Acts and Regulations

92-55 - Saint David Local Service District Basic Planning Statement Adoption

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NEW BRUNSWICK
REGULATION 92-55
under the
Community Planning Act
(O.C. 92-328)
Filed April 24, 1992
Under section 77 of the Community Planning Act, the Lieutenant-Governor in Council, on the recommendation of the Minister, makes the following Regulation:
2000, c.26, s.68
1This Regulation may be cited as the Saint David Local Service District Basic Planning Statement Adoption Regulation - Community Planning Act.
2That area of land within the boundaries of the Saint David Local Service District in Saint David Parish, Charlotte County, as indicated on the map attached as Schedule A is designated for the purpose of the adoption of a basic planning statement and is the area to which this Regulation applies.
3The Saint David Local Service District Basic Planning Statement contained in Schedule B is adopted for the Saint David Local Service District as indicated on the map attached as Schedule A.
SCHEDULE B
SAINT DAVID LOCAL SERVICE DISTRICT BASIC PLANNING STATEMENT
 
GENERAL INFORMATION
The Saint David Local Service District, as shown on the map attached as Schedule A, is located in the parish of Saint David and covers an area of 197.0 square kilometres. It borders on the eastern boundary of The Town of St. Stephen and on the Digdeguash River.
Existing Land Uses
The majority of the land in the Saint David Local Service District is rural in nature, consisting of uses associated with agriculture, forestry, small industry, residential uses and service related commercial uses such as grocery stores, machine shops, appliance shops and repair shops. The industrial uses are scattered throughout the Saint David Local Service District rather than being concentrated in any particular area. Most of the uses are compatible with each other and their co-existence does not create conflicts among the owners and the residents.
A public questionnaire was distributed among the residents of the Saint David Local Service District. The responses from residents in rural areas indicate a demand for ballfields and more community centres in the rural areas. Most residents expressed satisfaction with the present fire and police protective services. The recent upgrading of the communication systems should improve response times to rural areas. Response times will be further improved with the construction of the bypass truck route being proposed by the Minister of Transportation, which will be located within the potential corridor as shown on the map attached as Schedule A.
Water and Sewage
The Saint David Local Service District is serviced by individual wells and septic disposal systems. These systems work well if they are properly installed and maintained and the densities in the systems do not become too great. Officials from the Department of Health and Community Services have reported isolated incidents of sewage problems because a sewage system has broken down or because a sewage system was never installed and raw sewage lines were taken directly to ditches or streams.
Many of the rural residents in the Saint David Local Service District have taken advantage of the Residential Rehabilitation Assistance Program, which provides assistance for homeowners whose residences are at least five years old and are in need of upgrading. Many residents have had new septic disposal systems installed under the program. Residents may also obtain assistance in upgrading wells and septic disposal systems through the New Brunswick Housing Corporation’s Emergency Repair Program.
Charlotte County is known for the high mineral content in its groundwater and the water in the area in the Saint David Local Service District along Route No. 1 west of Oak Bay contains very high concentrations of iron and manganese. While these minerals do not pose a health risk, they are aesthetically unappealing in drinking water. As a result of discoloured water and stained fixtures and clothing, most residents along Route No. 1 have installed filters and water softeners in their homes.
Utilities
The New Brunswick Power Corporation plans to construct a new 345 kilovolt power transmission line between Point Lepreau and the United States of America which, it is proposed, will pass through the Saint David Local Service District. The exact routing has not yet been determined but an environmental impact assessment on potential corridors will be undertaken in the near future. The assessment should warrant input from the Saint David Local Service District Advisory Committee as the assessment proceeds. Similar involvement will take place with respect to the fibre optics line proposed by The New Brunswick Telephone Company, Limited, which will go through the Saint David Local Service District.
Transportation
The Minister of Transportation has announced plans for a future highway designed to bypass Route No. 1, to join with a similar truck route in the United States of America on the east and to circle back to the causeway at Oak Bay on the west. Public meetings have been held with respect to this proposal and a potential future corridor has been proposed. However, the Minister has not yet conducted a more detailed study to locate the bypass highway and has not specified a time frame for this study to be completed. The width of the right-of-way has not been determined. At present, the planned highway would have interchanges at Route No. 3, Route No. 755, Route No. 760 and Route No. 137. Grade separations would only be provided at Valley Road, Cleland Road, St. David Ridge Road and Strang Road.
A bypass highway could have both positive and negative impacts on the community. The benefits would include improved safety for residents, vehicles, pedestrians and school buses along the existing highway. There would be better access and improved connections, which would render the area more attractive for industrial development and for tourist travel and would provide better response times for emergency vehicles. The negative impacts could include relocation, displacement of homes and loss of property along the proposed right-of-way and loss of business for those located on the existing route.
The planning and timing of the bypass highway, as well as the location and type of interchanges, will likely be affected by the success and timing of the plans for a proposed Chocolate Theme Park.
Airport
Giddens Memorial Airport is largely located in the Dennis-Weston Local Service District with the eastern end of the airport located in the Saint David Local Service District. The airport is designated for upgrading with a non-precision instrument approach landing system. This project will involve the removal of obstacles in the vicinity of the airport and will be undertaken by The Town of St. Stephen and funded by the Minister of Transport.
At present there are no buildings or obstacles that pose a concern to airport operations. The obstacle limitation surfaces that have been designated for the approach paths and runways should not be affected by any development that might occur in these areas. Development along the southern side of Route No. 1 and east of the airport road would have to exceed twenty-one metres in height in order to violate the transitional zoning.
Environment
The background study done by the Minister preparatory to this Basic Planning Statement identifies the agricultural and forestry potential of the Saint David Local Service District based on the Canada Land Inventory Maps. Fifty per cent of the land within the Saint David Local Service District has a Class 3 or Class 4 capability rating for agriculture. Only a small percentage of the Saint David Local Service District has Class 3 capability rating for forestry. The entire area scored over eighty per cent in the Class 2 capability rating for ungulate production.
Watershed
The Dennis Stream, which runs through the Saint David Local Service District, is the main source of drinking water for The Town of St. Stephen and for the City of Calais in the United States of America. The Dennis Stream watershed has recently been designated by the Minister of the Environment as a protected watershed. This designation limits the uses within the watershed and surrounding area within 75.0 metres of the Dennis Stream. The Minister of the Environment intends to conduct public information and participation sessions with respect to the designation but no schedule has been set yet for this process.
Although the designation of watersheds is intended to protect the public water supply, it also provides better protection against ground water contamination in the rural areas.
St. Croix International Waterway
The St. Croix River has been designated a Canadian Heritage River by the Government of Canada. An international agreement, namely the St. Croix International Waterway Management Plan, has been established between New Brunswick and the State of Maine in the United States of America, with respect to the heritage protection and management of the St. Croix River. The St. Croix International Waterway Management Plan recognizes the exceptional natural and recreational significance of the upper St. Croix wilderness corridor and sets guidelines for compatible action on the part of New Brunswick. The St. Croix International Waterway Management Plan describes development guidelines for other St. Croix shorelands in order to preserve the high water quality, natural beauty, rural character and future use options along the St. Croix shorelands. These guidelines have been enacted by the State of Maine and are now being considered by the Government of New Brunswick.
The St. Croix International Waterway Commission is in the process of preparing a waterway management plan that will address resource conservation and enhancement in conjunction with the promotion of economic development and with recreational opportunities that are compatible with resource conservation. The State of Maine in the United States of America has a relatively sophisticated system of coastal zoning and shoreline protection and it is not yet known whether a similar system or other management techniques will be developed in Canada.
Regional Landfills
The residents of the Saint David Local Service District have recently expressed concern about the operation of existing dump sites in the local service district. A regional solid waste committee has recently been organized and a process established in order to find a new regional solid waste facility.
GENERAL OBJECTIVES
The Saint David Local Service District Basic Planning Statement has been prepared in accordance with sections 29 to 31 of the Community Planning Act. The proposals in the statement are based on findings of a recently completed background study and of a questionnaire submitted to residents in the area. The goals and objectives in the statement were included in the conceptual plan that was reviewed by the steering committee for the Saint David Local Service District and that forms the basis of the Saint David Local Service District Basic Planning Statement.
The objectives of this Schedule are intended to overcome existing problems and steer future growth in the directions desired by the residents of the Saint David Local Service District. These directions are determined from the findings and recommendations of the background study referred to above and from the input of the steering committee and residents as expressed at the open house meetings and in response to the public questionnaire.
The objectives for the future development of the Saint David Local Service District Basic Planning Statement and the objectives to be accomplished by a zoning regulation, if one were to be adopted in the future, are
(a) to continue to ensure a good quality of life for the residents and to encourage the same opportunity for future residents,
(b) to preserve and enhance the physical environment of the Saint David Local Service District,
(c) to protect and preserve the natural attractiveness and the property values in the Saint David Local Service District,
(d) to avoid or minimize land use conflicts that would generate detrimental social and economic consequences,
(e) to encourage development that is in the best interest of the community as a whole,
(f) to support the generation of employment in rural areas,
(g) to encourage the establishment of family businesses and cottage industries in rural areas,
(h) to encourage management and training courses for rural residents already engaged in small businesses,
(i) to ensure a balance between rural resource related uses and residential and commercial development,
(j) to ensure that the increasing demands in rural areas accommodate urban type uses in reasonable densities that are not detrimental to rural activities,
(k) to discourage rural ribbon or strip development with its associated impacts on traffic, aesthetics and the natural environment,
(l) to accommodate those residents who prefer the quality of life offered by rural areas,
(m) to ensure that new residential development complies with Provincial regulations with respect to lot sizes and basic water and sewage disposal systems,
(n) to ensure that building permits are obtained for all rural residential development so that minimum standards for occupancy and safety are met,
(o) to ensure that substandard dwellings comply with the Provincial Building Regulation - Community Planning Act, being New Brunswick Regulation 81-126 under the Community Planning Act,
(p) to endeavour to ensure that the housing needs of low income families and senior citizens who desire to remain in the rural areas are met,
(q) to ensure that all mobile home parks in the Saint David Local Service District comply with the Provincial Mobile Home Parks and Sites Regulation - Community Planning Act, being New Brunswick Regulation 84-291 under the Community Planning Act,
(r) to ensure that commercial development and industrial development do not have a negative impact on the quality of life in rural areas and that industrial development is located in areas where conflicts with existing uses would be minimized,
(s) to support the growth of the tourism industry in the Saint David Local Service District in a manner that is not in conflict with the existing character of the community,
(t) to encourage hunting, fishing and other recreational activities in rural areas,
(u) to ensure that the operation of septic disposal fields in the concentrated residential portions and rural areas of the Saint David Local Service District are monitored so that the fields are not contributing to the pollution of the environment,
(v) to make residents aware of existing programs to assist in upgrading wells and septic disposal systems,
(w) to encourage the early establishment of a proposed committee to plan a new regional landfill, in order to eliminate the use of the existing dumps,
(x) to cooperate in the protection of the Dennis Stream watershed, which supplies the drinking water for The Town of St. Stephen and the City of Calais,
(y) to cooperate with the St. Croix International Waterway Commission in its goal of protecting and enhancing the St. Croix River where it forms the boundary between Canada and the United States of America,
(z) to encourage the establishment of conservation zones along all watercourses,
(aa) to ensure that the basic recreational needs of residents in rural areas are met,
(bb) to encourage the formation of recreation councils or clubs and the use of community or church halls in order to create a more unified community spirit,
(cc) to encourage the Minister to establish a budget that provides the highest practical level of fire, police, ambulance and recreational services to residents in rural areas,
(dd) to ensure that the residents are informed about and participate in the development of plans for a new 345 kilovolt power line through the Saint David Local Service District,
(ee) to encourage the Province to continue a regular maintenance and upgrading program for highways in the Saint David Local Service District,
(ff) to support the completion of the bypass highway system, also known as Route No. 1 as proposed by the Minister of Transportation,
(gg) to ensure that the residents have continuous input into the process of preparing and implementing any amendments to this Schedule, and
(hh) to encourage the investigation into the costs and benefits of setting up a regional planning commission that would provide professional planning assistance to the Saint David Local Service District and that would bring the administration of planning closer to the residents.
DEVELOPMENT PROPOSALS
The rural areas in the Saint David Local Service District are experiencing development pressures associated with a shift in population from urban municipalities to rural areas.
This increase in rural development poses a threat to the resource base of rural areas. Continued uncontrolled rural development in the Saint David Local Service District could jeopardize the quality of life so highly valued by the residents.
The residents of the Saint David Local Service District wish to encourage compatible development while protecting the resource base and preserving the quality of life.
The following proposals are made in order to identify and maintain existing development while ensuring that residents of the Saint David Local Service District are able to participate in the process of approving future development. For the purpose of attaining the objectives set out above, the land in the Saint David Local Service District has been designated for three specific uses, rural residential, highway commercial and rural, as shown on the map attached as Schedule A.
In order to encourage development that is in the best collective interests of the rural residents and landowners of the Saint David Local Service District and to permit them to have direct input into the future development of their communities, it is proposed that any future development that is not in character with the land use pattern as shown on the map attached as Schedule A shall be permitted only by way of an amendment to this Schedule made in accordance with the Community Planning Act after receiving input from the residents and landowners of the local service district.
Highway Commercial Uses
The highway commercial area in the Saint David Local Service District is commonly referred to as the “Golden Mile”. The predominant use of this road is highway commercial, which allows the users to take advantage of the high volume of traffic between Canada and the United States of America. The designation of land for highway commercial use will ensure that space is available as a right for new commercial development and will indicate to area property owners where commercial development will be permitted.
It is proposed that the highway commercial use designation shall apply to the areas designated for highway commercial on the map attached as Schedule A. This includes the area situated on both sides of Route No. 1 running from the Valley Road on the west to the St. David Ridge Road on the east, the proposed Chocolate Theme Park site on the south side of Route No. 1 and east of Old Bay Road and the area along both sides of the Old Bay Road running in a southerly direction from Route No. 1 a distance of approximately 700 metres.
It is proposed that existing commercial uses outside the area designated for highway commercial use will be permitted to continue as non-conforming uses and that sections 40 and 41 of the Community Planning Act will apply to such uses with the necessary modifications.
It is proposed that, within the area designated for highway commercial use, the following uses shall be permitted:
(a) a retail outlet;
(b) a service-oriented outlet;
(c) accommodations, automobile sales and service outlets, restaurants, tourist oriented uses and other highway-related operations;
(d) a one-family dwelling;
(e) a two-family dwelling;
(f) a school, church, hall, cemetery, library or other institutional use; and
(g) accessory buildings and structures.
Rural Uses
In recognition of the mostly rural nature of the entire Saint David Local Service District, it is proposed that the rural use designation shall apply to all portions of the Saint David Local Service District not designated for highway commercial use, as shown on the map attached as Schedule A.
It is proposed that all existing rural uses will be permitted to continue and that any future rural uses that are not permitted under this Schedule shall be permitted only by way of an amendment to this Schedule in accordance with the Community Planning Act.
It is proposed that, within the area designated for rural use, the following uses shall be permitted:
(a) agricultural uses, with the exception of piggeries that operate for commercial purposes;
(b) uses related to the fishing industry;
(c) forestry uses;
(d) a one-family dwelling;
(e) a two-family dwelling;
(f) a single mobile home or a mini-home;
(g) a mobile home park only as an amendment to this Schedule and in accordance with this Schedule;
(h) a playing field, playground or other recreational use;
(i) a school, church, hall, cemetery, library or other institutional use;
(j) a home occupation in accordance with this Schedule; and
(k) an accessory building or structure.
It is proposed that no developments shall be approved and no building permits issued in relation to any buildings or structures situated on lands that are adjacent to Giddens Memorial Airport that would violate the height constraints set by the Minister of Transport in the Transport Canada Publication “Land Use Planning in the Vicinity of Airports (TP1247)”.
Industrial Uses
It is proposed that all existing industrial uses will be permitted as non-conforming uses and that any future industrial uses shall be permitted only by way of an amendment to this Schedule in accordance with the Community Planning Act after receiving input from the residents and landowners of the local service district.
It is proposed that the following shall be considered when reviewing an application for permission to develop an industrial use:
(a) the impact of factors such as noise, dust, traffic, smell and unsightly premises on the surrounding community; and
(b) whether or not the operator of the industrial use should be required to provide and maintain buffers between the use and other properties.
Mining
It is proposed that mining shall be a permitted use in the Saint David Local Service District only if the Lieutenant-Governor in Council, following the completion of a required environmental impact assessment under the Environmental Impact Assessment Regulation - Clean Environment Act, has given an approval for the carrying on of the mining operation and that, in any other case, mining shall not be a permitted use unless this Schedule is amended appropriately to permit it.
Home Occupations
It is proposed that, where a home occupation is permitted in a dwelling under this Schedule, one of the following occupations may be conducted as a home occupation:
(a) an occupation as an accountant, architect, artist, dentist, designer, doctor, lawyer, professional engineer or a similar and compatible occupation in an office or studio in the dwelling;
(b) an occupation as an artisan, barber, hairdresser, insurance agent, photographer, real estate agent, seamstress or a similar and compatible occupation carried out in the dwelling;
(c) the operation of a nursing home, day-nursery or kindergarten or a similar and compatible occupation carried out in the dwelling; or
(d) an occupation as a music or dancing instructor with a maximum number of ten students or a similar and compatible occupation carried out in the dwelling.
It is proposed that a home occupation shall be subject to the requirements that
(a) not more than two persons are engaged in the home occupation in addition to the members of the family resident in the dwelling in which it is located,
(b) it is confined to the dwelling in which it is located and no part of it is located in an accessory building or structure,
(c) the floor area devoted to the home occupation does not exceed the greater of
(i) twenty per cent of the floor area of the dwelling unit, and
(ii) 27.5 square metres,
(d) no signs advertising the home occupation are permitted except one non-illuminated sign that does not exceed 0.35 square metres in area, which may be placed on the building containing the home occupation, and
(e) parking areas for the home occupation are located on the same lot as the home occupation and not on the public roads adjacent to the lot.
Community Futures Committee
It is proposed that the Saint David Local Service District Advisory Committee and the Province shall support and encourage the efforts of the Charlotte County Community Futures Committee in its efforts to create a more unified community spirit.
Protective Services
It is proposed that the district representative of the Minister, on behalf of the residents of the Saint David Local Service District, continue to work with the fire department of The Town of St. Stephen with the goal of providing the Saint David Local Service District with the highest practical level of fire services.
Utilities
It is proposed that the Saint David Local Service District Advisory Committee shall keep informed of progress on the plans by the New Brunswick Power Corporation and The New Brunswick Telephone Company, Limited for proposed corridors for power transmission lines and fibre optics routes within the Saint David Local Service District.
Servicing in Rural Areas
It is proposed that the Saint David Local Service District Advisory Committee shall request the Minister of Health and Community Services to maintain close supervision on the area of concentrated development along Route No. 1 between the Valley Road and the Old Bay Road, and on the mobile home park, so that contamination of the water does not occur.
It is proposed that the Saint David Local Service District Advisory Committee shall become acquainted with servicing assistance programs in order to provide information concerning the programs to its residents and to encourage them to make use of the programs.
It is proposed that, if the proposed Chocolate Theme Park proceeds, the Saint David Local Service District Advisory Committee shall request the Minister and The Town of St. Stephen to consider hooking up residences along Route No. 1 to the supply line proposed to be built from the Dennis Stream feeder line to the park.
Transportation
It is proposed that the Saint David Local Service District Advisory Committee shall encourage the Province to pursue improvements and maintenance with respect to the following routes:
(a) those non-designated highways in the rural areas that are below minimum standards, in order to permit access for fire-fighting equipment in the event of forest fires;
(b) the long steep hill on St. David Ridge Road north of Route No. 1; and
(c) the steep hill at Oak Bay which is dangerous in the winter time.
It is proposed that the Saint David Local Service District Advisory Committee shall keep informed as planning progresses for the proposed bypass highway as shown on the map attached as Schedule A and shall ensure that the residents have input into the location of the route, its access points and its expected impacts.
ENVIRONMENTAL PROPOSALS
 
Watershed Protection
It is proposed that the Saint David Local Service District Advisory Committee shall encourage the Minister of the Environment to continue to retain the Dennis Stream watershed as a protected area, under the Protected Areas Order - Clean Water Act, being New Brunswick Regulation 90-136 under the Clean Water Act.
It is proposed that, when a proposal involving a policy for areas situated within the watershed but outside the 75.0 metre setback area is introduced by the Province, the proposed policy shall be incorporated into this Schedule by way of an amendment.
St. Croix International Waterway
It is proposed that the Province and the Saint David Local Service District Advisory Committee shall keep informed about the progress of the International Waterway Commission’s report and the proposed regulations.
It is proposed that, when the proposed regulations, including any set backs that may apply to the St. Croix River and Oak Bay, come into force, they shall be incorporated into this Schedule.
Regional Solid Waste Committee
It is proposed that a representative from the Saint David Local Service District Advisory Committee shall be a member of the regional solid waste committee in order to ensure that the residents of the Saint David Local Service District have a mechanism by which to express their concerns and opinions with respect to the procedure for selecting a new regional solid waste disposal site.
Environmental Impact Assessments
It is proposed that the Saint David Local Service District Advisory Committee shall be encouraged to participate in all environmental impact assessments that are associated with the proposed bypass highway and the 345 kilovolt power transmission line proposed by the New Brunswick Power Corporation.
General Appearance
It is proposed that the Saint David Local Service District Advisory Committee shall encourage its residents to take pride in their properties and the general overall appearance of the countryside.
It is proposed that junk yards and outdoor storage associated with industrial or highway commercial uses shall be screened from the view of adjacent residents as well as passing motorists.
It is proposed that, in extreme cases where negotiations or other measures fail to remedy an unsightly premise, the Saint David Local Service District Advisory Committee shall request the Province to take all necessary steps to enforce the Unsightly Premises Act against those who are in violation of the Act.
GENERAL DEVELOPMENT PROPOSALS
In an effort to further the objectives of the Saint David Local Service District Basic Planning Statement throughout the Saint David Local Service District as a whole, it is proposed that
(a) there shall be no more than one dwelling on each lot,
(b) all lots shall have a minimum area of 0.4 hectares with a minimum frontage of 54.0 metres and a minimum depth of 38.0 metres,
(c) each lot shall front on a public road or street,
(d) each lot shall be approved by the Minister of Health and Community Services with respect to on-site sewage disposal in accordance with the General Regulation - Health Act, being New Brunswick Regulation 88-200 under the Health Act,
(e) all buildings shall conform to the Provincial Building Regulation - Community Planning Act, being New Brunswick Regulation 81-126 under the Community Planning Act,
(f) all proposed landfills shall require an environmental impact assessment under the Clean Environment Act and shall require an amendment to this Schedule,
(g) any proposed establishment of a mobile home park shall require an amendment to this Schedule and shall be subject to the Provincial Mobile Home Parks and Sites Regulation - Community Planning Act, being New Brunswick Regulation 84-291 under the Community Planning Act,
(h) non-conforming uses may continue and that sections 40 and 41 of the Community Planning Act shall apply to such uses with the necessary modifications, and
(i) all applications for development and amendments that are required under this Schedule shall be evaluated by the Minister with regard to the following aspects of the environment:
(i) topography;
(ii) soils;
(iii) drainage;
(iv) flood plains;
(v) noise, air, water and soil pollution; and
(vi) any other aspect of the proposed development that would pose a danger of contaminating the environment if the development were located at the proposed site.
ADMINISTRATION
It is proposed that the Minister and the Saint David Local Service District Advisory Committee give consideration to the formation of a District Planning Commission.
N.B. This Regulation is consolidated to June 30, 2000.