1.1 PURPOSE

This Official Plan has been prepared to guide the development of Eastern Kings until 2012. It is an updated and substantially revised version of the 1999 Official Plan and is based on many of the policies contained within the 1999 Official Plan.

The revised Plan has taken into consideration a number of environmental, physical, economic and social trends in setting the community’s land use policy direction, such as consumer demand for more diverse housing types; heightened environmental awareness and concern, changes in the economy which are effecting increase in development pressures to remove the scenic landscape zone, as well as allow more development along the public highway system.

This Plan responds to these trends and issues, as well as others, and presents updated policy guidelines for the management of growth in the Community of Eastern Kings over the next decade.

The Plan is a formal set of objectives and policies approved by Council, taking into account residents’ and property owners views concerning the nature, extent and pattern of future land use development within the Community. Once approved, the Plan has a legal status which requires that all development and use of land be consistent with policies of the Plan.

1.2 LEGAL AUTHORITY

The Planning Act give the Eastern Kings Community Council most of its powers. The Planning Act gives Council the authority to appoint a planning board and to adapt an official plan for the Community.

1.3 TIME PERIOD

The value and success of this Official Plan is dependent upon the feasibility of the implementation measures and its acceptance by the residents of the Community of Eastern Kings.

It is the intention of Council that:
a) the Official Plan shall be the prime policy document providing the framework by which growth and development of the Community shall be encouraged, controlled, and co-ordinated over the next ten (10) years;
b) the Plan shall be implemented through the powers of Council as provided by the Planning Act and the Municipalities Act;
c) the Plan will be reviewed when it considers it necessary but no later than ten (10) years from the date the Plan was approved.

1.4 PLANNING AREA

The geographical area that is the subject of the Official Plan 2002 is the area within the legal municipal boundaries of the Community of Eastern Kings.

2.0 DEVELOPMENT GOALS

2.1 INTRODUCTION

The Goals presented in this Section are broad statements indicating the overall shared vision of the Council, its residents, farmers, business operators and property owners in terms of the future direction of the Community. These Goals provide the framework and general direction for the subsequent, more detailed statements which follow.

2.2 GOALS

The Goals for the Community are broken down into the following:

2.2.1 Social
* to preserve our rural lifestyle and values;
* to foster social interaction and healthy lifestyles;
* to better serve the needs of seniors, youth and the mentally and physically challenged;
* to promote a wide range of housing opportunities to meet the changing needs of a diverse population of varying ages, income levels, family type, accessibility and lifestyles.

2.2.2 Economic
* to maintain affordable tax rates;
* to protect our major attractions;
* to protect the long term viability of agriculture;
* to continue the development of a strong tourism industry which is based on quality, diversity and sensitivity for the community’s history and context, and
* to develop a long term sustainable economy which is in harmony with the natural carrying capacity of the Planning Area.

2.2.3 Physical
* to encourage a high standard of site planning and development;
* to establish a plan for future development which minimizes land use conflicts;
* to ensure that storm water run-off is managed in a safe, cost -effective and environmentally sensitive manner;
* to ensure that waste water is treated and disposed of in a healthy, efficient and environmentally acceptable manner;
* to ensure a secure and safe supply of potable water;
* to promote improvements to the provincial transportation system, and
* to encourage the development and the maintenance of a safe and efficient transportation system.

2.2.4 Environmental
* to identify, protect and enhance important and significant environmental features;
* to encourage responsible waste management;
* to protect the quality and supply of groundwater and surface water resources;
* to generally promote higher standards of environmental management;
* to minimize air and noise pollution, and
* to ensure that the environmental impacts of development do not compromise the ability of future generations to meet their needs and enjoy the quality of life that we enjoy today.

2.2.5 Renewable Energy
* to promote the development of renewable energy generation facilities which will provide the Community and Province with more cost -effective energy sources.
* to promote the development of renewable energy generation facilities which will provide the Community and Province with cleaner, more environmentally friendly energy sources.

3.0 OBJECTIVES, POLICIES AND PLAN ACTIONS

3.1 INTRODUCTION

This section represents the policy core of the Official Plan. The Objectives provide more precise statements which address specific issues and concerns within the Municipality.

Policies and Plan Actions outline the proposed course of action to achieve the performance targets described in the Objectives. Policies indicate with some precision the approach the Municipality will take in pursuing its Objectives. Plan Actions are concrete measures which implement that approach.

3.2 AGRICULTURE

The Plan recognizes the overriding importance of agriculture in the economy of Eastern Kings and its role in shaping the lifestyle of the community. It follows that farming should have priority in the use and availability of prime land and must be protected from development that would conflict with it.

The importance of agriculture to the long term health of the community has been well documented and farming must be seen as a long term component of the local economy, not merely a temporary use of the land.

Council will take this preference into account when considering proposed uses of prime land that is of parcel size sufficient for agricultural purposes. The same applies when Council is deciding on a proposed development that would conflict with agriculture, when that development would take place on:
* any land adjoining active farm land; or
* any land adjoining idle prime land which it is reasonable to expect will have a future in agriculture.

OBJECTIVES
It is the objective of Council:
* to support the long term economic viability of farming in the Community;
* to minimize land use conflicts between farmers, and its residents;
* to accommodate a range of compatible development in rural areas;
* to encourage responsible farming and forestry practices;
* to encourage an active dialogue and exchange of information between farmers, and its residents; and
* to facilitate the appropriate transition of rural lands to more intensive development use in response to market demand and sound planning principles.

POLICIES
In order to achieve these objectives, Council shall adopt the following policies:

Policy PA - 1 Zoning
Council shall identify the majority of the Planning Area primarily for agriculture and compatible rural land uses.

Plan Action
* The Zoning and Development Bylaw shall designate as Rural all those lands which are not currently designated.
* Types of development will be listed and provisions governing development will be established.

Policy PA - 2 Agricultural Practices
While Council has a limited role in the regulating of agricultural practices such as spraying, crop rotation, cultivation and grazing practices, etc., Council intends to work with the farming community and the Provincial Government to encourage responsible agriculture and forestry practices and to foster a better understanding between residents and farmers.

Plan Action:
* Council shall establish provisions in the Development Bylaw restricting disturbance of natural vegetation adjacent to streams, wetlands and other surface water bodies.
* Council shall maintain an active dialogue with the farming community and the Provincial Government aimed at fostering responsible agriculture and forestry practices.
* Council shall work closely with the Provincial Government (Environment Department) to ensure that the Community’s surface water resources are protected from degradation and that appropriate penalties are applied and remedial action taken where damage has occurred.

PA - 3 Livestock Operation
It shall be Council’s policy that livestock operations be permitted within the Community providing that such operations conform with provincial guidelines.

Plan Action
The Development Bylaw will make provisions for livestock operations to conform with the PEI Department of Agriculture and Forestry’s “Guidelines for Manure Management and Separation Distances”.
Intensive livestock operations shall be protected from encroachment from non-farm developments via the establishment of building setbacks.

PA - 4 Land Use Conflicts
It shall be Council’s policy to minimize land use conflicts between agriculture and non-compatible land uses by requiring greater building setbacks where possible from property lines adjacent to active farmland.

Plan Action
The Development Bylaw will make provisions for greater setbacks when non-conforming land uses are located adjacent to farmland.

3.3 RESIDENTIAL
Residential growth in the Community has been for the most part in single family homes and scattered summer cottages along the coast. However, with changing economic conditions, Council recognizes the necessity to accommodate anticipated demand and preferences for other forms of residential housing in an orderly, economic manner, while reducing the possibility of land use conflicts.

Home occupations (small business enterprises) will be allowed within the Community providing they don’t become disruptive to adjacent neighbours.

Bed and Breakfast establishments will be allowed in a single family dwelling up to three (3) rooms without a development permit.

OBJECTIVES
It is the objective of Council to:
* to encourage low to medium density residential housing (up to four units);
* to ensure high standards of subdivision design, site planning and physical appearance;
* to minimize land use conflicts with non-compatible adjacent land uses;
* to ensure that residential development is appropriate serviced and sensitive to the natural environment;
* to ensure that residential development is sustainable;
* to ensure that home occupations are not disruptive to adjacent neighbors;
* to encourage garden suites and bed & breakfast establishments;
* to limit residential development along the collector highway; and
* to promote only seasonal type activities to locate on seasonal public roads and private rights-of-ways.

POLICIES
In order to achieve these objectives, Council shall adopt the following policies

Policy PR-1 Development Standards
It shall be the policy of Council to impose development standards for residential development which ensure public health and safety, adequate lot sizing, building setbacks, visual appearance and site compatibility.

Plan Action
* The Development Bylaw shall establish residential standards relating to lot sizes, lot configuration, servicing, building setbacks, visual appearance and phasing.
* The Development Bylaw where possible encourage residential architectural standards which reflect traditional Island building forms.

Policy PR-2 Residential Unit Policy
It shall be the policy of Council that only low to medium density residential dwelling units shall be permitted within the Community.

Plan Action
The Development Bylaw will restrict residential development in the Community to four (4) dwelling units and will establish provisions governing multiple dwelling units.

Policy PR-3 Bed & Breakfast
It shall be the policy of Council not to consider the provision of overnight accommodations within a single family dwelling to be a commercial venture, but rather a small scale operation whereby the owner or operator offers overnight accommodations.

Plan Action
The Development Bylaw shall allow the operation of “bed & breakfast” establishments without a Development Permit providing that they are limited in size and conform with the requirements of the Fire Marshall’s Office and Quality Tourism.

Policy PR-4 Mobile Homes
It shall be the policy of Council to allow mobile homes within the Community as single family units.

Plan Action
The Development Bylaw will make provisions for allowing mobile homes as permitted use within the Community.

Policy PR-5 Mobile Home Court
It shall be the policy of Council that all applications for a mobile home court will require a public meeting.

Plan Action
The Development Bylaw will require any development application for a mobile home court to obtain approval from the municipality via a public meeting.
Policy PR-6 Travel Trailers
It shall be the policy of Council to restrict the use of travel trailers.

Plan action
The Development Bylaw shall restrict the long term use of travel trailers except for temporary residential use in a designated campground or RV park or via a temporary permit.

Policy PR-7 Home Occupation
It shall be the policy of Council to allow home occupations in a single family dwelling or within an accessory building on the same lot.

Plan Action
The Development Bylaw will make provisions for home occupations subject to conformity with specified conditions.

Policy PR-8 Additional Dwelling - Exception
It shall be the policy of Council that no person shall locate more than one building or structure for use as a part-time or year-round dwelling on a lot or existing parcel of land except:
(a) in conjunction with a farm parcel, and where the use of the dwelling is clearly incidental to the use of the main building;
(b) as a garden suite in conjunction with a single unit dwelling;
(c) in the case of a tourist operation, where rental accommodations are grouped on a lot or existing parcel of land; or
(d) as part of a resort development.

Plan Action
The Development Bylaw will make provisions regulating the locating of more than one dwelling on a lot or parcel of land.

Policy PR - 9 Land Use Conflicts
It shall be the policy of Council that increased building setbacks be established between new residential development and adjacent properties where there is a change of use which would have the potential for conflicts.

Plan Action
Bylaws will be adopted requiring increased building setbacks be established between new residential development and adjacent properties where there is a change of use which would have the potential for conflicts.

3.4 COMMERCIAL
Commercial development within the community is limited to a convenience store, several repair shops and several tourist related uses. It is the objective of the Council to permit a limited amount of commercial development within the Community, while maintaining the rural character and minimizing land use conflicts with adjacent land uses.

POLICY
In order to achieve this objective, Council shall adopt the following policy:

Policy PC-1 Commercial
It is the policy of Council to allow those commercial uses directly related to the servicing or sale of products related to resource uses, neighborhood convenience or personal service nature, tourist related uses, and renewable energy generation.

Plan Action
The Development Bylaw shall establish the types of commercial uses and development standards which will be applied.

Policy PC - 2 Land Use Conflicts
It shall be the policy of Council that increased building setbacks be established between new commercial development and adjacent properties where there is a change of use which would have the potential for conflicts.

Plan Action
Bylaws will be adopted requiring increased building setbacks be established between new commercial development and adjacent properties where there is a change of use which would have the potential for conflicts.

3.5 INDUSTRIAL
The majority of industrial activity within the Community is related to fishing and agricultural related uses. It is the objective of Council to encourage expansion of established industries and to permit a limited amount of industrial development within the Community, while maintaining the rural character and minimizing land use or environmental conflicts with adjacent land uses.

POLICY
In order to achieve this objective, Council shall adopt the following policy:

Policy PI-1 Industrial
It shall be the policy of Council to encourage expansion of existing industries and to permit a limited amount of industrial development within the Community, while minimizing land use or environmental conflicts.

Plan Action
The Development Bylaw will make provisions governing the types of industrial development which will be permitted and development standards which will be applied.

Policy PI - 2 Land Use Conflicts
It shall be the policy of Council that increased building setbacks be established between new industrial development and adjacent properties where there is a change of use which would have the potential for conflicts.

Plan Action
Bylaws will be adopted requiring increased building setbacks be established between new industrial development and adjacent properties where there is a change of use which would have the potential for conflicts.

3.6 INSTITUTIONAL
The Council recognizes the importance of the services and amenities provided not only by the various institutions located within the Community but also by Souris. They contribute greatly to the social, health and cultural development of its residents, their safety and the local economy. Council must be sensitive to the needs of its present facilities and supportive of the actions of its neighboring communities to maintain those regional facilities on which its residents depend.

OBJECTIVES
It is the objective of the Council:
* to protect the existing institutional uses in the community;
* to protect those other regional facilities in which its residents depend;
* to ensure that services provided by the community are kept efficient and responsive to the needs of the residents; and
* to promote the wise use of land controlled by the various institutions.

POLICIES
In order to achieve this objective, Council shall adopt the following policies:

Policy PIN -1 General
It shall be the policy of Council to protect the Community’s current institutional facilities and to encourage the development of new facilities in response to local needs. Council shall also support the efforts of its neighboring communities to protect and enhance those regional institutional facilities on which its residents depend.

Plan Action
Council shall support the efforts of its neighboring communities to ensure the long term health and viability of regional institutional facilities, such as schools, churches, health centres, etc.

Policy PIN - 2 Development Standards
It shall be the policy of Council to impose development standards for institutional which ensure public safety, adequate parking, sufficient lot sizing, appropriate buffering, high standards of landscaping and overall visual appearance and site compatibility.

Plan Action
The Development Bylaw will make provisions governing the type of uses and development standards which will be applied.

3.7 TRANSPORTATION
Although the Eastern Kings Community does not own or have direct responsibility for any of the public or private roads in the municipality, Council does have a vital role in transportation planning. Given the critical relationship between land use and traffic generation, it is imperative that Council work closely with the Department of Transportation & Public Works to ensure that safe and efficient transportation facilities are provided to service the needs of the Community, and that land use patterns and development standards do not undermine the efficiency or safety of the transportation network.

Council will work to ensure that the transportation system efficiently serves both local and regional needs. Collector, local and seasonal roads will be designed to reflect their unique roles and functions. Access to road systems will be controlled to maximize safety and efficiency. Council must also continue to assist the Province in identifying annual road maintenance requirements and significant safety, design and drainage problems in the Community.

OBJECTIVES
It is the objective of Council:
* to continue to work closely with the Provincial Government to ensure the development and maintenance of a safe and efficient transportation system; and * to coordinate land use planning and transportation activities.

POLICIES:
In order to achieve these objectives, Council shall adopt the following policies:

PT-1: Co-ordination
It shall be the policy of Council to work closely with officials with the Department of Transportation & Public Works in the design and the management of the community’s transportation system. Priorities will include co-ordination of land use planning and transportation planning, design of new transportation facilities and upgrading of existing facilities, control of private accesses and storm water management.

Plan Action:
* Council will circulate all new applications to the Department of Transportation & Public Works for review which involve: the construction of public roads; development applications for commercial, industrial and institutional development; and development applications where the access driveway would appear suspect for sight distance.
* Council will meet routinely with officials of the Department of Transportation & Public Works to jointly review: annual road maintenance priorities; speed limits; roadway and intersection improvements.

PT- 2 Capital Cost
It shall be the policy of Council to require that developers of major developments contribute to the capital cost of road improvements which may be required as a direct result of the development. Developers of residential subdivisions shall continue to be responsible for the full cost of all subdivision streets.

Plan Action:
* Developers shall be required to contribute to the capital cost of any road improvement which may be required to accommodate any new development.
* Developers shall pay the full cost of the design and construction of subdivision streets and storm water systems.

PT- 3 - Pedestrian Circulation
It shall be the policy of Council to promote pedestrian and bicycle traffic and to provide for the safe movement of pedestrians and cyclists within the Community.

Plan Action:
* Council shall continue to support the Confederation Trail System.

PT - 4 Highway Access
It shall be the policy of Council to ensure safe and efficient road network exists in the Community to serve residents and the traveling public.

Plan Action:
* The Zoning & Development Bylaws will require along any collector, local or seasonal highway that all proposed entrances including the entrance way to any remaining portion of land must conform with the minimum sight distance standards set out in the Roads Act Highway Access Regulations.
* The Zoning & Development Bylaw will require the developer obtain an Entrance Way Permit from the Department of Transportation & Public Works for any development along a seasonal road prior to the issuance of a Development Permit.

PT - 5 Road Classification
It shall be the policy of Council to categorize the public road system within the Community in accordance with the Road Classification for Public Roads, Roads Act Regulations. Refer to Map 1 for Classification of Public Roads.

Plan Action:
* The Zoning and Development Bylaw will classify all public roads in accordance with the Roads Act Regulations as the basis for establishing specific provisions respecting subdivision and development.

PT- 6 Development Along Public Highways
It shall be the policy of Council that development along the public highway system will be permitted providing it is compatible with the Planning Act Regulations governing the subdivision of land adjoining highways.

Plan Action
* The Zoning & Development Bylaw will adopt the Province’s policies and regulations regarding the subdivision and development of land adjoining highways.

PT - 7 Off-Street Parking
It shall be the policy of Council that all new development provide sufficient off-street parking facilities to accommodate employees, visitors and other traffic and constructed to specific design standards.

Plan Action:
* The Bylaw will set out parking standards for various types of development and construction requirements for parking lots.

PT-8 Development Along Private Road
It shall be the policy of Council that no development for any year round use shall be permitted on a lot or parcel served by a private road, except for the following types of development: (a) single family dwellings, provided the lot or parcel is not part of a subdivision utilized by summer cottages;
(b) farm buildings;
(c) summer cottages;
(d) resort developments.

Plan Action
The Development Bylaw will make provisions outlining the types of development that may be served by a private road.

PT-9 Subdivision Roads
It is the policy of Council that all subdivision roads are public unless the road serves a subdivision used for summer cottages or is within a resort development. Road right-of-ways within subdivisions shall have a minimum width of 66 feet (20.1 metres) unless the road is private owned serving up to three summer cottage lots, excluding existing approved lots, may have a minimum width of twenty-four feet (7.3 metres).

Plan Action
The Development Bylaw will make provisions regarding the status of roads and width requirements.

3.8 MUNICIPAL SERVICES
The Community of Eastern Kings currently supplies the following municipal services: fire protection, administration and recreation services. Police services are provided by the Royal Canadian Mounted Police station out of Souris. Garbage collection is provided by the Island Waste Management Commission. A range of other services are provided by the Province and the Town of Souris.

Council will be required to monitor demands for various municipal services and implement changes or upgrading in a well planned manner, keeping in mind the priorities of public health and safety, maintenance of affordable tax and protection of the natural environment.

OBJECTIVES:
It is the objective of Council:
* to enact policies and bylaws which will ensure the long term effectiveness of on-site sewage disposal systems;
* to ensure an adequate supply of high quality domestic water supply for all residents, visitors and business operators;
* to provide for solid waste management, collection and disposal in a manner which minimizes financial cost and environmental impacts;
* to provide cost effective and high quality fire, police and emergency services;
* to manage storm water run -off in the most cost effective and environmentally appropriate manner;
* to provide a strategy for responding to man-made and natural disasters which could affect the Community;
* to continue to support the Community Centre at Munn’s Road, and
* to aim for a mutually supportive variety of recreational services in co-operation with the other municipalities.

POLICIES
In order to achieve this objective, Council shall adopt the following policies:

PMS-1 - On-site Sewage Disposal
It shall be the policy of Council to work closely with government departments to ensure that all developments are serviced by high quality, well maintained on-site sewage disposal systems which are designed to reflect site suitability and long term operational requirements.

Plan Action:
* Council will work closely with the various government departments to ensure that all on-site sewage disposal systems are installed to reflect the suitability of the site in regards to the most appropriate sewage system design.
* Council will distribute public information on the importance of proper care and maintenance of septic systems with all new Development Permits.

PMS -2 Water Conservation
It shall be the policy of Council to encourage water conservation wherever possible.

Plan Action:
* Council shall distribute public information on water conservation.
* Council shall promote the use of low flush toilets and may require their installation in new developments which utilize large volumes of water.

PMS-3 Storm water Management
It shall be the policy of Council to work closely with the Department of Transportation & Public Works to ensure that storm water run-of is managed which is cost- effective ,environmentally acceptable and minimizes the risk to public health, safety and public property.

Plan Action:
* Council shall work with the Department of Transportation & Public Works to ensure that storm water systems are properly installed and maintained in the Community.
* All new subdivisions involving the construction of public roads and major developments shall be required to submit a storm water management plan, prepared by a licensed engineer for review by the Department of Transportation & Public Works and the Department of Fisheries, Aquaculture & Environment.
* No activity within 10 metres of a watercourse / wetland will be permitted without a Watercourse Alteration Permit from the Department of Fisheries, Aquaculture & Environment.

PMS- 4 Solid Waste
It shall be the policy of Council to promote solid waste reduction, re-use and recycling and work with the Island Waste Management Commission to put in place a solid waste disposal system which is economical and environmentally acceptable.

Plan Action:
Council will support the implementation of the Waste Watch Program within the Planning Area.

PMS - 5 Police Protection
It shall be the policy of Council that the Community shall continue to utilize the police protection provided by the Royal Canadian Mounted Police under its contract with the Province.

Plan Action
Council will annual review the level and quality of police protection service and security provided to the Community, and shall prepare a public report to be presented at the Community’s annual meeting.

PMS - 6 Fire Protection
It shall be the policy of Council that the Community shall continue to provide its own fire protection from the Eastern Kings Fire Hall.

Plan Action
Council will annual review the level and quality of service provided by the fire department. A report will be prepared on its level of service and funding allocations for fire service.

3.9 ENVIRONMENTAL PROTECTION
Long term planning for the Community must be founded on a well informed understanding and respect for the area’s natural system. The area’s long term economic health can only be assured it is based on a “sustainable economy” which reflects the Planning Area’s natural carrying capacity.

The Planning Area is totally dependent on groundwater for its domestic water supply; the local fishery, tourism and wildlife is also dependent on the quality of our surface water; wildlife is dependent on the protection of habitat areas; groundwater volumes and quality are dependent on the preservation of vegetation and aquifer re-charge areas and control of pollution. The contributions of these resources and the physical appeal of its exceptional beauty (dunes, beaches, etc.) make it uniquely dependent on a healthy natural environment for its long term health and prosperity.

The Basin Head lagoon contains a unique species of Irish moss that is found no where else in the world. This species, which is much larger than common Irish moss is free floating. It contains a higher percentage of carrageenan which makes it more valuable, and could therefore have significant economic benefit to the aquaculture industry. In order to preserve this Irish moss , the lagoon will need protection. Such protection will also serve to protect other flora and fauna found in this very picturesque marine site. While the Department of Fisheries and Ocean’s regulations can control activities within the lagoon, the quality of water within the lagoon is largely dependent on land management within the lagoon watershed.

In the future a high level of awareness and understanding of the sensitivity and interdependence of these vital natural features must be reflected in the land use and management decisions of those who utilize these systems and depend upon them. Council must play a leadership role in promoting more effective and responsible stewardship of our natural environment.

OBJECTIVES
It is the objective of Council of Council:
* to protect the natural environment from significant negative environmental impacts resulting from development;
* to protect and enhance the quality of surface water;
* to protect the quality and quantity of the area’s vital groundwater resources;
* to protect and enhance wildlife habitat areas;
* to minimize erosion and siltation resulting from construction and farming practices;
* to minimize air and noise pollution, and
* to protect the Basin Head Lagoon system from environmental impacts from increased development.

POLICIES
In order to achieve these objectives, Council shall adopt the following policies:

PEP - 1 Zoning
It shall be the policy of Council to identify a number of environmentally sensitive areas within the Community for protection. The areas for designation as environmentally sensitive areas on the Generalized Future Land Use Map (Map 2) are: the sand hills at Basin Head and South Lake, and the lagoon system at Basin Head.

Plan Action:
* The Zoning and Development Bylaw shall create two zones: 1) a Conservation Zone (O3) which includes the Basin Head and South Lake sand hills and 2) a Marine Protection Zone (MP) which includes all the land 1000 feet back, measured from the top of the bank, surrounding the proposed / designated Basin Head Lagoon Marine Protected Area and not included as part of the Conservation Zone.
* Types of development will be listed and provisions governing development will be established.

PEP-2 Natural Features Protection
It shall be the policy of Council to:
* to maintain certain representative/significant sand dune formations as non-development areas;
* to prohibit development of land on primary and secondary sand dune formations and on bay mouth barrier sand dune systems (i.e., sand bars enclosing major coastal embankments);
* to require, for subdivision and development of land in the proximity of migrating primary and secondary sand dune formations, that a reasonable portion of land, onto which the dune can continue to migrate, be set aside as a non-development area;
* to prohibit subdivision and development of land on tertiary sand dune formations if the location, extent, nature and density of the development is deemed to have the potential to significantly and negatively alter the natural, physical and biological features of the area. Subdivision and development of land on tertiary dune formations will only be permitted where the total developed portions of the site (i.e., where the soil is disturbed by construction of buildings, utility services, landscaping and access roads) do not exceed a small percentage of the total property area;
* to require that the subdivision of land, and the construction of buildings and utilities adjacent to eroding shoreline on the perimeter coastline, and inland bays and estuaries, have shore front buffers and /or setbacks of sufficient distance from the top of the bank to ensure that the adverse effects of erosion do not endanger the development over its reasonable life;
* Exceptions will be generally be made for fishing sheds, aquaculture facilities, boat launching facilities and wharves;
* to require a subdivision buffer when subdividing adjacent to a watercourse / wetland;
* to prohibit building development within a distance from the boundary of the watercourse / wetland;
* to assess the environmental impact of all building development applications for agricultural and industrial purposes in close proximity to the boundary of a watercourse / wetland;
* to establish forested riparian zones in all forested areas that border on watercourses and designated wetlands, and

Plan Action:
Bylaws will be developed adopting many of the Province’s policies and regulations regarding the subdivision and development of land adjacent to or on sensitive natural features.

PE -3 Groundwater Protection
It shall be the policy of Council to work with the Environment Department to protect both the quality and quantity of groundwater resources in the Planning Area. Plan Action
* Development Permit applications shall be required to identify any underground petroleum storage tanks.
* Council shall encourage the maintenance and protection of features which contribute to groundwater re-charging such as wetlands, storm water retention areas, trees and other dense vegetation.
* Land uses which would utilize extremely high volumes of fresh water will require an environmental assessment for potential impacts on groundwater resources.
* Council shall identify literature on water conservation, safe disposal of household hazardous wastes and other information pertaining to the protection of the groundwater supply and make it available to residents and property owners. Council will encourage the use of low flush toilets and other water conservation measures.
* Council will work with the Environment Department to identify and appropriate seal all abandoned wells, and to encourage improved protection of active wells through management of surface run-off, grouting, casing and other measures.

PE -4 Surface Water Protection
It shall be the policy of Council to protect and enhance the quality of streams, ponds, rivers, wetlands and other surface water features in the Planning Area.

Plan Action
* The Development Bylaw shall establish a buffer area adjacent to all wetlands and watercourses, limiting construction activities and minimizing the disruption of natural vegetation.
* The Development Bylaw shall prohibit any activity within 10 metres of a watercourse / wetland without a Watercourse Alteration Permit, as required under the Environmental Protection Act. Such permit to be obtained from the Environment Department.
* Council will work with the various government agencies and interested parties to develop management plans for all major streams and wetlands within the Planning Area.

PE -5 Erosion and Siltation Control
It shall be the policy of Council to regulate develop activities in order to minimize soil erosion and resultant siltation of surface water bodies.

Plan Action
* The Development Bylaw shall require construction projects to implement erosion and siltation control measures to ensure the protection of adjacent streams and wetlands.

PE - 6 Habitat Protection
It shall be the policy of Council to work with the Environment Department to identify significant habitat areas in the municipality, to restrict development in and adjacent to these areas, to encourage the implementation of management plans.

Plan Action
* Where significant habitat areas have been identified Council shall work with land owners and other interested parties to develop management plans.
* Council shall consider the zoning of particular significant areas as conservation area.
* Council will attempt to encourage public control and ownership through donations or purchase by other public or private conservation interests.

PE -7 Air Quality / Noise
It shall be the policy of Council to restrict those activities in the Planning Area which would be detrimental to air quality or effects the rights of residents to the peaceful enjoyment.

Plan Action
* The Development Bylaw shall restrict land use activities other than farm activities, which pose a public nuisance due to: smoke; odors; dust or other emissions; noise or excessive vibrations; hours of operation or excessive lighting.
* Council shall continue to address nuisance complaints through direct negotiations with the parties.

PE - 8 Visual Amenity
It shall be the policy of Council to encourage a high level of property maintenance and visual amenity in the Planning Area

Plan Action
*Council shall look at enacting a Minimum Maintenance Bylaw which will impose controls on: dilapidated premises, noxious weeds, unsightly outdoor storage, clutter or garbage, dilapidated fencing or signage, screening or landscaping elements, and other matters as may detract from the general appearance of the Community.
* Council shall encourage developers to consider the visual context of their developments and to sensitivity integrate new development into the surrounding natural and man-made features.

3.10 FORESTRY
Forestry is a major community resource within the Planning Area and contributes greatly to the local economy. It enhances water quality and storage and provides a habitat for varies forms of wildlife and recreational uses. As well, woodlands provide a natural beauty along some of our most rustic roads, such as the Tarantum Road, Glen Road and Father James Road.

A number of wood lot owners have entered into government assistance programs for stand improvements. This action, while returning little profit initially, will help to ensure the availability of good quality forest products for future generations.

OBJECTIVES
It is the objective of Council:
* to promote greater awareness of the forest as a group or renewable natural resources.
* to encourage landowners to practice sound forest management, and
* to promote sustainable management of our resources.

POLICIES
* to encourage forest management practices
* to encourage conversion of woodland for growing of blueberries where it does not conflict with other objectives.
* to prevent the cutting of trees along the borders of our scenic roads.

Plan Action
* Council will encourage wood lot owners to implement good forestry management practices.
* Council will look at having certain sections of the Tarantum Road, Glen Road and Father James Road designated as Scenic Roads.

3.11 HERITAGE
Community Heritage Resources are the physical elements that make each community what it is. Heritage conservation has many potential cultural, social and economic benefits . It allows a community to convey a sense of history, it provides aesthetic enrichment, as well as educational opportunities.

If the community is to be successful in retaining significant heritage resources for future generations an overall heritage strategy is necessary.

POLICIES
It is the policy of Council:
* to continue to support the facilities at Basin Head, Elmira and East Point.
* to identify and prepare through public awareness, those assets of physical, natural and cultural significance which are valued and define for present and future generations.
* to limit development or disturbance at known archaeological sites until examination of them have been completed.

3.12 RENEWABLE ENERGY GENERATION FACILITIES

Renewable energy production is a fast growing industry, with many potential benefits to society. The PEI Government has already made a substantial commitment to developing renewable energy facilities, most notably wind turbine electrical generation, on the Island. The potential exists for small-scale renewable energy generation facilities, utilizing sun, wind, flowing water and biomass production, to develop within the Community.

Objectives:
* to encourage the development of renewable energy generation facilities in the Community; and
* to minimize potential land use, environmental and aesthetic conflicts between renewable energy generation facilities and other land uses within the Community.

Policy RE - 1 Renewable Energy Generation Facilities

It shall be Council’s policy that, except for lands within a Conservation Zone (03), renewable energy generation facilities, as defined in the Province’s Renewable Energy Act, R.S.P.E.I., 1988, Cap. 16, shall be permitted on lands in any zone within the Community, but such facilities shall be subject to specific restrictions.

Plan Action

The Community’s Zoning and Development Bylaw will make specific provisions respecting renewable energy generation facilities on any lands within the Community.

Policy RE - 2 Renewable Energy Generators on Lands to Shoreward Side of Route 16

It shall be Council’s policy that, in order to minimize any potential negative aesthetic impacts of renewable energy generation facilities on the visual quality of the Community’s shore area, and with the exception of medium and large capacity renewable energy generation facilities in conjunction with a resource industry, only small capacity renewable energy generation facilities shall be permitted on lands to the shoreward side of Route 16 within the Community.

Plan Action

The Community’s Zoning and Development Bylaw will indicate the size of renewable energy generators which shall be permitted on lands to the shoreward side of Route 16 within the Community, as well as the conditions under which such facilities will be permitted.

Policy RE - 3 Erection and Operation of Renewable Energy Generation Facilities

It shall be Council’s policy that, in addition to conformity with all applicable provisions of the Community’s Zoning & Development Bylaw, all renewable energy generation facilities shall be erected and operated in the Community in conformity with the Province’s Renewable Energy Act, R.S.P.E.I., 1988, Cap. 16.

Plan Action

The Community’s Development Officer shall ensure that any application for the erection and operation of a renewable energy generation facility in the Community conforms with all applicable provisions of the Community’s Zoning & Development Bylaw, as well as the Province’s Renewable Energy Act, R.S.P.E.I., 1988, Cap. 16.

Policy RE-4 Subdivision of Land for Renewable Energy Generation Facility

It shall be Council’s policy that any land within the Community subdivided for the purpose of erecting a renewable energy generation facility shall be exempt from the provisions of the Community’s Zoning and Development Bylaw respecting the subdivision of land.

Plan Action

The Community’s Zoning and Development Bylaw will exempt renewable energy generation facilities from the applicable provisions of the Bylaw respecting the subdivision of land.

4.0 FUTURE LAND USE

The Generalized Future Land Use Map (Map 2) depicts existing and future land use for the purpose of guiding future land use decisions. This land use map is intended as a general land use concept plan. It is not intended to replace, nor to show, as much detail as the zoning map.

4.1 Land Use Designations
Land use designations are the broad categories of permitted land uses. The following provides a brief description of each land use designation:

4.1.1 Rural Area
This comprises most of the Planning area, in which almost all forms of land use will be permitted and will be designated as rural on the Future Land Use Map.

4.1.2 Environmentally Sensitive Area
There are a number of significant environmentally sensitive dune areas and a very sensitive marine system within the Community which must be protected. A second designation will be established which will deals with these sensitive areas. These areas will be designated environmentally sensitive areas on the Generalized Future Land Use Map. The areas are the Basin Head and South Lake Sand Hills and the Basin Head Lagoon system. Development within these dune areas will be prohibited.

4.1.3 Marine Protection Area
As mentioned earlier, the Basin Head lagoon is a very sensitive and important marine system which must be protected from development. While the Department of Fisheries and Ocean’s regulations can control activities within the lagoon, the quality of water within the lagoon is largely dependent on land management within the lagoon watershed. As a result, a third designation will be established which will include all the land 1000 feet back from the top of the bank surrounding the proposed / designated Basin Head Marine Protected Area excluding any environmentally sensitive lands or dune systems referenced in the preceding subsection (4.1.2). Development within this area will be more restrictive regarding building setbacks from a watercourse, lot sizing and density of development.

5. 0 DEVELOPMENT PERMITS

5.1 General
The general development principles for development in the Community are that development shall not adversely effect sustainable development objectives, degrade the natural environment, cause land use conflicts, create safety hazards, or cause public health risks.

POLICIES

PDP- 1 Development Permit
It shall be the Council’s policy that no person shall, without first obtaining a Development Permit from the property development officer:
(a) commence the construction of any building or structure;
(b) locate any building or structure, or change the location of any building or structure on a lot;
(c) make any structural alterations that will change the exterior dimensions of any building or structure;
(d) change the use of any building or structure or land, or part thereof;
(e) intensify any non-conforming use;
(f) locate a travel trailer on any lot as the main or accessory use, other than in a travel trailer park where utility services are provided;
(g) create a mobile home park.

Plan Action
The Zoning and Development Bylaw shall require any person undertaking any development or change of use of land or premises to apply for a Development Permit, using a standard application form. The property development officer on behalf of Council shall process such applications and may approve or deny them based on the provisions of the Bylaw and this Plan. The property development officer on behalf of Council may attach such conditions as it deems appropriate to any development permit to ensure conformance with this Plan or any provincial regulations in effect.

PDP - 2 . Other Approvals Required
It shall be Council’s policy that its development permitting process conform with any provincial regulations which may be in effect.

Plan Action
The Zoning & Development Bylaw will require that no approval shall be given to a development until the following permits or approvals have been obtained as appropriate:
(a) where environmental approval is required under the Environmental Protection Act;
(b) where the Fire Marshall’s approval is required pursuant to the Fire Prevention Act;
(c) where an entrance Way Permit is required pursuant to the Roads Act;
(d) where a Quality Control Plan is required under the Barrier- Free Design Regulations made under the Provincial Building Code Act; and
(e) where a sewage disposal permit is required for the installation or upgrading of a sewage disposal system.

PDP - 3 Non-Conforming Uses and Buildings
It shall be the policy of Council that a non-conforming use may be continued, however, the building may not be enlarged or structurally altered. If the use has been discontinued or abandoned for a period of twelve (12) months consecutively, the building or structure shall not be used except in conformance with the requirements of this Bylaw, unless Council deems that the continued use is appropriate and would not be detrimental to the convenience, health or safety of residents in the vicinity or the general public.

A non-conforming building that does not comply with the standards in the new zoning bylaw may be enlarged or expanded provided that the enlargement or expansion does not increase the level of non-compliance and all other applicable provisions of this Bylaw are satisfied.

If the building is damaged beyond 50% of its value above the foundation, it can only be built to conform with this Bylaw, unless Council deems the continued use is appropriate and would not be detrimental to the convenience, health or safety of residents in the vicinity or the general public.

Plan Action
The Bylaw will set out provisions for non-conforming uses and buildings.

6.0 SUBDIVISIONS

6.1 Principles
Subdivision design shall be based on sound planning, engineering, and environmental principles, and shall demonstrate that the proposed subdivision is suited to the intended use, having due regard for
(a) compatibility with surrounding uses;
(b) the topography of the site;
(c) surface drainage on the site and its impact on adjacent parcels of land;
(d) traffic generation onto adjacent highways;
(e) availability, adequacy and the economical provision of utilities and services;
(f) the ability to further subdivide the land or adjoining land;
(g) the provision of lots suitable for the intended use;
(h) waste water management
(i) water supply; and
(j) natural features.

POLICIES
PS-1 Subdivision Approval
It shall be Council’s policy that no person shall, without first obtaining subdivision approval from the development officer, subdivide land for development purposes.

Plan Action
Bylaws regulating the subdivision of land will be established in the Zoning and Development Bylaw.

PS-2 Subdivision Approval Process
It shall be Council’s policy that any developer proposing to subdivide a parcel of land must first file a subdivision application with the property development officer for preliminary approval prior to obtaining final approval.

Plan Action
Bylaws will be developed regarding requirements for filing a subdivision application, preliminary approval and final approval.

PS-3 Government Consultation
It shall be Council’s policy of submitting all subdivision applications of two (2) lots or more, to the appropriate government agency for review before any approvals are granted.

Plan Action
*The Zoning and Development Bylaw will make a provision that the property development officer forward a copy of all subdivisions of two lots or more, to the appropriate government agency for review prior to the issuance of any subdivision approval.
* The Bylaw will require any person applying for subdivision approval must provide Council with a copy of a site assessment report prior to the issuance of any subdivision approval.

Policy PR-4 Lot Classification
It shall be the policy of Council that all lots shall be categorized in accordance with the requirements as outlined in the Planning Act Regulations.

Plan Action
The Development Bylaw will incorporate the Province’s standards for lot classification.

Policy PR-5 Minimum Lot Size Standards
It shall be the policy of Council that minimum lot size standards for residential development and non-resident lots shall conform with the province wide - minimum lot size standards as outlined in the Planning Act Regulations.

Plan Action
The Development Bylaw will incorporate the Province’s minimum lot size standards for residential lots and non-residential lots.

PS-6 Phasing
It shall be the policy of Council that subdivision approval will only be given for a marketable first phase. Subsequent phases will receive approval only after a certain percentage of previously phased lots have been built.

Plan Action
The Bylaw will set out provisions regarding the number of lots that may be approved in any one phase and conditions under which subsequent phases may proceed. PS-7 Non-Conforming Lots
It shall be the policy of Council that the new lot size standards do not apply to previous approved lots, and a development permit may be issued for an existing lot that does not meet these standards provided that the lot meets the minimum requirements for sewage disposal in accordance with the Environmental Protection Act Sewage Disposal Regulations.

Plan Action
The Bylaw will set out provisions allowing a development permit to be issued on a lot that does not meet the new lot size standards.

PS-8 Approval with Conditions
It is the policy of Council that any approved subdivision or development permit may be made subject to any conditions to ensure conformance with this Bylaw or any provincial requirement.

Plan Action
Bylaws will be adopted which will require conditions be placed on any approved subdivision or development permit to ensure compliance with this Bylaw, or any provincial requirement. The owner will be responsible to ensure that the development complies with the conditions and in some cases, the owner may be required to enter into a development agreement. This Agreement will contain the conditions which were attached to the Development Permit or subdivision approval and any other conditions considered necessary by Council to ensure conformance with the Bylaw or this Plan.

PS-9 Servicing
It shall be the policy of Council to ensure that certain services precede development by requiring the following be required:
(a) the provision of public roads, prior to the sale of lots created;
(b) where applicable, the installation of central water and sewerage facilities prior to the sale of the lots created; and
(c) where applicable, the acquisition of on-site sewage disposal and water supply permits prior to the issuance of development permits.

Plan Action
The Zoning & Development Bylaw will make a provision that certain services must be provided prior to the sale and / or issuance of Development Permits.

PS-10 Non-Compliance
It shall be the policy of Council where a subdivision or development has occurred without the necessary permits or approvals, but which otherwise conforms with the requirements of this Bylaw, a subdivision approval or a development permit may be granted by Council following application by the owner.

Plan Action
The Bylaw will set out provisions for granting a permit or approval for a development.

PS-11 Public Costs
It shall be the policy of Council to minimize public costs in the subdivision and development process by:
(a) ensuring that the costs of studies, amendments, variances, surveys and plans are borne by the developer;
(b) charging a fee for subdivision applications sufficient to defray the costs of processing the application; and
(c) charging a fee for development applications sufficient to defray the costs of processing the application.

Plan Action
The Bylaw will make provisions requiring that the costs of studies, surveys, amendments, variances and plans are borne by the developer and appropriate fees are charged for all subdivision and development applications.

PS-12 Filing System
It shall be Council’s policy that an accurate record of all subdivision and development permit applications be kept and made available for distribution.

Plan Action
The property development officer shall establish and maintain a system for recording subdivision and development permit applications, and shall prepare a report for the annual meeting on the extent of development activity for the year.

PS-13 Development Constraints
It shall be the policy of Council that building lot purchasers be informed of constraints placed on subdivision approvals.

Plan Action
The property development officer will ensure that any conditions regarding development are placed on the approved survey plan any a copy of the approved plan is filed in the provincial registry office.

7.0 PLAN IMPLEMENTATION

7.1 General
In order to continue to exercise its decision making authority as a municipal council, the Eastern Kings Community Council shall adapt Zoning and Development Bylaws to implement the future land use and development policies contained in this Plan. The Bylaw sets out: zones, the permitted uses for each zone, development standards for each zone and / or for certain types of uses. The Bylaw is approved at the same time as the Plan by the Minister of Community & Cultural Affairs.

Objective
It is Council’s objective to achieve a fair and equitable implementation of the Community’s development policies, and to ensure that there is a coordination between the Community ‘s policies and any Provincial land use and development policies and regulations which may be in force.

POLICIES
In order to achieve its objective Council shall adopt the following policies:

PIM - 1 Zoning and Development Bylaw
It shall be Council ‘s policy that the Community’s development policies shall be implemented through the Community ‘s Zoning and Development Bylaw, and that the said Bylaw shall be administered, on the Council’s behalf, by the property development officer.

Plan Action
The Zoning and Development Bylaw shall be drafted to accompany the Community ‘s 2002 Official Plan . Funding allocations will be proposed in the Community’s annual budget for maintaining a community office with a property development officer.

PIM -2 Zoning & Development Bylaw Amendments
It will be necessary from time to time to amend the Zoning & Development Bylaw either by amending the text or amending the Zoning Map. It is the policy of Council to review all requests from the public desiring an amendment to the provisions of the Community Zoning and Development Bylaw.

Plan Action
The Zoning & Development Bylaw will set out requirements for any person desiring an amendment to the provisions of the Bylaw.

PIM -3 Public Notification Policy
It shall be the policy of Council that residents and landowners will be notified of and afforded an opportunity to comment on special permitted uses such as resort development, campgrounds, multi-unit dwellings, mobile home parks and medium and large capacity renewable energy generation facilities.
It shall also be the policy of Council that residents and landowners may be notified of and afforded an opportunity to comment on residential subdivisions of greater than five (5) lots.

Planning Action
The Zoning & Development Bylaw will set out requirements for any person desiring to locate or construct a resort development, campgrounds, multi-unit dwellings and mobile home parks, renewable energy generation facilities and subdivisions within the community.

PIM -4 Development Assistance and Promotion
It shall be the policy of Council to ensure that developers are knowledgeably on all aspects of the Zoning & Development Bylaw.

Plan Action
The Council shall direct the property development officer to provide hands - on assistance to prospective developers in terms of explaining the provisions of the Zoning and Development Bylaw, and promoting good design and safe, efficient use of land.

PIM- 5 Variances
It is the policy of Council to grant a variance from the provisions of this Bylaw where the general intent and purpose of the Bylaw and the Plan is upheld, for unique circumstances, and where the variance is requested is not the result of an intentional disregard for the bylaws.

Plan Action
The Bylaw will set out provisions where a variance can and cannot be granted.

PIM-6 Appeals and Enforcement
Council shall establish action to be taken when a development is in contravention of this Plan and the Zoning and Development Bylaw.

Any person who is dissatisfied with a decision of Council or the property development officer in the administration of the Official Plan and Zoning & Development Bylaw may, within 21 days of the decision, appeal the decision to the Island Regulatory & Appeals Commission in accordance with the provisions of the Planning Act.

8.0 OFFICIAL PLAN REVIEW

8.1 Official Plan Amendments
It is not necessary to wait for five (5 ) years to seek an amendment to the Official Plan. It shall be the policy of Council to consider an amendment to this Plan when: any policy intent is to be changed or a zoning amendment is in conflict with this Plan and there are valid reasons for the amendment.

Plan Action
The Zoning & Development Bylaw will set out requirements for any person desiring an amendment to the provisions of this Plan.

8.2 Official Plan Review
It shall be Council’s policy that the Community ‘s Official Plan shall be reviewed annual relative to the objectives and policies set out in the plan, and a formal review and amendment, as required, no later than 2008.

Plan Action
* Council shall review activities under the Official Plan on an annual basis, and a report prepared by the property development officer, on Council’s behalf, for presentation at the time of the Community's annual meeting.
* Council will begin a formal review process in 2008.