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TOWN OF NIVERVILLE
By-Law No. ¬¬¬¬¬¬¬¬______________
BEING A BY-LAW of the Town of Niverville
to adopt a Development Plan.
WHEREAS Section 40(2) of The Planning Act provides authority for preparation
of a Development Plan;
AND WHEREAS Section 45 of The Planning Act provides authority for adoption of a Development Plan by By-Law;
AND WHEREAS By-Law ______________ was duly enacted by The Town of Niverville Council on ____________, _______, adopting the Town of Niverville Development Plan;
AND WHEREAS Section 59(1) of The Planning Act requires a periodic review of the Development Plan five years after the coming into effect of the plan;
AND WHEREAS as a result of the five year review process, an amended document has been prepared reflecting recommended changes;
NOW THEREFORE the Council of the Town of Niverville, in meeting duly assembled, enacts as follows:
1. THAT the Town of Niverville Development Plan attached hereto and marked Schedule “A” be and the same is hereby adopted.
2. THAT By-Law no. __________ be repealed.
DONE AND PASSED in Council duly assembled, this ____day of ______________, 2008.
_____________________________
Mayor
_____________________________
Chief Administrative Officer
Read a first time this day of , A.D., 2008.
Read a second time this day of , A.D., 2008.
Read a third time this day of , A.D., 2008.
Certified copy of By-Law No. _____________
given first reading on the ______ day of
_________, 2008.
_________________________________
Chief Administrative Officer
Table of Contents
Part 1: Introduction
1.0 Introduction
1.1 The Planning Context
1.2 Authority of the Development Plan
1.3 Intent of the Development Plan
1.4 Supporting / Background Studies to the Development Plan
1.5 General and Non Conforming Uses
Part 2: General Objectives and Policies
2.1 Introduction
2.2 General Objectives
2.3 General Policies
2.3.1 Hazardous Uses
2.3.2 Heritage Uses
2.3.3 Utililities and Municipal Services
2.3.4 Transportation Policies
2.3.5 Intensive Livestock Operations
Part 3: Residential Areas
3.1 Introduction
3.2 Residential Goals
3.2.1 Objectives
3.2.2 Policies
3.3.3 Types of Housing
3.2.4 Home Occupations
3.3 Institutional Uses
3.3.1 Introduction
3.3.2 Goal
3.3.3 Objectives
3.3.4 Institutional Policies
3.4 Schools, Recreation, Parks and Open Space Uses
3.4.1 Introduction
3.4.2 Goal
3.4.3 General Objectives
3.4.4 Schools, Recreation, Parks and Open Space Policies
Part 4: Commercial Areas
4.1 Introduction
4.2 Goal
4.3 Objectives
4.4 Policies
Part 5: Transitional Area
5.0 Introduction and Goal
5.1 Objectives
5.2 Policies
Part 6: Industrial Areas
6.1 Introduction
6.2 Goals
6.3 General Objectives
6.4 Policies
Part 7: General Provisions
Part 8: Basic Implementation Measures
8.1 Adoption, Review and Amendment
8.2 Zoning By-laws
8.3 Subdivision Approvals
8.4 Development Agreements
8.5 Development Permits
8.6 Devlopment Officer
8.7 Acquisition and Disposal of Land
8.8 Adoption of Other By-laws
8.9 Special Studies and Concept Plans
8.10 Public Works
8.11 Capital Expenditure Program
8.12 Strategic Plans for Economic Development
8.13 Municipal Cooperation
8.14 Interpretation
Part 9: Land Use Policy Map
Map 1: General Land Use Map
Appendix A: Background Studies
PART 1: INTRODUCTION TO THE TOWN OF NIVERVILLE DEVELOPMENT PLAN
1.0 INTRODUCTION
The Niverville Development Plan is the culmination of background studies, public input and a review of The Niverville Basic Planning Statement (1981). This document is intended to guide present and future development within the town. The document is long term in nature and is intended to serve as a general guide for community development. As such, the Niverville Development Plan is representative of the Town of Niverville’s goals, objectives and policies which were adopted by the Council for the purpose of guiding future development and / or redevelopment of all or part of the Town. As much as possible, the Plan has taken into account the over-riding concerns that have been identified within the community. It is the intention of Council to address these concerns through appropriate planning, programs and resulting projects.
Given the ongoing nature of the planning process, this plan is not intended to be a static document, but rather, be open to review and amendment as time and conditions dictate. Provision is made within the Development Plan review process to encourage and enable the community to make adjustments to the goals, objectives and policies that require modifications due to new conditions, unanticipated changes in life-styles or economic opportunity, and evolving community values. It is inherent in the procedures established that there be on-going review through periodic re-evaluation and revision to the Development Plan to adjust to conditions created by constant change. As the Planning Act requires that Council establish a review period, the intent is to re-evaluate the policies in this document every 5 years.
1.1 THE PLANNING CONTEXT
The Town of Niverville is located approximately 55 kilometers south of Winnipeg. Situated in the province’s Eastman Region, the community is also approximately 40 kilometers west of Steinbach, the region’s largest centre. The Town of Niverville is bounded on the north by the Rural Municipalities of Hanover and Ritchot, on the east by the Rural Municipality of Hanover, on the South by the Rural Municipalities of Hanover and Ritchot and to the west by the Rural Municipality by Ritchot. Niverville was founded in 1877 and incorporated as a Town in 1993. Situated within a short distance of the Red River, the Town is surrounded by some of the Province’s best agricultural land as part of the Red River Valley. As a result, Niverville is home to a variety of prosperous economic interests which are primarily agriculturally related.
The Town’s proximity to two urban areas is attractive to both commuters and those who work in the community. The population of the Town has boomed steadily over the past decade reaching an all time high of 2,500, according to the Niverville Community Profile. The population is expected to more than double in the next ten years, with predicted population levels varying from between 5,000 to 10,000. To this end, the Town will be challenged to accommodate this growth and provide the level and quality of services the residents of Niverville have come to enjoy. This document is extremely critical, as the plan anticipates this growth and strives to promote development that will benefit new and existing residents alike.
Map 1: General Land Use Map, showing the boundaries of various land use areas,
transportation routes and any other features, indicates only the approximate
boundaries or locations thereof. Precise boundaries or locations will be established
by the Zoning By-law.
1.2 AUTHORITY OF THE DEVELOPMENT PLAN
Provisions of the Planning Act establish the authority for the preparation and adoption of a Development Plan. A Development Plan is a statement of objectives and policies written and designed to promote the orderly physical, social, economic and environmental developments within individual municipalities, towns, cities and planning districts accompanied by appropriate mapping.
1.3 INTENT OF THE DEVELOPMENT PLAN
The Development Plan is intended to provide guidelines for the conservation and use of the community’s resources and for the orderly and economic development of the Town. The text sections of the Plan consist primarily of development objectives and policies, supported by Maps. Developments that are compatible with the spirit and intent of the development plan can be given further consideration. Development proposals not in conformance with the Development Plan will require an amendment to the plan prior to further consideration.
The day-to-day decisions of Council will be based on the goals and objectives of the Development Plan. This will reduce uncertainty in both the public and private sectors with respect to the future development of land and will ensure that the timing of such development coincides with the progressive provision of public services.
1.4 SUPPORTING / BACKGROUND STUDIES TO THE DEVELOPMENT PLAN
Formulation of the Town of Niverville Development Plan was preceded by a review of the Niverville Basic Planning Statement, preparation of Background Studies, as well as public consultation conducted by the University of Manitoba, Department of City Planning Program, which:
1. Provided an information base for analysis by Council and the citizens as a whole to enable discussion to take place from a common point in formulating goals, policies and proposals for the Development Plan.
2. Indicate areas where there appeared to be weaknesses that could be corrected by community action and appropriate policy direction.
3. Suggest, for discussion, proposals and alternatives that could lead to improvements in the Town.
All supporting background studies to this Development Plan have been attached
to this document as Appendix “A”.
1.5 GENERAL AND NON CONFORMING USES
In general, where land is designated or described in the plan and differs from the existing use, the property may be zoned in the Zoning By-law to reflect its existing use. Any subsequent land use change shall be in conformity with the Plan.
PART 2: GENERAL OBJECTIVES AND POLICIES
2.1 INTRODUCTION
This section of the Development Plan outlines the general objectives and policies that apply to The Town of Niverville.
2.2 GENERAL OBJECTIVES
1. To prepare and adopt a development plan a user-friendly document that ensures
the use and development of land is consistent with the future vision of the
community.
2. To promote the concept of a compact urban form and mixed land uses in addition
to traditional modes of development typical of a community the size of Niverville.
3. To encourage community economic development initiatives which would contribute
to a vibrant downtown and healthy neighbourhoods that utilize the land base
in a manner that contributes positively to the physical, social and economic
vitality of the Town of Niverville.
4. To promote and diversify commercial, industrial, recreational and tourism
development as viable and vital components of the Town economy.
5. To ensure that land use and development conflicts are minimized to the fullest
practical extent within the Town as well as with neighbouring municipalities.
6. To minimize risks to people and property associated with natural hazards
such as flooding or erosion through the establishment of suitable infrastructure
and restricting the type of uses that would be negatively impacted.
7. To provide a suitable policy framework to enable Council to be responsive
to Town needs in making sound, principled decisions for well planned, orderly
and sustainable development.
8. To ensure that a full mix of housing types is provided for, including low
income housing, higher density housing in addition to conventional single family
dwelling development.
9. To preserve and enhance areas of scenic value, recreational potential, historic
and cultural significance.
10. To provide a measure of protection for investments in public and private
infrastructures, including utilities, access to a potable water supply and wastewater
management, transportation networks and provide for the provision of services
necessary to sustain efficient functioning of the Town including garbage collection
/ disposal, recycling / waste minimization, maintenance of parks, open spaces
and recreational areas.
11. To encourage the provision of alternate modes of transportation, including
walking, cycling and eventually, should the need arise, public transportation
by the inclusion of these concepts in proposed developments.
2.3 GENERAL POLICIES
2.3.1 HAZARDOUS USES
1. Hazardous uses refer to facilities or developments, exclusive of railways
and highways, which manufacture, handle, store or distribute hazardous materials.
These uses should be separated from buildings used for human occupation.
2. The zoning bylaw shall include the requirement where a potentially hazardous
use is proposed, information may be required relating to the nature of any potential
discharges, the nature of outside storage, the compatibility of surrounding
land uses, and plans for buffering such activities from adjacent uses and human
activities in addition to permits that may be required from the appropriate
government department /agency.
2.3.2 HERITAGE RESOURCES
1. Where heritage resources have been identified and are in the process of receiving municipal or provincial heritage designation, these shall be protected from incompatible or potentially incompatible land uses.
2. To the extent possible, the development, designation and preservation of heritage resources shall be coordinated with other heritage and recreational resources in adjacent jurisdictions to maximize interpretive and tourism potential.
3. Where significant area heritage resources form part of an area proposed for subdivision, these shall be captured and enhanced as part of any development.
2.3.3 UTILITIES AND MUNICIPAL SERVICES
1. Essential activities of government, including public and private utilities,
shall be allowed in any land use designation subject to requirements in the
subsequent Zoning By-law. Special consideration may be given in the Zoning By-law
to reviewing siting requirements for uses that include communications towers
and maintenance compounds to ensure they will not have adverse impacts on adjacent
lands. Such uses should be located and developed in a manner that will minimize
any incompatibility with adjacent areas.
2. Cooperation will be encouraged with affected utility companies to ensure
the economical provision of services, including the establishment of alternate
energy efficient facilities.
3. Existing public and private utility facilities shall be protected from incompatible
or potentially incompatible land uses that may threaten or adversely affect
their operation.
4. Current wastewater facilities have been relocated outside of current Town
boundaries. Should the Town expand at some future date to include these land
areas, potential development in the vicinity of these facilities will be limited
to agricultural, industrial and specific open space or recreational uses not
be adversely affected by exposure to the undesirable effects of these sites.
5. All new developments shall be required to connect to municipally operated
water and / or sewer services at the time of development. The Town shall maintain
the option of having existing uses connect to and participate in funding of
these services.
6. All new developments requiring the construction of sewer and water facilities
will require development agreements. Proponents of developments involving the
construction or alteration / extension of piped water systems or piped wastewater
collection systems must meet the approval and operational requirements of The
Drinking Water Safety Act and The Public Health Act, respectiv0ely. Provincial
approval and operational requirements of the The Drinking Water Safety Act also
apply to individual water supplies for facilities serving the public such as
hospitals, schools or restaurants.
7. Alternative and energy efficient uses will be promoted and encouraged where
possible.
2.3.4 TRANSPORTATION POLICIES
1. To promote a safe, convenient, efficient and economical road transportation
system within the Town of Niverville for the movement of people and goods by
aiming to ensure the nature and location of development takes into account the
availability of suitable transportation facilities and is sensitive to the constraints
imposed by the safe and efficient operation of transportation facilities.
2. Development / subdivision should not be permitted in areas identified for highway widening or expansion unless provisions suitable to the province are made to accommodate the future widening or expansion.
3. The Town recognizes the primary function of Provincial Road no. 311 west of Krahn Road and east of Bernat Road, is the high speed movement of traffic and will accordingly limit access in a manner which consolidates local traffic at major points of entry. Consultation will take place with the appropriate government department to ensure that proposed developments are compliant with departmental requirements.
4. The Town shall endeavor to ensure the design and organization of development minimizes disruptions to the flow and to the present or potential capability of the adjoining highway to carry traffic safely and efficiently. To this end, it shall be ensured that local road or street networks associated with new developments are designed to be compatible with both the existing and planned road and street system of the neighbouring areas and development which contributes to the evolution of strip development, with each lot relying on direct access, shall not be permitted adjacent to a provincial highway.
5. Development that may have a detrimental impact on the safe and efficient operation of the provincial highway system shall not be permitted unless mitigative measures, acceptable to Manitoba Infrastructure and Transportation, are incorporated into the development. The cost of any improvements deemed necessary will be the responsibility of the developer / Town.
6. Permission is required from Manitoba Infrastructure and Transportation to drain any water into the highway drainage system. The Department prefers to see no increase in storm flows in the highway ditch system. However, if this is unavoidable, the cost of any revisions required to the existing highway drainage system, which are directly associated with the development, will be the responsibility of the developer.
5. Provisions for adequate parking facilities in the commercial and industrial areas of the Town shall be provided in the Zoning By-law.
2.3.5 INTENSIVE LIVESTOCK OPERATIONS
1. Council recognizes that while there are livestock operations existing within the Town of Niverville, new livestock operations shall not be permitted to establish and existing livestock operations shall not be permitted to expand within any designated areas in the Town of Niverville.
PART 3: RESIDENTIAL POLICIES
3.1 INTRODUCTION
The residential policies in this section deal with two areas within current
Town boundaries. The first area comprises that portion of the town currently
undeveloped with urban type uses, for the most part, in an agricultural use.
As Council considers this area available for urban type uses, rural uses, with
the exception of new livestock development, will be allowed to continue until
such time as the affected area is required or available for residential or other
urban development. The second area comprises that area of the Town currently
developed with residential uses.
The population of the Town of Niverville has increased drastically over the
past fifteen years and this trend is expected to continue. Over the same period,
the number of housing units have also doubled from 475 in 1991 to 835 in 2005.
The majority of these units, representing some 82 %, have been single family.
There is a need to attempt to rationalize this demand in the context of more
compact forms of housing, in addition to the lower density single family type,
in order to meet the overall demand for housing in a sustainable manner.
It is also noted that most of the institutional uses in Niverville have occurred within or adjacent to residential development. This land use is seen as being compatible with residential uses.
This section of the Development Plan outlines the objectives and policies that apply to the Residential designated areas in the Town of Niverville Development Plan. As a subsection, policies applicable to institutional uses are also included within this section as these will be allowed within the residential designation.
3.2 RESIDENTIAL GOALS
To provide for safe, healthy, functional, sustainable and aesthetically pleasing neighbourhoods which meet the housing and community needs of all present and future Niverville residents.
3.2.1 OBJECTIVES
To achieve the goal for residential development, following objectives are identified:
1. To maintain and enhance existing neighbourhood stability and quality.
2. To ensure there is an adequate supply of designated land available to meet the need for a full range of diverse and sustainable housing types for future requirements that meet the needs of all residents.
3. To encourage the design of new residential neighbourhoods based on the principal of good urban design, incorporating green space needs of the community along with necessary infrastructure, including drainage.
4. To ensure the provision and maintenance of services which are supportive of residential development.
5. The creation of a cohesive community identity.
3.2.2 POLICIES
1. Designated areas for residential uses will include all areas currently within the boundary of the Town of Niverville, with the exception of areas identified for COMMERCIAL and INDUSTRIAL development. Areas currently in agricultural use shall be shown on the map as “FUTURE RESIDENTIAL”, as it is Council’s view that these areas are on “hold” for residential development until the Town grows to encompass these areas. Rural uses will be allowed to continue and will be zoned accordingly in the Zoning Bylaw. Should the need to include these areas for residential development become apparent due to expansion, these areas shall be zoned to the appropriate residential designations to accommodate development.
2. The Town shall support the maintenance and protection of existing neighbourhoods as its first priority in meeting its responsibility for housing and community needs.
3. The development of new residential areas should be guided by the following policies:
a. New residential expansion should occur in a contiguous manner.
b. Because of the time required for proper planning and the orderly installation of municipal services, Council will endeavour to have a suitable stock of serviced land available to satisfy housing demands.
c. Priority will be given to the development of lands already serviced with trunk services for infill development. New development shall be encouraged to locate adjacent to these areas so that roads, water and sewer services, power lines and other services can be efficiently and economically expanded.
4. A wide variety of housing types shall form residential developments (see subsection 3.2.3. below) including single-family, duplex, compact single and duplex development, traditional multi family residential such as townhouses, apartments, as all forms of condominium development, including bare land, as well as planned unit developments. The Plan does not identify the allocation of land among these various forms of housing. Specific requirements for these differing residential uses shall be included in the Zoning By-law.
5. Where undeveloped areas are being considered for development, an overall concept plan shall be requested by the Town to include, but not be limited to, the general arrangement of streets, varying forms of residential development, open space and school lands allocation, piped services, drainage plans, including storm water retention areas as well as other features that may be requested by Council.
6. The Town will encourage the planting of trees and other forms of landscaping in residential areas in order to enhance the aesthetic quality of a development.
7. Council may request that the developer enter a development agreement that may include, but not be limited to:
a. The construction / upgrading of municipal infrastructure to uniform standard as set by the Town;
b. The provision of public reserve lands to accommodate open space (recreational) uses such as bike paths, walking trails, public parks, playgrounds and storm retention ponds;
c. Additional services or fixtures that Council deems necessary to maintain the quality of life in Niverville.
8. Background studies to this version of the Development Plan identified potential locations of walking trails that would form an interlinked system with existing development as well as destinations for sites outside the boundaries of the Town. As much as possible, proposed developments shall incorporate the establishment of these when planning the allocation of open / public reserve space within a development.
9. All proposed subdivisions of 5 or more lots will require approval from council and a concept plan.
3.2.3 TYPES OF HOUSING
A variety of housing types shall form components of residential development in the Town of Niverville. The follow guidelines will assist the Town as well as potential developers in determining appropriate locations within the RESIDENTIAL areas for the various types of residential uses:
1. Low Density: Low density housing typically consists of single-family detached or semi-detached houses with front, rear and at least one side yard. These areas would have an average density of approximately four to six dwellings per gross acre (gross acre includes public streets and local park areas). Where possible, planning for new low density residential areas should be carried out in the context of a broader conceptual community plan rather than on a piece-meal basis. Such broader plans are intended to help establish the special relationships of the proposed housing to other community elements such as parks and schools, and help determine a hierarchy of streets.
2. Medium Density – single family attached / detached: This type of housing consists of single family units as part of a more compact form of development on smaller lots utilizing the concepts of shared walls and / or zero lot line development schemes. Densities of development in this category would fall between the upper level of low density to medium density associated with multi family structures.
3. Medium Density: Medium density housing typically consists of townhouses, four-plexes and two or three storey (walk-up) apartment blocks at densities up to 20 units per net acre (net acre means land devoted to residential buildings and accessory uses such as parking areas, but excludes land for public streets and parks and non-residential uses).
4. High Density: High density housing refers to multiple-family housing, such as apartment blocks with densities of over 20 units per net acre.
Where higher density development is proposed the Town may request that the developer submit a report which addresses issues of potential conflict, such as traffic impact, when applying for the appropriate land use zoning classification.
3.2.4 HOME OCCUPATIONS
By and large, home occupations should be limited to operations carried on entirely
within the residence in question, run by a permanent resident in the home, carry
limited stock in trade, require no additional parking other than that required
for the dwelling, and carry only a small sign or notice on the site identifying
the business or its operation.
3.3 INSTITUTIONAL USES
3.3.1 INTRODUCTION
Institutional land uses are seen as appropriate in RESIDENTIAL areas as these include those institutional uses already existing or that may be established on currently vacant tracts of land. These may fall within one of the following groups:
1. Medical, educational or religious facilities.
2. Social and cultural establishments, including libraries and community centres.
3. Personal community services such as day care centres, senior citizen centres or the heritage centre.
This subsection to the RESIDENTIAL area outlines the objectives and policies applicable to institutional type development in The Town of Niverville.
3.3.2 GOAL
To provide for existing and future institutional needs in an aesthetically pleasing environment within the Town of Niverville.
3.3.3 OBJECTIVES
1. To ensure the ability to establish institutional uses as needed within areas
designated RESIDENTIAL to meet the institutional needs of the Town.
2. To ensure that institutional uses are developed in a manner harmonious to the environment and in keeping with the residential character of the area.
3.3.4 INSTITUTIONAL POLICIES
The following policies are outlined to guide in the location and development of institutional uses:
1. Council shall encourage neighbourhood-oriented institutional facilities such as schools, churches, day care facilities and the like, to be located within RESIDENTIAL AREAS.
2. Requirements for these uses will be established in the Zoning By-law. Provision shall also be made for the review of the impact on municipal services, traffic flows and surrounding area prior to the development being permitted. Institutional uses shall give due consideration to minimizing adverse impacts on the surrounding residential environment.
3. The design of institutional buildings should be in keeping with the character of the area.
4. Institutional uses shall also be encouraged to locate within the identified
COMMERCIAL and TRANSITION areas (see PARTS 4 and 5).
3.4 SCHOOLS, RECREATION, PARKS AND OPEN SPACE USES
3.4.1 INTRODUCTION
Niverville is ideally situated to connect to a variety of recreational activities, including the Trans Canada Trail, walking paths, skiing trails and pleasure craft trails. It is noted that existing open space areas already accommodate the locations of parks, playgrounds and other facilities. It is also noted that additional areas will be established as part of residential development which will require that open space and school space be dedicated as part of a proposed subdivision. This subsection of the development plan outlines the objectives and policies that will aid the location of open space to correspond to identified trails, etc. as outlined in the Background Studies.
3.4.2 GOAL
To provide space that will enhance year-round active living, a higher quality of life and educational opportunities for Niverville residents.
3.4.3 GENERAL OBJECTIVES
1. To facilitate year-round active living opportunities.
2. To increase availability of land for parks, recreation, open space and schools
as a result of further subdivision within the Town of Niverville.
3. To improve connectivity with adjacent open spaces and provide recreational opportunities.
4. To provide aesthetically pleasing parks and open spaces that will appeal to a wide range of people in the community.
3.4.4 SCHOOLS, RECREATION, PARKS AND OPEN SPACE POLICIES
1. Schools, parks, recreational and open space developments will be directed to areas that are currently or will be established as public reserve areas.
2. Parks and Open Space Areas will be encouraged within the Town of Niverville. These areas will enhance the character and quality of the surrounding areas. The difference between parks and open spaces are:
a. Open Space Areas are considered to be those areas whose size, shape, location or physical characteristics are such that their primary use is restricted to passive activities or visual effects. These include environmental areas, buffer strips separating and providing visual barriers between conflicting land uses, and other incidental amenity areas. Open spaces may be appropriately landscaped or left in a “natural” state.
b. Parks are those open spaces, which are primarily used for accommodating a variety of activities and may include some passive recreational pursuits. In order to be identified as a park, an area would have to be developed as such. Thus, an open space or buffer would not be considered as a park unless designated as such and developed for park purposes.
3. Council shall endeavour to maintain an adequate level of landscaping and
maintenance
to provide safe, hazard free and attractive environments within both the parks
and open space areas.
4. Priority will be given to the development and / or re-development of existing
parks.
PART 4: COMMERCIAL AREAS
4.1 INTRODUCTION
The Town of Niverville has experienced substantial growth over the past decade.
The challenge within designated COMMERCIAL AREAS is to ensure that sufficient
space exists to accommodate commercial growth in a centralized and compact manner.
This section of the development plan outlines the objectives and policies that
apply to the COMMERCIAL AREAS in The Town of Niverville. The Commercial Area
has been divided into two distinct areas, first is the Central Business District
(CBD); the second is the Highway Commercial Area. A unique blend of development
has also evolved within portions of the Highway Commercial Area that incorporate
a mix of commercial and light industrial uses. Policies applicable to this form
of development are also contained within this PART.
4.2 GOAL
Commercial activity within the Urban Areas should be directed to areas along major transportation routes to ensure accessibility, visibility and viability of commercial uses. The goal of these areas is to maintain and enhance diverse, stimulating and economically sustainable Commercial Areas which meet the community’s expectations as the commercial and symbolic heart of the Town.
4.3 OBJECTIVES
The primary objectives of encouraging a strong Commercial Area are:
1. To ensure that the Town retains its role as a regional centre for commercial, cultural and social activities.
2. To provide a central focus for the commercial, civic and community activities within the Town.
3. To provide opportunity for a blend of commercial and high density residential units located above commercial downtown development.
4. To promote that commercial uses be located where there is existing municipal infrastructure or as infill development within the designated areas prior to consideration of new areas.
5. To ensure that adequate space exists for future commercial demand within the Town. Section 5 will provide policies to enhance this objective.
6. To strengthen and enhance the existing commercial area to provide an efficient and attractive commercial centre for the community and its trading area.
4.4 POLICIES
1. A strong and vibrant COMMERCIAL AREA provides the Town with a great deal of status both as a regional centre for the surrounding area and the Town. The economic importance of such this area cannot be overstated. It is imperative to recognize that the importance of the COMMERCIAL AREA stems directly from its centrality and its compact concentration and variety of commercial and institutional activities. Because the resources of the Town are limited by its size, and there are some benefits of scale arising from grouping retail, civic and other commercial functions in close proximity, major commercial and business developments shall be encouraged to remain or locate within the COMMERCIAL AREA.
2. Commercial outlets should be grouped closely together for the convenience of shopping and related activities
3. In order for the COMMERCIAL AREA to continue to form a strong focus for
commercial business development within the Town, the following policies shall
be pursued:
4. As mentioned in section 4.1, the boundaries of the COMMERCIAL AREA are defined
as the core business area (CBA) and the area devoted to HIGHWAY COMMERCIAL development.
These areas are indicated on Map 1.
5. The CBA should continue to be multi-functional in nature and contain:
a. the main retail area of the Town;
b. office buildings;
c. administrative services including government offices and institutional buildings;
d. major social, cultural and recreation facilities; and
e. provision for higher density residential uses.
A full list of allowable uses will be listed in the Zoning By-law.
6. To maintain the aesthetic and physical environment of the CBA:
a. Landscaped boulevards and medians, treed sidewalk areas, and small passive parks should be maintained along the major transportation route and other areas where pedestrian traffic is most concentrated.
b. Beautification programs should be undertaken or continued to give the area a pleasant and attractive appearance through streetscape improvements, the rehabilitation of buildings and upgrading existing building facades.
c. Outdoor signs should continue to be regulated through the Zoning By-law
with respect to appearance, size, projection height and effects on adjoining
properties.
d. The protection of historically important and architecturally significant
buildings shall be encouraged.
e. Adequate parking should be provided and an appropriate sidewalk system maintained
to ensure accessibility to all facilities.
7. HIGHWAY COMMERCIAL areas, as identified along Provincial Road no. 311, are intended for services primarily focused on convenience to the travelling public and be located adjacent to arterial streets and highways, on the outer limits of urban development. Highway commercial areas should be developed in a manner which attempts to achieve a balance between providing safe, convenient access and maintaining reasonable traffic flows along the arterial streets and highways.
8. It is also recognized that the HIGHWAY COMMERCIAL area in the easterly portion of the Town along P.R. no. 311 also includes uses of a light manufacturing nature. Continuation of this trend will be allowed to provide for flexibility for affected business concerns.
9. Allowable uses in this area, along with special provisions recognizing light
industrial uses as a sub category, will be listed in the Zoning By-law.
PART 5: TRANSITIONAL AREA
5.0 INTRODUCTION AND GOAL
The TRANSITIONAL AREA identified in the Town of Niverville has been established
for the purposes of providing for the eventual expansion of the CBA in a compact
manner without impacting the HIGHWAY COMMERCIAL area. It will also provide for
the establishment of a mix of higher density residential uses within walking
distance of this area. Council’s intent is to initially permit small-scale
retail and service outlets intended to meet the daily needs of the immediate
community along with office buildings, educational facilities and institutional
uses that do not conflict with what is now primarily a residential neighbourhood
that will eventually transition to a commercial area. As the mix of uses evolves
to an increased percentage of commercial type uses, consideration will be given
to the conversion to higher level commercial uses. This subsection of the Development
Plan outlines the objectives and policies that apply to the TRANSITIONAL AREA
in the Town of Niverville.
5.1 OBJECTIVES
1. The Primary objectives of the transitional area are to:
a. Provide the Town with the flexibility to encourage a variety of development adjacent to the identified CBA and provide for the eventual expansion of the CBA as a compact development form.
b. Provide for mixed use areas that best serve the needs of the community.
c. To provide for an appropriate blend of commercial and higher density residential uses compatible with the existing residential neighbourhood.
5.2 POLICIES
1. A mixture of small scale commercial and higher density residential uses shall
be allowed to locate within the TRANSITIONAL AREA to provide flexibility to
ensure the economic viability of the Town.
2. The TRANSITIONAL AREA will focus and be directed towards the major transportation
route through town, and shall encompass the area within two blocks extending
north and south of Main Street between the CPR tracks and Fifth Avenue North
and South, as shown on Map 1.
3. The Zoning By-law will recognize and appropriately zone existing uses. Where
a conversion of a residential use is proposed, a rezoning to a compatible commercial
category will be required.
PART 6: INDUSTRIAL AREAS
6.1 INTRODUCTION
The Town of Niverville sees the establishment of industrial uses as a positive impact on the economy of the area and as a source for employment opportunities for residents. There are also a number of industrial uses in existence that have intermixed with highway commercial-like uses in and around the Town of Niverville. The Town has also taken the initiative to creating the Hanville Industrial Park as a joint venture with the Rural Municipality of Hanover. The location of this industrial park is shown as Map 2.
To this end, the Town sees the need to establish an INDUSTRIAL AREA designation to accommodate those industrial uses deemed appropriate and compatible in an urban setting.
Those uses requiring large site areas and more potential impact on adjoining uses will be encouraged to locate within the Hanville Industrial park. This section of the Development Plan outlines the objectives and policies that apply to INDUSTRIAL AREAS in the Town of Niverville.
6.2 GOAL
To provide space that will encourage the establishment of industrial uses appropriate to an urban setting to the benefit of the Town of Niverville.
6.3 GENERAL OBJECTIVES
1. To promote the development of new industries appropriate to an urban setting and encourage the expansion and redevelopment of existing industries.
2. To ensure the development of a safe, attractive and efficient industrial area.
3. To direct new industries to an area that will be economical to service, easily accessible and have the least detrimental effect on the surrounding land uses.
4. Council will attempt direct industrial uses so that light industrial uses can act as a buffer to adjacent uses as well as to heavier industrial uses.
5. Industrial uses that will create conflict with urban area uses will be directed towards Hanville Industrial Park located in the adjacent Rural Municipality of Hanover.
6. To recognize and encourage the emergence of a unique blend of highway commercial and light industrial uses.
6.4 POLICIES
1. Industrial uses shall locate within areas identified on Map 1 as INDUSTRIAL AREA.
2. Residential and Industrial uses shall not be mixed, nor shall individual (new) residences be allowed to be established on lands designated as INDUSTRIAL AREA.
3. Industrial areas shall be readily serviceable by extension of the existing sewer system and shall provide and connect with these services.
4. The inclusion of buffering shall be a requirement of all uses establishing adjacent to non-industrial areas. The proponent shall be required to include such plans, acceptable to Council, as part of any proposed development in these areas.
5. The zoning bylaw shall provide for ranges of land uses appropriate to the
INDUSTRIAL AREA designation.
PART 7: GENERAL PROVISIONS
This part of the Development Plan is an expression of where Council foresees the future development of the Town. It is recognized that a large area west of the CPR tracks was added to the Town boundaries as a result of dyke construction. While a portion of this area has experienced some development, other areas will remain largely un-useable due to drainage problems and may in fact revert to an Open Space type of use. In other instances, some of the land will probably remain in agricultural production, while other areas will remain in current uses because the cost of providing municipal services is not affordable at this time.
To this end, Council sees future development happening north of and contiguous
to existing development in section 31-7-4E. As this area is currently within
the Rural Municipality of Hanover jurisdiction, the Town will be undertaking
future consultation to arrive at a favourable agreement to annex these lands.
PART 8: BASIC IMPLEMENTATION MEASURES
8.1 ADOPTION, REVIEW AND AMENDMENT
Adoption of this Development Plan by the Town of Niverville will give the plan the force of law. Once adopted no development or land use may be carried out within the area affected by the Development Plan that is inconsistent or at variance with the proposals or policies set out in the Plan. The Development Plan should be reviewed periodically and revised if necessary to anticipate and respond to changing conditions within the Town. The Development Plan may be amended at any time when considered appropriate or necessary by Council. The Planning Act provides that a Council can set out a date by which a review of the Development Plan must be completed. It is the intent of Council to carry out a review of the Plan no later than seven (7) years after the effective date of the adoption of this document.
The Land Use Maps attached to this Development Plan are intended to provide the outlines of approximate boundaries of land use designations and / or locations thereof. There may be instances where exact boundaries will be determined by land ownership, for example. In these cases, precise boundaries or locations will be established in the Zoning By-law.
8.2 ZONING BY-LAWS
Following adoption of the Development Plan, the Town is required to enact a Zoning By-law to set out specific regulations for land use and development reflective of the new document. Zoning by-laws designate zones for certain types of uses. Permitted and conditional uses and development standards are prescribed for each zone. A Zoning By-law must generally conform to an adopted Development Plan. The objectives and policies in the Development Plan provide guidance to Council when preparing the Zoning By-law or considering an amendment to the Zoning By-law. If deemed necessary by Council existing uses can be zoned to reflect actual use.
8.3 SUBDIVISION APPROVALS
Proposals involving the subdivision of land for individual or multiple lot development will be subject to a review and approval process, providing an opportunity for development proposals to be evaluated in accordance with the provisions of the Development Plan. A subdivision proposal cannot proceed without the approval of the Town Council and the Provincial Approving Authority. Council and / or the Provincial Approving Authority may attach conditions to a subdivision approval in accordance with provisions of the Planning Act.
8.4 DEVELOPMENT AGREEMENTS
Approval of subdivisions and zoning amendments can be conditional upon a Development
Agreement that protects both the applicant and the Town. A development agreement
on subdivisions would deal with the responsibilities of the applicant and the
Town for the provision of and installation of services to the land in question
and the provision of open space and school lands. A development agreement on
a zoning amendment, on the other hand, may be specific with respect to the use
of the land. The Town may, in accordance with provisions of the Planning Act,
require the applicant to pay certain capital levies and lot fees when subdividing
lots.
8.5 DEVELOPMENT PERMITS
New development generally requires a development permit issued by the Town. Before a permit is issued, proposals should be reviewed to determine their conformance with the Development Plan and the Zoning By-law.
8.6 DEVELOPMENT OFFICER
The Town Development Officer may be authorized to issue development permits, zoning memoranda, non-conforming certificates and other similar documents and allow minor variations to the requirements of a Zoning By-law as per provisions of the Planning Act.
8.7 ACQUISTION AND DISPOSAL OF LAND
The Town may acquire an interest in land or sell, lease or otherwise dispose of land for the purpose of implementing provisions of the Development Plan.
8.8 ADOPTION OF OTHER BY-LAWS
The Town has the capability to adopt and administer other By-laws concerning the use, development of land, such as the adoption of a Building By-law and secondary plans.
8.9 SPECIAL STUDIES AND CONCEPT PLANS
Proponents may be required to undertake and submit special studies as part of the approval process for certain development proposals. Engineering or other professional studies may be required for development proposed for lands affected by flooding hazards, endangered species, potential for groundwater or surface water pollution, and general risk to health and the environment. Additionally, and depending on the nature of a proposed development, a traffic study may be required to identify any potential impacts on both the Town road system and the Provincial Highway system. Detailed concept plans may also be required for urban lands to direct the location and timing of development as well as addressing servicing provisions and proposed lot structure.
8.10 PUBLIC WORKS
The capital works program and public improvements of the Town should conform to the policies set out in this Development Plan. This is an important implementation tool since the Town may influence the rate and direction of growth through the provision of municipal services to land.
8.11 CAPITAL EXPENDITURE PROGRAM
Council should consult the Development Plan to ensure consistency when revising
annual capital expenditure programs.
8.12 STRATEGIC PLANS FOR ECONOMIC DEVELOPMENT
As outlined in the Municipal Act, the Town may adopt a strategic plan for economic development. Strategic plans should be consistent with the Development Plan. It is also recommended that existing or proposed community vision statements and action plans prepared as part of the community round table process be taken into account to ensure consistent objectives, policies and programs.
8.13 MUNICIPAL COOPERATION
Implementation of the development plan may benefit from or require cooperation between one or more municipalities. Provisions of the Municipal Act provide for tax sharing agreements, service sharing agreements and cost sharing agreements between municipalities.
8.14 INTERPRETATION
Words and expressions used in this development plan have the meanings ascribed to them in Provincial Land Use Policies and the Planning Act, unless the context requires otherwise.