Witless Bay, Newfoundland and Labrador
· adopted 2016-06-24
This is the exact embedded text of the captured official document.
Snapshot e0423708984a · verified 2026-06-05 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
TOWN OF WITLESS BAY
MUNICIPAL PLAN
2013-2023
liewrotindland
Labrador
JUN 0 13 2016
Government of Newfoundland and Labrador
Department of Municipal Affairs
Office of the Minister
COR/2016/01617
Mayor Sebastien Despres and Council
Town of Witless Bay
P.O. Box 130
Witless Bay, NL AOK 4K0
Dear Mayor Despres and Council:
RE: Witless Bay Municipal Plan
Further to our meeting on April 19, 2016, I am writing to advise Council that I have approved
and registered the May 2013 Witless Bay Municipal Plan and Development Regulations under
authority of sections 23, 24 and 26 of the Urban and Rural Planning Act, 2000.
As you are aware, the May 2013 version of the Witless Bay Municipal Plan was chosen by the
majority of Town residents that voted in the September 2015 plebiscite on this matter. I also
considered submissions to the department and Commissioner Thistle, along with the comments
and the five recommendations that Commissioner Thistle provided as a result of his Public
Hearing on the matter in October 2015.
In relation to the Commissioner's recommendations, I have determined that recommendations
numbered one, four and five are already included in the May 2013 Witless Bay Municipal Plan
that was adopted and presented at the Public Hearing and therefore do not require any changes.
With respect to recommendations numbered two and three, both require consideration of matters
that fall under the authority of the Lands Act. Specifically, recommendation 2 relates to Crown
grants and recommendation 3 relates to the reservation of Crown lands. As such, these matters
are separate from the process for registering the Municipal Plan and Development Regulations
under the Urban and Rural Planning Act, 2000 and must be considered in accordance with the
Lands Act and associated policies. As per the discussion at the April 19, 2016 meeting, should
Council wish these recommendations to be considered, I refer you to information provided by
Jamie Chippett, Deputy Minister, on April 21, 2016, or please contact Darren Moore, Director of
Land Management with the Lands Branch, for information regarding the application for grants
and reserves.
Based on the above, I have decided to approve the May 2013 Witless Bay Municipal Plan as it
was adopted by my predecessor. In order to comply with subsection 350) of the Urban and
Rural Planning Act, 2000, I have also approved changes to the Development Regulations
associated with the May 2013 Witless Bay Municipal Plan by removing instances where those
Aar
P.O. Box 8700, St. John's, NL, Canada A113 4J6 t 709.729.3048 f 709.729.0943
cier E
- iNS 7:/;...°
:tP
n.
°".
-
'it!,
t3e1;6f332;'"-
Municipal Plan/Afuendment
REGISTERED
Development Regulations/Amendment
REGISTERED
regulations would allow land uses that are not contemplated in the policies of the Municipal
Plan. A listing of the modifications to the Development Regulations is appended to this letter.
Council should also take note that the policies articulated in the May 2013 Municipal Plan may
include land uses that are not contemplated in the accompanying Development Regulations.
Council has authority, subject to the requirements of the Urban and Rural Planning Act, 2000, to
amend the Development Regulations to allow uses that are provided by the May 2013 Witless
Bay Municipal Plan. Similarly, Council also has authority, subject to the requirements of the
Urban and Rural Planning Act, 2000, to amend the May 2013 Witless Bay Municipal Plan for
issues that are not currently captured by the policies of the Municipal Plan.
You should be aware that the May 2013 Witless Bay Municipal Plan will come into legal effect
upon publication of a notice in the Newfoundland and Labrador Gazette that the plan has been
registered. A similar notice will also be published in The Telegram. The Manager of Land Use
Planning will advise the Council of the publication dates when those are confirmed.
As I stated in the meeting on April 19, 2016, this concludes the department's involvement in this
exercise of approving and registering the Witless Bay Municipal Plan and Development
Regulations. Should Council wish to make amendments to the Plan, I refer you to the process set
out in section 25 of the Urban and Rural Planning Act, 2000.
Air
Sincerely,
STIA9i4L
EDDIE JOYC HA
District of Hum -- Bay of Islands
Minister of Municipal Affairs
cc: Mr. Keith Hutchings, MHA
Attachments
Annex:
Modifications to 'Schedule C" of the Development Regulations
accompanying the May 2013 Witless Bay Municipal Plan
Residential Land Use Zone
- "Double Dwelling" deleted from the list of "Permitted Uses"
- "Medical" deleted from the list of "Discretionary Uses"
Residential Rural Land Use Zone
- "Antenna" deleted from the list of "Discretionary Uses"
Residential Subdivision Area Land Use Zone
- "Forestry" deleted from the list of "Discretionary Uses"
Mixed Development Land Use Zone
- All uses other than "Single Dwelling" deleted from the list of "Permitted Uses"
- "General industry" deleted from the list of "Discretionary Uses"
Commercial Local Land Use Zone
- "Group child care" deleted from the list of "Permitted Uses"
- "Apartment building", general assembly", "medical treatment", and "agriculture" deleted
from the list of "Discretionary Uses"
Commercial Highway Land Use Zone
- "Indoor assembly" deleted from the list of "Permitted Uses"
- "general assembly" deleted from the list of "Discretionary Uses"
Industrial Light Land Use Zone
- "Transportation" deleted from the list of "Permitted Uses"
- "Professional and personal service" and "recreational open space" deleted from the list
of "Discretionary Uses"
Public Buildings Land Use Zone
- "Medical treatment and special care", "recreational open space" and "police station"
deleted from the list of "Permitted Uses"
- "Cemetery", "shop", and "club and lodge" deleted from the list of "Discretionary Uses"
Watershed Land Use Zone
- "Antenna" deleted from the list of "Discretionary Uses"
Rural Land Use Zone
- "Office", "light industry" and "transportation" deleted from the list of "Discretionary
Uses"
tia")
Newrouhdband
Labrador
OCT 0 5 2015
Government of Newfoundland and Lahr idor
Department of Municipal and Intergovernmental Affairs
Office of the Minister
COR/2015/04433-03
Town Council of Witless Bay
P.O. Box 130
Witless Bay, NL AOA 4K0
Dear Mayor and Councillors:
I write further to my correspondence of September 18, 2015 regarding the adoption of the
Version A - May 2013 municipal plan (Plan), which was required by 12:00 pm on Friday,
October 2, 2015. This deadline has passed and we have been advised that the Witless Bay Town
Council ("Council") has not adopted the Plan.
In accordance with my authority under section 103(2) and section 16 of the Urban and Rural
Planning Act, 2000 ("Act"), for and in the name of the Council, I have adopted the Plan. A copy
of the Plan is enclosed.
Going forward, I consider it necessary to proceed in accordance with section 26 of the Act, and
carry out the duties under sections 17 to 25 of the Act as if I were Council. A Notice of Adoption
and Notice of Public Hearing will he posted in The Telegram on October 6, 2015 and in the Irish
Loop Post on October 7, 2015, advising that the Plan has been adopted and announcing the
Public Hearing. An additional notice will be published in The Telegram prior to the hearing, in
accordance with the Act.
The Public Hearing will be conducted by an external commissioner and is scheduled for October
20, 2015 at 7:00 pm to hear submissions related to the Plan at the Knights of Columbus Hall, The
Avenue, Witless Bay. If additional time is required, the Public Hearing may reconvene at
7:00 pm on October 21, 2015 at the same location. Please note that departmental officials will
advise Council of the name of the commissioner prior to the Public Hearing, once the terms of
the appointment are confirmed.
The Plan may he viewed at the Department of Municipal and Intergovernmental Affairs Office,
First Floor, West Block, Confederation Building, St. John's from 8:30 am to 3:30 pm on
weekdays from October 6 to 20, 2015 (excluding October 12). It may also be viewed online at
http://www.miga.gov.nl.ca/consultations/witlessbay/index.html. In addition, the Department
would like to make a copy available to residents for viewing at the Town Council office. I would
appreciate your consideration of this request, as an added convenience for the residents.
Written statements relating to the Plan must be received by the Department of Municipal and
Intergovernmental Affairs by October 18, 2015. Persons or associations submitting written
statements are required to provide two copies of their signed statements by October 18, 2015 to:
Department of Municipal and Intergovernmental Affairs
P.O. Box 8700, St. John's, NL, AIR 4J6
Telephone: 1-709-729-3090
Email: [email protected] with a copy to [email protected]
In addition, submissions may be made at the hearing on October 20, 2015 and October 21, 2015
(if a second hearing day is necessary).
Sincerel
KEITITC
MHA
Ferryland Distric
Minister of Municipal and Intergovernmental Affairs
TABLE OF CONTENTS
1.0
INTRODUCTION
Page
1
1.1
Municipal Plan Preparation
1
1.2
Plan Approval
2
1.3
Plan Review and Amendment
2
1.4
Plan Administration
3
1.5
Witless Bay Municipal Plan Review
3
1.6
Community Profile
6
1.7
St. John's Urban Region Regional Plan
11
1.8
Interpretation
13
2.0
GOALS AND OBJECTIVES
14
2.1
Physical Structure
14
2.2
Economic Opportunities
15
2.3
Housing
16
2.4
Transportation
17
2.6
Community and Social Services
17
2.7
Environment
18
2.8
Municipal Finance
19
2.9
Recreation and Tourism
19
2.10 Sustainable Development
20
3.0
THE LAND USE PLAN
201
3.1
General Land Use Policies
21
3.1.1
General Policies
21
3.1.2
Servicing Policies
28
3.1.3
Environmental Policies
29
3.2
Specific Policies - Land Use Designations
31
3.2.1
Residential
31
3.2.2
Mixed Use
38
3.2.3
Commercial
42
3.2.4
Industrial
45
3.2.5
Public Use
48
3.2.6
Conservation
50
3.2.7
Open Space Recreation
53
3.2.8
Watershed
54
3.2.9
Rural
55
TABLE OF CONTENTS (cont'd)
Page
4.0
IMPLEMENTATION
58
4.1
Plan Administration
58
4.2
Plan Implementation
59
4.3
Development Regulations
60
4.4
Development Control
60
4.5
Public Works and Municipal Services
61
Town of Witless Bay
Page 1
1.0 INTRODUCTION
1.1 MUNICIPAL PLAN PREPARATION
The Witless Bay Municipal Plan is Council's comprehensive policy document for
the management of growth within the municipal planning area over the ten-year
planning period of 2013-2023. The Plan repeals and replaces the Witless Bay
Municipal Plan 2005-2015.
The Witless Bay Municipal Plan has been prepared in accordance with the
requirements of the Urban and Rural Planning Act 2000, following surveys and
studies of land use, population growth, the local economy, present and future
transportation and communication needs, public services, social services and
other relevant factors.
The Plan outlines the goals, objectives and policies of Council regarding the
development of the Municipal Planning Area over the next ten years. This
Municipal Plan, consisting of a written text in which the goals, objectives and
policies are set out, also includes Land Use Maps indicating the proposed
allocation of land into various land use categories. Its aim is to promote the well-
being of the community and efficiently utilize land, water, and other resources.
The Witless Bay Municipal Plan consists of written text and Future Land Use
Maps.
e
Municipal Plan 2013-2023
Town of Witless Bay
Page 2
1.2 PLAN APPROVAL
For the Plan to gain full legal effect, Council must hold public consultation with
area residents and concerned groups and individuals to allow for public input into
the planning process. After this consultation, Council must adopt the draft Plan
and allow for further input from the general public through a Public Hearing.
Council shall appoint a qualified Commissioner to conduct a formal hearing to
consider objections and representations from the public, either opposing or in
favour of the Municipal Plan. The Commissioner shall formally report his findings
to Council as a result of the public hearing. Council may adopt the report in
whole, in part or reject the report in its entirety. Council can then formally
approve the Municipal Plan and apply to the Department of Municipal Affairs for
registration. A notice will then appear in the Newfoundland and Labrador
Gazette and a local newspaper advising the public of Council's intent. Once this
notice has been published in the Newfoundland and Labrador Gazette, the Plan
is legally binding on Council and any person or group proposing to develop, or to
change the use of land, anywhere within the Planning Area.
1.3 PLAN REVIEW AND AMENDMENT
Every five years from the date on which the Municipal Plan first comes into effect,
Council is required to initiate a review of the Plan. Where necessary, changes
may then be made to account for any new policies or land use requirements for
the next ten years. The Plan may otherwise be amended at any other time, in
whole or in part. Any such amendment will be read together with, and become
part of the Municipal Plan and so must not conflict with any other of its policies. If
circumstances do not permit a Plan review to be undertaken within the
Municipal Plan 2013-2023
Town of Witless Bay
Page 3
prescribed time, the current Municipal Plan, and any amendments that had been
made to it, will remain in effect until a Plan review is completed and fully
approved.
When the Municipal Plan comes into effect, Council is required to develop
regulations for the control of the use of land, in strict conformity with the
Municipal Plan, in the form of Land Use Zoning, Subdivision and Advertisement
Regulations. These are also known as the Development Regulations. Normally,
these are prepared at the same time as the Municipal Plan, and like the Plan,
may be amended at any time to include new land uses and specific regulations.
1.4 PLAN ADMINISTRATION
The day-to-day administration of the Municipal Plan and Development
Regulations is administered by staff members authorized by Council. Council
staff issue all necessary permits approved by Council, make recommendations to
Council in accordance with the Municipal Plan, and enforce the regulations. The
Department of Municipal Affairs may be consulted on any development matters.
L5
WITLESS BAY MUNICIPAL PLAN REVIEW
The Town of Witless Bay was incorporated on January 1, 1986, which was also
the introduction of its first Municipal Plan. The preceding Witless Bay Municipal
Plan was drafted in 2005 and this is the first comprehensive review of that Plan.
This 2013 Municipal Plan updates and accommodates various amendments
made to the original documents.
40°
Municipal Plan 2013-2023
Town of Witless Bay
Page 4
History and Regional Context
The Town of Witless Bay originally developed in a linear pattern along Witless
Bay harbour and later spread inland with the construction of local roads and
highways. The Town consists mostly of residential development interspersed
with businesses, public offices and other facilities. Further inland there is more
single-family residential development, as well as public buildings, businesses,
recreational and industrial uses. In more recent years, residential development
has expanded along back roads, such as Track Road, Gully Pond Road, and
Gallows Cove Road. Most of these areas consist of unserviced large lot
residential development. Homes in Witless Bay are serviced with on-site water
and sewer. Rural parts of the Planning Area provide resource areas for the
Town's residents; most notably blueberry grounds, some forest resources, and a
surrounding natural setting.
Historically, the economic base of Witless Bay has been dependent on the
fishery. However, with the downturn in the fishery in recent years the economy
of the Town is now largely dependent on local taxation from mostly residential
dwellings and a smaller portion from businesses. In recent years, tourism has
been playing an increasing role as well. Also, with the completion of the Howlett
Memorial Drive, the proximity of the Town to larger centres (St. John's and Mount
Pearl) allows residents to commute elsewhere in the region for employment
opportunities. A sufficient land base appears to be available to accommodate
new business development should opportunities arise, as outlined in the previous
version of the Plan.
Witless Bay is located about 30 km from St. John's, on the Southern Shore of
Newfoundland. According to folklore legend, the name Witless Bay originally
came from an early European habitant named Captain Whittle from Dorsetshire,
England. The area was originally named Whittle's Bay, after this one family.
4111r
Municipal Plan 2013-2023
"sr
-Mr
Town of Witless Bay
Page 5
Upon the death of Captain Whittle, his widow and children decided to return to
England. The remaining settlers referred to Whittle's Bay as Whittle-less Bay and
eventually
became
Witless
Bay.
This community is a small, scenic outport, originally settled to participate in the
cod fishery. Migratory fishermen began visiting the vicinity in the late 1600s and
by the mid-1700s, Irish fishing servants began to settle, quickly outnumbering
any English who had settled. In 1835 Witless Bay had a population of 542, and
within ten years, this substantial population saw a school and chapel built. During
settlement history, residents of Witless Bay kept gardens and tended livestock,
such as sheep, to supplement the inshore cod fishery. However, residents were
still susceptible to the eventual decline in the fishery. As the fishing industry rose
and then fell, so too the population of Witless Bay grew and then dipped.
Nowadays, with the fishery all but gone, The Town relies on a crab processing
plant, some service industries and a number of tourism related business that
include accommodations.
Source: Intangible Cultural Heritage Inventory, Memorial University
Witless Bay Ecological Reserve
The Witless Bay Ecological Reserve, consisting of four islands: Gull Island,
Green Island, Great Island, and Pee Pee Island, is located to the east of Witless
Bay. The Reserve contains North America's largest Atlantic Puffin colony and is
estimated that more than 260,000 pairs of Atlantic Puffins nest there during the
late spring and summer. The Reserve also hosts the world's second-largest
colony of Leach's Storm-petrels. More than 620,000 pairs of these birds come
here to nest every year. Thousands of Black-legged Kittiwakes and Common
Murres arrive for the nesting season. Large numbers of birds nest on these
islands during the seabird breeding season, roughly from April to September.
-
Municipal Plan 2013-2023
Town of Witless Bay
Page 6
Witless Bay Puffins
Around late summer to early fall, young puffins from the Witless Bay Ecological
Reserve leave their burrows. The young birds are often lured toward land
instead of out to sea by lights on the shore and have a hard time finding their way
back to the ocean.
As an increasing attraction, local residents have been collecting stray puffins and
releasing them back onto the water. Up to 500 young birds have been rescued
so far this year. This phenomenon is gaining attention from wildlife scientists and
levels of Government. When possible, the stray puffins are tagged and released
back into the wild.
1.6 COMMUNITY PROFILE
Vision Statement
Witless Bay is known for its scenic and rugged beauty, its Puffins, Whales and
tourism values. Witless Bay is embracing the convenience of urban living with
the traditional setting of a rural Newfoundland community. A forward-looking
community that meets the needs of its citizens and striking a balance between
development and environmentally sustainability while maintaining and enhancing
its unique rural community character and natural environment.
'Mr
S
.....
Municipal Plan 2013-2023
Town of Witless Bay
Page 7
Community Assets
Witless Bay is home to a crab processing plant, a retirement complex, a farm,
automobile service centers both mechanical and autobody, a bank, building
supplies store and a music studio. The town is also home to a number of tourism
related business that include accommodations, food service and adventure
tourism. The balance of the forty business that operate in the town of Witless Bay
include food take out, gas bar, pottery, convenience stores, plastic
manufacturing, bus companies, trucking, construction, personal and pet services
as well as printing, home heating and business to business services.
The primary/elementary school for this region is in Witless Bay. The regional
volunteer fire department is administered through the town of Witless Bay and
the town has a number of service and recreation organizations that are run by
volunteers. The town is working on a town plan to better manage the challenges
that are associated with the rapid growth they are experiencing and how such
growth impacts on the town and its residents.
The Town also is home to the Witless Bay Festival, a summer celebration which
provides an opportunity for local entertainers to showcase their talent as well to
provide the community and tourists a chance to enjoy local hospitality and
attractions.
Population Characteristics 1996-2011
The 2011 census population of Witless Bay is 1179, representing a 10.2%
increase from the 2006 population which was 1070, a slight increase of 1.3%
from its 2001 population of 1056 and a -5.5% decrease from its 1996 population
of 1118. This figure reflects a significant growth rate compared to the provincial
-
Municipal Plan 2013-2023
Town of Witless Bay
Page 8
population increase of 5.4% during the 2006-2011 census period. Since 2001,
Witless Bay is also experiencing resurgence in population and residential
development.
Table 1: Population Change
Year
Population
Change
% Change
1996
1118
2001
1056
-62
-5.5%
2006
1070
14
1.3%
2011
1179
109
10.2%
Housing
The 2011 census recorded 484 dwellings, while the 2006 census recorded a 420
dwellings. Council has been issuing an average of 10-12 new dwelling permits
from 2006-2009, but new housing starts rose dramatically from 2010 to present
day. A substantial proportion of new dwelling construction has occurred in west
end of Town along Track Road in the Emerald Estates subdivision as well as
Juniper Hill Estates. This new housing trend is expected to maintain at current
levels with a number of new housing developments being considered in particular
in the Dean's Road and Gallows Cove Road areas.
New Housing Permits 2006 - 2012
2006
11
2007
1
2008
11
2009
18
2010
38
2011
44
2012 (to date)
20
Municipal Plan 2013-2023
Town of Witless Bay
Page 9
Economy and Labour Force
The 2011 Census Data do not provide labour force data. While less accurate,
the 2006 census data for labour force is used. In 2001, the employable
workforce of Witless Bay numbered 520 people. This figure increased to 890 in
2006, of which the majority worked outside of Town. In Witless Bay, there is
work in service-sector businesses, educational and health care.
The
construction trades have a healthy work force. Table 3 shows the types of
occupations in which these people worked.
TABLE 3: EMPLOYMENT BY INDUSTRY, WITLESS BAY 2006
Industry
No. of Employees
Agriculture and other Resource Based Industries
55
Construction
50
Manufacturing
85
Wholesale Trade
15
Retail Trade
50
Finance and Real Estate
0
Health Care and Social Services
60
Educational Services
55
Business Services
90
Other Services
90
TOTAL
890
Land Use
While Witless Bay was once considered a low-density rural community, it is now
undergoing growth and urbanization and density has increased substantially in
the past decade. The predominant housing form is the single-family detached
Municipal Plan 2013-2023
Town of Witless Bay
Page 10
e
house with a small percentage of apartments. Most dwellings are located on
single lots. In 2010, the Municipal Assessment Agency showed an increase of
20% in residential property value.
The Town has developed in the form of a long and narrow ribbon along the North
Track Road, Harbour Road and Gallows Cove Road to name a few. The more
in-depth developments are located off Southside Track Road and Gull Pond
Road with new developments proposed off Dean's Road and Gallows Cove
Road. The predominantly linear and dispersed form of development will make it
difficult and expensive should the Town ever consider municipal services such as
water and sewer. Additionally, new residential development is proving to be
costly for on-site water and septic services. Commercial and some industrial
land uses are being considered along the Southern Shore Highway, Route 10, at
the entrance to the Town.
Planning Issues
With a significant increase in population, Witless Bay has ample land designated
for future residential growth, in particular along Dean's Road and future phases
of the Emerald Estates west of Southside Track Road. However, development in
the adjoining Town of Bay Bulls appears to have had little effect on new
residential development.
However, both Towns are constrained by the
availability of land suitable for large scale subdivision development. Therefore,
the Town may experience a continuous demand for residential growth along
Dean's Road, Southside Track Road and south off Gallows Cove Road.
Municipal Plan 2013-2023
Town of Witless Bay
Page 11
1.7 ST. JOHN'S URBAN REGION REGIONAL PLAN
The St. John's Urban Region Regional Plan covers Witless Bay and designates it
as one of the Local Centres where the extent of present development is such that
public services must be provided. In the residential areas priority will be given to
the provision of a piped water supply and sewage collection facilities. The
growth of these areas will depend upon servicing facilities and physical
constraints to development.
In considering the position of Witless Bay in the St. John's Urban Region as
established in the Regional Plan, it is essential to recognize one of the basic
concepts of the Regional Plan which envisages that the major population growth
of the region will be accommodated in the established urban centre (the City of
St. John's and its immediately peripheral locations) in order to maximize the use
of roads, water supply and all other urban services.
For the planning and development of the designated Local Centres, the Regional
Plan establishes the following guidelines:
- Local centres may be able to develop to the fullest extent possible with the
constraints established by:
o The existing and likely future extent of municipal services;
o The ability of the region to finance the necessary capital works to
service such development;
o The need to protect regional resources including agricultural and
forest lands, watersheds and scenic resources;
o The need to limit as far as possible heavy capital expenditure on
additions to the regional road network to handle commuting and
other traffic;
Municipal Plan 2013-2023
Town of Witless Bay
Page 12
o The amount of infilling possible within presently developed areas;
o The capacity of existing local roads and the need to achieve a
desirable level of transportation service;
o The effect of additional population on present school facilities.
- Within the local centres, residential uses shall generally be of a low
density nature with a continuing predominance of single-family dwellings.
Consistent with the size of most of the local centres and the policies of
educational authorities in the region, school facilities may be limited to the
junior grades.
- Commercial uses shall be limited to those of a local nature but may
include both retail and highway commercial functions, where such uses
are deemed desirable. Industrial activities shall generally be limited to
those of a specialized local nature such as the fishing industry. Other
small scale industries providing local employment to a small number of
persons may also be considered appropriate.
- Two prime aims in the local centres will be to encourage the infilling and
consolidation of presently semi-developed areas once essential public
services to existing development are installed and to develop improved
local road systems so that better circulation of traffic may be facilitated.
- The Local Area and Municipal Plans shall recognize and define, where
applicable, a core area or areas within which higher density development
and development in depth may be possible.
- Two levels of service may be provided in the local centres depending
upon local conditions; one area within which water and sewer and full
Municipal Plan 2013-2023
Town of Witless Bay
Page 13
municipal services would eventually be installed would form the heart of
each such local centre. Outside of this would be an additional area of
somewhat lower density development within which a lesser standard of
services would be required.
- In addition, the following two objectives of the Regional Plan are also
essential in guiding the planning and development of Witless Bay:
o To prevent development that will require disproportionately costly
public services because of location or use and to preserve in its
natural state land that should not be developed due to its physical
characteristics.
o To prevent the continuation of 'ribbon development' along the main
roads and highways of the region.
1.8 INTERPRETATION
The following sections and the Future Land Use Maps constitute the legally
effective parts of the Witless Bay Municipal Plan. In this Municipal Plan:
- "Council" shall mean the Council of the Town of Witless Bay.
- "Development Regulations" shall mean the Witless Bay Land Use Zoning,
Subdivision and Advertisement Regulations.
- "Municipal Planning Area" shall mean the Witless Bay Municipal Planning
Area.
- "Town" shall mean the Town of Witless Bay.
The boundaries between the different land uses designated in the Municipal Plan
are meant to be general, except in the case of roads or other prominent physical
features where they are intended to define the exact limits of each category.
Municipal Plan 2013-2023
Town of Witless Bay
Page 14
Nothing in the Plan shall affect the continuance of land uses which are lawfully
established on the date that this Plan comes into effect.
2.0 GOALS AND OBJECTIVES
It is the intention of the Municipal Plan to establish a number of goals and
objectives. A goal is a desired state which reflects the long-range purpose of the
Plan and is related to a major area of concern. An objective is a short-range step
toward the goal. It is concrete, realistic, action-oriented and attainable within a
period of 3 to 5 years. The achievement of an objective should move the goal
closer to reality.
Based on a comprehensive study of the planning aspects of the Witless Bay
Planning Area, the following are the goals and objectives of this Municipal Plan,
which are to be pursued within the ten year planning period.
2.1 PHYSICAL STRUCTURE
Goals:
- To provide for development and allocate land for its best use which will
enhance the viable functioning of the community.
- To encourage future growth in a manner that ensures land use
compatibility and orderly development.
Municipal Plan 2013-2023
Town of Witless Bay
Page 15
-
- To control future growth of the town in such a manner as to develop a
balanced and attractive community.
- To preserve the rural character of the Town, allowing residents to maintain
activities such as small-scale traditional agricultural uses, while preventing
problems to neighbouring residents.
- To protect the natural environment and natural resources throughout the
Planning Area.
Objectives:
- To allocate land for future development on the basis of its best use
considering its physical characteristics and location.
- To ensure that natural areas such as drainage courses, shorelines, and
steep slopes are protected from development to preserve environmental
resources and the rural character of the Town.
IOW
- To preserve scenic views of the shoreline, ponds and hills, recognizing
their value to residents and visitors for recreation and tourism.
2.2
ECONOMIC OPPORTUNITIES
Goal:
- To encourage the continued operation of existing businesses through
appropriate land use policies.
- To encourage the development of additional employment opportunities to
serve the present and future population.
Municipal Plan 2013-2023
Town of Witless Bay
Page 16
Objectives:
- To allocate land so that new businesses will be attracted to Witless Bay.
- To support the development of facilities and attractions in promoting the
tourism industry within Witless Bay.
- To encourage home-based businesses.
2.3 HOUSING
Goals:
- To provide for an adequate quality, quantity and mix of housing to serve
the needs of the present and future population.
- To provide good quality residential site design and a high standard of
municipal services.
Objectives:
- To provide an adequate amount of land to accommodate residential
development within the municipality.
- To encourage improvement of existing dwelling standards.
- To provide for a mixture of housing types within the municipality.
- To encourage the development of residential infilling lots within built up
neighbourhoods.
Municipal Plan 2013-2023
Town of Witless Bay
Page 17
2.4 TRANSPORTATION
Goal:
- Ensure that the local transportation system adequately and safely provides
access throughout the Planning Area.
OBJECTIVES:
- To undertake continued improvements to the municipal roads through a
regular maintenance program.
- To aim for a proper road system by connecting streets which require a
second access.
- To reserve land for future access to backlands.
2.5 COMMUNITY AND SOCIAL SERVICES
Goal:
- To provide a full range of social and community services to Witless Bay.
Objectives:
- To ensure that land is reserved throughout the town for recreation and
open space.
S
Municipal Plan 2013-2023
Town of Witless Bay
Page 18
- To ensure public access to the major natural features of the planning area
such as the vistas, ponds, streams, and ocean shoreline.
- To encourage the multi-functional use of existing community buildings
(schools, churches, community halls, etc.).
2.6 Environment
Goals:
- To provide a pleasant and safe living and working environment in Witless
Bay.
- To provide for the health, safety and welfare of the general public.
- To protect and enhance the natural environment for its aesthetic,
recreational, tourism and resource values.
Objectives:
- To promote a regular community "clean-up" program.
- To discourage development in areas with slopes greater than 15 percent,
recognizing that development in such areas can result in environmental
damage and higher costs for servicing and maintenance.
- To maintain a minimum 15 metre buffer of land from the highwater mark of
ponds, lakes, streams and shorelines to be kept generally free from
development.
- To protect natural resources from degradation including water, air, soils,
traditional agricultural land, forests and scenic areas.
S
vow
Municipal Plan 2013-2023
Town of Witless Bay
Page 19
IOW
2.7 MUNICIPAL FINANCE
Goal:
- To manage municipal expenditures and revenues so as to provide
necessary municipal services within a framework of long-term financial
stability.
Objectives:
- To manage municipal expenditures with restraint, aiming for maximum
return on investment.
-
- To manage the municipal debt, considering the Town's ability to meet its
expenditures over the long term.
- To encourage a more diversified economic base to generate more
revenues through business taxes.
2.8 RECREATION AND TOURISM
Goal:
- To provide recreation facilities and develop new facilities to accommodate
recreational and social needs for all age groups in the Town.
Municipal Plan 2013-2023
Town of Witless Bay
Page 20
Objectives:
- Encourage public participation in the planning of recreational open space
lands and encourage events such as community festivals, sporting events,
and other attractions.
- Develop public recreational areas and facilities in feasible locations which will
service the maximum number of residents of the Town.
- Promote the Town along with the East Coast Trail as a tourist attraction and
encourage travelers to visit Witless Bay.
2.9
SUSTAINABLE DEVELOPMENT
Goal
- To encourage the preservation of natural resources and to promote the
development of sustainable development activities.
Objective:
- To promote the development of industries that use clean renewable
sources of energy.
S
IOW
Municipal Plan 2013-2023
Town of Witless Bay
Page 21
3.0 THE LAND USE PLAN
The following policies with accompanying Future Land Use Maps constitute the
land use component of the Witless Bay Municipal Plan, 2013-2023. Included
are all policies which are seen as necessary by Council to ensure that the
physical development of Witless Bay is undertaken in an efficient and economic
manner during the ten-year (2013-2023) life of this municipal plan. The Land
Use Plan is meant to complement the Goals and Objectives outlined in Section 2.
3.1 GENERAL LAND USE POLICIES
The following policies can be categorized as general in scope in that they can be
applied to more than one land use and to different sections of the Town of
Witless Bay. They are therefore presented as a separate section of this Land
Use Plan.
3.1.1 GENERAL POLICIES
1.
Physical Structure:
Land uses will be allocated in accordance with the Future Land Use Map
attached to this text. Development within the Planning Area will be
11--- Municipal Plan 2013-2023
Town of Witless Bay
Page 22
S
managed in accordance with the regulations of Council, in adherence with
the policies, acts, and regulations of the Province.
Nothing in the Plan shall affect the continuation of a use which was legally
established on the day that this Plan is registered by the Minister of
Municipal Affairs. Where a building or use exists which does not comply
with the intent of the Plan and the designated use, then it shall not be
permitted to expand substantially. Minor extensions of such properties
may be approved provided there will be no adverse effects on surrounding
properties or the environment.
Municipal and public utility works such as telephone, pollution control and
electric utility facilities are permitted uses in all 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.
2.
Subdivision Policies:
Land which borders developed residential areas may be suitable for future
residential development. All proposed subdivision developments shall be
subject to a comprehensive evaluation by Council. The content of this
evaluation will be detailed in the Witless Bay Development Regulations
and will include:
- An investigation of physical features of the site and the
opportunities and constraints to development that they represent.
-
Municipal Plan 2013-2023
Town of Witless Bay
Page 23
S
Where possible, the layout of proposed lots and roads shall
conform to the topography;
- An outline of how the proposed subdivision will integrate with
existing development and roads and services on adjacent lands
and provide for future access to undeveloped lands in the area;
- Ensure compatibility between the subdivision and surrounding land
uses, both existing and future; and
- Review of municipal servicing proposals by the developer and the
public costs of providing and maintaining these services.
3.
Subdivision Development Agreement
As a condition of approval, Council shall require the developer to sign a
subdivision development agreement with the municipality.
4.
Conveyance to Council of Private Roads
New subdivision streets shall be constructed and upgraded to the Town's
road standards before Council shall assume ownership and responsibility for
future maintenance.
All new streets shall have a legal land survey and a
Deed of Conveyance, approved by the Town's solicitor, before Council
assumes ownership.
5.
Access and Public Street
-
Municipal Plan 2013-2023
Town of Witless Bay
Page 24
All development shall front onto a publicly maintained street, unless
otherwise specified in this Plan.
6.
Easements and Emergency Access
Where land is required for utility easements or emergency access, the
land may be obtained for the appropriate agency (such as Newfoundland
Power) in the course of approving subdivision or other development
applications.
7.
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 abilities of the Towns snow clearing program.
In certain
circumstances where topography restricts the development of a lot, a
larger setback may be permitted to accommodate the development.
8.
Soil and Drainage
Development shall only be permitted on lands having soil and drainage
conditions which are suitable for the proposed uses.
9.
Infill Development
Council will monitor all infill development to ensure that appropriate
Municipal Plan 2013-2023
Town of Witless Bay
Page 25
standards are maintained with respect to lot size, frontages, road
widening, alignments, and any other matter concerning current or future
public works. In older developed sections of the Town inf ill lots may not
meet current standards. Council shall review any proposed development
on a lot by lot basis. Lots that do not meet current frontage development
standards may be approved for inf ill residential development under
Councils discretion provided there are sufficient lands for the safe
development of the lot.
10. Environmental Preservation and Enhancement
Council shall place high importance on environmental preservation and
enhancement, given its importance to residents and to Council's intention
of preserving the local environment.
Natural Environment
The policy of preserving the natural environment will be extended to all
natural systems within the Planning Area, including natural drainage
systems, wetlands, bogs, plant and fish habitats. The preservation of
watercourses and shoreline areas will be a priority within the Planning
Area.
Development proposals shall include plans for grading, ditching, and
landscaping. Significant alterations to the natural environment (such as
changing the drainage pattern or removing vegetation) will be considered
during the evaluation of development proposals. Alterations which will
adversely affect adjacent property shall not be permitted.
Municipal Plan 2013-2023
Town of Witless Bay
Page 26
Built Environment
Council shall 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., to
discourage the traditional practise of clearing development sites of
all trees and vegetation);
-
development and expansion of recreation lands;
-
development of walking trails along shoreline; and
-
Encourage the reduction and recycling of solid waste within the
Town.
11. Open Space and Recreation
A minimum of 10% of the gross area of land developed for subdivision
purposes shall be dedicated to the Town as public open space. This land
would be suitable for walking trails, tot lots, green belts, etc. Council may
accept from the developer in lieu of such area of land, payment of a sum
of money equal to the market value of the land which would otherwise be
required to be dedicated.
Council shall ensure the preservation of scenic viewpoints and ensure
long-term stewardship. Public access to natural areas and open spaces
shall be maintained.
Municipal Plan 2013-2023
Town of Witless Bay
Page 27
S
It is the intent of this Plan to designate open space areas within the Town
for active, outdoor community recreation and passive, outdoor recreation
needs. Council shall maintain and wherever, improve the integrity of
natural recreational systems such as walking and hiking trails.
12.
Removal of Topsoil
Removal of topsoil from land will not take place unless a permit has been
obtained from the Department of Natural Resources, Mineral Lands
Division and Council has granted approval.
13.
Development Criteria for Non-Residential Sites
All built-up development of non-residential land uses will conform to the
following criteria:
- Each site will have direct frontage on a public road.
- Development will be located and designed 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.
- Properties will be designed and maintained to a high standard with
regard to safety, appearance, and compatibility with surrounding
land uses.
- Access points to the public street will be limited in number and
designed for maximum safety for pedestrians and vehicles.
- Each site will provide space for adequate off-street parking and
loading facilities to meet the needs of the proposed development.
Municipal Plan 2013-2023
Town of Witless Bay
Page 28
-
- 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 Service NL and the
Departments of Environment and Conservation; Transportation and
Works, Fisheries and Oceans Canada; and other relevant agencies.
14.
Heritage Structures and Sites
Houses and other buildings and structures which were built in a traditional
or distinctive architectural style (or otherwise are deemed to have historic
or aesthetic value by Council, or a department or agency of a higher level
of government) may be considered heritage structures. It is Council's
intention to protect heritage structures for aesthetic and historic reasons
and for their historic value as a heritage and tourist attraction. Council may
enact regulations for such purposes. Historic sites shall also be protected
by Council for their historical value and as tourist attractions.
3.1.2 SERVICING POLICIES
1.
Ground Water Assessment
New subdivisions shall require a groundwater assessment be done to
determine the acceptable quality and quantity of drinking water. The
Groundwater Supply Assessment and Reporting Guidelines For
Subdivisions Serviced, by Individual Private Wells, provide administrative
and technical guidance to developers. The Water Resources
Municipal Plan 2013-2023
Town of Witless Bay
Page 29
e
Management Division, Department of Environment and Conservation,
should be contacted prior to new residential subdivision development.
2.
On-Site Sewerage Disposal
On-site sewerage disposal system shall be in compliance with the
requirements of the Service NL. Sub-surface sewerage disposal systems
shall be no closer than 30 metres from a waterbody or watercourse.
3.1.3 ENVIRONMENTAL POLICIES
1.
Preservation of Trees
Mature trees shall be preserved and replaced where necessary. Such
trees shall be removed only if they become dangerous because of age,
disease or proximity to a building; if they are overcrowded, and unduly
inhibit light and air circulation for landscape purposes and building
occupancy, or if they will unduly inhibit construction.
2.
Protection of Watercourses, Wetlands, and Waterfowl 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
Municipal Plan 2013-2023
Town of Witless Bay
Page 30
S
within 15 metres of a watercourse without approval from the Department
of Environment and Conservation and, if fish habitat is affected, from
Fisheries and Oceans Canada.
Council shall encourage the preservation and protection of sensitive
wetlands that are valuable for controlling flooding; habitat for water fowl or
have important aesthetic value to the surrounding areas. Any development
proposal within sensitive wetlands areas shall be referred to the
Department of Environment and Conservation, Water Resources
Management Division, prior to Council approving any development
proposal.
3.
Waste Disposal
Protective measures shall be taken to prevent or minimize pollution when
disposing of sewage and solid waste.
4.
Alterations to the Natural Environment
Development proposals shall include plans for grading, ditching, and
landscaping. Significant alterations to the natural environment (such as
changing the drainage pattern or removing vegetation) will be considered
during the evaluation of development proposals. Alterations which will
adversely affect adjacent property or watercourses shall not be permitted.
Topsoil or sods shall not be removed except with the approval of Council.
5.
Environmentally Sensitive Areas
AN-
Municipal Plan 2013-2023
Town of Witless Bay
Page 31
Development shall be prohibited in environmentally sensitive areas such
as steep slopes and bogs. Development shall also be prohibited in areas
prone to landslides and rockfall. Development shall be prohibited in
conservation areas within 30 metres of the rock cliff along sea wall areas
known for coastal erosion.
The Future Land Use Map identifies
Conservation areas. This policy applies to environmentally sensitive
areas in other land use designations.
6.
Upkeep of Properties
Council shall promote the upkeep of residential properties, businesses,
and institutions; encourage the repair or removal of dilapidated buildings
and structures; and prohibit indiscriminate dumping.
3.2 SPECIFIC POLICIES - LAND USE DESIGNATIONS
The land within the Witless Bay municipal planning area shall be managed
according to the designations shown on the Future Land Use Map and the
policies of this Municipal Plan.
The Future Land Use Map divides the Planning Area into the following
designations:
Residential
Commercial
Industrial
Mixed Use
Public Use
Conservation
Open Space/Recreation
Municipal Plan 2013-2023
Town of Witless Bay
Page 32
Watershed
Rural
3.2.1 RESIDENTIAL
The purpose of the Residential designation is to preserve the amenity and
character of existing residential areas and to reserve undeveloped lands for
future residential use. Anticipated new housing throughout the Planning Area
over the ten year planning period is in the order of 250 dwellings, most of which
will be single detached houses. If past trends continue, about 2/3 of this should
occur in the main part of Witless Bay as infilling on existing developed roads, or
as incremental extensions to existing development. There are undeveloped
backland areas throughout town which may be suitable for future residential
development as residential subdivisions, and these areas should be reserved for
such purposes.
Infill development on existing roads within built up areas of the town shall be
encouraged to increase the density of development and to make efficient use of
municipal services such as snow clearing, garbage collection and reduce
operating costs.
Residential Policies:
1. Land Designation
The Residential land use district is reserved primarily for residential uses and
other development compatible with residential uses. The Residential district
will consist of three categories for zoning purposes: Residential, Residential
Municipal Plan 2013-2023
Town of Witless Bay
Page 33
Rural and Residential Subdivision Area. In the Residential Zones, building lot
requirements shall be smaller than in Residential Rural Zone, in keeping with
the traditional development pattern of those areas. Residential Rural lots shall
apply to new subdivision development and is designed for large lot
development. Residential Subdivision Areas are lands reserved for future
residential development.
Residential subdivisions may be developed in Residential designated lands,
subject to policy 3.2.1.10, Residential Subdivisions, and in accordance with the
requirements of the development standards within the appropriate Land Use
Zone Table, Schedule C.
2. Land Use
Within lands designated Residential, single-family detached dwellings shall be
permitted. Complementary uses such as double dwelling, row dwelling,
apartment building, child care, office, home office, boarding house residential
(bed and breakfast), place of worship, education, education, agriculture (hobby
farming), cultural and civic, personal and professional services, recreation, light
industry, convenience store or a small scale business use where they are part
of a residence may be permitted throughout the area under the discretion of
the Council.
Council shall consider the impact of the scale of proposed uses in residential
designations to ensure that development does not adversely affect the
residential character and amenity of the area; provision of adequate space for
on site parking, loading, and buffering is provided; and the primary use of the
lot remains residential. A compatible use will occupy only a minor part of the
floor area of the dwelling.
Municipal Ran 2013-2023
Town of Witless Bay
Page 34
Residential growth shall be accommodated in approved comprehensive
subdivisions and through the orderly infilling of existing areas serviced in the
town to ensure the efficient use of available lands.
All new development and all newly created residential lots shall have direct
frontage onto a publicly-maintained road or in the case of a new subdivision
shall have frontage on a road being constructed under the terms of a
development permit issued by Council. The costs of providing services to any
new subdivision development shall be the responsibility of the developer.
3.
Density of Development
Residential development shall be of higher density within the older developed
areas of the Town where infilling may be feasible. In other outlying areas
residential development shall be of a low density type development consistent
with larger lot environment.
4.
Environmental Aesthetics
Residential development, as well as other discretionary uses that are
developed, shall preserve the scenic quality of the community, with emphasis
on building design and landscaping of new development. Tree cutting and
removal shall be limited to that necessary for construction, space around the
building, and for the installation of a septic field where required.
5.
Recreation Uses
Compatible recreation uses such as playgrounds and tot lots may be located
11--- Municipal Plan 2013-2023
Town of Witless Bay
Page 35
within Residential areas provided that adequate screening from nearby
properties is provided, and safe setback distances from public roads can be
obtained.
6.
Bed-and-Breakfast
Bed-and-breakfast operations shall be a permitted use in the residential land
use designation and shall clearly be subsidiary to the residential use and shall
not adversely affect the residential quality of the area through excessive traffic,
noise, or parking of an excessive number of vehicles.
7.
Office Use
Office use (home office) shall be limited to a home based business which may
be permitted if contained inside the residence, is clearly subsidiary to the
residential use, and there shall be no open storage of materials, equipment or
products, and do not adversely affect the residential quality of the area through
increased traffic, noise, unsightly premises, and similar considerations.
8. Childcare
Group or Family Childcare use must not adversely affect the residential quality
of an area through excessive traffic, noise, or similar considerations that may
be associated with the business. Any Group or Family Childcare business
shall operate in accordance with provincial Child Care Services Act and all
applicable Regulations.
Municipal Plan 2013-2023
Town of Witless Bay
Page 36
9.
Convenience Store
Within the Residential designated lands, new convenience stores may be
permitted as a subsidiary use to a residential dwelling or as a separate
structure on its own lot. Council shall encourage the even distribution of
convenience stores in appropriate areas throughout the Town. Development
standards shall ensure that the size of the convenience store is limited so that
it will not interfere with neighbouring residential uses.
When reviewing applications for a new or expanded convenience store,
Council shall consider factors such as access to the site; amount of parking to
be provided; any adverse impacts upon adjoining neighbours or the
neighbourhood in general, and effects of the business on traffic flow.
10. Residential Subdivisions
In order to ensure efficient use of land and future provision of services, avoid a
proliferation of individual cul-de-sacs that are costly to service, and ensure that
development is properly located so as not to interfere with optimal future
development of adjacent lands, subdivision proposals will be considered only if
they conform to the following:
- Conformity to the goals, objectives, and policies of this Municipal Plan;
- Conformity to an area concept plan as approved by Council, which
accounts for the development of lands abutting the site;
- A description of the subject lands;
- Consideration of land ownership as it will affect the layout of streets and
the optimal use of land and municipal services;
- Access to the site from existing roads and internal road layout;
Municipal Plan 2013-2023
Town of Witless Bay
Page 37
- Extension and development of municipal piped services for new
subdivision;
- Demonstration of the long-term viability of any proposed on-site servicing
system through soil analysis and other appropriate site evaluation. Council
may require a site assessment as part of a area concept plan which shall
accurately depict the conditions of the proposed subdivision site;
- Phasing scheme;
- Provision for lotting;
- Provision for 10% recreation lands or alternative measures if requested by
Council;
- Adherence to the Town's engineering and development standards for
streets designs, grades, storm drainage, building line setback, access,
landscaping, buffers, development standards for each lot, etc.
11. Backlot Development
Backlot development may be permitted at the discretion of Council in
developed areas behind existing dwellings where vacant parcels of land exist
which are of sufficient size for a building lot, but which do not have the
required frontage on a publicly maintained street. In such cases, the following
requirements shall be met:
- The site is located in an area designated for Residential development in
the Witless Bay Development Regulations;
- Approval for on-site water supply and sewage disposal must be obtained
from Council and the Government Service Centre;
- The development of the lot does not prejudice the use of adjoining
backland. Where there is potential for additional development in the area,
the lot and access shall be developed in a manner which will
Municipal Plan 2013-2023
Town of Witless Bay
Page 38
accommodate future development. In such cases, access to the public
street must be of sufficient width (15 metres) to accommodate future
public use;
- Where there is no potential for additional development, the access road
shall be treated as a private driveway and only one backlot development
shall be permitted;
- Council shall be satisfied that the backlot development will not detract or
restrict other types of development on adjacent lands;
- Approval of any backlot development shall not affect the legal conformity
of any existing lots;
- To ensure that Council can meet its responsibility for public safety and
emergency access, the dwelling on a backlot shall be a minimum of 32
metres and a maximum of 100 metres from a public street.
- Standards for backlot development shall be established in the Witless Bay
Development Regulations.
12. Open Space Requirements
The provision for open space within a residential subdivision development shall
be the responsibility of the developer, and if required by Council, shall dedicate a
minimum of 10 % of suitable land in new residential areas for recreational open
space or alternatively, Council may as an alternative require the developer to pay
a sum of money equal to 10 % of the assessed value of the area of land prior to
any development of the subdivision.
3.2.2.1.
MIXED USE
%Ur
Municipal Plan 2013-2023
Town of Witless Bay
Page 39
A mixture of different kinds of development may be found along the Southern
Shore Highway, Route 10, and consists predominantly of residential uses
interspersed with businesses, light industry and public buildings. Such areas are
placed under the Mixed Use designation. This designation shall ensure that a
viable combination of compatible uses can co-exist with the predominantly
residential development. Areas designated Mixed Use are intended for the
continuation of a traditional mix of land uses.
It is the intention of Council to permit this form of development to continue while
ensuring amenity and safety between the different land uses in the Mixed Use
land use designation. The Mixed Use area is designated on the Future Land Use
map and applies to various locations along both sides of the Southern Shore
Highway. The following policies will guide the growth and development of the
Mixed Development areas.
Mixed Use Polices:
1.
Land Use
Within the Mixed Use area, single dwellings, recreation open space and
conservation shall be permitted. Other uses may be permitted such as double
dwelling, row dwelling, apartment building, boarding house residential, collective
residential, commercial residential, cultural and civic, child care, home based
business, home for the aged, medical, personal and professional services, office,
general assembly, passenger assembly, club and lodge, funeral home, place or
worship, education, indoor assembly, communications, taxi stand, police station,
antenna, convenience store, shop, outdoor market, catering (restaurant and take-
out food service), general service, service station and light industry may be
permitted throughout the area under the discretion of the Council provided they
Municipal Plan 2013-2023
Town of Witless Bay
Page 40
are compatible with the residential character of the area and do not cause a
nuisance by virtue of excessive noise, dust, odour, increased traffic or hours of
operation.
2.
Site Plans
Council may require the developer to provide a comprehensive site plan for any
proposed developments, indicating building locations, delivery areas, parking
spaces, access, landscaping and buffer areas, and where other development
components are to be located. In assessing proposals, Council shall be primarily
concerned with aesthetic factors, scale and conformity with the desired character
of the area, and compatibility with other land uses in the vicinity, in particular any
residential development.
3.
Adverse effects
Adverse effects of any proposed development on adjacent residential uses shall
be prevented or minimized through proper site layout, scale of development, and
buffering. The type of buffer that may be required is subject to the site specifics
of the particular proposed development.
4.
Access to Street
Access points to the public street shall be limited in number and properly
designed, in order to keep the street safe and efficient for both vehicles and
pedestrians.
Municipal Plan 2013-2023
Town of Witless Bay
Page 41
5.
Parking
Adequate off-street parking and loading facilities shall be provided for any non
residential development.
6.
Office Use
Office use may be permitted as a home based business. The office use, if
located within the home, shall be subsidiary to the residential use. The office use
may be located in an accessory building on the same lot as the residence. There
shall be no open storage of materials, equipment or products, and the use does
not adversely affect the residential quality of the area through increased traffic,
noise, unsightly premises, and similar considerations. Provisions for parking
shall meet the standards as prescribed by Council.
7.
Boarding House Residential
Boarding House Residential uses such as Bed and Breakfast operations shall not
adversely affect the residential quality of the area through excessive traffic,
noise, or parking of an excessive number of vehicles.
8.
Medical Treatment and Special Care
Municipal Plan 2013-2023
Town of Witless Bay
Page 42
Medical Treatment and Special Care may be permitted provided they are limited
to only homes for the aged for residence for seniors, and adequate pedestrian
and vehicular access and parking can be provided. The size and scale of the
development shall be reviewed by the Council in any decision to permit this form
of development within a residential area.
9.
Childcare
Group or Family Childcare use shall not adversely affect the residential quality of
an area through excessive traffic, noise, or similar considerations that may be
associated with the business. Group or Family Childcare business shall operate
in accordance with provincial Child Care Services Act and all applicable
Regulations.
10.
General Services and Light Industrial Uses
General services uses and light industrial uses shall be small scale uses such as
small workshops, laundromat and warehouses. The use shall be carried out in a
separate building from any residence. There shall be no outdoor storage of
equipment or materials. Activities associated with the use shall not be hazardous
and shall not create a nuisance by reason of noticeable noise, odour, dust or
flames, or result in electrical interference.
Municipal Plan 2013-2023
Town of Witless Bay
Page 43
3.2.3
COMMERCIAL
Commercial designation is applied to concentrations of retail, restaurants, service
and office uses. Often significant cultural and entertainment facilities are located
in commercial areas.
Generally, the most appropriate areas for such
development are along main transportation routes, exposed to traffic. Because
these types of uses generate a considerable amount of traffic, local roads and
residential areas are generally unsuitable for them. Over the past couple of
decades, most commercial development has occurred along the Southern Shore
Highway in Witless Bay. Further consolidation and development of land fronting
along the Southern Shore Highway for commercial development is to be
encouraged.
Small-scale local and personal-service commercial uses may be permitted within
residential areas (see the Residential policies). Commercial uses may also be
permitted within the Mixed Use designation. Retail and service commercial uses
which serve residents beyond the neighbourhood are intended to be located
primarily along the Southern Shore Highway.
Commercial Policies:
1. Land Use
The Commercial designation includes various sites on both sides of the Southern
Shore Highway. Land designated Commercial shall be developed primarily for
such commercial uses such as retail and service activities oriented toward
highway users. The permitted uses shall include catering, office, medical and
professional, personal service, shop, and convenience store passenger
assembly (all use classes), business and personal service (all use classes),
Municipal Plan 2013-2023
Town of Witless Bay
Page 44
commercial residential, service station, cultural civic and shop, outdoor
assembly, mercantile (all use classes), light industry, and general industry. Other
compatible uses that may be permitted include clubs and lodges, amusement,
taxi stand, police station, funeral home, indoor market, office, general services,
veterinary, antenna, and recreational open space.
2.
Light Industry
Light industry uses may also be permitted where it does not have a negative
impact on surrounding development. Light industry uses shall be non-offensive
and non-hazardous such as manufacturing, enclosed storage and warehousing,
wholesaling and service industries. Commercial Highway zones are intended for
large scale commercial and industrial development, and commercial uses that
may cater to highway traffic.
3.
Open Storage
No open storage shall be permitted in the front or side yards of any commercial
or industrial property. Property owners will be required to keep their premises
well maintained and tidy.
4.
Offensive Uses
Commercial uses that are judged incompatible with the surrounding
developments through excessive emissions of noise, smell, chemicals or other
"sr
Municipal Plan 2013-2023
Town of Witless Bay
Page 45
pollutants, shall not be permitted. Property owners with unsightly uses shall be
required to store their materials inside and keep their premises well maintained
and tidy. Any development that requires outside storage shall be required to
maintain the property in a high standard of appearance.
5.
Parking
Adequate off street parking, loading and safe access to the street shall be
provided. Parking shall meet requirements as outline in Schedule D of the
Town's Development Regulations.
6.
Buffers
Proper site layout and buffering shall be used to prevent or minimize the adverse
effects of any commercial development on adjacent residential uses.
7.
Access to Street
Access points to the public street shall be limited in number and properly
designed, in order to keep the street safe and efficient for both vehicles and
pedestrians.
3.2.4
INDUSTRIAL
The Industrial designation includes a site to the rear of the Town Hall, off the
Municipal Plan 2013-2023
Town of Witless Bay
Page 46
Southern Shore Highway and the site of the fish plant on Harbour Road.
Wherever industrial areas abut residential or other types of uses, screening or
restriction on the type of industrial activity may be desirable.
Similar to
commercial uses, most of the small scale industrial land uses are intermingled
with existing residences.
The following policies will guide the growth and development of the Industrial
areas.
Industrial Policies:
1.
Land Use
Land designated Industrial shall be developed primarily for industrial uses such
as general industries, general services and light industries. Permitted industrial
uses shall be compatible with neighbouring residential uses in terms of noise,
dust, glare, vibration, smell, traffic, and related factors.
Other uses that may be permitted include office, communications, service station,
general services, antenna, shop and transportation provided they are directly
related to an industrial enterprise. Hazardous industry uses such as scrap yards
shall not be permitted.
Uses that are complementary to industrial uses such as educational, passenger
assembly and catering may only be considered where the use is part of an
industrial operation.
Municipal Plan 2013-2023
Town of Witless Bay
Page 47
2. Location
Industrial activity shall be located in areas of the Town that are suitable for such
forms of development. Along with the two present industrial locations, a site
located on the north side of the Witless Bay Line has been identified for future
industrial expansion.
3. Environmental Concerns
Tanks or apparatus connected with the storage of fuel shall be required to
provide adequate containment and dykes. Council shall require that all fuel
storage tanks greater than 2500 litres be approved and inspected regularly by
the Service NL. Council shall require the siting of fuel storage tanks within the
industrial designations in a manner that will not adversely affect the amenities or
safety of the adjoining properties.
Any fuel storage tanks proposed for removal shall require compliance with the
Pollution Prevention Division, Department of Environment and Conservation and
Service NL. Environmental Audits may be required prior to site remediation to
determine the presence of hydro-carbons in surrounding soils.
4.
Restricted Development
Industrial uses that are determined to be incompatible with the natural
environment or nearby development through excessive emissions of noise,
S
'Mr Municipal Plan 2013-2023
Town of Witless Bay
Page 48
smell, chemicals or other pollutants, shall not be permitted.
5.
Open Storage
Property owners with unsightly uses will be required to store their materials in the
rear yard. Scrap yards and similar uses will be screened from view of the road by
high fences or some other form of buffer as required by Council. Screening and
buffering using fences or trees may be required in order to preserve an attractive
appearance. Proper site layout and buffering shall be used to prevent or
minimize the adverse effects of any proposed development on adjacent
residential uses.
6.
Parking
Adequate off street parking, loading and safe access to the street shall be
MP'
provided. Parking shall meet requirements as outline in Schedule D of the
Town's Development Regulations.
7.
Access to Street
Access points to the public street shall be limited in number and properly
designed, in order to keep the street safe and efficient for both vehicles and
pedestrians.
3.2.5 PUBLIC USE
-
Municipal Plan 2013-2023
Town of Witless Bay
Page 49
S
Land designated Public Use shall include government, church, educational and
other uses for general or limited public access. A number of sites in Witless Bay
are designated as Public Use. Facilities required to deliver municipal services to
residents, such as the Town Hall an Fire Hall, are also within the intent of this
designation.
Policies:
1.
Land Use
Lands are designated Public Use to permit their general or limited use by the
residents of Witless Bay. Within the Public Use designation, the predominant
use of land shall be for community-oriented facilities such as schools, places of
worship, child care, government offices, municipal buildings, recreation buildings,
and their accessory uses.
Complementary uses may be permitted, provided that they will not conflict with
the satisfactory operation of existing facilities or the future development of public
uses. The complementary uses may include recreational open space such as
parks and playing fields, office, indoor assembly, outdoor assembly, catering,
and homes for the aged.
2.
Compatibility with Residential Uses
Municipal Plan 2013-2023
Town of Witless Bay
Page 50
The development and operation of new facilities and buildings for public use will
not impose adverse effects on adjacent residential areas in terms of traffic, noise,
and hours of operation.
3.
Location
Public buildings and uses are encouraged to locate in the central part of the
community and within easy walking distance of most residents.
4.
Access
Access points to the public street shall be limited in number and properly
designed, in order to keep the street safe and efficient for both vehicles and
pedestrians.
5.
Parking
Adequate off-street parking and loading facilities shall be provided.
3.2.6 Conservation
Land designated as Conservation uses are intended to protect certain lands
within the Town which by reason of their intrinsic character, are sensitive,
vulnerable, or ecologically significant, or have natural or recreation values. They
include wetlands, watercourses, bodies of water, shoreline frontages, steep cliffs,
as well as, open natural spaces such as woodlands, green belts, buffers, natural
trails, areas of scenic attraction for public enjoyment, etc.
Municipal Plan 2013-2023
Town of Witless Bay
Page 51
Certain lands should be preserved from development because of dangerous or
unstable surface conditions, or to provide for recreational and conservation
purposes. Scenic areas, landmarks and historic sites should also be preserved
against urban development. It is also essential that all the visual amenities and
areas unsuitable for development within the community such as shorelines, flood
plains, water supply areas, steep slopes, rock outcrops and small streams are
preserved and retained in their natural state. This can add to the open space
system, complement the urban development and serve to meet additional needs
of the community. Cemeteries are also included under this category.
Conservation Policies:
1.
Land Uses
The Conservation designation shall protect and conserve environmentally
sensitive and important lands from adverse development. No permanent
buildings or structures shall be permitted on lands designated for Conservation
uses, except those necessary for environmental protection (e.g., for erosion
control).
The permitted uses shall include recreation, open space, and cemetery. Other
compatible uses that may be permitted include agriculture, forestry,
transportation and antenna.
2. Conservation Buffer Waterbodies
-
-
Municipal Plan 2013-2023
Town of Witless Bay
Page 52
Along the shoreline of all water bodies and water ways, a conservation buffer
area shall be established which includes all land within 15 metres of the high
water mark along shoreline. Proposed developments affecting water bodies or
watercourses, such as stream crossings, watercourse alterations, and other
public works, may be permitted in limited circumstances where it can be
demonstrated the proposed use will have a minimal adverse impact. The
number and size of such activities shall be limited in numbers. Any such
proposed development shall be referred for review and approval to the
Department of Environment and Conservation, and the Department of Fisheries
and Oceans, and any other relevant agencies before Council issues any permits
for development.
3.
Trail Development
The development of passive recreation uses such as the East Coast Trail,
walking or nature trails, and associated interpretation programs may be permitted
provided they will not have an adverse impact on the natural environment.
4.
Preservation of Natural landscape
It is also essential that all the visual amenities and undevelopable areas such as
the shoreline, rivers, brooks, streams, flood plains, steep slopes, and rock
outcrops are preserved and retained in their natural state. This can add to the
open space system and complement the rural development patterns. Areas of
scenic attraction and with recreational potential shall be preserved and protected.
5.
Excessive Slope
Municipal Plan 2013-2023
Town of Witless Bay
Page 53
Extensive areas of land having slopes in excess of 15 percent are designated
Conservation. Development is not considered feasible on such slopes because
of excessive runoff and erosion and high costs to install and maintain services,
and risk to public safety.
3.2.7 OPEN SPACE RECREATION
The intent of this Plan is to designate lands used for active and passive
recreation to meet the needs of Witless Bay residents and visitors. Passive
recreational uses such as walking trails may be permitted, provided that they will
have no adverse effect on the site.
Policies:
1.
Land Uses
Permitted uses include recreation parks, linear trail systems, walking trails for
pedestrians and cross-country skiers in winter shall be permitted.
Indoor
assembly uses (recreation facilities) such as a recreation centre and outdoor
facilities such as sports fields, community festival areas, and picnic and day use
parks shall also be permitted.
S
IS
Municipal Plan 2013-2023
Town of Witless Bay
Page 54
MOW
Other uses that may be included within this designation are outdoor assembly;
cultural and civic, catering (take-out food service); child care, agriculture; forestry;
general industry, light industry, transportation, and antenna.
2.
Effects Surrounding Property
Development and operation of recreation facilities shall not impose adverse
effects on adjacent residential and other uses in terms of noise, traffic and hours
of operation.
3.
Recreation Uses
"a,
Additional recreation facilities shall be provided in areas where they are needed
and when the Town's financial resources permit. Since most of the regional and
local recreational facilities are less accessible to the older age groups, the
provision of additional facilities will give special consideration to these groups.
4.
Town Recreation Facilities
Existing recreational facilities owned by the Town shall be properly equipped and
maintained. Witless Bay has a softball field, a multi-purpose court, outdoor
swimming pool and a playground. New playgrounds and recreation areas will be
developed by both land developers and the Council to meet the future
recreational needs of the community.
5.
Trail Development
Municipal Plan 2013-2023
Town of Witless Bay
Page 55
The development of passive recreation facilities such as walking or nature trails,
and associated interpretation programs may be permitted provided they will not
have an adverse impact on the natural environment and residential properties.
3.2.8 WATERSHED
The purpose of the Watershed zone is to protect a portion of the St. John's
Regional Water Supply Area that extents just inside the Towns Planning Area
Boundary near Long Pond, in the vicinity of the old Witless Bay Line at Peirre's
Brook. No development shall be permitted within this area to ensure the
protection of the water quality. Passive recreation uses may be permitted
provided they have no negative impacts on the watershed.
3.2.9 Rural
The remaining lands within the Witless Bay Planning Area are designated Rural
and are intended to be used primarily for rural resource and open space uses.
Uses such as public utilities or road construction and maintenance, consistent
with the objective of retaining the qualities of the rural environment, may be
permitted.
Rural Policies:
1. Land Uses
The uses permitted in the designated Rural areas include agricultural, forestry,
outdoor recreation and conservation uses, provided these uses do not detract
from the rural character of the area.
Municipal Plan 2013-2023
Town of Witless Bay
Page 56
S
2.
Discretionary Uses
Uses that may be allowed at the discretion of Council include outdoor assembly,
single dwelling, veterinary, outdoor market, general industry, mineral working,
cemetery, animal, and antenna. This will apply particularly to uses that need to
be located close to resources or for some other reason cannot be located close
to the built up areas of the Town.
3.
Residential Use
Single residential dwelling use may only be permitted in conjunction with a
permitted use such as forestry or agriculture.
4.
Mineral Working
New mineral workings shall be prohibited in the planning area. Existing mineral
workings shall include the extraction, exploration, processing or storage of
gravel, sand, rock or any other mined material, concrete and asphalt making,
rock crushing, quarrying, sand and gravel pits and other types of mining in
general. Aggregate extraction may be permitted at the discretion of Council. All
but very small scale mineral workings and related activities shall be prohibited
within general view of roads and developed areas and development of new
mineral workings activity at any location in the Planning Area shall not be
permitted where it would create a negative impact on visual amenities as
determined by Council. Council shall ensure that aggregate mining will have
minimal impact upon adjoining land uses, particularly the visibility of gravel pits.
Buffering and screening may be required to minimize dust and noise. Open pits
shall be rehabilitated by the operator prior to abandonment.
Municipal Plan 2013-2023
Town of Witless Bay
Page 57
Mineral extraction operations shall be conducted in a manner which shall
minimize the adverse effects on water quality, fish and wildlife. All mineral
operations will be required to complete a site rehabilitation plan as a part of the
development application. Council shall not permit other development activities
within 150 m of existing quarry operations that may jeopardize their operation or
future expansion. Proposed operations shall be evaluated in conjunction with the
Department of Natural Resources and the Department of Environment and
Conservation.
5.
Rural Industry
Rural industry may be permitted under discretion of Council where it is
demonstrated that a rural rather than urban location is necessary or desired for
the development of the industry, and where it will have no detrimental affect on
adjacent uses or the rural and scenic environment.
6.
Cottage Development
To prevent premature urban expansion and demand for services in rural areas,
cottage development shall not be permitted in the Rural area.
7.
Forestry
Municipal Plan 2013-2023
Town of Witless Bay
Page 58
IOW
The Rural area contains forests which provide a long-term domestic wood
supply, recreational opportunities, and wildlife habitat. It is important that this
resource be well managed. This Plan will support initiatives of the Department of
Natural Resources to manage the forests for continued use by the public during
and beyond the planning period.
4.0 IMPLEMENTATION
The Municipal Plan will be implemented over the ten-year planning period through the
decisions of Council and agencies such as the Department Transportation and Works,
Department of Natural Resources, Department of Municipal Affairs and the Department
of Environment and Conservation. Of particular importance to Council are the following:
- Effective administration of the Plan;
- The adoption of a five year capital works budget;
- adopting Land Use Zoning, Advertisement and Development Regulations
- adopting Development Schemes and plans of subdivision, and
- The procedure for considering future Amendments to the Plan.
4.1 Plan Administration
Municipal Plan 2013-2023
Town of Witless Bay
Page 59
For the purposes of administering the Plan, the Future Land Use Maps shall be
read only in conjunction with the Goals, Objectives and Policies outlined in this
document. All development applications will be carefully evaluated as to their
conformity to the Plan. The full conformity of all proposals to the Plan shall be
required by Council.
The boundaries between land uses designations are meant to be general, except
where they coincide with roads or other prominent physical features, where they
are intended to define the exact limits. It is intended that no amendment to this
Plan shall be required to permit minor adjustments to these boundaries. Other
than such minor changes, no development shall be permitted that does not
conform to this Plan.
All persons wishing to develop land for any purpose within the Witless Bay
Municipal Planning Area shall apply to Council for permission through the
established procedure. Council may approve applications with or without
conditions. The appeal of all Council decisions to the Regional Appeal Board
shall be permitted.
Prior to the major development of land within the Planning Area, a development
agreement may be required, which will be signed by both the developer and the
Council. This agreement shall establish the conditions under which development
may proceed and shall be binding to both parties. Conditions governing
developments may also be enforced by being attached to the development
permit.
Nothing in this Plan shall affect the continuance of land uses which are lawfully
established on the date that the Plan is adopted by Council.
4.2 Plan Implementation
Municipal Plan 2013-2023
Town of Witless Bay
Page 60
The preparation, adoption and approval of the Witless Bay Municipal Plan
represent only a part of the planning process. The Plan cannot implement itself
and can be functional and effective only through Council's actions and efforts to
carry it out.
In order to implement this Plan, Council must take the necessary action, as
required by the Urban and Rural Planning Act, 2000 as outlined below:
- control future development by enforcing the Witless Bay Development
Regulations and the policies of this Plan;
- undertake the capital works program on a progressive basis geared to the
available resources of the community and financial assistance from the
provincial government;
- make necessary amendments to the Plan if conditions of the community
change, and
- Undertake a review of the Plan every five years.
4.3 Development Regulations
To implement this Plan, Council shall prepare and adopt Development (Land Use
Zoning, Subdivision and Advertisement) Regulations on the basis of this Plan.
These regulations are intended for Council's control over future use of land and
development within the Planning Area and they outline land use zoning,
development standards and application procedures necessary to implement this
Plan.
4.4 Development Control
Municipal Plan 2013-2023
Town of Witless Bay
Page 61
The Plan is a legal document which is binding upon all persons, groups, or
organizations, including the municipal Council. Council shall exercise proper
control over development within the Planning Area in accordance with this Plan
and the Development (Land Use Zoning, Subdivision and Advertisement)
Regulations.
All persons wishing to develop land for any purpose within the Planning Area
shall apply to Council for permission on the prescribed application form(s) and
shall submit a detailed plot/sketch plan of the proposal indicating the location and
dimensions of the land and of the development. Council shall examine the
application on the basis of the Development Regulations, which reflect the policy
of this Plan, may approve the application, approve it with conditions, or refuse it.
An applicant who receives a refusal decision from Council on a development
application may appeal that decision to the Eastern Regional Appeal Board.
Development in areas under the control of Council as well as other government
departments will be referred to the concerned departments for review.
4.5 Public Works and Municipal Services
In order to properly implement the goals and objectives of the Plan, an annual
public works program will be adopted and implemented by Council. This will
include a financial overview and preparation of a "Financial Evaluation for
Municipal Capital Works Projects" which outlines proposed capital works to be
undertaken by Council over a seven year period, subject to the availability of
government funding.
lair Municipal Plan 2013-2023
Town of Witless Bay
Page 62
The Town of Witless Bay provides the usual municipal services (road
construction and maintenance, snow clearing, street lighting, garbage collection,
volunteer fire brigade and recreational sites.
The Town's major service
expenditures are road construction and re-surfacing.
law Municipal Plan 2013-2023
Witless Bay Municipal Plan 2013-2023
Page 1
NEWFOUNDLAND REGULATION 3/01
Development Regulations under the Urban and Rural Planning Act, 2000.
(Filed January 2. 2001)
Under the authority of section 36 of the Urban and Rural Planning Act, 2000, I make the
following regulations.
Dated at St. John's, January 2, 2001.
Minister of Municipal and Provincial Affairs
REGULATIONS
Analysis
1. Short title
2. Definitions
3. Application
4. Interpretation
5. Notice of right to appeal
6. Appeal requirements
7. Appeal registration
8. Development prohibited
9. Hearing notice and meetings
10. Hearing of evidence
11. Board decision
12. Variances
13. Notice of variance
14. Residential non conformity
15. Notice and hearings on change of use
16. Non-conformance with standards
17. Discontinuance of non-conforming use
18. Delegation of powers
19. Commencement
Minister's Development Regulations 2001
Witless Bay Municipal Plan 2013-2023
Page 2
1. Short title
These regulations may be cited as the Development Regulations.
2. Definitions
In these regulations,
(a)
"Act", unless the context indicate otherwise, means the Urban and Rural Planning
Act, 2000;
(b)
"applicant" means a person who has applied to an authority for an approval or
permit to carry out a development;
(c)
"authority" means a council, authorized administrator or regional authority; and
(d)
"development regulations" means these regulations and regulations and by-laws
respecting development that have been enacted by the relevant authority.
3. Application
(1)
These regulations shall be included in the development regulations of an authority
and shall apply to all planning areas.
(2)
Where there is a conflict between these regulations and development regulations
or other regulations of an authority, these regulations shall apply.
(3)
Where another Act of the province provides a right of appeal to the board, these
regulations shall apply to that appeal.
4. Interpretation
(1)
In development regulations and other regulations made with respect to a planning
area the following terms shall have the meanings indicated in this section
(a)
"access" means a way used or intended to be used by vehicles, pedestrians
or animals in order to go from a street to adjacent or nearby land or to go
from that land to the street;
(b)
"accessory building" includes
(i)
a detached subordinate building not used as a dwelling, located on
the same lot as the main building to which it is an accessory and
which has a use that is customarily incidental or complementary to
the main use of the building or land,
Minister's Development Regulations 2001
Witless Bay Municipal Plan 2013-2023
Page 3
(ii)
for residential uses, domestic garages, carports, ramps, sheds,
swimming pools, greenhouses, cold frames, fuel sheds, vegetables
storage cellars, shelters for domestic pets or radio and television
antennae,
(iii)
for commercial uses, workshops or garages, and
(iv)
for industrial uses, garages, offices, raised ramps and docks;
(c)
"accessory use" means a use that is subsidiary to a permitted or
discretionary use and that is customarily expected to occur with the
permitted or discretionary use;
(d)
"building height" means the vertical distance, measured in metres from the
established grade to the
highest point of the roof surface of a flat roof,
(ii)
deck line of a mansard roof, and
(iii)
mean height level between the eave and the ridge of a gable, hip or
gambrel roof, and in any case, a building height shall not include
mechanical structure, smokestacks, steeples and purely ornamental
structures above a roof;
(e)
"building line" means a line established by an authority that runs parallel
to a street line and is set at the closest point to a street that a building may
be placed;
(f)
"discretionary use" means a use that is listed within the discretionary use
classes established in the use zone tables of an authority"s development
regulations;
(g)
"established grade" means,
where used in reference to a building, the average elevation of the
finished surface of the ground where it meets the exterior or the
front of that building exclusive of any artificial embankment or
entrenchment, or
(ii)
where used in reference to a structure that is not a building, the
average elevation of the finished grade of the ground immediately
surrounding the structure, exclusive of any artificial embankment
or entrenchment;
(h)
"floor area" means the total area of all floors in a building measured to the
outside face of exterior walls;
"frontage" means the horizontal distance between side lot lines measured
at the building line;
(j)
"lot" means a plot, tract or parcel of land which can be considered as a unit
of land for a particular use or building;
Minister's Development Regulations 2001
Witless Bay Municipal Plan 2013-2023
Page 4
(k)
"lot area" means the total horizontal area within the lines of the lot;
(I)
"lot coverage" means the combined area of all building on a lot measured
at the level of the lowest floor above the established grade and expressed
as a percentage of the total area of the lot;
(m)
"non-conforming use" means a legally existing use that is
not .listed as a permitted or discretionary use for the use zone in which it is
located or which does not meet the development standards for that use
zone;
(n)
"owner" means a person or an organization of persons owning or having
the legal right to use the land under consideration;
(o)
"permitted use" means a use that is listed within the permitted use classes
set out in the use zone tables of an authority"s development regulations;
(p)
"prohibited use" means a use that is not listed in a use zone within the
permitted use classes or discretionary use classes or a use that an authority
specifies as not permitted within a use zone;
(q)
"sign" means a word, letter, model, placard, board, device or
representation, whether illuminated or not, in the nature of or employed
wholly or in part for the purpose of advertisement, announcement or
direction and excludes those things employed wholly as a memorial,
advertisements of local government, utilities and boarding or similar
structures used for the display of advertisements;
(r)
"rear yard depth" means the distance between the rear lot line and the rear
wall of the main building on a lot;
(s)
"side yard depth" means the distance between the side lot line and the
nearest side wall of a building on the lot;
(t)
"street" means a street, road, highway or other way designed for the
passage of vehicles and pedestrians and which is accessible by fire
department and other emergency vehicles;
(u)
"street line" means the edge of a street reservation as defined by the
authority having jurisdiction;
(v)
"use" means a building or activity situated on a lot or a development
permitted on a lot;
(w)
"use zone" or "zone" means an area of land including buildings and water
designated on the zoning map to which the uses, standards and conditions
of a particular use zone table apply;
(x)
"variance" means a departure, to a maximum of 10% from the yard, area,
lot coverage, setback, size, height, frontage or any other numeric
requirement of the applicable Use Zone Table of the authority"s
regulations; and
Minister's Development Regulations 2001
Witless Bay Municipal Plan 2013-2023
Page 5
(y)
"zoning map" means the map or maps attached to and forming a part of
the authority" s regulations.
(2)
An authority may, in its discretion, determine the uses that may or may not be
developed in a use zone and those uses shall be listed in the authority"s
regulations as discretionary, permitted or prohibited uses for that area.
5. Notice of right to appeal
Where an authority makes a decision that may be appealed under section 42 of the Act,
that authority shall, in writing, at the time of making that decision, notify the person to
whom the decision applies of the
(y)
person" s right to appeal the decision to the board;
(b)
time by which an appeal is to be made;
(c)
right of other interested persons to appeal the decision; and
(d)
manner of making an appeal and the address for the filing of the appeal.
6. Appeal requirements
(I)
The secretary of the board at the Department of Municipal and Provincial Affairs,
Main Floor, Confederation Building (West Block), P.O. Box 8700, St. John"s,
Nfld., A 1 B 4J6 is the secretary to all boards in the province and an appeal filed
with that secretary within the time period referred to in subsection 42(4) of the
Act shall be considered to have been filed with the appropriate board.
(2)
Notwithstanding subsection (1), where the City of Corner Brook, City of Mount
Pearl or City of St. John" s appoints an appeal board under subsection 40(2) of the
Act, an appeal shall be filed with the secretary of that appointed board.
(3)
The fee required under section 44 of the Act shall be paid to the board that hears
the decision being appealed by filing it with the secretary referred to in subsection
(1) or (2) within the 14 days referred to in subsection 42(4) of the Act.
(4)
The board that hears the decision being appealed shall, subject to subsection 44(3)
of the Act, retain the fee paid to the board.
(5)
Where an appeal of a decision and the required fee is not received by a board in
accordance with this section and Part VI of the Act, the right to appeal that
decision shall be considered to have been forfeited.
Minister's Development Regulations 2001
Witless Bay Municipal Plan 2013-2023
Page 6
7. Appeal registration
(1)
Upon receipt of an appeal and fee as required under the Act and these regulations,
the secretary of the board as referred to in subsections 6(1) and (2), shall
immediately register the appeal.
(2)
Where an appeal has been registered the secretary of the board shall notify the
appropriate authority of the appeal and shall provide to the authority a copy of the
appeal and the documentation related to the appeal.
(3)
Where an authority has been notified of an appeal that authority shall forward to
the appropriate board a copy of the application being appealed, all
correspondence, council minutes, plans and other relevant information relating to
the appeal including the names and addresses of the applicant and other interested
persons of whom the authority has knowledge.
(4)
Upon receipt of the information under subsection (3), the secretary of the board
shall publish in a newspaper circulated in the area of the appropriate authority, a
notice that the appeal has been registered.
(5)
A notice published under subsection (4) shall be published not fewer than 2 weeks
before the date upon which the appeal is to be heard by the board.
8. Development prohibited
(1)
Immediately upon notice of the registration of an appeal the appropriate authority
shall ensure that any development upon the property that is the subject of the
appeal ceases.
(2)
Sections 102 and 104 of the Act apply to an authority acting under subsection (1).
(3)
Upon receipt of a notification of the registration of an appeal with respect to an
order under section 102 of the Act, an authority shall not carry out work related to
the matter being appealed.
9. Hearing notice and meetings
(1)
A board shall notify the appellant, applicant, authority and other persons affected
by the subject of an appeal of the date, time and place for the appeal not fewer
than 7 days before the date scheduled for the hearing of the appeal.
(2)
A board may meet as often as is necessary to conduct its work in an expeditious
manner.
Minister's Development Regulations 2001
Witless Bay Municipal Plan 2013-2023
Page 7
10. Hearing of evidence
(1)
A board shall meet at a place within the area under its jurisdiction and the
appellant and other persons notified under subsection 9(1) or their representative
may appear before the board and make representations with respect to the matter
being appealed.
(2)
A board shall hear an appeal in accordance with section 43 of the Act and these
regulations.
(3)
A written report submitted under subsection 43(2) of the Act respecting a visit to
and viewing of a property shall be considered to have been provided in the same
manner as evidence directly provided at the hearing of the board.
(4)
In the conduct of an appeal hearing, the board is not bound by the rules of
evidence.
11. Board decision
A decision of the board must comply with the plan, scheme or development regulations
that apply to the matter that has been appealed to that board.
12. Variances
(1)
Where an approval or permit cannot be given by an authority because a proposed
development does not comply with development standards set out in development
regulations, an authority may, in its discretion, vary the applicable development
standards to a maximum of 10% if, in the authority"s opinion, compliance with
the development standards would prejudice the proper development of the land,
building or structure in question or would be contrary to public interest.
(2)
An authority shall not allow a variance from development standards set out in
development regulations if that variance, when considered together with other
variances made or to be made with respect to the same land, building or structure,
would have a cumulative effect that is greater than a 10% variance even though
the individual variances are separately no more than 10%.
(3)
An authority shall not permit a variance from development standards where the
proposed development would increase the non conformity of an existing
development.
Minister's Development Regulations 2001
Witless Bay Municipal Plan 2W 3-2023
Page 8
13. Notice of variance
Where an authority is to consider a proposed variance, that authority shall give written
notice of the proposed variance from development standards to all persons whose land is
in the immediate vicinity of the land that is the subject of the variance.
14. Residential non conformity
A residential building or structure referred to in paragraph 108(3)(g) of the Act must,
where being repaired or rebuilt, be repaired or rebuilt in accordance with the plan and
development regulations applicable to that building or structure.
15. Notice and hearings on change of use
Where considering a non conforming building, structure or development under paragraph
108(3)(d) of the Act and before making a decision to vary an existing use of that non-
conforming building, structure or development, an authority, at the applicant"s expense,
shall publish a notice in a newspaper circulating in the area or by other means give public
notice of an application to vary the existing use of a non-conforming building, structure
or development and shall consider any representations or submissions received in
response to that advertisement.
16. Non-conformance with standards
Where a building, structure or development does not meet the development standards
included in development regulations, the building, structure or development shall not be
expanded if the expansion would increase the non-conformity and an expansion must
comply with the development standards applicable to that building, structure or
development.
17. Discontinuance of non-conforming use
An authority may make development regulations providing for a greater period of time
than is provided under subsection 108(2) of the Act with respect to the time by which a
discontinued non-conforming use may resume operation.
Minister's Development Regulations 2001
Witless Bay Municipal Plan 2013-2023
Page 9
18. Delegation of powers
An authority shall, where designating employees to whom a power is to be delegated
under subsection 109(3) of the Act, make that designation in writing.
19. Commencement
These regulations shall be considered to have come into force on January 1, 2001.
Minister's Development Regulations 2001