The Council of the Town of Happy Valley-Goose Bay will be considering an amendment to the text of the Town’s Development Regulations. This information package is to provide some background to that proposal.

Your comments are welcome. To ensure that Council sees your comments prior to making a decision, please provide your thoughts in writing on or before 4:30 PM Thursday, March 12, 2015. For more information
contact Ilene Watson-Grant, Town Planner at 709 896 7121.

BACKGROUND
The Town Council will be considering an upcoming amendment to the text of the Development Regulations of the Town of Happy Valley-Goose Bay. The goal of the amendment is to allow the Town to accept applications that would provide for separate titles (distinct ownership) where the Land Use Zone allows for side-by-side units, and, all requirements are met.

There are many properties already existing in Town where side by side units are under separate title with separate owners. The current Development Regulations were adopted in 2008. While the land use zones set out regulations that outline requirements supporting separate titles, the subdivision section of the current Development Regulations requires amendment to allow for that process.

WHAT IT MEANS
An application and permit to subdivide title would need to be submitted, reviewed, and approved by the Town. The applicant will be responsible to show that they have met all requirements.

Creating a separate title for dwelling units side by side in the same structure would need to meet a wide variety of standards including, but not limited to;
– Building permit issued as a double or row dwelling in compliance with the Town’s Development Regulations.
– Must be located in a land use zone with regulations that provide for separate titles (Residential Medium Density (RMD), or Mixed Development (MD).
– Must be separate dwelling units internally including utilities, rooms, kitchens, entrance, etc
– Must be separate dwelling units externally including driveways, divided lot areas, individual road frontages for each unit, and separate access … all according to the Town’s Development Regulations.

A subsidiary apartment is not eligible for this process and cannot be subdivided from the main dwelling associated with the subsidiary apartment. This is reflected not only in the proposed text amendment but in the existing definitions and Sections of the Development Regulations.

WORDING OF THE PROPOSED TEXT ADDITION
The following is the wording that will be presented for consideration of Council. It is proposed as an addition to Section “76 Permit Required” of the Development Regulations 2008-2018 of the Town of Happy Valley Goose Bay.

“No land over which there is an existing structure shall be subdivided for the purpose of creating distinct title to different dwelling units unless;
 – each dwelling unit is entirely comprised within the new title and self contained within the new lot with no common spaces or shared services, and;
 – the fire separation for each dwelling unit is confirmed,
 – a permit for the subdivision is first obtained from the Town.

A subsidiary apartment cannot be subdivided from the self-contained dwelling that it is constructed within.”