quarrying activities are permitted, to
ensure that they are carried out in accordance with provincial regulations and to
establish appropriate conditions in the Development Regulations, if required, to
control the location and manner in which mineral working activities may be carried
out, if at all, and the degree and manner of the restoration required after removal or
permanent termination of such operations.
4.1.12 Remediation of Contaminated Sites
Policy G-22
It shall be a policy of Council to encourage the remediation of contaminated lands in
accordance with provincial regulations where feasible.
4.1.13 Municipal Services
Policy G-23
It shall be a policy of Council that the cost of providing services which open new land
for development shall be borne by the developer, and that the cost of extending
services by the Town, such as water mains, to partially serviced areas shall be
charged against the land which benefits.
4.2
Specific Land Use Policies
The land resources of the Winterland Planning Area shall be managed in accordance with the
proposed land uses shown on the Generalized Future Land Use Map (Figure 3) and the land use
policies of this Municipal Plan. Land use designations include:
Comprehensive Development Area
Mixed Use
Protected Water Supply
Rural Resource
Environmental Protection
Airport Lands
The specific policies that apply to each of these land use designations are described in the sections
that follow. Additional subcategories of land use designations are discussed in greater detail as
warranted with respect to approval considerations.
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
18
4.2.1 Residential Land Use Policies
General Intent
Provision has been made to permit residential development in several zones throughout the Town to
provide for a mix of housing types that respond to the needs of all residents. Within these lands, the
principle housing type will continue to be the single-detached dwelling, but a range of housing types,
densities, sizes, and affordability may also be considered. Criteria for the location and establishment
of residential uses are outlined in the policies of this Plan and in the Development Regulations.
Within the areas designated on the Generalized Future Land Use Map (Figure 3), residential uses will
be permitted and further categorized in the zone designations on the Land Use Zoning Map. The
policies to apply to these various zones are described in the sections which follow.
4.2.1.1 Residential - General (R-G)
The General Residential designation is intended for future single family residential development in
Comprehensive Development Areas 1, 2 and 3. These areas would be rezoned to General
Residental when development applications are received. It is anticipated that a majority of single-
detached dwelling units will be constructed in in areas allocated for future residential uses adjacent to
Pioneer Drive and Branch Road.
Policy RG-1
It shall be a policy of Council to permit single-family residential units in General
Residential areas. Such development should occur in these areas through infilling of
land adjacent to existing municipal water services.
Policy RG-2
It shall be a policy of Council to allow development only on lots which have standard
frontage on publicly maintained roads. In specific circumstances, back lot
development may be considered on a discretionary basis. In such cases, Council
must be satisfied that:
(a) Water services can be provided to the back lot development;
(b) Adequate access is provided to the lot; and
(c)
Development will not prejudice the future use of adjacent lands.
Policy RG-3
It shall be a policy of Council to permit other uses which are compatible to residential
uses. Other uses may include recreational uses, educational uses, places of worship,
civic uses and public utilities where they are compatible with residential areas.
Policy RG-4
It shall be a policy of Council to require screening, buffering, or other forms of impact
mitigation where a non-residential use is permitted adjacent to a residential use.
Policy RG-5
It shall be a policy of Council to ensure that housing not be permitted which would
block street extensions, interconnections, or adequate turnarounds.
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
19
4.2.2 Comprehensive Development Area (CDA) Land Use Policies
General Intent
Comprehensive Development Areas have been set aside to ensure the availability of land for specific
land uses that will enable future growth and expansion of the town in a coherent and efficient manner.
Significant blocks of land, which are indicated on the Generalized Future Land Use Map, have been
designated for the future growth and expansion of the town.
Policy CDA-1
It shall be a policy of Council to designate Comprehensive Development Areas as
shown on the Generalized Future Land Use Map.
Policy CDA-2
It shall be a policy of Council to permit maintenance and operation of existing uses
on these lands.
Policy CDA-3
It shall be a policy of Council to designate Comprehensive Development Areas for
future residential uses.
Policy CDA-4
It shall be a policy of Council to direct future residential uses in Comprehensive
Development Areas where it is possible to extend existing water services.
Policy CDA-5
It shall be a policy of Council to reserve road access points to Comprehensive
Development Areas. Some of these potential accesses are shown on the
Generalized Future Land Use Map where there are vacant lands along Pioneer
Drive and Branch Road. It shall be Council's intention to obtain these accesses
through dedication from the landowners as specific development plans or
subdivision plans are submitted. If Council needs an access before the
landowners are prepared to develop, it could purchase the right-of-way for the
access and charge it back to the owner later when the land is developed.
Policy CDA-6
It shall be a policy of Council that the boundaries of all developments within
Comprehensive Development Areas be set out more precisely when a
Development Plan is to be prepared.
Policy CDA-7
It shall be a policy of Council to require the preparation of a Comprehensive
Development Scheme (in accordance with Section 29 of the Urban and Rural
Planning Act) before any development is permitted in these areas. The
Comprehensive Development Scheme requires that a detailed plan is submitted
showing the longer term intent for development in the area.
Policy CDA-8
It shall be a policy of Council to require that any Comprehensive Development Area
be rezoned to the appropriate land use designation before it is developed for any
subdivision or other development beyond that permitted under this section of the
Plan.
4.2.2.1 Comprehensive Development Area 1 (CDA 1)
Comprehensive Development Area 1 is located on land South of Pioneer Drive and East of Branch
Road. This land is reserved for future residential development.
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
20
Policy CDA-9
It shall be a policy of Council that Comprehensive Development Area 1 be
designated for the residential growth of Winterland.
4.2.2.2 Comprehensive Development Area 2 (CDA 2)
Comprehensive Development Area 2 is located on land South of Route 210 and North of the built-up
areas along Pioneer Drive. This land is reserved for future residential development.
Policy CDA-10
It shall be a policy of Council that Comprehensive Development Area 2 be
designated for the residential growth of the Town of Winterland.
4.2.2.3 Comprehensive Development Area 3 (CDA 3)
Comprehensive Development Area 3 is located on land North of where Route 210 intersects with
Route 222. This land is reserved for long term future residential development. Land uses such as
forestry uses, agricultural uses, recreational uses and conservation uses may be permitted on an
interim basis provided that they do not prejudice the future residential development of the area.
Policy CDA-11
It shall be a policy of Council that Comprehensive Development Area 3 be
designated for the long-term residential growth of the Town of Winterland.
Policy CDA-12
It shall be a policy of Council to permit, on a discretionary basis, forestry uses,
agricultural uses, recreational uses and conservation uses, providing that
permanent facilities that will prejudice future residential development shall not be
permitted.
4.2.3 Mixed Use Land Use Policies
General Intent
The Mixed Use designation is intended to allow for the continued development of the Town Core as a
residential community which maintains its traditional character as an agricultural settlement. Town
Council envisions these areas as a place where existing residents can age in place, a place that
provides an attractive residential alternative to Marystown and Burin, and a predominantly residential
area with allowances for home occupations, agricultural uses, institutional uses and some limited
commercial uses.
Policy MU-1
It shall be a policy of Council to designate lands Mixed Use as identified on the
Generalized Future Land Use Map (Figure 3) in order to permit the traditional mix
of land uses associated with the Town Core of Winterland. Permitted uses shall
include single family and two-family residential uses in these areas.
Policy MU-2
It shall be a policy of Council to permit, on a discretionary basis, the following uses:
institutional uses, recreational uses, agricultural uses (such as hobby farms, sod
farms, root vegetable farms) and commercial uses. Discretionary uses may be
subject to terms and conditions.
Policy MU-3
It shall be a policy of Council that permitted and discretionary uses must be
compatible and in keeping with the general character of the area.
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
21
Policy MU-4
It shall be a policy of Council to allow back lot development on a discretionary
basis. In such cases, Council must be satisfied that:
(a)
Water services can be provided to the back lot development;
(b)
Adequate access is provided to the lot; and
(c)
Development will not prejudice the future use of adjacent lands.
Policy MU-5
It shall be a policy of Council that non-residential uses in the Mixed Use areas shall
not create a nuisance or hazard to adjoining properties and, if necessary, must be
adequately separated and buffered from surrounding residential development.
Adequate off street parking space must be provided for these uses. Pedestrian and
vehicular access must be well-designed to ensure safety and efficient flow of traffic.
Policy MU-6
Notwithstanding the foregoing policies, it shall be a policy of Council to not issue a
permit where it is of the opinion that the proposal will have an adverse or
detrimental effect on adjacent properties.
4.2.4 Protected Water Supply Land Use Policies
The purpose of the Protected Water Supply designation is that land be excluded from any form of
development in order to preserve the water quality of the municipal water supply. The Town of
Winterland is serviced by the Wellhead Protected Water Supply Area of Winterland Wellfield,
WS-G-0786. All development activities in this area require approval under Section 39 of the Water
Resources Act. Section 39 of the Water Resources Act details activities that are prohibited from
protected water supply areas.
Policy PWS-1
It shall be a policy of Council that all development or land use activity in a protected
water supply area will be referred to the Department of Environment and
Conservation for consideration and approval under Section 39 of the Water
Resources Act. Owners and operators of land within a designated Protected Water
Supply Area shall be responsible for protecting the water supply by posting
Protected Water Supply signs and maintaining them as is required under the Act.
4.2.5 Rural Resource Land Use Policies
General Intent
Lands located outside of the built-up areas of the Town are designated Rural Resource. The intent of
this designation is that the lands affected remain undeveloped or used for traditional rural based
purposes such as forestry, wood harvesting, agricultural uses, recreational uses, conservation,
mineral exploration and aggregate extraction. Lands designated as Rural Resource are shown on the
Generalized Future Land Use Map (Figure 3).
Policy RR-1
It shall be a policy of Council that, within the area designated Rural Resource on
the General Future Land Use Map (Figure 3), permitted uses shall include forestry,
wood harvesting, agricultural uses, recreational open space, and conservation,
provided that, where necessary, adequate separation is maintained between these
uses and built-up areas, in particular, residential areas. Transmission lines, other
public utilities and road construction and maintenance may also be permitted if they
conform to the objective of retaining the quality of the rural environment.
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
22
Policy RR-2
It shall be a policy of Council to permit, on a discretionary basis, seasonal
residential uses in areas with adequate access, provided that such uses do not
place additional pressure on the Town's municipal services, nor conflict with the
resource-based uses permitted in this designation of the Municipal Plan.
Policy RR-3
It shall be a policy of Council to permit hobby farms as a discretionary use.
Policy RR-4
It shall be a policy of Council to not permit residential uses except where they are
accessory to the permitted uses noted above. Such residences may be allowed at
the discretion of Council.
Policy RR-5
It shall be a policy of Council to prohibit hazards or uses which cause public
nuisances, threaten public safety or violate environmental standards.
Policy RR-6
It shall be a policy of Council that aggregate resource areas within the Planning
Area shall be protected from conflicting land uses. Protective buffer areas of at
least 300 metres shall be maintained around resource areas and active and
abandoned quarries.
Policy RR-7
It shall be a policy of Council that watercourses, especially ecologically sensitive
waterway systems, shall be protected from environmentally hazardous rural
resource uses such as forest cutting, resource road construction, aggregate
extraction or agricultural operations.
No development shall be permitted in the Rural Resource land use designation:
(a)
Within 15 metres of rivers or streams; and
(b)
Within 30 metres of the shoreline of any lake or pond.
Policy RR-8
It shall be a policy of Council to not permit residential uses in mineral extraction
areas until extraction is completed and preliminary site restoration is carried out.
Those areas may then be committed to other land uses.
4.2.6 Environmental Protection Land Use Policies
General Intent
Lands designated for Environmental Protection will be set aside for the protection of areas which are
subject to the Municipal Wetland Stewardship Agreement and the Habitat Conservation Plan for the
Town of Winterland.
Policy EP-1
It shall be a policy of Council to designate lands Environmental Protection as
identified on the Generalized Future Land Use Map (Figure 3).
Policy EP-2
It shall be a policy of Council to permit, on a discretionary basis, recreational uses
such as trails and picnic areas.
Policy EP-3
It shall be a policy of Council that all lands within the Municipal Wetland
Stewardship Agreement shall be managed in accordance with the terms of the
agreement.
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
23
Policy EP-4
It shall be a policy of Council to require adherence to the policies of the Habitat
Conservation Plan for the Town of Winterland for all land uses within the
Municipal Wetland Stewardship Area.
Policy EP-5
Correspondence received from the Stewardship Biologist with the Wildlife Division
of the Department of Environment and conservation confirmed that "within
Stewardship Zones, the Town is to exercise its sole discretion as it relates to wise
use of wetlands and associated uplands impacted by proposed development
activities...the goal is that developers seek to minimize impacts on wildlife and
habitat on which they depend". Consequently, it shall be a policy of Council to
designate a 91 metre wide strip of land along the east side of the Kimberly Farm
Drive as Mixed Use (MS) as shown on the Generalized Future Land Use Map.
Council shall confer with its consulting engineer and also seek advice from the
Department before a building permit is issued in any part of this strip if it feels such
development may pose any risk to wetlands.
4.2.7 Airport Land Use Policies
General Intent
Winterland Airport is a community airport owned by the Province and regulated by the federal
government through Transport Canada. The airport lands are designated Airport to accommodate the
facilities and operations of the Winterland Airport.
Policy A-1
It shall be a policy of Council to permit a full range of Airport and related uses
within this designation.
Policy A-2
It shall be a policy of Council to protect airport glide paths at a slope of 4%,
beginning 60 metres from the runway by limiting heights of any structures in the
vicinity of the Airport.
Policy A-3
It shall be a policy of Council to work with the Winterland Airport authorities to
ensure that development is compatible with the quality and character of present
land uses and in accordance with the general intent of this Municipal Plan and the
Town's Development Regulations.
4.2.8 Transportation Policies
General Intent
The municipal road system is meant to facilitate the efficient movement of people and goods, as well
as providing land access, throughout the Planning Area. A hierarchical classification of roads enables
the physical planning and layout of the community addressing the future growth and expansion of the
Town.
4.2.8.1 Road Network
A hierarchical classification of roads is useful for physical planning, development control, and to
establish priorities for maintenance. In this context, a division of functions among the existing and
proposed roads is considered necessary.
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
24
Policy T-1
It shall be a policy of Council to adopt the street and road hierarchy as referenced
in this Plan: collector roads; and local roads, for the purpose of planning fiscal
expenditures and the accommodation of certain land uses.
Collector Roads
Collector roads function to link local streets with arterial roads and provide access to neighbourhood
activity centres. Collector roads provide both a traffic mobility and land access function. They serve
as the major traffic routes within a residential neighbourhood or industrial or commercial area and
thus carry relatively high volumes of traffic. Collector roads in the Town of Winterland include Route
210 and Kimberly Farm Drive (Route 222).
It should be noted here that Route 210 is a Class I Protected Road, as per the Protected Road
Zoning Regulations (PRZR).
Section 5 of the PRZR established a building control line (BCL) within the municipal boundary
of each incorporated municipality. Within the Town of Winterland, the BCL shall be 100
metres distant, measured perpendicular, from the centre line of the roadway.
The Burin Peninsula Highway Zoning Plan, which was prepared for Route 210, contains two
land use zones within the Town of Winterland: "Rural Conservation Zone" and "Cottage
Zone". The Burin Peninsula Plan is to remain in effect until the Winterland Municipal Plan
and Development Regulations come into legal effect, as per Section 10 of PRZR. Until such
time, development along Route 210 shall comply with the PRZR and, a building permit is
required from Service NL, the administrator of the PRZR (Section 12 of PRZR). It is further
noted that there is a dual permitting system in place along protected roads, which means
once the Town's planning documents become binding, any development proposal along
Route 210 will continue to require approval from Service NL, as well as the Town.
Policy T-2
It shall be a policy of Council to permit collector roads to provide both traffic service
and land service and full access to adjacent properties. Where possible, a collector
road should link at both ends with another collector road or with an arterial road.
Policy T-3
It shall be a policy of Council to resolve potential traffic concerns along collector
roads within the Planning Area.
Local Roads
Local roads have the primary function of providing access to abutting properties. The overall road
system should be designed to minimize the amount of traffic on local roads resulting in maximum
safety for pedestrians and allowing attractive residential development. All roads in the Planning Area,
other than those mentioned above, are considered to be local roads.
Policy T-4
It shall be a policy of Council to resolve potential traffic concerns along local roads
within the Planning Area.
4.2.8.2 Design Standards
The Province has developed design standards for all classes of provincially owned and designated
roadways. The Development Regulations contain design standards that apply to all future
subdivision streets.
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
25
Policy T-5
It shall be a policy of Council to require that roads in each of these classifications
be designed and constructed in accordance with specific standards determined by
the function each street will fulfill. This is especially true of the number and width of
lanes and design of intersections. Decisions regarding the use of abutting land will
be made with the functional classification of the road in mind. This will ensure that
these land uses will cause no serious interference with the flow of traffic and the
nuisance caused by traffic in turn will be kept to a minimum.
4.2.8.3 Parking and Access Control
Policy T-6
It shall be a policy of Council to require that new development applications include
a site plan showing how access and parking is to be arranged and that fulfillment of
these plans is to be made a condition of approval. The standards that apply to off-
street parking requirements are included in the Development Regulations.
4.2.8.4 Access Management Guidelines
Access management guidelines are based on the Transportation Association of Canada's Geometric
Design Guide for Canadian Roads. These guidelines assist municipalities in effectively managing the
provision of access to the public road system for new development, redevelopment, or retrofitting of
existing facilities.
There is a particular concern in Winterland along the existing roads where properties have developed
without provision for public street access to areas that lie to the rear of or behind the existing
development. A policy is required to ensure adequate access is provided to these rear or back lands
to facilitate future development.
Policy T-7
It shall be a policy of Council to adopt the Access Management Guidelines
provided by the Transportation Association of Canada Geometric Design Guide for
Canadian Roads to effectively address future development and to rationalize
existing situations.
Policy T-8
It shall be a policy of Council, when considering any future land subdivision along
existing or future roadways, to ensure that adequate provision is made for public
street access to undeveloped lands lying to the rear of the existing development.
Street access should be provided to these rear lands at a maximum spacing of 400
metres. The minimum street access spacing should be 60 metres along the
roadway.
Policy T-9
At the present time the Town of Winterland only has one access from Route 210.
This would leave the Town residents in a very insecure position if that one access
should ever become blocked for any reason (accident, explosion, storms).
Emergency vehicles would not be able to get into or out of the community. Thus, it
shall be a policy of Council to enter discussions with the Province's transportation
officials to determine the possibility of having a second access from Route 210,
east of the current access, to connect at or near the current intersection of Pioneer
Drive and Branch Road.
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
26
Policy T-10
It shall be a policy of Council to consider the adoption of a set of Municipal
Specifications to guide the future construction of subdivision streets as well as
other municipal water, sanitary sewer or storm drainage services. With the
assistance of its Municipal Engineering Consultant, the Town could consider the
adoption or modification of the Province's "Municipal Water, Sewer and Roads
Master Construction Specifications" to suit its own specific needs.
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
27
5
Implementation
The Municipal Plan will be implemented over the next ten years through decisions of Council and
government agencies who have responsibility for various aspects of development that affect the
Town. Of particular importance to Council are the following:
(a)
Effective administration of the Plan;
(b)
Adoption of a five year capital works program, updated annually;
(c)
Adoption of Land Use Zoning, Subdivision and Advertisement Regulations;
(d)
Adoption of development schemes;
(e)
Procedure for considering amendments to the Plan; and
(f)
Working in partnership with citizens, groups, and organizations to achieve the collective goals
of the community.
5.1
Administration of the Plan
For the purposes of administering the Plan, the Generalized Future Land Use Map (Figure 3) shall be
read only in conjunction with the Goals, Objectives and Policies outlined in this document. All
development applications will be carefully evaluated as to their conformity to the Plan. The full
conformity of all proposals to the Plan shall be required by Council.
The boundaries of land use designations shown on the Generalized Future Land Use Map (Figure 3)
are meant to be general, except where they coincide with roads or other prominent physical features,
where they are intended to define the exact limits. It is intended that no amendment of this Plan shall
be required to permit minor adjustments to these boundaries. Other than such minor changes, no
development shall be permitted that does not conform to this Plan.
Once conformity to the Plan has been established, Council will ensure that all development proposals
are given a comprehensive review which shall include circulation to all affected public departments
and agencies. Council's final decisions will be based on the desire to guide the development of
Winterland in the best long-term interests of its citizens.
All persons wishing to develop land for any purpose within the Winterland Municipal Planning Area
shall apply to Council for permission through the established procedure. Council may refuse or
approve applications, with or without conditions. The appeal of all Council decisions to the
appropriate Appeal Board will be permitted in accordance with Part VI of the Urban and Rural
Planning Act, 2000.
Before major land developments within the Planning Area are approved, a development agreement
may be required which will be signed by both the developer and Council. This agreement shall
establish the conditions under which development may proceed and shall be binding to both parties.
Conditions governing development may also be enforced by being attached to the development
permit.
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
28
Nothing in this Plan shall affect the continuance of land uses which are lawfully established on the
date that the Plan comes into effect.
5.2
Capital Works Plan
At the present time there are no capital works projects planned over the next few years. In the
coming planning period, a Capital Works Plan will be adopted and implemented by Council (as
projects are identified) that will aim to upgrade existing infrastructure and construct new infrastructure
where appropriate. The Program will include a five-year program of work to be undertaken as
required by the Municipalities Act.
The following table can be used to identify priority works projects and studies as they are identified to
implement the Plan over the Planning period. Any projects will be pursued with due consideration of
the financial position of the Town, its revenue sources, borrowing capabilities and available funding
opportunities.
Priority
Project
Total Estimated
Cost
Estimated Council
Portion
1
2
3
4
5
6
Other Projects Funded 100% by Council
Council's ability to undertake major public works during the Planning Period will depend largely on its
financial management program. Overall, the objective will be to minimize the increase in municipal
debt load and to economize on project costs where possible.
The following are regarded as important components of a financial management program for the
municipality:
(a)
All proposed public works which qualify for assistance from the provincial or federal
governments shall be financed on this basis. This shall include cost sharing programs with the
provincial government and grants.
(b)
Funds raised by the municipality to undertake public works shall be obtained from local
revenues where possible. The principal source from which funds could be realized for this
purpose is new development.
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
29
Minor public works in particular should be financed from current account where possible.
(c)
Mill rates and service fees shall be managed during the Planning Period to keep pace with
inflation and to ensure that an acceptable level of municipal services can be achieved.
(d)
Council shall manage its debt during the Planning Period with the long range objective of
reducing its ratio of debt charges to total revenues to 25%.
(e)
Annual locally generated revenue shall be applied against the municipality's long term debt.
Payments shall be in keeping with the policy of the Department of Municipal Affairs and
agreement between the Town and the Department.
(f)
For subdivision development, Council shall pursue a break-even policy for development which
will require the developer to pay for the installation of all services to municipal standards.
5.3
Land Use Zoning, Subdivision and Advertisement Regulations
Once this Municipal Plan has been adopted, Council will proceed to adopt Comprehensive Land Use
Zoning, Subdivision and Advertisement Regulations (known as Development Regulations) pursuant
to Section 35 of the Urban and Rural Planning Act, 2000.
The Regulations will be drawn up so as to implement the Goals, Objectives and Land Use Policies of
the Municipal Plan. The document will contain general land use and subdivision regulations designed
to control all land subdivision and development within the Winterland Municipal Planning Area.
All land within the Planning Area will be covered by land use zones (residential, commercial, etc.)
which will provide for such detailed requirements as lot size and coverage, building setbacks and
parking regulations.
Council may refuse or approve applications, with or without conditions. Decisions of Council made
according to the provisions of this Plan and the accompanying Development Regulations may be
appealed to the appropriate Appeal Board established under Part VI of the Urban and Rural Planning
Act, 2000.
5.4
Adoption of Development Schemes
Another means by which this Plan can be implemented is through the adoption of Development
Schemes. They can be prepared at any time during the Planning Period in order to amplify on policies
contained in the Plan or to allow for development of particular land areas.
Development Schemes are prepared under the Urban and Rural Planning Act, 2000 and therefore
are subject to a Public Hearing and approval by the Minister of Municipal and Intergovernmental
Affairs, the same as a Municipal Plan. The Winterland Municipal Plan does not require preparation of
any Schemes at the time of Plan adoption.
Client: Town of Winterland, NL
Project Name: Town of Winterland Municipal Plan 2014-2024
Project Number: FRE-00205223-A0
Date: 2014-Dec-15
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5.5
Procedure for Amending the Municipal Plan
The administration and implementation of a Municipal Plan is a continuous process. During the
planning period, conditions in the Town may change and, where necessary, amendments to the
Municipal Plan may be adopted by Council.
In accordance with Section 27 of the Urban and Rural Planning Act, 2000, Council will charge a
proportion of the cost of carrying out an amendment to the person or association of persons, who
request an amendment. The proportion to be charged will be set by Council as part of its annual
budget process in setting its Schedule of Rates and Fees. The costs may include, but are not limited
to, research and preparation of amendments, public notices and consultation, administrative
processing costs, and the costs associated with a Public Hearing.
Any such amendment will be read with and form part of this Plan. After five years from the date on
which this Plan comes into effect, Council shall review the Plan and revise it if necessary. Any
revision should 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.
5.6
Procedure for Considering Re-Zonings
Development Regulations can be changed through text amendments (the addition of a permitted use
within a use zone, additions to or changes in a condition, or a change in definition) or through map
amendments (a change to the zoning map). In order for consideration of any proposals to amend the
Development Regulations, Council shall require a clear proposal to be submitted that shows:
(a)
Location of the subject property, to scale, showing lot dimensions, area, street frontages;
(b)
Proposed means by which the site is/will be serviced;
(c)
Proposed location of all driveways and parking areas;
(d)
Areas that are to be landscaped or left in a natural state;
(e)
Proposed location of all buildings on the site; and
(f)
Identification of adjoining land uses, natural hazards, or sensitive natural areas.
When considering proposals for developments that necessitate amendments to the Development
Regulations, Council shall have regard to the Goals, Objectives, Policies and programs outlined in
this Plan, and whether or not the proposal is in conformance with the intent of the Municipal Plan,
Development Regulations and all other Town Policies and Regulations.