Acts and Regulations

94-68 - St. Martins Planning Area Basic Planning Statement Adoption

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 94-68
under the
Community Planning Act
(O.C. 94-389)
Filed June 15, 1994
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.75
1This Regulation may be cited as the St. Martins Planning Area Basic Planning Statement Adoption Regulation - Community Planning Act.
2That area of land within the boundaries of the St. Martins Planning Area in Saint Martins Parish, Saint John County, except the Village of St. Martins, 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 St. Martins Planning Area Basic Planning Statement as contained in Schedule B is adopted for the St. Martins Planning Area as indicated on the map attached as Schedule A.
SCHEDULE B
ST. MARTINS PLANNING AREA BASIC PLANNING STATEMENT
 
INTRODUCTION
This basic planning statement has been prepared in response to a request from the residents of the St. Martins Planning Area for planning protection. At a meeting of residents of the St. Martins Planning Area in February, 1991, the Minister of Municipalities, Culture and Housing was asked to provide planning protection through a basic planning statement. At this same meeting, an Advisory Committee of local residents was elected to work with government officials and the public in the preparation of the basic planning statement. The contents of this Schedule represent the work of the Advisory Committee, government officials and local residents, as well as substantial public input that was generated through several open house meetings and the Saint Martins Parish Awareness Day in August, 1992.
GENERAL INFORMATION
The St. Martins Planning Area is bounded on the south by the Bay of Fundy, on the west by Simonds Parish, on the east by Fundy National Park and on the north by Upham Parish and Hammond Parish. The St. Martins Planning Area has mixed terrain with many lakes, rivers and streams, as well as environmentally significant areas. Its proximity to The City of Saint John has exposed the St. Martins Planning Area to increasing development pressure in recent years. This pressure may be magnified if the proposed Fundy Trail Corridor is developed.
A field survey of existing development was carried out in May, 1991, to determine land use patterns within the St. Martins Planning Area. This survey confirmed that the principal uses of land are of a residential, agricultural or resource extraction nature. These land use activities have helped to formulate proposed uses within the St. Martins Planning Area.
Population data has been compiled as part of the planning process using statistics published in Census Divisions and Census Subdivisions, 1991 Census of Canada, prepared by Statistics Canada in 1992. In 1991, the population of the St. Martins Planning Area was 1,199. In 1986, the population was 1,135. A comparison of these two population figures shows an increase in population of 5.6 per cent. The population of neighbouring Simonds Parish increased 10.4 per cent during that five year period. By contrast, during the same five year period the population of Saint John County which includes both the St. Martins Planning Area and Simonds Parish decreased by 1.2 per cent. A conclusion that can be drawn from these figures is that people are leaving larger centres to buy and develop residential properties in smaller centres and unincorporated areas. This trend is expected to continue in the St. Martins Planning Area as land becomes unavailable in Simonds Parish.
ENVIRONMENTALLY SIGNIFICANT AREAS
The Department of the Environment and Local Government has identified several areas within the St. Martins Planning Area as environmentally significant areas. Environmentally significant areas are watercourses or areas within close proximity of a watercourse and are designated as environmentally significant areas on the map attached as Schedule A.
Environmentally significant areas are of special interest due to their uniqueness or sensitivity to disturbance. These areas provide habitat for many of the rare flora and fauna found within the region. These areas may also contain distinctive natural features that have biological, ecological, geological or aesthetic value.
Certain activities carried out within thirty metres of a watercourse require a watercourse alteration permit under the Watercourse Alteration Regulation - Clean Water Act. In addition, new development proposals may be required to be registered as undertakings under the Environmental Impact Assessment Regulation - Clean Environment Act.
2012, c.39, s.50
GENERAL OBJECTIVES
The objectives for the future development of the St. Martins Planning Area are:
(a) to promote orderly future development;
(b) to reduce conflicts between different types of land use activity;
(c) to maintain the existing character of the St. Martins Planning Area;
(d) to provide protection against polluting and nuisance uses in the St. Martins Planning Area;
(e) to discourage the location in the St. Martins Planning Area of local or regional sites for sanitary landfill or for the dumping of contaminated, radioactive or chemical wastes;
(f) to protect surface and ground water resources;
(g) to protect environmentally sensitive resources, including environmentally significant areas; and
(h) to protect and manage the coastal environment of that portion of the St. Martins Planning Area that fronts on the Bay of Fundy.
OBJECTIVES TO BE ACCOMPLISHED BY A ZONING REGULATION
The objectives to be accomplished by a zoning regulation, if one were to be adopted in the future, are
(a) to minimize land use conflicts,
(b) to protect the natural environment including, but not limited to, surface and ground water resources, environmentally significant areas and the coastal environment adjacent to the Bay of Fundy, and
(c) to establish standards for the erection of buildings and structures.
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 this Schedule are met and that the residents of the St. Martins Planning Area are able to participate in the approval process. For the purposes of attaining the objectives set out above, the land in the St. Martins Planning Area is designated for eight specific uses, namely residential, seasonal residential, institutional, commercial, recreational, rural, sand and gravel pits and quarry and waste disposal. Proposals relating to these uses are as follows:
Residential Uses
It is proposed that the following residential uses and no other uses shall be permitted uses in an area designated for residential use on the map attached as Schedule A:
(a) a one-family dwelling;
(b) a two-family dwelling;
(c) a single mobile home or mini-home;
(d) an accessory building, structure or use, and
(e) a home occupation permitted under this Schedule.
It is proposed that high density residential housing, including town houses and apartments, shall
(a) require an amendment to this Schedule, and
(b) be permitted only on serviced land.
It is proposed that, after the commencement of this Schedule, the minimum lot size on which a new residential use is situated shall be 0.4 hectares (1.0 acre).
Seasonal Residential Uses
It is proposed that the seasonal residential uses, being camps, cottages and other single family dwellings that are not winterized and are only inhabited during part of the year, and no other uses shall be permitted uses in an area designated for seasonal residential use on the map attached as Schedule A.
Institutional Uses
It is proposed that the following institutional uses and no other uses shall be permitted uses in an area designated for institutional use on the map attached as Schedule A:
(a) a public building or structure;
(b) a school;
(c) a church;
(d) a cemetery;
(e) a public utility; and
(f) an accessory building, structure or use.
Commercial Uses
It is proposed that the following commercial uses and no other uses shall be permitted uses in an area designated for commercial use on the map attached as Schedule A:
(a) a retail or wholesale establishment;
(b) a professional or administrative office;
(c) a commercial outfitting or guiding office;
(d) an auto-body shop;
(e) a commercial trucking operation that has a fleet of two or more trucks engaged in commercial activities;
(f) a mechanical maintenance shop or yard;
(g) a gasoline or service station; and
(h) an accessory building, structure or use.
It is proposed that, after the commencement of this Schedule
(a) the floor area of a new commercial use shall not exceed 140.0 square metres (1500.0 square feet), and
(b) the minimum lot size of a new commercial use shall be 0.4 hectares (1.0 acre).
It is proposed that, after the commencement of this Schedule, a new commercial use, other than a gas or service station, that involves the storage, use or sale of toxic substances as defined under the Canadian Environmental Protection Act (Canada) shall require an amendment to this Schedule.
It is proposed that a new commercial use that exceeds 140.0 square metres (1500.0 square feet) shall require an amendment to this Schedule.
Recreational Uses
It is proposed that the following recreational uses and no other uses shall be permitted uses in an area designated for recreational use on the map attached as Schedule A:
(a) recreational buildings;
(b) fields and trails;
(c) community facilities and services; and
(d) accessory buildings, structures and uses.
Rural Uses
It is proposed that the following uses and no other uses shall be permitted uses in an area designated for rural use on the map attached as Schedule A:
(a) residential uses permitted under this Schedule;
(b) seasonal residential uses permitted under this Schedule;
(c) commercial uses permitted under this Schedule;
(d) recreational uses permitted under this Schedule;
(e) institutional uses permitted under this Schedule,
(f) home occupation uses permitted under this Schedule;
(g) agricultural uses, including the raising of crops and livestock;
(h) forestry uses if they conform to accepted forestry management practices;
(i) the milling and sawing of wood;
(j) conservation uses, including the maintenance of wetlands, deer wintering areas and wildlife refuges;
(k) public utilities; and
(l) accessory buildings, structures and uses.
It is proposed that development occurring within 100.0 metres of coastal areas shall be undertaken in such a way that the character of these areas in terms of their environmental, ecological, geological, historical and architectural structure is not altered or lost.
Sand and Gravel Pits and Quarry Uses
It is proposed that sand and gravel pits and quarry uses and no other uses shall be permitted uses in an area designated for sand and gravel pits and quarry use on the map attached as Schedule A.
It is proposed that, after the commencement of this Schedule, no new sand and gravel pit and quarry use shall be permitted if the excavation operation activities would
(a) create a hazard to human life,
(b) cause injury to a person,
(c) damage adjoining property,
(d) permit ponding of water in excess of 0.6 metres (2.0 feet) in depth,
(e) lower the water table or cause decreased surface water flow on adjoining properties, or
(f) prejudice proposed or required rehabilitation of the land.
It is proposed that, after the commencement of this Schedule, adequate buffering be provided between new sand and gravel pits and quarries and adjoining properties.
Waste Disposal Uses
It is proposed that no use other than a waste disposal use shall be a permitted use in an area designated for waste disposal use on the map attached as Schedule A.
It is proposed that the existing waste disposal sites on the Patterson Siding Road and Grove Hill shall be permitted to continue operation until such time as a regional sanitary landfill site is opened.
It is proposed that no contaminated, radioactive or hazardous wastes shall be placed in a waste disposal site or a sanitary landfill site.
Industrial Uses
It is proposed that industrial uses, including manufacturing or processing plants, warehouse or wholesale establishments, aboveground oil storage tanks, generating stations and scrap yards shall not be permitted uses unless this Schedule is amended appropriately to permit them.
It is proposed that the minimum lot size on which an industrial use is situated shall be 0.4 hectares (1.0 acre).
It is proposed that no industrial use shall be permitted unless adequate measures are in place to prevent or mitigate pollution, including noise, that could threaten the ecology of environmentally significant areas, the quality and quantity of surface and ground water resources and the quality of the air.
It is proposed that provision be made for adequate off-street parking and adequate buffering from adjoining land uses.
Mining Uses
It is proposed that mining shall be a permitted use in the St. Martins Planning Area 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 Occupation Uses
It is proposed that, where a home occupation is permitted under this Schedule, one of the following occupations may be conducted as a home occupation in a dwelling permitted under this Schedule:
(a) an occupation as an accountant, an architect, an artist, a dentist, a designer, a doctor, a lawyer, a professional engineer or a similar occupation in an office or a studio in the dwelling;
(b) an occupation as a barber, a craftsperson, a hairdresser, an insurance agent, a photographer, a real estate agent, a seamstress, a shoemaker or a similar occupation carried out in the dwelling; or
(c) the operation of a day-nursery or bed and breakfast establishment, the teaching of crafts, dancing, music or recreational activities or a similar occupation carried out in the dwelling.
It is proposed that a home occupation shall be subject to the requirement that
(a) at least one member of the family resident in the dwelling in which the home occupation is located is engaged in the home occupation,
(b) if the home occupation is confined to a dwelling, except a day-nursery or a bed and breakfast establishment, the floor area devoted to the home occupation use shall not exceed the lesser of
(i) twenty-five per cent of the floor area of the main dwelling, or
(ii) 27.0 square metres (290.6 square feet), and
(c) if any part of the home occupation is conducted in a building or structure accessory to a dwelling, the floor area devoted to the home occupation use shall not exceed 46.5 square metres (500.0 square feet).
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 June 13, 2012.