Cassidy Point Development Area Regulations
Regulation- Registration
- R-018-2013
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
- Under
- Area Development Act
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
The Commissioner, on the recommendation of the Minister, under section 6 of the Area Development Act and every enabling power, makes the Cassidy Point Development Area Regulations.
Interpretation
In these regulations,
"area development officer" means an officer who is designated under section 2; (agent d’aménagement régional)
"Cassidy Point Development Area" means the development area designated under subsection 3(1); (région d’aménagement de la pointe Cassidy)
"land" means land
(a) within the development area designated under section 3, and
(b) under the control of or owned by a person; (bien-fonds)
"lessee" means a person who holds a lease of Commissioner’s land within the development area designated under section 3; (preneur à bail)
"natural buffer" means land allocated as a natural buffer under subsection 3(2); (zone tampon naturelle)
"substantially modified" means, in respect of a building or structure that is being repaired or rebuilt, modifications that cumulatively exceed 75% of the square footage of the previous building or structure as it existed before these regulations came into force; (modifié considérablement)
"water body" means
(a) a lake, stream, river, creek, pond, pool, swamp, marsh, channel, gulley, coulee, draw, estuary or other similar body that normally contains fresh or salt water, and
(b) any Canadian waters as defined in subsection 35(1) of the Interpretation Act (Canada) that are within the Northwest Territories. (étendue d’eau)
Area Development Officer
The Minister may designate an officer as an area development officer for the Cassidy Point Development Area to exercise powers and carry out duties required of an area development officer under these regulations.
Development Area
(1) The Cassidy Point Development Area, set out in the map in Schedule A, is designated as a development area under section 2 of the Act.
(2) Lands within the Cassidy Point Development Area that are allocated for the purpose of being natural buffers are set out in the map in Schedule B.
Prohibitions and Restrictions
(1) In this section, "low impact business" means a commercial activity that
(a) is incidental to recreational use of the land;
(b) is not of the nature of a retail store, gas station, garage, warehouse, hotel, bed and breakfast, public house, restaurant or rental service; and
(c) has a minimal impact on the land and surrounding lands.
(2) A person shall not construct a building or structure on a natural buffer.
(3) A person other than a lessee may apply to an area development officer to run a low impact business on the land.
(4) A person shall not
(a) alter the boundaries of the land;
(b) subdivide or sublease a portion of the land;
(c) erect fences or other physical barriers on the land unless it is for the purpose of enclosing gardens or to protect buildings or structures from weather or wildlife; or
(d) allow the land to be littered with debris, including derelict vehicles.
(5) A person shall not clear the land, unless it is cleared only to the extent necessary to accommodate the construction of buildings or structures under these regulations.
Application
(1) Sections 6 and 7 do not apply to land within the Cassidy Point Development Area if
(a) the legal right to the land was obtained by the interest holder before March 31, 2013; and
(b) the land is Commissioner’s land for which a legal right has been granted for recreational use.
(1.1) Notwithstanding subsection (1), if a building or structure that was in place on land referred to in subsection (1) is substantially modified, sections 6 and 7 apply to the building or structure as modified.
(2) Sections 9 to 11 apply to land within the Cassidy Point Development Area unless the land is Commissioner’s land that is leased for recreational use. R-127-2018,s.3.
Buildings or Structures
(1) In this section,
"ancillary structure" means a building or structure whose primary use is incidental to the use of the land; (structure secondaire)
"building or structure" does not include a dock, deck, driveway, parking lot or earthworks; (bâtiment ou structure)
"front lot line" means the boundary of land that is closest to and most parallel to the bank or shoreline of a water body or a road or trail. (limite avant du lot)
(2) A person shall not construct on the land a building or structure unless
officer at least 60 days before construction begins; and
(b) the plan has been approved by the area development officer before construction begins.
(3) A plan submitted under subsection (2) must include a scale drawing that shows
(a) which direction is north;
(b) the boundaries of the land and an indication of their distances to the nearest water bodies;
(c) the proposed placement of each building or structure and an indication of their distances from the boundaries of the land;
(d) each planned building or structure and an indication of their dimensions including maximum height;
(e) approximate location of existing vegetation; and
(f) approximate locations of access to and egress from the land.
(4) A plan submitted under subsection (2) must include
(a) a description of the intended use of each building or structure;
(b) an indication whether clearing of the land is required and, if required, the dimensions of the area to be cleared; and
(c) a plan for re-vegetation of cleared areas once those cleared areas are no longer required for construction of the buildings or structures.
(5) A person shall not construct
(a) a building or structure of one storey that has
(i) a footprint exceeding 160 m2, or
(ii) a maximum height exceeding 5 m; or
(b) a building or structure of more than one storey that has
(i) a footprint exceeding 100 m2, or
(ii) a maximum height exceeding 8 m.
(6) A person may
(a) submit a plan under subsection (2) to construct on the land an A-frame building or other similar structure with a height that exceeds 5 m but with a footprint that does not exceed 100 m2; and
(b) construct the A-frame building or other similar structure in accordance with the submitted plan if it is approved under subsection (3).
(7) A person shall not construct on the land
(a) more than four ancillary structures;
(b) ancillary structures with a total combined footprint that exceeds 50 m2; or
(c) an ancillary structure with a height that exceeds 5 m.
(8) A person shall not construct on the land a deck that exceeds a total footprint of 100 m2.
(9) A person shall not construct on the land a building or structure unless the building or structure is set back
(a) at least 15 m from the front lot line;
(b) at least 15 m from a boundary other than the front lot line that is a bank or shoreline of a water body; and
(c) at least 6 m from a boundary other than those referred to in paragraphs (a) or (b).
(10) A person shall not construct on the land a building or structure with a spacing of less than 1 m from another building or structure.
(11) A person shall not use an ancillary structure for human habitation.
Docks
(1) In this section, "Dock Primer" means Department of Fisheries and Oceans Document Number DFO/2008-1431, The Dock Primer - Prairies Edition (2008).
(2) The Dock Primer, as amended from time to time, is adopted as a standard.
(3) A person shall not construct on the land a dock unless
officer at least 60 days before construction begins; and
(b) the plan has been approved by the area development officer before construction begins.
(4) A plan submitted under subsection (3) must include a scale drawing that shows
(a) which direction is north;
(b) the boundaries of the land and an indication of their distances to the nearest water bodies;
(c) the proposed placement of the dock and an indication of its distance from the boundaries of the land;
(d) the dock and an indication of its proposed dimensions including maximum height;
(e) approximate location of existing vegetation; and
(f) approximate locations of access to and egress from the land.
(5) A plan submitted under subsection (3) must include
(a) a description of the intended use of the dock;
(b) an indication whether clearing of the land is required and, if required, the dimensions of the area to be cleared; and
(c) a plan for re-vegetation of cleared areas once those cleared areas are no longer required for construction of the dock.
(6) If land is not adjacent to a water body but is adjacent to other land that is adjacent to a water body, a person may
(a) submit a plan under subsection (3) to construct and situate a dock on the bank or shoreline of that other land, using the most direct and shortest distance from the land to the shoreline as possible; and
(b) construct and situate the dock in accordance with the submitted plan if it is approved under subsection (3).
(7) A dock constructed under this section must be constructed in conformity with the Dock Primer.
Sharing of Docks
An area development officer may require a lessee or other person whose land has land access and a dock, to share the access and dock on terms as directed by the area development officer.
Driveways, Parking Lots and Earthworks
(1) In this section, "driveway" includes a road, trail or right of way.
(2) A person shall not construct on the land a driveway, parking lot or earthworks unless
(a) he or she submits a plan of the construction to an area development officer at least 60 days before construction begins; and
(b) the plan has been approved by the area development officer before construction begins.
(3) A plan submitted under subsection (2) must include a scale drawing that shows
(a) which direction is north;
(b) the boundaries of the land and an indication of their distances to the nearest water bodies;
(c) the proposed placement of each planned driveway, parking lot or earthworks and an indication of their distances from the boundaries of the land;
(d) each planned driveway, parking lot or earthworks and an indication of their proposed dimensions including maximum height;
(e) approximate location of existing vegetation; and
(f) approximate locations of access to and egress from the land.
(4) A plan submitted under subsection (2) must include
(a) a description of the intended use of each driveway, parking lot or earthworks;
(b) an indication whether clearing of the land is required and, if required, the dimensions of the area to be cleared; and
(c) a plan for re-vegetation of cleared areas once those cleared areas are no longer required for construction of the driveways, parking lots or earthworks.
(5) A person shall not construct on the land a driveway, unless
(a) the driveway has a width that does not exceed 4 m;
(b) the driveway is constructed so as to use the most direct route from its terminus to the nearest road or highway access; and
(c) the driveway is constructed from materials other than asphalt, cement, concrete or other similar materials.
(6) A person shall not construct on the land parking lots with a collective area that exceeds 30 m2.
(7) For greater clarity, nothing in this section affects the applicability of any other laws respecting access to driveways.
Fuel and Waste Management
(1) In this section, "waste" includes liquid and solid waste and materials that are hazardous to the environment or to human health.
(2) A person shall make reasonable efforts to ensure that the land and adjacent land is not contaminated by waste.
(3) Reasonable efforts made under subsection (2) include
(a) the temporary indoor storage of waste in covered containers;
(b) the temporary outdoor storage of waste in wildlife resistant containers; and
(c) the burning of nonhazardous substances in a fire pit referred to in section 11.
(4) A person shall not dispose of waste onto the land or into a water body.
(5) For greater clarity, nothing in this section affects any obligation imposed under any other enactment.
Fire Pits
A person shall not use a fire pit on the land for a recreational fire, unless
(a) it is fuelled by untreated, unpainted and preservative-free wood;
(b) it is located at least 3 m from buildings, property lines or combustible materials;
(c) the sides of the fire pit are fully enclosed and constructed from brick, concrete block, heavy gauge metal or other non-combustible material;
(d) it is fixed to the ground to prevent tipping;
(e) it does not extend more than 1 m above the ground; and
(f) the surface area of the fire pit does not exceed 2 m2.
These regulations come into force March 31, 2013.
SCHEDULE
Cassidy Point
Development Area
Parcel Easement Sketch Development Area
ANNEXE
Cassidy Point
Development Area
Parcel Easement Sketch Development Area
SCHEDULE
Cassidy Point
Area
Buffers
ANNEXE
Cassidy Point
Area
Buffers