York Harbour, Newfoundland and Labrador
· adopted 2021-11-19
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York Harbour Municipal Plan 202 1
Approved by Council I September 2021
TOWN of YORK HARBOUR
MUNICIPAL PLAN
2021
Approved by Council 1 September 2021
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York Harbour Municipal Plan 2021
Approved by Council I September 202 1
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York Harbour Municipal Plan 2021
Approved by Council I September 2021
Table of Contents
1.0 RESOLUTIONS TO ADOPT & APPROVE; MCIP CERTIFICATE ................................... 5
2.0 FOREWORD ........................................................................................................................... 9
2.1 Preparation and Approval .................................................................................................... 9
2.2 Review and Amendment ...................................................................................................... 9
2.3 Development Regulations ................................................................................................... 10
3.0 MUNICIPAL PLAN 2021--INTRODUCTION ................................................................... 11
3.1 Title and Components ........................................................................................................ 11
3.2 Legal Effect. ....................................................................................................................... 11
3.3 Purpose and Objective of the Municipal Plan .................................................................... 11
3.4 Municipal Planning Area ................................................................................................... 12
3.5 Administration ................................................................................................................... 12
4.0 KEY FACTORS AFFECTING PLANNING POLICIES .................................................... 13
4.1 History, Economy and Demography .................................................................................. 13
4.2 Settlement Pattern .............................................................................................................. 13
4.3 Infrastructure ...................................................................................................................... 14
4.4 Sensitive Lands and Adaptation to Effects of Climate Change ......................................... 15
4.5 Recreational Amenities ...................................................................................................... 15
5.0 DEVELOPMENT CONCEPT .............................................................................................. 17
6.0 MUNICIPAL PLAN POLICIES ............................................................................................ 19
6.1 Policies Devised by Council for Mixed Development Designation .................................. 20
6.2
Policies Included as Required by Provincial Government ........................................... 25
6.2.1 Natural Hazards to Building ....................................................................................... 25
6.2.2 Protection of the Natural Environment ....................................................................... 26
6.2.3
Forestry and Agricultural Development ................................................................... 28
6.2.4
Development and Signage Along Highway 450 ....................................................... 28
6.2.5 Removal of Quarry Materials ..................................................................................... 28
6.2.6 Archaeological Resources ........................................................................................... 29
6.2.7 Effects on Blow Me Down Provincial Park ................................................................ 30
6.2.8 Minerals, Mines and Petroleum Resources ................................................................. 30
7.0 IMPLEMENTATION ............................................................................................................ 31
7.1 Implementation Policies ..................................................................................................... 31
7.2 Public Input in Planning .................................................................................................... 32
7.3 Policies Extra to Municipal Plan for Information .............................................................. 33
8.0 INTERPRETATION .............................................................................................................. 34
8.1 Land Use, Boundaries, and Roads ..................................................................................... 34
8.2 Figures and Quantities Approximate ................................................................................. 34
APPENDIX A: PREPARATION AND APPROVAL ................................................................ 35
APPENDIX B: HISTORY, ECONOMY AND DEMOGRAPHY .............................................. 38
Future Land Use Map 1
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York Harbour Municipal Plan 202 1
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1.0 RESOLUTIONS TO ADOPT & APPROVE; MCIP CERTIFICATE
RESOLUTION TO ADOPT
Under the authority of Section 16 of the Urban and Rural Planning Act 2000, the Town Council
of York Harbour adopts the Municipal Plan 2021.
Resolved by the Town Council of York Harbour on the 19th day of July, 2021
Signed and sealed this \ L\ *"- day of SQ ~h .. ml) e f
, 2021.
(Council Seal)
Clerk:
MCIP Certificate
I certify that the attached Municipal Plan document has been prepared in accordance with the
requirements of the Urban and Rural Planning Act, 2000.
Member of e Canadian Institute of Planners
ng.,MCIP
Date a.I{ ~
/4~{,,_r
2021
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York Harbour Municipal Plan 2021
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York Harbour Municipal Plan 202 1
Approved by Council I September 202 1
RESOLUTION TO APPROVE
[resolution of Council to approve the Municipal Plan, following completion of the requirements of Sections I 8 to 22
inclusive of the Urban and Rural Planning Act, 2000]
Whereas the Council of the Town of York Harbour:
1. gave notice of the adoption of the said Municipal Plan 2021 , following special instructions of
the Department of Environment, Climate Change and Municipalities related to the COVID 19
pandemic, by means of a notice published in the West Coast Wire issue of28 July, 2021 , a
digital newspaper published by Saltwire and circulating in the municipal planning area, and
as well continually posted from 20 July, 2021 on the Town of York Harbour Facebook Page
and on the Town Hall public bulletin board, and from 21 July, 2021 on the public notice
board at Byrne's Store in York Harbour.
2. set the 31 st day of August, 2021 , at 3 :00 p.m., to be the deadline time and date for objections
and submissions to be received and for the holding of a public hearing to consider objections
and submissions.
3. appointed Mr. Kevin Simms to be the commissioner to conduct the public hearing.
4. received no objections or submissions by the deadline time and date, and subsequently
received a report dated the 31 st day of August, 2021 from the commissioner, who
recommended Council proceed with approval of the said Municipal Plan 2021, as released by
the Department of Municipal and Provincial Affairs.
Under the authority of Sections 16, 17, 18 and 23 of the Urban and Rural Planning Act 2000, the
Town Council of York Harbour approves the Municipal Plan 2021.
Resolved by the Town Council of York Harbour on the 1st day of September, 2021.
Clerk:
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York Harbour Municipal Plan 2021
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2.0 FOREWORD
The purpose of this Foreword is to set out explanations of the processes of preparation, approval,
later reviews and amendments, and, the role of the accompanying Development Regulations
2021. The substance of the Municipal Plan 2021 is set out in Sections 3.0 through 8.0 inclusive.
2. 1 Preparation and Approval
A description of the procedures involved in preparation and approval of the Municipal Plan
2021, pursuant to sections 15 through 24 of the Urban and Rural Planning Act 2000 in order for
it to gain full legal effect, is found in Appendix A. Subsequent reviews and amendments are
anticipated.
At an early stage in the process, a public consultation program was carried out in the form of a
public meeting. The meeting was advertised by posting a notice in the community and on
Council's Facebook social media. At that point, a preliminary draft of the Municipal Plan and
Development Regulations had been prepared for presentation and discussion. The meeting was
held on 3 October, 2018, at the end of which a call for submissions from interested people was
made. One submission was received and considered in the process of consideration and revision
which followed.
Following revisions made by Council and a preliminary review conducted by the Department of
Municipal and Provincial Affairs, the revised documents were publicized in the same way and in
the local digital newspaper, the West Coast Wire (the regular hardcopy newspaper was not being
published during the COVIDI 9 pandemic), for public viewing and comment during April and
May, 2021. Although several parties requested copies, no submissions were received by the
deadline date of28 May, 2021. The documents were then submitted to the said Department
without further revision, for their statutory review pursuant to Section 15 of the Urban and Rural
Planning Act 2000 and revised accordingly.
2.2 Review and Amendment
A Municipal Plan may be amended at any other time, in whole or in part, for reasons that may
have been unforeseeable at the time it had initially been drafted. Changing social and economic
circumstances or proposals for development may prompt ad hoc reviews and amendments. Any
such amendments must be consistent with the Municipal Plan as the amendments will be read
together with and become part of the Municipal Plan.
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2.3 Development Regulations
When a Municipal Plan comes into effect, Council is required to provide for its administration in
conjunction with Development Regulations. The Development Regulations are written in
conformity with the Municipal Plan in the form of land use zoning, subdivision, and
advertisement regulations.
Development Regulations must comply with the requirements of the Urban and Rural Planning
Act, 2000, and include standard Provincial Regulations which currently are in the form of
Newfoundland Regulation 3/01 made by the then Minister of Provincial and Municipal Affairs
and which came into force on January 1, 2001. Also, like a Municipal Plan, the Development
Regulations must include topics that are identified by the Department of Municipal and
Provincial Affairs as predominating provincial interests, whether or not Council agrees with their
requirements.
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York Harbour Municipal Plan 202 1
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3.0 MUNICIPAL PLAN 2021--INTRODUCTION
3. 1 Title and Components
This text and Future Land Use Map 1 accompanying it form the Municipal Plan 2021 for the
Town of York Harbour. It is the first Municipal Plan for the Town. It has been prepared in
accordance with the Urban and Rural Planning Act, 2000.
The document presents statements regarding the Council's intentions with respect to the location
and manner in which development within its Municipal Planning Area shall take place. The map
shows the Municipal Planning Area delineated as one or more land use designations. Within
each one only specified kinds of development may take place.
3. 2 Legal Effect
The Municipal Plan 2021 is a legal document, binding upon Council and any person or group
using or proposing to use land anywhere within the Municipal Planning Area. All development
must conform with the applicable policies of the Municipal Plan 2021 after the date upon which
it comes into effect.
3.3 Purpose and Objective of the Municipal Plan
A Municipal Plan guides growth and development within its municipal planning area. The
Municipal Plan provides appropriate policies which Council will observe together with the more
specific requirements of the Development Regulations as they evaluate development proposals
and as they formulate their own plans for civic works and programs. The policies themselves
provide the basis for the standards and conditions found in the Development Regulations.
The objective of Council 's policies is to preserve, enhance and expand development compatible
with and supportive of the community's fine quality of life as a family-oriented, rural residential
area, set in a beautiful natural environment, particularly to prevent problems that could occur if
conflicting land uses are developed too closely, and, to direct future growth so that any
municipal services and land resources are used most efficiently and so that certain aspects of
land development concerning safety, aesthetics, and environmental protection are given proper
consideration'.
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In this Section, official Municipal Plan, Council's development concept is set out in Section 5.0
and policies are set out in Section 6.0.
3.4 Municipal Planning Area
The territory subject to the Municipal Plan 2021 is that which is included within the boundaries
of the York Harbour municipal planning area, which coincide with the municipal boundary of
the Town of York Harbour, as shown on Future Land Use Map 1.
3.5 Administration
The day-to-day administration of a Municipal Plan and accompanying Development Regulations
may involve Council employee(s) if they are appointed by Council pursuant to Section l 09 of
the Urban and Rural Planning Act, 2000 to approve or reject applications to develop land and if
they are so appointed, to specify conditions applicable to the development.
Staff so appointed may also issue orders concerning a development, including to stop work or to
demolish construction and restore a site to its original condition, subject to confirmation by
majority vote of Counci II ors present at their next meeting (if not confirmed, the order is
cancelled).
Executive staff also have a professional duty to advise Council on planning matters generally
concerning developments in the Municipal Planning Area.
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York Harbour Municipal Plan 202 1
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4.0 KEY FACTORS AFFECTING PLANNING POLICIES
4.1 History, Economy and Demography
The background factors (geographic, historic, economic, and demographic) which influenced the
preparation of this Municipal Plan are described in Appendix B.
4.2 Settlement Pattern
The community lies in beautiful, mountainous terrain, and it has naturally developed on the more
easily developable, gently sloped terrace between the shoreline of Humber Arm and the foot of
the high hills to the south and west. The land form of the planning area is a fairly level terrace
running back from the shore a considerable distance in the centre of the community, running the
whole length of the community though pinching down to the shore east of Bluff Head. Running
back from the shore, the terrace ends where the Blow-Me-Down Mountains, Lewis Hills and
Virgin Hills rise sharply and dominate the landscape. The landscapes throughout the community
are well wooded, which together with the water views of the Bay of Islands present a very
attractive natural landscape.
Developing land in York Harbour faces some significant challenges, partly due to the settlement
pattern and infrastructure already in place by virtue of history, but also due to some very limiting
physical factors. The most critical factors affecting development in York Harbour are the
steepness of slopes ( except on the terrace) and limited opportunities for access for roads to
extend into the back lands.
The layout of the community can be seen on Map 1. The frontage of Highway 450 is compactly
developed in the central area, ie: between Bluff Head and the municipal boundary to the west.
As one goes to the east from Bluff Head, ie: toward Corner Brook, the potential for side roads
and for more houses fronting on Highway 450 becomes quite limited by steep topography.
In the core of the community, the few side streets are almost entirely occupied by residential
development. Much of the existing development is aligned along Highway 450. There are no
public roads leading up into the mountains above the community. There are no industrial or
public wharves along the shoreline, which is quite steep. An unusual feature is a narrow strip of
the Lark Harbour water supply watershed, located on the western boundary of the York Harbour
planning area.
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The settlement pattern has resulted in today's situation, in which there are only a limited number
of locations from which streets which could be extended into adjacent lands. Much of the area
which could be developed in the future lies to the southwest of Highway 450, in the deep terrace
lying behind the existing side streets. Maximizing road access to the terrace area is an extremely
important policy issue.
4.3 Infrastructure
The term "infrastructure" generally refers to the systems of providing for water supply and
treatment of wastewater which, together with roads, enable a community to function.
York Harbour is very fortunate to have ample supplies of groundwater to draw from both drilled
and dug wells, and the water is reported to be good quality. In the course of the planning
research, it was learned that some consideration had been given in the past to looking into the
feasibility of installing a central water supply and distribution system to serve some if not all of
the community, but decisions were made to not pursue the matter.
A number of instances exist in the community where two or more households or other
developments share a water source ( a wel I or impoundment of a watercourse), and operate the
system privately and cooperatively with no involvement of Council. The largest of these
supplies water to about forty consumers, mostly households, and the smallest are down in size to
a very few.
There was no suggestion during the research that the use of private on-site sewage disposal
systems (the familiar septic tank and disposal field) was causing any nuisance or public health
issues. The soils in the terrace evidently are capable of attenuating the wastewater produced
from septic tanks, through conventional disposal fields or alternative approved technologies.
As the community has good water resources and a well-established practice of using private
wells and sewage disposal systems satisfactorily, there is no good case to be made for installation
of central water and sewer systems. However, great care must be taken in ensuring proper
design and installation of both private water supply and sewage disposal systems, as there is a
risk of sewage contaminating wells and wells interfering with each other. Council will include a
policy in this Municipal Plan of supporting the regulations of the Province of Newfoundland and
Labrador so as to ensure that every water well and sewage disposal installation for a new
building is designed and built by qualified people, and thereafter that any suspicions of
malfunction are followed up.
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York Harbour Municipal Plan 202 1
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The other component of infrastructure has to do with streets. This Municipal Plan and the
Development Regulations will include detailed requirements and standards for new byroads.
4.4 Sensitive Lands and Adaptation to Effects of Climate Change
Good community planning must concern itself with measures to protect environmentally
sensitive lands and to cope with natural hazards. For many years, concerns about topics such as
geological stability, landslides, flooding, wetlands, mineral workings (pits and quarries, as well
as ore extraction and hydrocarbons), and coastal erosion have been evident. In recent years,
predictions of the effects of climate change have become clearer and measures are being taken in
forward looking communities to adapt to those which threaten the environment and human
settlements. A high priority topic concerning environmentally sensitive lands is development in
the vicinity of ( or in) water bodies. Though the federal government generally has jurisdiction
over ocean waters, management of inland waters are generally a matter of provincial jurisdiction.
To do with sea level rise, the current provincial government policy is that development (other
than wharves and such) must be located at least two metres above current sea level, and also not
on any known floodplains. Measures to address that and other matters, including geotechnical
assessments of proposals to build on steep slopes and proximity to water bodies, are included in
this Municipal Plan.
The provincial government requires specific measures on numerous of these topics to be
included in Municipal Plans and Development Regulations. Those requirements would apply in
any event to development applications, whether or not Council has a Municipal Plan and
Development Regulations.
4.5 Recreational Amenities
Great community effort has gradually built up recreational features and amenities in York
Harbour, using scarce resources. At present, public recreation and social meeting space facilities
include the playground and a large part of the Town Hall, which features a good quality meeting
room where social activities organized in the community are supported.
In the York Harbour area, the outdoors offers opportunities to enjoy a great system of hiking
trails. It is noteworthy that the trail system includes a trail passing by the former copper mine
works, and integration with trails in the Lark Harbour area. These outdoor opportunities are very
important to the healthy lifestyles of residents and visitors alike.
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A huge amount of work has been done by a volunteer organization called the Outer Bay of
Islands Enhancement Committee. Their good work in trail development, including good signage
and resting places, has provided the communities of York Harbour and Lark Harbour with high
quality outdoors activities coupled with commemorative and interpretive plaques which help
everyone appreciate the historic significance of sites and people.
In addition to the trails, the area benefits from the Blow-Me-Down Provincial Park, just outside
the Town's border toward Lark Harbour. It features its own trail system, as well as a number of
camp sites and an observation tower with a great view of the Bay of Islands.
The west coast as a whole abounds in natural beauty, in which the local waters of Humber Arm
are very well known and are a delight for those interested in activities on the water or just simply
for enjoying the beautiful scenes. Exploiting those opportunities requires community initiative
and leadership (and hard work).
Also, the community enjoys its own social activities, which are important to the sense of
community and wellbeing. Though those are not activities that are the direct responsibility of a
municipal Council, it is important that Councils provide at least moral support and other
assistance to the extent possible.
Finally, it is important to recognize that the community is fortunate in being so close to the City
of Comer Brook and other nearby facilities such as skiing at Marble Mountain, in that many
cultural and recreational facilities and opportunities can be found in the region. This is a strong
asset in the quality of life in the community, and for the Town's financial situation: Council
does not need to be all things to all people, and can focus its limited resources on the gaps. The
community is better focussed on taking advantage of the natural features in the immediate area
and opportunities for local facilities not requiring travel outside the community.
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5.0 DEVELOPMENT CONCEPT
It is Council's policy that the following statements provide a context for the specific policies for
each land use designation which is set out in Section 6.0 and for which the Development
Regulations provide requirements for each Use Zone:
I) York Harbour today is and will continue to be essentially that of a rural community for which
most employment and practically all major services are found in the City of Corner Brook
region.
2) The community is not expected to be attractive to commercial and industrial investors, due to
its limited population and the competitive advantage of locations for those types of
development closer to the City of Corner Brook.
3) The community's appeal to settlers is its fine quality of life as a family-oriented residential
area, set in a beautiful natural environment and with the prospect of enjoying active lifestyles
in the community and in the nearby region.
4) The community is expected to continue to attract newcomers, including retirees and families
with stable employment in the area, to buy or build homes, but in fairly small numbers. Even
though the annual numbers may be small, over time this still represents substantial growth.
5) Council's general approach to regulation of development is to impose minimal regulation but
to consider all developments on a case by case basis except those classes which are clearly
acceptable in all circumstances, ie: low density residential, agricultural and forestry class
uses.
6) The predominant building form will continue to be almost entirely single dwellings
(including subsidiary apartments), mobile homes, and seasonal dwellings. All other classes
of residential land use, including the separate land use class of mobile home park, will be
considered on a case by case basis, ie: at Council's discretion and subject to conditions
where appropriate. Large scale developments may be considered at any location, but sites
along Highway 450 would be preferred in order to prevent traffic issues on side streets.
7) Council will work with those interested in developing residential building lots, which
Council wishes to encourage in order to support those who wish to move to the community
and contribute to the healthy lifestyle and diversity of the community, as well as for residents
who wish to build new housing.
8) New development will be serviced by private water supplies and private sewage disposal
systems, financed, installed and operated by each owner. Council will support strict
adherence to provincial government regulations in this regard, and Council will be vigilant
when becoming aware of potentially malfunctioning systems to ensure that they are
addressed without delay.
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9) Development of new byroads to provide access to new lots fronting on them (legally termed
new streets in new subdivisions) will be in the form of public streets which will be conveyed
to the Council once constructed to a proper standard. Private streets (except in mobile home
parks, in condominium arrangements for land and/or buildings, or for access to natural
resource lands) will not be permissible, as default on upkeep on the part of the initial or later
owners would leave Council to deal with a very difficult situation.
10) Council will continue to provide playground facilities and space in the Town Hall for social
functions as resources permit, to support recreational and social activity in the community.
11) Trucking of forest and mineral resources at a large scale, if and when such should occur, will
most probably relate to resource extraction activities located in the high lands above the
community, which means that trucking of product may be directed down Council streets en
route to Highway 450. Council will endeavor to minimize the impact of heavy truck traffic
on town streets, considering their limited traffic volume capacity, safety concerns, and
potential for damage to the roads.
12) Mandatory standards and conditions required in accordance with provincial government
regulations and policies will be included to address topics such as, but not limited to, the
following:
a) Expected effect of climate change and other natural barriers to development, such as
proximity to water bodies and shore waters, flooding risk, sea level rise, coastal erosion,
and geotechnical risks associated with steep slopes
b) Development (including signage) along provincial government Highway 450
c) Servicing of development with private water supplies and private sewage disposal
d) Development of forestry and agricultural land uses, including domestic cutting for fuel
wood, silviculture, keeping of animals and horticulture
e) Mines, mineral workings, and hydrocarbon resources
f) Archaeological resources
g) Development on or near NL Hydro easements
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6.0 MUNICIPAL PLAN POLICIES
The Urban and Rural Planning Act 2000 at Section 13(2)(g) requires that a Municipal Plan
address a ten year term, and Section 28 requires that a Municipal Plan be reviewed not later than
every five years with a view to the developments which can be foreseen for the next ten years. A
Municipal Plan continues in effect pending subsequent reviews. Council's policy is that the time
frame for this Municipal Plan is the ten year period of 2021 through 2031.
It is Council's policy that the Municipal Planning Area be designated in a single designation
applied to the entire municipal planning area, named Mixed Development.
The policies in this Municipal Plan are organized in four sets:
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Section 6.1: policies devised at the initiative of Council to apply to the designation of
Mixed Development of all of the Municipal Planning Area.
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Section 6.2: policies which are included as required by provincial government legislation
and policies.
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Section 7.0: general implementation policies.
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Section 8.0: interpretation
These policies, together with more detailed requirements and procedural matters which are set
out in the Development Regulations, provide direction for Council decision-making in planning.
Council's policy is that the Development Regulations shall contain a use zone table to align the
boundary of the single Municipal Plan designation of Mixed Development and its policies with
the boundary of the single zone and its use zone table in the Development Regulations, as
follows:
Designation in Municipal Plan
Corresponding Use Zone in Development Regulations
Mixed Development
Mixed Development (MD)
The meanings of "groups, divisions and classes" of land uses as used in this Municipal Plan are
to be interpreted according to the classification of uses found in the Development Regulations.
The factors affecting planning policies and the overall development concept have been described
earlier in this Municipal Plan, so the preambles to the policies in this Section are brief.
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6. 1 Policies Devised by Council for Mixed Development Designation
Specific policies devised by Council pertaining to the Mixed Development designation are:
1) Permitted uses are the single dwelling (including subsidiary apartments), seasonal dwelling,
and mobile home classes (not including mobile home parks which are a separate land use
class), existing mineral workings and mines, the agriculture and forestry classes, and
cemeteries, including conditions as appropriate. Wharves, boat sheds, stages and docks are
deemed to be accessory to any of the permitted land use classes.
2) Any other use (including wharves, boat sheds, stages and docks in the transportation class
where such are the main use on the lot, and, new development in the mineral exploration,
mineral workings, mines, petroleum exploration and extraction classes) may be approved at
Council's discretion, including conditions as appropriate. In considering discretionary use
applications, Council will give the highest priority to reasonable compatibility with the
existing and likely future developments in the area, such that the proposed land use can
operate without any significant adverse effect on the surrounding area.
3) The Development Regulations will detail requirements including but not limited to the
following topics, with the purpose of developing and maintaining a pleasant, low density
community:
a) Yards and setbacks from lot lines, including modifications to enable use of mobility aids
b) Subsidiary apartments
c) Agricultural uses
d) Screening and landscaping of adjacent uses
e) Accessory buildings and uses
f) Mobile home parks ("mobile home park" is a class of land use, for developments in
which the land is not subdivided into spaces or lots for individual mobile homes but is
operated as an entity in accordance with an agreement with the Council concerning
maintenance and operation of the park, whereas mobile homes may be developed in the
same manner as single dwelling class developments on their own individual lots)
g) Wind turbines and antennas
h) Adequacy of features of site grading, drainage and landscaping to mitigate against
erosion onto and pollution of adjacent development and lands and bodies of water
receiving drained water from the site
i) Family and group care homes
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4) Large scale commercial and industrial development must not impose traffic volumes or
heavily loaded vehicles which would deteriorate the Town's streets or compromise traffic
safety. Council may require professional studies and advice on traffic volumes and strength
of Town streets. Proponents may be required to submit suitable reports, prepared at the
proponent's expense, for consideration.
5) Council's policy is to not provide municipal central water or sewer service and to not become
involved in the ownership, operation or maintenance of lands and works associated with
privately owned and cooperatively operated water supplies which serve multiple consumers.
6) New development is to be serviced by means of the owner's private water and sewer
systems, subject to the proponent securing Certificates of Approval from provincial
government authorities. The provincial government requirements concerning groundwater
resources related to use of private wells include compliance with the Groundwater Supply
Assessment and Reporting Guidelines administered by the Water Resources Division of the
Department of Environment and Climate Change. At the time of adopting the Municipal
Plan, those Guidelines require such an assessment when five or more new lots are proposed
to be created (a groundwater assessment study will not be required for subdivisions of less
than five lots, each having a minimum 2,023 square metre area, unless the area has
documented drinking-water quality and/or quantity problems). The numbers of lots are
cumulative, adding new lots as further subdivision of the original parcel takes place. These
requirements are subject to change.
7) With the exception of land uses associated with agriculture, forestry, sawmilling, mineral
workings, mining or other resource or similar uses for which fronting on a street would be
unnecessary or undesirable, all development must front on a publicly owned and maintained
road, unless other policies and requirements of this Municipal Plan specify otherwise.
8) Council's policy is that new streets which are to be conveyed to the Town shall be designed
and constructed to modern engineering standards.
9) Council's policy is to endeavour to ensure remedy of existing unsightly or unsafe
development, including dilapidated building exteriors and unsightly yards, and may order the
owner or occupier to provide plans for approval and to carry out adequate and suitable
renovations, remedy of unsafe conditions, removal of unsightly vehicles and materials,
landscaping or screening, and may include conditions to that effect in the order.
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10) Development in the agricultural class, especially the keeping of animals for agricultural
purposes, is a concern in many communities for aesthetic, public health and environmental
impact reasons. Keeping of animals as pets can be a concern for the same reasons. These
topics are addressed under two headings:
a) People keep animals as pets for the companionship and enjoyment of them. Keeping of
small animals as pets is not a matter of significant concern in this Municipal Plan.
Council's policy is that keeping of small animals as pets is a recognized accessory use to
all main uses of land.
b) Agricultural activity, including but not limited to keeping of animals for agricultural
purposes, is regulated by the Province of Newfoundland and Labrador by way of the
regulations, policies and guidelines administered by the Department of Fisheries, Forestry
and Agriculture. Council's policy is that development in the agriculture land use class is
permitted anywhere in the municipal planning area subject to a condition that the
applicant shall provide proof that the requirements of the said Department are met before
any approval of Council permits. Council will refer all applications for agricultural land
use to the Department of Fisheries, Forestry and Agriculture for review; their approval of
the proposed operation, including a manure management plan for any operation involving
multiple animal units and other permits as detailed in the Development Regulations, shall
be a condition of approval of related Council permits.
Further, Council will be vigilant
to ensure that any undesirable impacts of agricultural activities are brought to the
attention of that Department for review and remedial action.
11) For cases where unusual circumstances are anticipated or revealed, especially for very large
scale or complex developments, Council's policy is that they may require submission of a
detailed site plan for review and approval. This will be particularly important where the
proposed land use is unfamiliar, such as production of legal cannabis. A site plan may
include information on any or all of the items listed below, according to the nature of the
proposed development and directions of Council:
a) the dimensions and area of the site;
b) dimensions, uses and location of all existing and proposed buildings, including their floor
plans and perspectives, distances between buildings, outdoor storage areas, and yards;
c) gross floor area of buildings;
d) dimensions of all parking areas, access roads and driveways;
e) function and type of landscaped areas;
f)
landscaping plan and specifications including existing and proposed surface treatment,
tree and shrub locations, types and sizes;
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g) configuration and features of areas intended to separate incompatible land uses;
h) number and size of parking spaces and location;
i)
location and size of signage;
j) location and width of all walkways, trails and footpaths;
k) location of loading zones;
1)
proposed contours and drainage of surface runoff ditching;
m) surrounding land uses;
n) existing access constraints, e.g. right-of-ways which exist on site or adjacent to it,
easements, or fire routes, and the means of satisfactorily addressing them;
o) location and intensity specifications for lighting;
p) measures for mitigation of the potential effects on wildlife;
q) measures for mitigation of adverse effects of development on or near public trails or
which may affect Blow Me Down Provincial Park;
r) provisions for ongoing operation of features of the development which may involve
commitments or obligations of the Town of York Harbour or its departments and
agencies.
12) The antennas and wind turbines (windmills) class represent an aesthetic and safety concern.
Council anticipates proposals for antennas and possibly wind turbines to be located in this
designation. Council's policies concerning these developments are as follows:
a) Balancing of safety, land consumption and aesthetic considerations calls for a
categorization of those with tower heights over 15 metres as "tall" and those under that
height as "short".
b) Tall antennas and wind turbines are viewed as incompatible with existing uses in the core
of the community, and thus will not be approvable in the developable terrace lands below
the mountains above the community. Tall ones will be approvable at Council's discretion
in areas above the terraces.
c) Short ones may be considered as discretionary uses in all areas.
d) Guy wires and anchors are to be located on the same lot as the tower.
e) Council acknowledges that regulation of antennas is in the jurisdiction of the Government
of Canada, and that the role of Council is to take part in consultative processes which
proponents are invited to follow. Council is recognized as a local "land use authority" in
current federal government guidelines concerning consultation. It is Council's policy that
the policies and requirements set out in the Municipal Plan and the Development
Regulations describe the aspirations of the community in this regard, and that Council's
view is that the process of municipal permitting provides an orderly method of dealing
with public consultation and Council's input to federal authorities.
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13) Minimal requirements will be applicable to developm~nt of signs. Council recognizes that
the provincial government has certain regulations concerning development near and along
Highway 450 and will require proof of compliance in that regard in addition to other
considerations which may be reviewed in their municipal planning approvals process.
14)New development must not be located upon any easements accruing to NL Hydro.
Applications for development of new buildings must show the locations of easements and
must be reviewed and approved by the utility before a Council permit is approved.
15) As the availability of building lots for new development is constrained by topography and
natural barriers and the extent to which the community has already developed, often the
challenge is simply that of access to the street. Innovative use of "back lot" developments in
the form of "flag lots" can enable development on areas of land lying behind existing lots
fronting on streets. It is Council's policy to approve subdivisions of land involving creation
of flag lots and for development on flag lots, as enabled by Section 13 (3) (n) of the Urban
and Rural Planning Act 2000, including measures where specified in the use zone tables to
provide for Council's discretionary approval ofreduction of the widths of the legs of flag lots
where the width is less than the minimum requirement, so as to maximize the availability of
lands for development where the impact of doing so is minor in nature.
16) Generally, the Municipal Plan contemplates developments of a permanent nature. Council
wishes to be able to consider, at their discretion, situations involving the placement of a
motor vehicle or travel trailer or equipment or use ·of land for short term events such as
community festivals or for a laydown or equipment yard for a construction project or for
compassionate reasons. Provisions will be included in the Development Regulations for
suitable discretionary approval criteria and maximum time periods applicable to these cases.
17) Council's policy is to permit land to be used in conjunction with the provision of public
services and public utilities if the use of that land is necessary to the proper operation of the
public service or public utility concerned provided that the design and landscaping is
adequate to protect the character and appearance of the area.
18) A non-conforming uses is defined in Newfoundland Regulation 3/1, the Minister's
Development Regulations made under the Urban and Rural Planning Act 2000, ie: 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. A non-
conforming use is subject to several provisions among which the following enable Councils
to decide on certain points:
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a) Section I 08(2): the right to continue a non-conforming use expires after 6 months of
discontinuance unless otherwise extended in a regulation under the Act, ie: in the
Development Regulations. Council's policy is to extend the period to ten years and so
indicate in the Development Regulations.
b) Section 108(3): a Council may approve varying a non-conforming use to another use
where the new use would be more compatible with the Municipal Plan and Development
Regulations, notwithstanding that the new use would otherwise not be permissible.
Council's policy is to include in the Development Regulations a provision that notice of
such applications be made at the expense of the applicant and that the notice be sent to all
persons whose land is in the immediate vicinity of the land that is the subject of the
proposal, at least ten days prior to any date upon which Council will consider the matter.
6.2
Policies Included as Required by Provincial Government
The policies in this section are prompted by the requirement of Section 15 of the Urban and
Rural Planning Act 2000 that a Municipal Plan must respect provincial government and other
government agency interests, and thus include supportive policies in its provisions and in
corresponding requirements in the accompanying Development Regulations. A Council may or
may not agree with any of them, but is obliged to include them and enforce them as follows.
6.2.1 Natural Hazards to Building
The following policies are intended to prevent or mitigate exposure of buildings and lands to
natural hazards:
1)
Professional review and advice will be required to evaluate any proposal for the erection
of a structure on a site which is potentially subject to natural hazards including sea level
rise, flooding, unstable slopes, or any other physical hazard.
2) Any proposal for development on the shores of water bodies or streams, including
wharves, slipways or other structures, and for any infilling or dredging or other work in
or near the waters, shall follow the provincial government Guidelines for the
Construction and Maintenance of Wharves, Breakwaters, Slipways and Boathouses and
any other requirements pertaining to work in water bodies.
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3) Any proposal for development of a site having a slope in excess of 15% must be certified
by a geotechnical professional engineer as having low risk of landslide, avalanche, and
rockfall.
4) In its deliberations on municipal planning matters, Council must consider the expected
effects of climate change as the science evolves, particularly concerning the frequency
and severity of extreme weather events such as heavy rainfalls and snowfalls, droughts,
wind gusts and the like, as they affect public safety and vulnerability of infrastructure and
properties to damage.
6.2.2 Protection of the Natural Environment
Protection of the natural environment is a high priority. The quality of air, land, and water in and
around the community, and aesthetic considerations, are important to the health, culture, and
economy of the area. The role of Council in this regard is intertwined with the roles and
authorities of the Government of Canada and the Province of Newfoundland and Labrador.
Under the authority of the Water Resources Act, the Department of Environment and Climate
Change is responsible for the management of water resources of the Province of Newfoundland
and Labrador, and coordinates with the federal Department of Fisheries and Oceans. The
provincial department has regulations, policies and guidelines to protect, enhance, conserve,
develop, control, and effectively utilize the water resources of the province on topics including
but not limited to the following:
a) Development within 15 metres of a waterbody or watercourse if in a Crown land
reservation;
b) Risk of flooding;
c) Discharge of any effluent off the subject property;
d) Work in any body of water, including shore waters;
e) Infilling of water bodies or diversion of streams ( usually not approvable if for residential
development);
f) Construction of wharves, breakwaters, slipways and boathouses;
g) Infilling or dredging associated with marine structures or other works;
h) Any development in a protected public water supply area;
i) Providing waste receptacles in work areas;
j) Waste diversion actions including recycling, reuse or resale programs;
k) Open burning of waste;
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I) Pesticide and halocarbons use, purchase and storage;
m) Petroleum (including used oil) storage and dispensing;
n) Effects of climate change; and,
o) Energy efficiency in buildings.
These matters will be identified in the Development Regulations as a reminder that such
requirements will apply to proposed developments. In order to ensure that the requirements of
the provincial Water Resources Act are respected in Council exercising its planning authority
pursuant to the Urban and Rural Planning Act 2000, the Development Regulations will provide
detailed requirements about development near or in any water body, including ponds, streams,
rivers, shore waters and wetlands, regardless of the zone in which they are located.
Further to the above:
l) As a general principle, proposed development should not pollute or degrade any part of the
community. In cases of large or special types of projects where environmental protection
concerns are complex, the proposals should be carefully studied and any concerns brought to
the attention of the appropriate provincial or federal authorities.
2) Garbage, refuse, abandoned vehicles and any other discarded materials of any kind should be
disposed of only at an authorized waste disposal site or facility outside the Planning Area.
Such material shall not under any circumstances be used as fill for buildings and lots.
Wrecked or inoperable vehicles, machinery or equipment of any kind shall not be stored or
abandoned where it may be in public view.
3) All development involving human occupancy must be serviced by the owner's private water
and sewage disposal systems, subject to the proponent securing Certificates of Approval
from provincial government authorities. The provincial government requirements
concerning groundwater resources related to use of private wells include compliance with the
Groundwater Supply Assessment and Reporting Guidelines administered by the Water
Resources Division of the Department of the Environment and Climate Change (at the time
of adopting the Municipal Plan, those Guidelines require such an assessment when five or
more new lots are proposed to be created although a groundwater assessment study will not
be required for subdivisions of less than five lots, each having a minimum 2,023 square
metre area, unless the area has documented drinking-water quality and/or quantity problems;
note that these requirements are subject to change).
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6.2.3 Forestry and Agricultural Development
Forestry and agricultural developments are important economic activities. Council's policies
are that:
I) Forestry class uses (including harvesting--commercial and domestic cutting for fuel
wood, processing of products of the forest, silviculture and access roads) are permitted
uses in the Mixed Development designation, subject to the permit issued by the
Department of Fisheries, Forestry and Agriculture.
2) As said in Section 6.1 (1 ), development of agricultural class uses is permitted in the
Mixed Development designation. Development and farming practices must comply with
the regulations, policies and guidelines of the Department of Fisheries, Forestry and
Agriculture including but not limited to the Environmental Farm Practices Guidelines for
Livestock and Poultry Producers in Newfoundland and Labrador, and are subject to the
approval of the said Department as a condition of approval of any Council permits.
6.2.4 Development and Signage Along Highway 450
Council's policy is that the following shall be satisfied by the applicant before any Council
permit is approved for development along Highway 450 (Bay of Islands South Highway),
pursuant to the regulations cited:
a) Highway 450: Building Near Highways Regulations, under the Works, Services and
Transportation Act: "A person shall not erect, repair, alter or structurally improve a
fence, building or other structure, nor shall he or she plant trees, shrubs or hedges
without the prior permission of the minister within 15 metres [for Highway 450 's class of
highway] from the centre line of the highway. "
b) Highway Sign Regulations, under the Urban and Rural Planning Act 2000: for any sign
within 100 metres from the centre line of the roadway (the municipal boundary coincides
with the municipal planning area boundary, so the proximity criteria applicable where the
highway is in an area between the municipal boundary and the municipal planning area
boundary does not pertain).
6.2.5 Removal of Quarry Materials
Quarry materials produced as a by-product of an approved development may be removed from
the development site. Site preparation to construct a building usually involves removing topsoil,
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overburden, and sometimes bedrock from the footprint area; these materials may be retained or
re-used on the development site. Quarry materials include but are not limited to aggregate, fill,
rock, stone, gravel, sand, clay, borrow material, topsoil, overburden, subsoil, and peat. Note that
removal of quarry materials for the purpose of development shall not constitute mineral
workings, which are subject to provincial approval.
The Department of Industry, Energy and Technology requires that they be notified of upon
issuance of a permit for a development involving removal of quarry materials from the site, so
that they can ensure that provincial government regulations are observed.
In order to assist the provincial government in this regard, Council's policy is that the said
Department will be made aware of approved developments where the excavation of quarry
materials may take place and that the Development Regulations will contain a statement to the
effect.
6.2.6 Archaeological Resources
Archaeological sites and discoveries are protected pursuant to the Historic Resources Act 1985.
Council's policy is to direct proponents to initiate consultation with the Provincial Archaeology
Office during the early planning stages of any major development that involves land use or
ground disturbance within the municipality. These discussions are necessary to ensure that
appropriate measures are taken to protect known sites, and where deemed appropriate,
archaeological surveys be undertaken in areas of high potential prior to development to
safeguard any sites yet to be discovered.
The Development Regulations will specify that anyone discovering potential artifacts or
conditions during work on a development shall stop work and report the finding to Council and
the Provincial Archaeological Office, and not proceed until authorized in accordance with the
specified procedure.
Council's policy is to scrutinize development applications for information on proximity to any
known registered sites in the municipal planning area, and where applicable notify the Provincial
Archaeological Office before approval of any permit. At the time of adoption of this Municipal
Plan there were no registered sites in the municipal planning area, but that can change at any
time. The specific locations ofregistered sites will not be identified in the Municipal Plan or
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Development Regulations, to minimize their exposure to vandalism and looting, but the sites will
be known to the Council.
6.2. 7 Effects on Blow Me Down Provincial Park
Blow Me Down Provincial Park is located just outside the municipal planning area, within the
Town of Lark Harbour. There is some possibility that development in the York Harbour
municipal planning area could affect the Park in an adverse way. Council's policy is to be
vigilant about the potential for such effects when considering approval of development
applications in their jurisdiction, and to consult with the Provincial Parks Division, Department
of Tourism, Culture, Arts and Recreation in such cases.
6.2.8 Minerals, Mines and Petroleum Resources
The municipal planning area does not feature any active mines or petroleum extraction activity
and only limited mineral workings. As noted in Appendix B, copper was briefly mined in the
early Twentieth Century, and there is current interest in exploration for minerals. There has been
considerable interest in hydrocarbon resources on the west coast of Newfoundland, with several
exploratory wells and seismic testing having been carried out.
It is important that exploration for minerals and petroleum be enabled by policies appropriate to
the areas in question. This is recognized in Section 5.0 (12) and policies in Sections 6.1 (l) and
(2), whereby existing mineral workings and mines are permitted in the Mixed Development
designation and new development in the mineral exploration, mineral workings, mines,
petroleum exploration and extraction classes may be approved at Council's discretion. The
Development Regulations include measures appropriate to these land uses.
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7.0 IMPLEMENTATION
7. 1 Implementation Policies
The policies of the Municipal Plan for the York Harbour Planning Area will be implemented by
the exercise of appropriate Development Regulations, site plan control for larger or more
complex development proposals, and a planned sequence of public works.
All amendments to the Development Regulations will be checked against the Future Land Use
Map 1 and the policies of the Municipal Plan for the purpose of conformity. This requires proper
professional advice and documentation prepared by a qualified planner and due process prior to
being submitted to the Minister of Municipal Affairs and Environment for approval.
Before any development can take place, an application must first be made to Council for a
development permit. Development may take place only after Council or authorized staff have
reviewed the application and issued a permit. If the application is to be considered as a
discretionary use or if it is for a variance, the proper process of notice and Council deliberation
as detailed in Development Regulations shall be carried out.
Council will consider the application to determine whether it conforms with the requirements of
the Development Regulations and the policies of the Municipal Plan. If it conforms, Council will
approve the application and inform the applicant and state any conditions that may apply. If the
proposed development does not conform to the Municipal Plan and Development Regulations,
the application must be refused. Any applicant who is dissatisfied with the decision of Council
may appeal to an Appeal Board. The Appeal Board will either confirm the decision or require
that Council's decision be varied or reversed.
Anyone who fails to follow the required application process or who otherwise violates the
Municipal Plan and Development Regulations can be prosecuted and may be ordered to remove
any illegal structure and restore the site and buildings on it to their original state.
Council has authority to grant a variance (not to be confused with a discretionary approval), ie: a
departure to a maximum of 10% from the yard, area, lot coverage, setback, size, height, frontage
or any other numeric requirement in the applicable Use Zone Table of the Development
Regulations. However, the proposed development must conform to the general intent of the
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Municipal Plan. A proposed development must not change the permitted land use, or
significantly negatively impact adjoining properties, by virtue of grant of a variance.
Where Council deems it useful and necessary so as to better consider the details of large or
complex projects, a site plan may be required of the applicant.
Municipalities in the province must adopt the National Building Code. Its requirements and
administration are separate from those of the Municipal Plan and Development Regulations.
Often, building and planning regulations are considered in conjunction with each other, as the
prospective builder is usually considering them both at the same time, and the Town may
integrate information requirements on a common application form. However, the approval of a
building or construction permit under the National Building Code does not signify an approval of
a development permit pursuant to the Development Regulations, and vice versa.
Also, Council's policy is that the Town of York Harbour does not provide building inspection
services related to the National Building Code; Council's or staff's observations of new
construction will be only to ensure that the Development Regulations' requirements are met,
such as those concerning location of structures on the lot, parking, driveway location and
bridging roadside ditches and sidewalks, building height, and the use of the development.
Those persons requiring building inspection related to compliance with the National Building
Code will be advised to retain professional services at their own initiative and expense. Further,
the Town does not review building and site plans except to ascertain matters related to the
requirements of the Municipal Plan and Development Regulations, such as setbacks and yards of
proposed buildings.
Further, the Town does not issue occupancy permits except for occupancy of a building which
has been vacant or newly constructed, for which this is required pursuant to section 194 of the
Municipalities Act.
7.2 Public Input in Planning
Council's policy is to provide information and opportunity for consultation to the community
when matters of major importance in municipal planning are to be considered.
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7.3 Policies Extra to Municipal Plan for Information
The policies set out in this Municipal Plan are set out as enabled by the Urban and Rural
Planning Act 2000. The Town from time to time may adopt other regulations as enabled by ,
such as operation and parking of commercial vehicles on its streets, some of which relate to
certain aspects of development. The administration and enforcement of those other policies do
not arise from the Municipal Plan nor the Development Regulations.
In order to minimize the risk of overlooking those other policies when dealing with permitting
under this Municipal Plan and the Development Regulations, the other policies will be quoted
solely for information purposes in the appendices in the Development Regulations.
Enforcement, amendment or repeal of those policies, or the introduction of new policies of like
kind, do not involve the Municipal Plan or the Development Regulations. Omitting to include
such policies in the Development Regulations does not signify a waiver from compliance with
them.
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8.0 INTERPRETATION
8. 1 Land Use, Boundaries, and Roads
Users of Future Land Use Map 1 and corresponding Land Use Zoning Map 1 in the
Development Regulations are cautioned that the location of roads and other features are
approximate, as the available base mapping does not provide highly accurate information in
some regards.
In that there is only one land use designation as said in Section 6.0, its boundary is very simple to
interpret: the municipal planning area coincides with the municipal boundary, and that defines
the boundary of the Mixed Development designation.
8.2 Figures and Quantities Approximate
Figures and quantities herein shall be considered as approximate on any matter not involving
variances. Amendments to the Municipal Plan will not be required for reasonable interpretation
of the meaning or precision of other figures or quantities.
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APPENDIX A: PREPARATION AND APPROVAL
For a Municipal Plan to gain full legal effect, the following procedure must be undertaken,
pursuant to Sections 15 through 24 of the Urban and Rural Planning Act 2000:
In brief, the process begins with the preparation of a draft Municipal Plan under the direction of
Council. When a draft is prepared to the satisfaction of Council, a process which must include
opportunity for public consultation, it is submitted to the Department of Municipal and
Provincial Affairs for review.
It is important to note that a Municipal Plan must respect topics that are identified by the
Department of Municipal and Provincial Affairs as predominating provincial interests, pursuant
to Section 15(3) of the Urban and Rural Planning Act 2000. The means by which this was done
was by way of a report from an internal body of the provincial government, the
Interdepartmental Land Use Committee (ILUC). The ILUC report includes a convenient
summary of provincial policies and interests.
A Council may or may not agree with including subjects that are raised in an ILUC report but
must include policies and requirements that may of no interest to the Council or indeed be
outright offensive to them. In the course of preparation of the Municipal Plan and Development
Regulations, those provincial interests are respected, and as much as possible, the documents
distinguish between those matters which the Council feels is "theirs" versus those that are
mandated by the provincial government.
The ILUC report is briefly summarized as follows :
1. Council should consult with the Provincial Parks Division, Department of Tourism,
Culture, Arts and Recreation, concerning any proposed developments that may affect the
Blow Me Down Provincial Park, which lies just outside the municipal planning area.
2. NL Hydro asks that Council or developers contact them concerning developments which
may encroach on their existing easements and right of ways, or, where easements may be
required to service new development.
3. Digital Government and Service NL: asking that the requirement for any development to
have permit or approval as is appropriate to the case be noted in the Municipal Plan and
Development Regulations.
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4. The Water Resources Management Division of the Department of the Environment and
Climate Change requires compliance in the Municipal Plan and Development
Regulations with regulations and policies concerning several topics involving the water
resources of the province, including work in or near a water body or wetland or flood-
prone area.
5. The Climate Change Branch of the Department of the Environment and Climate Change
and the Geological Survey Division of the Mines Branch of the Department oflndustry,
Energy and Technology require compliance in the Municipal Plan and Development
Regulations with regulations and policies concerning coastal erosion, sea-level rise,
geological hazards, energy efficiency.
6. The Department of Fisheries, Forestry and Agriculture requires harmonization of
municipal planning regulations with Departmental policies and regulations concerning
agriculture, particularly to protect existing and future agricultural activity at all scales.
This especially concerns keeping of animals for agricultural purposes in this community.
7. The Crown Lands Division of the Department of Municipal and Provincial Affairs notes
the role of Councils in dealing with applications for Crown lands.
When the Department of Municipal and Provincial Affairs has reviewed the draft document and
is satisfied that it is acceptable in light of provincial and other government agencies' interests,
the Department officially releases it pursuant to Section 15 of the Act. Council then, by
resolution, is able to adopt the document pursuant to Section 16 of the Act.
Council must then advertise and provide for a public hearing at which objections or
representations to the adopted document are to be heard. The notice must appear twice in a
newspaper circulating in the Municipal Planning Area, in which Council states its intention to
seek the approval of the Municipal Plan. The first notice must appear at least fourteen days
before the hearing date. The notice must state where and when the Municipal Plan can be
inspected and clearly give the time and place for the Public Hearing. These procedures were
modified by a special protocol issued by the Department during the COVID 19 pandemic which
befell the province in 2020 and continued into 2021.
The Hearing is conducted by a Commissioner appointed by the Council. A deadline date for the
submission of any written objections or representations is specified in the Act (two days before
the hearing). If no objections are received by the deadline, Council may cancel the hearing and
proceed directly to approve the Plan. If the hearing proceeds, the Commissioner conducts the
meeting and subsequently prepares a report including recommendations. Again, these procedures
were modified by a special protocol issued by the Department during the COVIDl 9 pandemic.
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Council then considers the report and either approves the Plan (with or without changes) or
withdraws the proposed Plan. Council's approval is made pursuant to Section 23 of the Act.
An approved Plan then is submitted to the Minister of the Municipal and Provincial Affairs for
review and registration, pursuant to Section 24 of the Act. For this, the Minister requires two
copies of the Municipal Plan which have been certified by the Clerk as having been adopted and
approved by Council, a certificate by a Member of the Canadian Institute of Planners (MCIP)
that the document complies with the Act, the Commissioner's report, and all written objections
and representations that may have been submitted for the hearing.
After reviewing the document and determining that it is not contrary to law or a policy of the
government of the province, the Minister will register the Plan in the Minister's planning registry
and Council will publish a notice to that effect in the provincial government's Newfoundland and
Labrador Gazette and in a newspaper circulating in the Municipal Planning Area. The date of
the publication of the notice in the Gazette is the date upon which the Plan comes into effect.
If the Minister chooses to not register the Plan, the document is returned to the Council with
information as to the reason for its unacceptability, and Council may then make changes and
resubmit the Plan in the same manner.
It is important to recognize that a new Plan does not come into legal effect until the notice of the
Minister's registration appears in the Gazette. Once in effect, the Municipal Plan is legally
binding on Council and any person or party proposing to use or develop land anywhere within
the Municipal Planning Area.
A concurrent and parallel process is involved in the preparation, adoption, approval, and coming
into effect of the Development Regulations 2021.
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APPENDIX B: HISTORY, ECONOMY AND DEMOGRAPHY
York Harbour is a coastal community lying on Humber Arm, on the west coast of the island of
Newfoundland, abutting the western boundary of the Town of Humber Arm South and the
eastern boundary of the Town of Lark Harbour. The nearest major urban centre is the City of
Corner Brook, less than an hour's drive away. The community's location relative to other
Newfoundland coastal communities and sites may be appreciated from the map below.
Gros Marne
National Park
Channel - Port aux Basques
St. Anthony
Gander
Before European contact, aboriginal populations in ancient times were present in the area
(initially the Maritime Archaic and later their successors), but little is known of them specific to
York Harbour. The European fishery began with exploiting the cod resources, with many
national fleets active around Newfoundland. Initially, the use of land for processing the fish was
seasonal and became contentious between France and Britain as they competed for the stock. In
the day, Captain James Cook mapped these waters in the 1760s, and indeed the community is the
namesake of one of his ships, HMS York.
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York Harbour Municipal Plan 202 1
Approved by Council I September 202 1
Many coastal communities in this province can trace their origins deep into the historic fisheries
of France and Britain, going back to the 1700s, but the available histories suggest that significant
settlement and fishing on the Bay of Islands began only around the mid-to-late 1800s. In those
early years, York Harbour was naturally involved in the fishery, but in contrast to many other
communities in those times was also active in mining and logging. A very active copper mine
operated from 1903 to 1913; since then there has been some exploration and thoughts that the
mine may reopen.
The early 1900s saw the founding of the base of the modern economy of the area, focused on the
vast forest resources on the west coast, which attracted investment in paper making after World
War I. A mill built in Corner Brook by the International Paper Company of Newfoundland
Limited began to produce paper in 1925, and through corporate succession continues to operate
today.
By the 1960s, with better roads and economic expansion in the region, travelling to employment
outside the community began to prevail. Today's economy and way of life have continued to
relate to forestry and an active fishery, but have also been greatly affected by the growth in
regional employment in non-resource sectors such as health care and other public services.
The mill and its many directly related enterprises, together with the services and goods industries
which are supported by them, became the initial mainstay of the emerging regional economy. In
later years, economic activity unrelated to the paper industry grew in the health and public
services and tourism sectors, and now their employees outnumber those in papermaking and
other manufacturing. The distribution of employment across additional economic sectors has
brought strength from diversification.
Review of the population projections produced by the provincial government's Economic and
Projects Analysis Division in the Department of Finance confirms a belief that the region's
population will be at least stable for the foreseeable future. The most pessimistic scenario for
Economic Zone 8, the region in which Corner Brook is centred and where York Harbour is
located, shows a forecast of a decrease of about 2.5% over the next 20 years. The most
optimistic scenario shows a forecast increase of about 4.1 %. The medium scenario forecasts a
little bit better than flat rate stability.
In short, the region should expect to have a stable population, largely based on its industries,
institutions and services which relate to a broad trading area, plus localized services to residents
and tourists. The region should continue to have a diversified economy for which even a
middling forecast indicates stability.
Page 39
York Harbour Municipal Plan 202 1
Approved by Council I September 2021
The population of York Harbour has not increased by large numbers over recent years, as
indicated by the following census numbers:
2001
388
2006
360
2011
346
2016
344
The 199 I and 1 996 censuses showed that the numbers reached 400 for a decade. The last fifteen
years has shown a slow but steady decline since then, though the last five year period saw
virtually no change. However, even though the population has not grown, it is important to note
that new housing has continued to be built in the community. This is characteristic of an aging
population, as the average household size diminishes. Of the approximately 150 dwellings in
20 I 6, that year's census reports that 100 of them comprise one or two people. In younger
populations, there are more households with three or more persons.
Town staff report an ongoing, steady interest in building and locating in the community, and the
total number of occupied dwellings is rising. This is expected to continue, as the community
presents a beautiful natural setting and a quiet, peaceful lifestyle, including amenities such as
playgrounds and trails which support the good life which people find here. Council expects to
see a continuation of the trend of a small number of new houses being built each year or two,
depending on demand and the availability of attractive building lots.
The lack of commercial and industrial development in the community is not surprising. The
close proximity of the City of Corner Brook and other communities directly on the TransCanada
Highway presents investors with opportunities that will often be seen as more viable there than
in the outlying communities like York Harbour. This trend is expected to continue, other than in
small scale home businesses and perhaps in tourist accommodations. That is not a bad thing, as
there are many good things to say about being a good quality, quiet community set in a very
attractive natural landscape.
Page 40
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LEGEND:
- - - - - - - MUNICIPAL PLANNING AREA
BOUNDARY AND MUNICIPAL
BOUNDARY COINCIDE
FUTURE LAND USE DESIGNATION AS SHOWN :
MIXED DEVELOPMENT
TOWN OF YORK HARBOUR
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NOTES:
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The Mixed Development designation applies to the entire municipal planning area.
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PROJECT NO.
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FOR COUNCIL REVIEW
FOR ECCM REVIEW
TOWN OF
York Harbour
MUNICIPAL PLAN
MAP1
FUTURE LAND USE
2020
1 SEPT 2021
15 JULY 2021
2 JUN 2021
9 APR 2021
10 MAR 2021
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