Acts and Regulations

93-165 - Nauwigewauk Planning Area Basic Planning Statement Adoption

Full text
Revoked on 18 February 2020
NEW BRUNSWICK
REGULATION 93-165
under the
Community Planning Act
(O.C. 93-775)
Filed October 25, 1993
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.70
Repealed: 2020-8
1This Regulation may be cited as the Nauwigewauk Planning Area Basic Planning Statement Adoption Regulation - Community Planning Act.
2That area of land within the boundaries of the Nauwigewauk Planning Area in Hampton Parish, Kings 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 Nauwigewauk Planning Area Basic Planning Statement contained in Schedule B is adopted for the Nauwigewauk Planning Area as indicated on the map attached as Schedule A.
SCHEDULE B
NAUWIGEWAUK PLANNING AREA BASIC PLANNING STATEMENT
 
GENERAL INFORMATION
The Nauwigewauk Planning Area as shown on the map attached as Schedule A encompasses the Nauwigewauk Local Taxing Authority, including Darlings Island, with the boundary following the shoreline of the Kennebecasis River northeasterly to the boundaries of Hampton and southerly to the boundaries of the Town of Quispamsis. The Nauwigewauk Planning Area has moderately fertile soil and has within its boundaries several viable farm operations, which contribute both to the picturesque rural landscape so characteristic of the community and to its corresponding rural lifestyle. The protection of agricultural land from undesirable development is, therefore, important if farming and the rural landscape and lifestyle are to be maintained.
Environment
The original European settlers of Darlings Island and the rest of the Nauwigewauk Planning Area were attracted to the area by its extraordinary beauty. The spectacular scenery that spurred initial settlement is closely linked to the interplay between the rolling topography of the land and the waters of the Kennebecasis River, the Hammond River and Darlings Lake. These natural elements remain the prime factor in attracting people to the area and sustaining their sense of place. Hence, the preservation and protection of the many waterways in the Nauwigewauk Planning Area are essential.
Population
The population of the Nauwigewauk Planning Area can be estimated from the “1986 Census of Canada, Census Divisions and Subdivisions, New Brunswick: Part 1, Profiles” prepared by Statistics Canada, at approximately 1200 in 1986. The population profile at that time was as follows: 450 children 19 years of age or less; 315 adults between 20 and 34 years of age, inclusive; 345 adults between 35 and 64 years of age, inclusive; and 90 adults 65 years of age or more.
Services
Local children are bused to school, with elementary, junior high school and high school children attending classes in Hampton. Both Hampton and the Town of Quispamsis serve as local shopping centres with more specialized goods and services being available in The City of Saint John. Hampton provides ambulance services to the Nauwigewauk Planning Area and policing services are provided by the Royal Canadian Mounted Police. The Nauwigewauk Planning Area operates its own voluntary fire department, which was established in 1968. The local recreational council is currently planning to develop and operate a number of recreational facilities, including a soccer pitch, a baseball field and a nature and fitness trail. Also located in the Nauwigewauk Planning Area is the Nauwigewauk Community Club Hall. Hospital facilities and other medical care are available in The City of Saint John.
The Nauwigewauk Planning Area can be described as essentially a “bedroom” community from which most residents commute to work outside the area, typically in The City of Saint John. However, several dairy and cattle farms are located in the area. Also located within the Nauwigewauk Planning Area are several home occupations, including a green house and a dried flower shop. A convenience store, a motel and several service stations primarily service the commuter traffic and are generally located along Highway No. 1.
Existing Development
According to the 1986 census referred to above, there were 380 private dwelling units located in the Nauwigewauk Planning Area in 1986, of which all but 60 were owner occupied. Of these 380, 60 were constructed before 1946, 50 were built between 1947 and 1970, inclusive, 180 were built between 1971 and 1980, inclusive, and 90 were built between 1981 and 1986, inclusive. A land use survey conducted by the Minister of Municipal Affairs in November, 1989 found that the Nauwigewauk Planning Area was primarily residential in character, with most of the development being single-family residential. This finding reinforces the inferences that may be made from the above-mentioned census data, to the effect that a significant number of families with dependents live in the Nauwigewauk Planning Area. The two major settlement clusters are Darlings Island and Bonney Road. Most of the homes located within the Nauwigewauk Planning Area are serviced by private wells and septic tank systems.
GENERAL OBJECTIVES
The objectives of the Nauwigewauk Planning Area 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 preserve and enhance the aesthetic beauty, the physical environment and the rural lifestyle of the Nauwigewauk Planning Area,
(b) to protect against polluting and nuisance uses in the Nauwigewauk Planning Area,
(c) to protect and preserve the waterways, wetlands and marshes in the Nauwigewauk Planning Area, and
(d) to encourage orderly development in the Nauwigewauk Planning Area.
PROPOSALS
The following proposals are made in order to identify and maintain existing development and to permit future development while ensuring that the objectives of the Nauwigewauk Planning Area Basic Planning Statement Adoption Regulation are met and ensuring that the residents of the Nauwigewauk Planning Area are able to participate in the approval process.
Residential
It is proposed that one-family and two-family residential dwellings shall be permitted uses in the Nauwigewauk Planning Area.
It is proposed that a residential use of a density greater than a two-family residential use shall not be a permitted use in the Nauwigewauk Planning Area unless this Schedule is amended to permit such a use.
Resources
It is proposed that the following uses shall be permitted uses in the Nauwigewauk Planning Area:
(a) forestry uses, if good forestry practices are followed;
(b) fishing uses;
(c) unstructured, outdoor-oriented recreational uses, except firing ranges; and
(d) agricultural uses, except the operation of a piggery or a hennery.
It is proposed that mining shall be a permitted use in the Nauwigewauk Planning Area 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.
It is proposed that seasonal residences, camps and cabins shall be permitted uses in the Nauwigewauk Planning Area.
Commercial
It is proposed that a commercial use shall be a permitted use if
(a) the development and operation of the proposed commercial use would not pose a threat to the environment with respect to noise or the pollution of earth, air or water,
(b) a five-metre landscaped buffer, including a fence, hedge or sheltering belt of trees, is provided and maintained between the commercial use and adjacent lots, and
(c) adequate off-street parking is provided on the lot on which the commercial use is situated.
It is proposed that a commercial use involving the pumping of gasoline or diesel fuel shall be a permitted use only on Highway No. 1 and that such uses shall be located at least four kilometres apart.
Institutional
It is proposed that an institutional use such as a community centre, recreational centre, school or religious institution shall be a permitted use if adequate, off-street parking is provided for the institutional use.
Home Occupations
It is proposed that a home occupation conducted for gain entirely within a dwelling unit by one or more persons residing in that unit shall be a permitted use if
(a) the residential use remains the dominant use,
(b) the residential character of the building in which the home occupation is conducted is maintained,
(c) the home occupation does not generate excessive noise or excessive movement of vehicles for pick-up and delivery,
(d) no signs advertising the home occupation are permitted except one non-illuminated sign that does not exceed 1.5 square metres in area, and
(e) adequate off-street parking is provided on the same lot as the home occupation.
Non-conforming Uses
It is proposed that non-conforming uses may continue and that sections 40 and 41 of the Community Planning Act shall apply with the necessary modifications to a non-conforming use.
N.B. This Regulation is consolidated to February 18, 2020.