|
Table of Contents
PREAMBLE
CHAPTER
1 - SETTING
A. Introduction
B.
Context
C.
Goals and
Objectives
CHAPTER 2 - LAND USE POLICIES
1.
The Village
Community
A. Village General Policies
(1) Mobile
Home Parks in the
Village General (VG-2) zone
(2)
Tourist Cabins and Campgrounds
(3)
Farm Buildings, Barns,
Horse Stables and Kennels
2. The Rural
Community
B.
Rural General Policies
(1)
Mobile Home Parks in the Rural General
Designation
(2)
Tourist Cabins and Campgrounds
(3) Landrie Lake Watershed
CHAPTER 3 - SERVICES
A.
Municipal Services
B. Protective Services
C. General Policies
CHAPTER 4 - IMPLEMENTATION
A.
General
B. Generalized Future Land
Use Map
C. Land Use By-law
D.
Amending the Land Use
By-law
E.
Criteria for Amendment
to the Land Use By-law
F. Development Agreements
G. Action Not Requiring A
Strategy Amendment
H. Development Officer
I.
Variances from the By-law
J. Subdivision Control
K. Other Municipal By-laws
L. Building Inspector
M. Strategy Amendments
N. Action Not Requiring A Strategy Amendment
O.
Strategy Review
Preamble
A
Municipal Planning Strategy and Land Use By-law is a document which enables
municipalities to assume the primary authority for planning within their
respective jurisdictions, consistent with their urban or rural character
through the adoption of municipal planning strategies, land-use by-laws and
subdivision by-laws consistent with the policies and regulations of the
Province. The process which Council has established to create this Plan and
By-law is a consultative process which has ensured the right of the public to
have access to information and to participate in the formulation of these
documents. Through this process the public’s right to be notified and heard prior
to land use planning decisions has been respected.
This
document reflects the rural character of the planning area in that it allows
traditional uses of land to continue without changing the manner in which they
operate. Central
Richmond
is a rural area adjacent to Lower River, the Basin and the Atlantic Ocean. This area, rich in natural beauty,
is not considered compatible with intensive heavy industrial development.
Therefore the over-riding principle of this Plan and By-law is to protect the water-courses
by excluding heavy industrial uses from the Plan area and by establishing restrictions
on certain residential, commercial and medium intensity industrial land uses.
These principles have been established as a result of lobbying efforts directed
at Richmond County Council.
CHAPTER 1 –
SETTING
A.
Introduction
This Municipal Planning
Strategy for the Central Richmond Planning Area has been prepared in accordance
with the provisions of the Municipal Government Act (consolidated to May 29th, 2002), Chapter 18, and Statutes
of Nova Scotia. This Municipal Planning Strategy is a legal document, a policy
document and a framework for development. Where land and development issues are
dealt with in a strategy, such issues shall be implemented through the Land Use
By-law.
This Municipal Planning
Strategy (MPS) and the Land Use By-law (LUB) have been prepared under the
guidance of the Community’s Planning Advisory Committee. In keeping with similar processes used in Isle Madame and St. Peter’s, the
Planning Advisory Committee established an Area Advisory Committee, which was
given the responsibility for public participation and the preparation of the
two documents. Preparation of these documents by the Rural Cape Breton District
Planning Commission began in 2001. The Central Richmond Area Advisory Committee
invited residents’ participation by conducting mail-outs, public meetings and
open houses to support the planning process and by providing information on the
Rural Cape Breton District Planning Commission website.
This Municipal Planning
Strategy is intended to guide the decisions of Council with respect to
regulating development within the Central Richmond Planning Area. This Plan
area is rural in nature, providing a rural lifestyle within close proximity to
local industry and the ocean. The primary goal of this Strategy is to encourage
the protection of Lower River and the Basin by
restricting uses that have an adverse impact on this watercourse.
Other important goals
include encouraging economic growth through tourism, sustaining local
commercial operations, and providing regulations that support the availability
of residential housing stock for local industry. Therefore, to foster these
objectives, a list of policies has been prepared for adoption. The
implementation of these policies is carried out through the creation of a Land
Use By-law and the Municipal Subdivision Bylaw. The Land Use By-law sets out
specific zones and establishes a list of permitted uses and appropriate lot
standards. The Municipal Subdivision By-law controls the subdivision of land not
only within the Planning Area, but also in the entire Municipality of the County of Richmond.
Maps referred to in the
policy statements, the Generalized Future Land Use Map (Map 1) and the Land Use
By-law Map (Schedule A) are included in this document and constitute part of
this Strategy. The more prominent map, the Generalized Future Land Use Map, is
a graphic representation of the land use designations that have been developed
in accordance with the policies of this Strategy. Schedule A, the Land Use By-law
Map identifies the locations of the various zones.
By
adopting this Strategy, Council is not committing to undertake any project
described herein; however, it is prevented from undertaking “any development
within the scope of this Planning Strategy in a manner inconsistent or at
variance therewith” (The Municipal Government Act). Therefore, Council’s
actions are intended to reflect the priorities set out in the Municipal
Planning Strategy.
B.
Context
(1) Provincial Context
Located in Richmond County, the Central Richmond Plan
area covers a physical land area of approximately 110 square kilometers. Bisected
by Highway #104, the Plan area is located approximately 12 kilometres from the
Canso Causeway and approximately 4 kilometres from the Town of Port Hawkesbury. Highway #104 is the main
transportation route linking Central Richmond with Sydney, which is 100 kilometres
to the east.
(2)
History
Named in honour of Sir Charles Lennox, fourth Duke of
Richmond and Lennox, who was Governor General of British North America 1818-1819, Richmond County was created in 1835. Richmond County comprises that territory formerly
known as the Southern District, which was established in 1824 at the time Cape Breton Island was divided into three
districts. The boundaries of the Southern District were defined at the time of
its establishment. Those same boundaries were determined to be the boundaries
of Richmond County by statute in 1847.
The Central Richmond Plan area is characterized by
its member communities and their relationship to the water. The more identifiable settlements include
Evanston, Whiteside, Walkerville,
Grantville, Hureauville, Lower River Inhabitants and surrounding areas. The western-most
boundary of the Plan area begins at Kempt Road (Highway #4) runs southward
through Highway Number #4 to the Atlantic Ocean. Running east from this
line, the Plan area ends in Grande Anse to the north and in the general vicinity
of Highway #320 to the south (see the attached Generalized Future Land Use Map,
Map 1).
C.
Goals
and Objectives
This Municipal Planning
Strategy is a planning document which details the methods and procedures
formulated and formally adopted by Council for the purpose of organizing
development and land use activity including municipal services. The policies in
this Strategy are statements of Council’s intentions to clarify and implement
the goals as listed in the following manner:
It shall be the goal of
Council:
(1) That this Municipal Planning Strategy provides a framework and
a process whereby the unique characteristics of the community can be protected
and stabilized.
(2) To control land use and development in a manner that will
preserve, enhance and protect both the natural and man-made environments of the
community.
(3) To improve, expand and maintain municipal services and
facilities according to acceptable standards and to the extent of the
community’s financial capabilities.
(4) To encourage economic development by permitting a wide range
of Residential, Commercial and Medium Industrial uses in the Plan area.
CHAPTER 2 - LAND USE POLICIES
1. The Village Community
The
Village community is designated “Village General” on Map 1 of this Municipal Planning
Strategy. This area is comprised of the communities of Evanston and Whiteside. The designation boundaries have
been established to coincide with the extent of the centralized water and sewer
systems. In this designated area, lot sizes are smaller and more compact. In addition, frontage requirements for lots in
this area are intended to approximate an urban form of development as apposed
to its rural counterpart.
This
Village General area is developed predominantly with single detached
residential dwellings (including mobile homes). A few notable exceptions are
the Strait Richmond Hospital and the Richmond Education Center. This area is largely devoid of commercial uses. However,
existing conditions for the construction or conversion of small scale commercial
operations, such as low impact retail, still remain viable within the
community. As such, it has been decided that these areas would best benefit from
general policies that seek to permit a large number of uses that vary in
sensitivity with a particular emphasis on regulating, and in certain instances
prohibiting uses with a higher degree of negative impact to adjacent water
courses.
In
this regard, this Municipal Planning Strategy makes more extensive use of the
Development Agreement process as a means of regulating the functions and placement
of structures in an effort to offset problems that may arise with land use
compatibility. In addition, on site
mitigation measures such as buffers and setbacks, as set out in the Land Use
By-law, also serve to limit potentially negative impacts to more sensitive uses,
such as residential.
At
the present time there is little demand for additional commercial/institutional
uses in this area and given the limitation of available land, it is deemed that
no specific separation of these uses is required in the Village General
Designation at this time. If however, an increase in demand for additional commercial
uses arises and land use compatibility issues become more urgent, it is
anticipated that the necessary constraints can be implemented through the five-year
review process when and if deemed necessary. Thus, the basis for this Planning Strategy
is to provide maximum flexibility while establishing restrictions on uses that
have the potential to produce negative impacts to watercourses in the area. In
this regard, two separate zones have been created in the Village General designation
- the Village Residential (VR-1) zone and the Village General (VG-2) zone.
Heavy industrial uses including biosolid spreading, storage and sludge processing are prohibited in
all Plan areas. In addition, with the exception of properties listed in
Appendix “G”, a special requirement for all uses located along the watercourse
has been imposed, which requires that all uses be set back from the high water mark.
The Village Residential (VR-1) zone
The
Village Residential (VR-1) zone is located along a portion of Lower River from
the limit of the Community of Evanston south to and including, Proctor’s Cove
and Ferry Point and farther, extending south to the community of Whiteside, including
Upper MacNamara’s Cove (see Detailed Zoning Map). Given the increase in density
because of the availability of central water and sewer systems, this location
is considered more vulnerable to negative impacts and thus requires a stricter
adherence to regulation in order to avoid potentially noxious uses. As such,
industrial uses are prohibited along the river in the Village Residential
(VR-1) zone.
Any form of Residential use is permitted in the Village
Residential (VR-1) zone, however, certain restrictions apply: Multiple Dwellings
in excess of three dwelling units and Tourist Cabin developments may
also be approved but must enter into a Development Agreement with the Municipality. In
addition, all forms of Commercial, Recreational, and Institutional uses are
permitted in the Village Residential (VR-1) zone. Mobile Home Parks, Campgrounds, and Industrial uses are all
prohibited in the Village Residential (VR-1) zone.
The Village General (VG-2) zone
The
Village General (VG-2) zone is located immediately adjacent to the Village
Residential (VR-1) zone along both sides of the main street in the communities
of Evanston and Whiteside, to the extent of the existing sewer
main. Any form of Residential, Commercial, Recreational and
Institutional use is permitted within the Village General (VG-2) zone with the following
exceptions or restrictions: Mobile
Home Parks in
the Village General (VG-2) zone are permitted by way of
Development Agreement in accordance with the Land use by-law and the Richmond
County Mobile Home Park By-law. All
forms of Commercial uses are permitted in the Village General (VG-2) zone however Campgrounds
and Tourist Cabin Developments are permitted by way of Development Agreement
only. Alternatively, medium intensity industrial uses such as those identified
on Appendix A of the Land Use By-law, will also be considered permitted uses by
way of Development Agreement.
A.
Village General Policies
Policy 1.1 It shall be the policy of
Council to designate the portion of the Plan area that is serviced with central
water and sewer in the Central Richmond Planning Area, “Village General”, as
shown on the Generalized Future Land Use Map, Map 1.
Policy 1.2 It shall be the policy of Council to establish in the
Land Use By-law a Village Residential (VR-1) zone and a Village General (VG-2)
zone that will be used to implement the Village General designation.
Policy 1.3 It shall be the policy of
Council to permit the following and similar types of uses within the Village
Residential (VR-1) zone which are identified but not limited to, any
residential (including mobile homes with a minimum end width of 14.0 feet),
commercial, institutional, or recreational use subject to the following additional
provisions: Multiple Dwellings in excess
of three dwelling units and Tourist Cabin developments shall be permitted by way
of Development Agreement in accordance with the Land Use By-law and Policy A-5
of this Municipal Planning Strategy.
Policy 1.4 It shall be the policy of
Council that campgrounds, Mobile Home Parks and all Industrial uses shall be
prohibited from the Village Residential (VR-1) zone.
Policy 1.5 It shall be the policy of
Council to permit the following and similar types of uses within the Village
General (VG-2) zone which are identified but not limited to, any residential (including
mobile homes with a minimum end width of 14.0 feet), commercial, institutional,
or recreational use subject to the following additional provisions: Multiple Dwellings in excess of three
dwelling units, Tourist Cabins, Campgrounds, Mobile Home Parks and all Medium-intensity
Industrial uses shall be permitted by way of Development Agreement only, in
accordance with the Land Use By-law and Policy A-5 of this Municipal Planning Strategy.
Policy 1.6 It shall be the policy of
Council to establish development standards in the Land Use By-law that will be
used to provide for orderly development within the Plan Area. The By-law shall
set out requirements for such things as lot size, yard requirements, height
restrictions and parking. These standards shall apply to all development but
different standards may apply to different types of development depending on
the sites being serviced or unserviced.
Policy 1.7 It shall be the policy of
Council to establish within the Village General designation, parking standards
for multiple unit dwellings of four or more dwelling units that are higher than
the standard for dwellings with three or fewer dwelling units. This will permit additional parking spaces
for visitor parking or in the event that a tenant has more than one automobile.
Policy 1.8 It shall be the policy of Council to establish a
minimum separation distance between grouped multiple units and row house
dwellings within the Village General designation.
Policy 1.9 It shall be the policy of Council to limit the number of dwelling
units in a row house to six within the Village General
designation.
Policy 1.10 It shall be the policy of
Council to require, in the case of a building containing four or more outdoor
parking or service areas, that these areas shall be screened by landscaping or
opaque fencing.
Policy 1.11 It shall be the policy of
Council to require that outdoor garbage or refuse containers servicing multiple
residential, commercial, and industrial uses be screened from the street and
from adjacent property owners by a garbage enclosure.
Policy 1.12
It shall be the policy of Council that heavy
industrial uses
including biosolid spreading, storage and sludge processing shall be
prohibited in the Village General Designation.
Policy 1.13 It shall be the policy of Council that a special
setback requirement will be required to separate all uses from the high water
mark of Lower River and the Basin, except for the properties listed in
Appendix G in the Land Use By-law.
(1)
Mobile
Home Parks in the
Village General (VG-2) zone
Mobile Homes traditionally
have formed part of the housing stock in the Central Richmond Plan area. In
addition to being permitted uses on individual lots, Mobile Homes may also form
a cluster arrangement on one lot and be classified as a Mobile Home Park in
accordance with the Land Use By-law and the Richmond County Mobile Home Park
By-law.
Policy 1.14 It shall be the policy of Council to consider approval
of a Mobile Home Park within the Village General (VG-2) zone by way of a
Development Agreement, in accordance with the Land Use By-law, the Richmond County Mobile Home Park By-law and Policy A-5 of
this Planning strategy. In considering such a Development Agreement, Council
shall have regard to the following:
1) the development will be served by centralized water and
sewer services, the cost of which will be borne by the developer;
2) the development will not strain the capabilities of the
existing services or the extension of existing services;
3) any extension of the mobile home park will not negatively
affect the level or quality of services in any existing portion;
4) the landscaping and buffering provisions between the
proposal and adjacent land uses is such that it will protect the privacy, and
minimize the adverse affects between uses;
5) the landscaping and buffering provisions from the public
road to which it has access is such that adverse effects will be minimized;
6) the impact of the mobile home park on external traffic
circulation patterns is such that the capacity of the existing transportation
network will not be strained; and,
7) there is adequate on-site recreational open space suitable
in extent and design to the nature of the development.
Policy 1.15 It shall be the policy of Council to permit more than
one main building on a lot for the purposes of creating a Mobile Home Park in the Village General
(VG-2) zone.
Policy 1.16 It shall be the policy of Council to require
landscaping and buffering between the mobile home park and other uses to
minimize any potential land use conflicts.
Policy 1.17 It shall be the policy of Council to regulate the
external appearance of mobile homes by requiring that skirting be installed to
screen the undercarriage of the mobile home from the street.
(2) Tourist Cabins and Campgrounds
Policy 1.18 It shall be the policy of Council
to permit Tourist Cabins and
Campgrounds by way of Development Agreement in accordance with the Land
Use By-law and Policy A-5 of this Municipal Planning Strategy.
(3)
Farm Buildings, Barns, Horse Stables and
Kennels
Policy 1.19 It shall be the policy of Council to permit existing
farm buildings, barns, horse stables and kennels only within the Village
General designation.
2.
The Rural Community
The
rural community, designated as “Rural General”, is comprised of the communities
that lie outside the Evanston/Whiteside areas. In this designated area, residences
are serviced with on-site water and sewer systems, requiring that lot sizes be larger
than they are in the Village Community. Frontage requirements for lots in this
designation are more representative of rural development patterns. Therefore,
frontage requirements reflect the standard for lot frontages in rural locations
as set out in the Richmond County Subdivision By-law. In this designation, as with
most development that lies outside of areas serviced by centralized water and
sewer, there is a specific reliance on Department of the Environment
approvals.
Within the Rural General designation two zones have
been created -- the Rural Residential (RR-1) zone and the Rural General (RG-2)
zone. The intent underlying the policies
in the Rural General designation is to provide a wide range of permitted land
uses with some restriction on the location of medium industrial uses.
The Rural Residential (RR-1) zone which is located
along a large portion of Lower River and the Basin, permits medium intensity
industrial uses by way of Development Agreement only and in accordance with Land
Use By-law which regulates lot size, lot areas, and required setbacks, among
other conditions. Alternatively, the Rural General (RG-2) zone permits the
location of medium
intensity industrial uses “as of right”.
All forms of residential, commercial, recreational, institutional
and medium intensity industrial uses are permitted in the Rural General designation
with the following restrictions: medium-intensity
industrial uses are permitted in the Rural Residential (RR-1) zone by way of a
Development Agreement. In the Rural Residential (RR-1) zone and
the
Rural General (RG-2) zone, Mobile Home Parks, Campgrounds and Tourist Cabin Developments
are permitted by
way of Development Agreement. Heavy industrial uses are prohibited in all Plan
areas including biosolid spreading, storage and sludge processing. In addition,
with the exception of properties listed in Appendix “G”, a special requirement
for all uses located along the watercourse has been imposed which requires that
all uses be setback from the high watermark.
Additionally, in accordance with the Provincial
Policy Statement regarding Drinking Water, all uses deemed to produce a
potential adverse effect to the Landrie Lake Water Supply area are also
prohibited (the boundary of this area is shown on the Generalized Land Use Map,
Map 1).
B
Rural General Policies
Policy 2.1 It shall be the policy of Council to designate the portion
of the Plan area that is not serviced with central water and sewer in the Central
Richmond Planning Area, “Rural General”, as shown on the Generalized Future
Land Use Map, Map 1.
Policy 2.2 It shall be the policy of
Council to establish in the Central Richmond Land Use By-law a Rural
Residential (RR-1) zone and a Rural General (RG-2) zone that will be used to
implement the Rural General designation.
Policy 2.3 It shall be the policy of
Council to permit the following and similar types of uses within the Rural
Residential (RR-1) zone which are identified but not limited to, any residential
(including mobile homes), commercial, institutional, recreational or medium-intensity
industrial use, subject to the following restrictions: tourist cabins, campgrounds,
mobile home parks and medium-intensity industrial use may be permitted by Development
Agreement in accordance with the Land Use By-law and Policy A-5 of this
Municipal Planning Strategy.
Policy 2.4 It shall be the policy of
Council to permit the following and similar types of uses within the Rural
General (RG-2) zone which are identified but not limited to, any residential, commercial,
institutional, recreational use or medium-intensity industrial use.
Policy 2.5
It shall be the policy of
council to prohibit all heavy industrial uses including biosolid spreading, storage
and sludge processing in the Rural General Designation of the Central Richmond Plan
Area.
Policy 2.6 It shall be the policy of
Council to establish development standards in the Land Use By-law which will be
used to provide for orderly development within the Plan Area. The By-law shall
set out requirements for such things as lot size, yard requirements, height
restrictions and parking. These standards shall apply to all development but
different standards may apply to different types of development depending on
the sites being serviced or unserviced by centralized water and sewer.
Policy 2.7 Multiple dwellings in excess of four dwelling units may be
permitted by way of Development Agreement in accordance with the Land Use
By-law and Policy A-5 of this Municipal Planning Strategy.
Policy 2.8
Within the Rural General Designation,
parking standards for multiple unit dwellings of four or more dwelling units
will be higher than the standard for dwellings with three dwelling units or
less. This will permit additional parking spaces for visitor parking or in
cases where a tenant has more than one automobile.
Policy 2.9 In the case of a building
containing four or more outdoor parking or service areas shall be screened by landscaping
or opaque fencing.
Policy 2.10 It shall be the policy of Council, except for the
properties listed on Appendix “G” in the Land Use By-law, that a special
setback requirement will be required to separate all uses from the high
watermark of Lower River and the Basin.
(1) Mobile
Home Parks in the
Rural General Zone
Mobile Homes are considered
to form an important residential housing component in the unserviced portion of
the plan area. As such, a single Mobile Home is a permitted use on an individual
lot. However, Mobile Homes may also be
located on a larger individual lot in a cluster formation as a Mobile Home
Park, in accordance with the Land Use By-law and the Richmond County Mobile
Home Park By-law.
Policy 2.11 It shall be the policy of Council to consider
approval of a Mobile Home Park within the Rural General designation by way of a
Development Agreement in accordance with the Land Use By-law, the Richmond
County Mobile Home Park By-law and Policy A-5 of this Planning Strategy. In considering such a Development Agreement,
Council shall have regard to the following:
1) the development will be served by centralized water and
sewer services, or will receive approval from the Department of Environment and
Labour for an on-site system able to accommodate the proposed development:
2) all costs will be borne by the developer;
3) the development will not strain the capabilities of the
existing services or the extension of existing services;
4) any extension of the mobile home park will not negatively
affect the level or quality of services in any existing portion;
5) the landscaping and buffering provisions between the
proposal and adjacent land uses is such that it will protect the privacy, and
minimize the adverse affects between uses;
6) the landscaping and buffering provisions from the public
road to which it has access is such that adverse affects will be minimized;
7) the impact of the mobile home park on external traffic
circulation patterns is such that the capacity of the existing transportation
network will not be strained; and,
8) there is adequate on-site recreational open space suitable
in extent and design to the nature of the development.
Policy 2.12 It shall be the policy of Council to permit more than
one main building on a lot for the purposes of creating a Mobile Home Park in the Rural Residential
(RR-1) and Rural General (RG-2) zones within the Rural General designation.
Policy 2.13 It shall be the policy of Council to require
landscaping and buffering between the mobile home park and other uses to
minimize any potential land use conflicts.
Policy 2.14
It shall be the policy of Council to regulate the
external appearance of mobile homes by requiring that skirting be installed to
screen the undercarriage of the mobile home from the street.
(2) Tourist Cabins and Campgrounds
One of the guiding principles of the Central Richmond Plan is to
encourage tourism through commercial and recreational activities by permitting tourist
cabins and campgrounds in the Rural Residential and Rural General designations.
These uses are subject to Department of Environment and Labour approval.
Policy 2.15 It shall be the policy of Council to
permit Tourist Cabins and Campgrounds
subject to Development Agreement, in accordance with the Land Use By-law and Policy
A-5 of this Planning Strategy.
Policy 2.16 It shall be the policy of
Council to consider an amendment to this Municipal Planning Strategy and Land
Use By-law from the Rural General designation to the Village General
designation if at any time in the future, full or partial municipal services
are extended to the Rural Residential designation as per the criteria to amend
the Land Use By-law Policy A-4 of this Municipal Planning Strategy.
(3)
Landrie
Lake Watershed
In accordance with the Statement of Provincial
Interest Regarding Drinking Water, all uses deemed to have an adverse effect on the Landrie
Lake Watershed will be prohibited.
Policy 2.17 It shall be the policy of Council to prohibit all uses deemed to
have an adverse effect on the Landrie Lake Watershed.
Policy 2.18 It shall be the policy of Council, except for the
properties listed on Appendix “G” in the Land Use By-law, that a special
setback requirement will be required to separate all uses from the high
watermark of Lower River and the Basin.
CHAPTER 3 – SERVICES
1.
Municipal Services
A.
Municipal Water and Sewer
The
village of Evanston and portions of Whiteside are served by a central
water and sewerage system that was installed in the early 1970's. The source of
supply for the water system is the Shannon Lake Watershed, approximately 10 km
from the community. Water flows by gravity to a reservoir and in turn, from the
reservoir to the distribution system. The distribution system consists of mains
varying in diameter from 10 inches to 1 inch.
The
Evanston Sewerage System is comprised of two sewage pumping stations,
approximately 9000 feet of sewer main piping, 36 utility holes and a sewage
treatment plant. The system currently serves approximately 80 households. The
sewage treatment plant consists of a small concrete head works chamber, a steel
aeration chamber and clarifier unit, trickling filter and chlorine contact
chamber. The plant is more than 30 years old.
The non-serviced portions of the Plan areas are serviced through on-site well
and septic systems. The Grantville area is exploring the option of a Wastewater
Management District to address concerns about malfunctioning on-site systems.
Policy 3.1 It shall be the policy of Council to encourage
infilling of vacant land so that the Municipal Water and Sewerage Systems can
be better utilized.
Policy 3.2 It shall be the policy of Council to explore and,
where possible, encourage the implementation of Waste Water Management
Districts as an alternative to centralized sewage treatment systems.
2.
Protective Services
A. Police Protection
The RCMP provides police protection
for Richmond County, including the Central Richmond
Plan Area. Detachments are located in
Arichat, Port Hawkesbury and St. Peter’s.
Policy 3.3 It shall be the policy of Council to
continue providing police protection to the residents of the Central Richmond
Plan Area.
B. Fire Protection
The Central Richmond Plan Area is served by two Fire
Departments. With 26 personnel, the West Bay Road Volunteer Fire Department
services the settlements of Cleveland, Grantville, Hureauville, south to and
including Lower River Inhabitants. The 23-member Louisdale Volunteer Fire
Department services the remainder of the Plan area.
Policy 3.4 It shall be the policy of Council to continue
supporting the West Bay Road and Louisdale Volunteer
Fire Departments by providing fire protection to the residents of the Central
Richmond Plan Area.
Policy 3.5 It shall be the policy of
Council to hold annual discussions with the officials of the Louisdale
Volunteer Fire Department. These discussions shall include but not be limited
to the needs of the department with respect to both manpower and equipment.
C.
Health Care
The primary health care facility
for residents of the Central Richmond Plan Area is the Strait-Richmond Hospital in Evanston on Route 104, west of Isle Madame.
Policy 3.6 It shall be the policy of Council to
support the principle of community-based health care.
3.
General Policies
A. Public
and Private Utilities
Utility companies provide an essential service and often are faced with
having to locate equipment or transmission lines throughout all sectors of the
community. As with other plan areas within the community, Council does not wish
to place undue hardship on these utility companies; therefore, utility
companies will be permitted within all zones in the Plan Area. Further, these
utility companies will be exempt from the regulations of the by-law.
Policy 3.7 It shall be the policy of Council to permit public
and private utilities in all zones within the Plan Area, and to require a
development permit to be issued for each use.
B. Government
Buildings
and Facilities
Government Buildings and Facilities also provide
essential services. As is the case with public and private utilities within the
community, Council does not wish to place undue hardship on the locations of Government Buildings and facilities. Therefore, these
uses will be permitted in all zones within the Plan Area and further, they will
be exempt from the regulations of the by-law.
Policy 3.8 It shall be the policy of Council to permit Government Buildings and Facilities in all
zones within the Plan Area.
Policy 3.9 It shall be the policy of Council to permit the
creation of a by-law that exempts Government Buildings and Facilities from Land Use
By-law regulations.
B. Parking
Off-street parking space is
abundant in Central Richmond. In light of this situation, Council is of the
opinion that provisions should be contained in the Land Use By-law requiring
individual developments to provide on-site parking.
Policy 3.10 It shall be the policy of Council to establish in the
Land Use By-law proper parking standards for all developments within the
Central Richmond Plan Area.
D. Signs
Signage size and location are
not considered issues of primary concern in Central Richmond. Therefore, no controls will
be placed on the size and location of signs at this time. However, if
circumstances change, consideration will be given to amending the Land Use
By-law to include a section pertaining to signage.
Policy 3.11 It shall be the policy of Council to consider at some
future date, amendments to the Land Use By-law, which will establish a requirement
for the appropriate size, number and placement of signs within the Plan
Area.
E. Subdivision
of lots for Cairns,
Monuments, Wharves, Fish Sheds and other similar uses.
Council is
of the opinion that the erection of monuments, wharves, fish sheds, boat houses
and other similar uses should be exempt from minimum lot requirements within
each zone. Such lots will not be used for human habitation and will not be
eligible for on-site sewage disposal systems. The maximum lot area for such
lots shall be 465 square metres (5,005 square feet).
Policy 3.12 It shall be the policy of Council that the erection
of monuments, wharves, fish sheds, boat houses and other similar uses shall be
exempt from minimum lot requirements within each zone. Such lots will not be used for human
habitation and will not be eligible for an on site sewage disposal system. The
maximum lot area for such lots shall be 465 square metres (5,005 square feet).
F. Private
Roads
The Municipality adopted a Subdivision By-law on September 13th, 1999. Included in this By-law is the provision for
the development of private roads and the ability to subdivide land along these
roads.
Policy 3.13 It shall be the policy of
Council to permit the development of private roads in accordance with the
Richmond County Subdivision By-law.
G.
General Development Standards
The Land Use By-law
contains development standards that pertain to physical development within the
Plan Area. These standards are intended to provide for orderly and safe
development while simultaneously achieving optimum use of the municipal services.
Policy 3.14 It shall be the policy of Council to establish in the
Land Use By-law, the following land or development standards to promote orderly
and safe development:
a)
minimum lot size requirements,
minimum yard requirements and maximum height restrictions for each zone; these standards
may vary from zone to zone;
b)
parking requirements which may vary according to the proposed use of the
land;
c) parking
lot requirements which, for pedestrian and vehicular safely reasons, shall
include provisions with respect to the size, number and location of driveway
accesses and to the deflection of illumination of the parking lot away from
adjacent lands;
d) provisions
respecting temporary buildings, temporary uses and special occasions (festivals
and fairs);
H. Stables, Barns and Kennels
There is a number of uses
related to animals (both farm and domestic) within the Plan Area. To date, these uses (barns, horse stables and
kennels) are not numerous and have had a relatively minor impact on the
serviced and unserviced areas in Central Richmond. However, the introduction of new stables, barns and kennels
into the more densely populated areas of Evanston and Whiteside may become
problematic as a result of negative or unwanted impacts. Therefore, only existing
uses within the Village General designation will be recognized as permitted
uses. As such, no new farm buildings, stables, barns, or kennels will be
permitted within the Village General designation. There will be no limitation
of these uses in the Rural General designation.
Policy 3.15 It shall be the policy of
Council to permit existing farm buildings, barns, horse stables and kennels
only within the Village General designation.
Policy 3.16 It shall be the policy of
Council to permit barns, horse stables, and kennels of any size in the General
Rural Designation.
CHAPTER 4 - IMPLEMENTATION
A.
General
The Municipal Planning Strategy for the Central Richmond
Planning Area is the primary policy document providing the framework by which
the future growth and development of the Plan Area shall be encouraged,
controlled, and coordinated. The policies of the Strategy will be implemented
through a variety of means, but generally through the powers of Council as
provided by the Municipal Government
Act, and other statutes as they may apply.
Policy A-1
In addition to employing specific implementation
measures, it shall be the policy of Council to maintain a program of ongoing
planning through its Planning Advisory Committee and Area Advisory Committee.
Such a program may include aspects of public information and participation; and
various further studies respecting such matters as the drafting or revision of
Municipal By-laws which deal with planning issues, and any other issues which
council may suggest.
Policy A-2 It shall be the policy of Council to circulate
applications for amendment of the Land Use By-law and Development Agreement to
the Rural Cape Breton District Planning Commission and provincial government
agencies such as the Departments of Transportation and Public Works and
Environment for their information and comment, as may be required.
B.
Generalized Future
Land
Use Map
The Generalized Future Land Use Map is the most
important map in the Municipal Planning Strategy. It shows desired future land
use within the Plan Area as recommended by the strategy. This map includes the
following designations:
1) Village General which permits low to medium
density residential development, commercial development, home occupations,
recreation/open space uses, institutional uses, medium to low industrial
development in specific locations, public utilities, government buildings and
facilities.
2) Rural General which permits low to
medium density residential development, commercial development, home
occupations, recreation/open space uses, institutional uses, public utilities,
government buildings and facilities.
C. Land Use By-law
The
principal mechanism by which land use policies are implemented is through the
Land Use By-law. The Land Use By-law sets out zones, permitted uses, and
development standards within the zones and in so doing, reflects the policies
of the Municipal Planning Strategy (as required by the Municipal Government Act).
It is not intended that all
land shall be pre-zoned as indicated by the policies of this strategy or as
indicated on the Generalized Future Land Use Map. Rather, in order for Council
to maintain a high degree of control over future development, initial zoning
provisions are comparatively restrictive. Development proposals not permitted
in the initial zoning will be processed as amendments to the zoning map.
However, such amendments will be granted only if they meet the guidelines found
within this Municipal Planning Strategy.
D.
Amending the Land Use By-law
The Central
Richmond Planning Area Land Use By-law is designed to implement this Municipal
Planning Strategy, and it is expected that the By-law may be amended from time
to time, although in conformity with the Planning Strategy. Examples of
situations which may require amendments to the Land Use By-law include:
1) a request by an individual to have the By-law amended; (eg. A
mapping amendment or text amendment)
2) a motion by a member of Council to amend the By-law; or
3) a change in the strategy
Should Council consider amending the Land Use By-law,
it must fully examine the implications of the change and the amendment must
comply with all other legal requirements as set out in the Municipal Government Act.
Policy A-3 In considering amendments to the Land Use By-law it
shall be the policy of Council to:
a) request a report from the Rural Cape
Breton District Planning Commission;
b) consideration of the report prepared by
the Planning Commission by the Planning Advisory Committee and the Area
Advisory Committee with respect to Policy A-4 (Criteria for Amendment to the
Land Use By-law), and any other policies of this strategy which affect the
proposed amendment or development agreement (Policy A-5);
c) refer the matter to the appropriate
government departments (as identified in this strategy) where special expert
advice is required;
d) comply with all legal requirements
concerning amendments to the Land Use By-law as set out in the Municipal
Government Act; and
e) require the applicant to pay the cost for
advertising with respect to public notice as provided for in the Municipal
Government Act.
E.
Criteria for Amendment to the Land Use
By-law
Policy A-4 In considering amendments to the Land Use By-law, in
addition to all other criteria as set out in various policies of this strategy,
Council shall have regard to the following matters:
a) That the proposal is in conformity with
the intent of this strategy;
b) That the proposal is not premature or inappropriate by
reason of:
i) the
financial capability of the Community to absorb any costs relating to the
development;
ii) the
adequacy of sewer services and utilities or if services are not provided, the
adequacy of physical site conditions for private on-site sewer and water
systems;
iii) the adequacy and proximity of school,
recreation, and any other community facilities;
the adequacy of
road networks in, adjacent to, or leading to the development;
iv) the potential for the contamination of water courses or the
creation of erosion or sedimentation.
c) That adequate requirements are contained
in the Land Use By-law to reduce conflict between the development and any other
adjacent or nearby land use by reason of:
i) type
of use;
ii) emissions
including air and water pollutants and noises;
iii) height,
setback and lot coverage of the proposed building;
iv) access
to and egress from the site and parking;
v) open
storage;
vi) signs;
vii) similar matters of planning concern.
viii) suitability of the proposed site in terms of
steepness of grades, and/or location of watercourses is based on appropriate
technical advice.
F.
Development Agreements
The
following condition shall apply as deemed necessary when entering into a
Development Agreement, in accordance with the Municipal Government Act:
Policy A-5 As a condition for approval of a Development Permit request
for a use other than a permitted use authorized elsewhere in this Strategy, it
shall be the intention of Council to require the applicant to enter into a
Development Agreement, specifically setting out conditions under which the
development may proceed.
A Development Agreement
shall not require an amendment to the Land Use By-law but shall be binding upon
the property until the agreement or part thereof, is discharged by Council. In
considering Development Agreements, in addition to all other criteria as set
out in various policies of this Strategy, Council shall have regard to the
following matters:
That the proposed agreement
is in conformance with the intent of this Municipal Planning Strategy and the
requirements of all other Municipal By-laws and regulations.
Further
that the proposal, which is subject to the Development Agreement, is not
premature or inappropriate by reason of:
i) the financial capability of the Municipality to absorb any
costs related
to the development;
ii) the adequacy of the physical site conditions for private
on-site sewer
and water systems;
iii) the adequacy of the street or road networks, adjacent to and
leading
to the development;
iv) the adequacy of municipal fire protection, service and
equipment;
v) the inability to satisfy conditions as required by the
Department of
Environment, where considered appropriate;
vi) the adequacy of the physical site conditions to protect
areas where
species are deemed to be at risk, in accordance with
guidelines
established by the Nova
Scotia Department of Natural Resources
Further that controls are
placed on the proposed development to reduce conflict with any adjacent or
nearby land uses by reason of:
i) the type of use;
ii) the height, bulk and lot coverage of any proposed building
or structure;
ii) traffic generation;
iv) access to and egress from the site and the distance of these
from street intersections;
v) parking;
vi) landscaping;
vii) open storage;
viii) signs;
ix) hours of operations;
x) maintenance of any building(s) and property;
and
xi) any other relevant matters of planning
concern;
xii) the suitability of the proposed site with
respect to steepness of grades,
soil and for geological conditions, and to the
relative location of
watercourses, marshes, swamps, or
bogs;
xiii) the terms of the agreement provided, as
appropriate for the discharge of
the
agreement or parts thereof upon the successful fulfillment of its
terms.
Council may require that
any or all of the following information be submitted by the developer with
respect to any proposed development which is to be the subject of a Development
Agreement under the appropriate sections of the Municipal Government Act:
A site plan showing the
following information:
1. the physical and environmental characteristics of the
proposed site including information regarding topography, contours, elevations,
dimensions, natural drainage, soils, existing water courses, vegetative cover,
size and location of lands;
2. the proposed location, height dimensions and use of all
buildings or structures proposed to be built or erected on the lands;
3. the type and amount of site clearing required, if any, and
provisions proposed for good site drainage and servicing with water and sewage
disposal;
4. information as to the hours of operation;
5. information as to the architectural design, scaled plans,
profiles, grade elevations and cross sections;
6. information as to the provisions for an appropriate natural
buffer strip and maintenance of the natural buffer strip;
7. such further information as Council may require in order to
properly assess the compliance with other policies in the strategy.
G. Action
Not Requiring a Strategy Amendment
Policy A-6 Areas immediately adjacent
to a given land use designation on the Generalized Future Land Use Map may be
considered for rezoning to a use which is similar in nature to the given
designation without requiring an amendment to this strategy, provided that the
intention of all other policies of the strategy are satisfied.
H. Development Officer
Policy A-7 In accordance with the
Municipal Government Act it shall be the policy of Council to continue the
services of the development officer of the Rural Cape Breton District Planning
Commission who shall administer the Land Use By-law and shall, where appropriate,
grant development permits.
I.
Variances from the By-law
Policy A-8 In addition to the general powers granted in the
Municipal Government Act, the Act also empowers the development officer to
grant “variances” from the Land Use By-law. Specifically, the development
officer may vary the percentage of land that may be built on, the sizes of
yards, courts and other open spaces, lot frontage, and lot area. Should the
development officer grant a variance he/she must serve notice of this action in
accordance with the Municipal Government Act, and his/her action may be
appealed to Council by anyone served with such notice.
J.
Subdivision
Control
Subdivision in the County of Richmond is presently controlled by
a Subdivision By-law adopted by Council on September
13th, 1999. The By-law applies to all subdivision of land within the
County. At present the By-law contains the provision which allows for the
creation of private roads.
Policy A-9 It shall be the policy of Council through the
development officer to administer the Subdivision By-law.
K.
Other Municipal By-laws
Policy A-10 It shall be the policy of Council to review from
time to time and, when necessary, to amend its Municipal Building By-law (Provincial
Building Code, 1990), and Unsightly Premises By-law. The Building By-law
regulates the structural requirements for new buildings and the Unsightly
Premises By-law prevents property from becoming unsightly.
L.
Building Inspector
Policy A-11
It shall be the policy of Council, to continue the
services of the Building Inspector employed by the Rural Cape Breton District
Planning Commission, whose duty it will be to enforce the Municipal Building By-law, the Minimum
Standards By-law and the Unsightly Premises By-law.
M.
Strategy Amendments
Policy A-12
Chapters 1 to 4 of
this strategy and all associated maps constitute the official Municipal
Planning Strategy for the Central Richmond Planning Area. An amendment to this
strategy shall be required;
i) where
any policy intent is to be changed;
ii)
where a desired Zoning By-law Map, Schedule A, does not conform to
the Generalized Future Land Use Map;
and can be shown through studies
to be desirable;
iii) where detailed area or functional strategies
are desired to be incorporated
into
this Strategy.
Policy A-13 Strategy amendments shall require
the approval of the Minister of Municipal Affairs and shall be carried out in
accordance with the provisions of the Municipal Government Act.
N.
Action Not Requiring a Strategy Amendment
Areas immediately adjacent
to a given land use designation on the Generalized Future Land Use Map may be
considered for rezoning to a use which is similar in nature to the given
designation without requiring an amendment to this strategy, provided that the
intention of all other policies of the strategy are satisfied.
O.
Strategy Review
In accordance with the Municipal
Government Act, this strategy may be reviewed when either the Minister
of Service Nova Scotia and Municipal Relations or Council deems it necessary,
but in any case, the review shall be commenced within five years from the date
of the coming into force of the planning strategy or the date of the last
review.
|