Acts and Regulations

90-122 - Saint Andrews Local Service District Basic Planning Statement Adoption

Full text
NEW BRUNSWICK
REGULATION 90-122
under the
Community Planning Act
(O.C. 90-793)
Filed October 12, 1990
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.64
1This Regulation may be cited as the Saint Andrews Local Service District Basic Planning Statement Adoption Regulation - Community Planning Act.
2That area of land outlined in Schedule A, being the boundaries of the Saint Andrews Local Service District in Saint Andrews Parish, County of Charlotte, is designated for the purpose of the adoption of a basic planning statement and is the area to which this Regulation applies.
3The Saint Andrews Local Service District Basic Planning Statement contained in Schedule B is adopted for the Saint Andrews Local Service District outlined in Schedule A.
SCHEDULE B
SAINT ANDREWS LOCAL SERVICE DISTRICT BASIC PLANNING STATEMENT
 
Introduction
In 1984, the Saint Andrews Planning Area Steering Committee was established to oversee the carrying out of background studies and the preparation of plans for the Saint Andrews Planning Area. The Saint Andrews Planning Area, as defined for the purposes of the studies only, encompassed the peninsula which lies south of Route 1 between Digdeguash and Gilman’s Corner and contained the Saint Andrews Local Service District, the Bayside Local Service District, that portion of Saint Patrick Parish commonly referred to as Bocabec and the Town of Saint Andrews. The Steering Committee was composed of representatives from each of these four communities.
After a series of public meetings and consultations with numerous individuals and groups within the Saint Andrews Planning Area, the background studies were completed in May, 1985. These studies focused on past and future population trends, environmental concerns, community facilities, transportation, land use, housing, the economy and future development opportunities.
General Information
Highlights from the background studies as they relate to the Saint Andrews Local Service District are summarized below.
Natural Environment
The Saint Andrews Local Service District lies in the east central portion of the Saint Andrews Planning Area. It is a land of contrasts where the landscape ranges from the extremely rugged topography of the interior to the gently rolling lands near the indented shoreline of the inlets of Passamaquoddy Bay. It is an area of natural scenic beauty.
The offshore areas, particularly Chamcook Harbour, are highly productive for clams and other shellfish and fish. However, these areas are susceptible to landwash pollution after heavy rainfalls and it is imperative that any development be accompanied by proper pollution control measures.
The coastal areas off McCann Cove are good areas for waterfowl. They are suitable for wintering or migratory stopovers and have only slight limitations for breeding.
While most of the Saint Andrews Local Service District has gravelly soils of low fertility, pockets of more fertile soils which have relatively good capability for agriculture are found in the southern areas. These form an extension of the agricultural area of the Bayside Local Service District.
A small portion of the Chamcook Lake watershed, which serves as a potable water supply for the Atlantic Salmon Federation, the Biological Station, the Champlain Industrial Park, the Town of Saint Andrews and a number of cottagers is found in the western area of the Saint Andrews Local Service District. It is important that the water quality be maintained. Samples taken upstream from the intake indicate that at certain times bacterial contamination exceeds the standard for treatment by chlorination alone. The level of pollution in the watershed is at a point where increased development may force the need for expensive treatment facilities. The existing cottages and dwellings may not have properly functioning waste disposal systems and the Town of Saint Andrews’ dump may be a contributor to the pollution in the watershed. If the dump is a contributor to the pollution, it should be relocated.
Manmade Environment
The Saint Andrews Local Service District is a rural area with a population of about 370 people, living in approximately 110 dwelling units. Although development is spread out along Route 127, there is a tendency towards clustering around Chamcook Harbour. Near the head of the Harbour are found the Atlantic Salmon Federation, a convenience store with a gas bar and a number of residences.
Residents of the Saint Andrews Local Service District rely on the Town of Saint Andrews and The Town of St. Stephen for many of their goods and services. Most students attend school in Saint Andrews, although a few attend vocational programs in St. Stephen. Fire protection is provided by the Saint Andrews Fire Department. Police protection is provided by the R.C.M.P. out of St. Stephen. The Charlotte County Hospital in St. Stephen provides hospital services, while ambulance services come from Saint Andrews. It is unlikely that the population of the Saint Andrews Local Service District will grow sufficiently to warrant having its own services and reliance on other communities is expected to continue.
The Town of Saint Andrews’ dump, which serves the entire peninsula, is a concern to the residents of the Saint Andrews Local Service District who feel that pollution and fire hazards are posed by this operation. The residents of the Saint Andrews Local Service District strongly object to the presence of the dump located in a watershed draining into Chamcook Harbour and they believe that it should be located elsewhere.
Route 127 is the major highway through the Saint Andrews Local Service District. Improvements to the road in a number of troublesome spots would be welcome.
There are a number of traditional public access points to the intertidal zone. Their status as a public right-of-way is uncertain and should be investigated. All public access points should be clearly marked.
Minister’s Island is an important historic resource which has been obtained by the Province and designated as a protected site under the Historic Sites Protection Act. It contains the former Van Horne estate, Covenhoven, and significant aboriginal archeological sites. It is accessible over the Bar which becomes exposed during low tide. There is concern that the Van Horne estate is falling into a state of disrepair and that it should be put to some appropriate use. However, in making use of the estate, residents of the Saint Andrews Local Service District are anxious that the Island remain in Crown ownership.
GENERAL OBJECTIVES
The general objectives of the Saint Andrews Local Service District Basic Planning Statement are:
(a) to preserve rural character and lifestyle of the Saint Andrews Local Service District;
(b) to preserve the historic and cultural heritage of Minister’s Island for the people of New Brunswick;
(c) to preserve the aesthetic beauty of the Saint Andrews Local Service District in order to maintain its attractiveness to residents and tourists;
(d) to encourage the realization of tourism development opportunities;
(e) to protect water in the Saint Andrews Local Service District from pollution;
(f) to improve the quality of the waters of Chamcook Harbour, McCann Cove, Birch Cove and the St. Croix River area so as to permit fishing, aquaculture and the harvesting of clams for raw consumption;
(g) to assess the extent of pollution caused by the Town of Saint Andrews’ dump and to encourage the relocation of the dump if the assessment so warrants;
(h) to encourage the provision of public access to the intertidal zone;
(i) to encourage the establishment of a public boat launching facility;
(j) to encourage the creation of a recreational centre for the Saint Andrews Local Service District;
(k) to encourage the development of light industry which is non-polluting; and
(l) to encourage the continuing liaison with the other communities in the peninsula with regards to mutual concerns respecting land use and development.
It is also the objective of the Saint Andrews Local Service District Basic Planning Statement, for the purposes of long term development of the area, to have the following studies undertaken and the Saint Andrews Local Service District Advisory Committee should make every effort to persuade the appropriate government departments to undertake and assist in these studies:
(a) a regional solid waste management study to determine the logistics, costs, timing and environmental suitability of establishing an alternate site for disposal of solid waste;
(b) an investigation of the CP Rail right-of-way for possible development and management as a recreation corridor in conjunction with the proposed trail system around Minister’s Island;
(c) an investigation of the status of traditional access points to the intertidal zone to determine whether they are legally accessible to the public; and
(d) the consideration and development of Route 127 as a scenic route and implementation of improvements or alterations which would make it as visually pleasing as possible through such means as the preservation of vistas, use of materials, design of signs and guardrails, and so on.
OBJECTIVES TO BE ACCOMPLISHED BY A ZONING REGULATION
If a zoning regulation were to be adopted in the future, the objectives to be accomplished by that zoning regulation would be
(a) to minimize land use conflicts between residential, commercial and industrial developments,
(b) to protect the natural environment, and
(c) to establish standards for the erection of buildings and structures.
PROPOSALS CONCERNING PERMITTED USES
The following proposals are aimed at channelling future development in accordance with the objectives of the Saint Andrews Local Service District Basic Planning Statement. Areas have been designated for specific uses on a map entitled Saint Andrews Local Service District Plan attached as Schedule C. Proposals relating to these uses are as follows:
Rural Area
The area designated as the Rural Area does not have a known high resource value but it is environmentally sensitive. It is proposed that the following shall be permitted uses in the Rural Area:
It is proposed that single family dwellings, two family dwellings and multiple family dwellings shall be permitted uses, subject to applicable statutes and regulations including, but not restricted to, those respecting subdivision, health and building.
It is proposed that recreational uses which are primarily outdoor- oriented shall be permitted uses.
It is proposed that seasonal uses, including cottages, shall be permitted uses.
It is proposed that a recreational centre shall be a permitted use and also any uses which meet community needs such as a community hall, playing fields and structures associated with such uses.
It is proposed that agriculture and farming shall be permitted uses.
It is proposed that forestry and the operation of farm woodlots and fishing shall be permitted uses.
It is proposed that tourist accommodation in the form of motels and campgrounds shall be permitted uses, subject to the requirement that the proponent provides and maintains a five metre landscaped buffer between such permitted use and adjacent properties.
It is proposed that light industry shall be a permitted use subject to the following requirements:
(a) the industry is non-polluting; and
(b) the proponent provides and maintains a five metre landscaped buffer between the industry and adjacent properties.
The requirement that a light industry be non-polluting means that it shall not create any of the following kinds of pollution: noise, air, surface or water.
Chamcook Lake Watershed
The Department of Environment has defined the boundaries of the Chamcook Lake watershed and these boundaries are set out in Schedule C. For accurate delineation of the watershed, reference should be made to the maps held by the Department of Environment.
Chamcook Lake is a source of potable water. There are indications that the present level of development in the Chamcook Lake watershed area may be at the point where additional development could render the quality of the water supply unsuitable without further treatment.
The Department of Environment is in the process of setting restrictions and standards to be met within the delineated watershed area and will specify uses permitted for development within the area.
Minister’s Island
Minister’s Island is owned by the Province and is protected under the Historic Sites Protection Act. It is proposed that before any development of the area designated as Minister’s Island proceeds, a development scheme for all or part of the area under section 32 of the Community Planning Act be adopted. It is proposed that the guidelines for the preparation of a development scheme for the area shall be as follows:
(a) the Island is to be developed only in a limited way, leaving it in a state reflecting the Van Horne and pre Van Horne eras;
(b) except for access to Covenhoven and for service vehicles, no provision for public motor vehicular circulation is to be made;
(c) parking for land vehicles is to be provided and docking for watercraft may be developed;
(d) the archeological sites on the Island are to be preserved and protected from unauthorized intrusions;
(e) a trail system is to be established around the Island which is linked via the Bar and the Bar Road with the proposed recreation corridor along the CP Rail right-of-way;
(f) lands in the central portion of the Island may be leased for agricultural purposes that will preserve the general appearance of the historically cultivated land;
(g) Covenhoven is to be renovated and restored
(i) to provide tourist accommodation and a meeting place with certain areas of the interior of the buildings and most of the grounds open to the general public, or
(ii) as a museum or as an art and cultural centre or a combination of both; and
(h) limited tourist accommodation may be built at the Covenhoven site if it would blend harmoniously with the site and would be of an architectural style which complements that of Covenhoven.
Recreation Corridor
It is anticipated that the portion of the CP Rail track running from the Town of Saint Andrews to the north end of Limeburners Lake may be abandoned making the right-of-way available for other uses. It is proposed that the area designated as the Recreation Corridor, which contains the right-of-way, be developed for such activities as hiking, bicycling and cross-country skiing and that it be linked with the Bar Road leading to a trail system around Minister’s Island. It is proposed that all motorized vehicles be excluded from any trails and right-of-ways in the Recreation Corridor.
N.B. This Regulation is consolidated to June 30, 2000.