Community Planning and Development Regulations
Regulation- Registration
- R-063-2013
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
- Under
- Community Planning and 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.
DEVELOPMENT REGULATIONS
The Commissioner, on the recommendation of the Minister, under section 79 of the Community Planning and Development Act and every enabling power, makes the Community Planning and Development Regulations.
Interpretation
In these regulations,
"electronic" means electronic as defined in subsection 1(1) of the Electronic Transactions Act; (électronique)
"original" in the context of a document means a document that is not electronic; (original)
"proposed subdivision" means a proposed subdivision referred to in subsection 43(1) of the Act; (projet de lotissement)
"relevant municipal enactment" means
(a) the Charter Communities Act in respect of a charter community established or continued under that Act,
(b) the Cities, Towns and Villages Act in respect of a city, town or village established or continued under that Act,
(c) the Hamlets Act in respect of a hamlet established or continued under that Act; or
(d) the Tåîchô Community Government Act in respect of a community government established or continued under that Act. (texte législatif municipal applicable)
Community Plans
A council that, under subsection 5(2) of the Act, wishes to submit a community plan to the Minister for review and approval must submit the following to the Director of Planning:
(a) an original copy of the proposed community plan prepared in accordance with section 4 of the Act;
(b) an original copy of the bylaw to adopt the community plan that has received first and second reading before council;
(c) original written records of the minutes of the proceedings of council at which first and second reading of the bylaw to adopt the community plan were received, that are, in accordance with the relevant municipal enactment,
(i) certified as correct by the senior administrative officer of the municipal corporation,
(ii) adopted by council, and
(iii) signed by the mayor, Chief or other presiding council member;
(d) original written certification prepared by the senior administrative officer of the municipal corporation in respect of the public hearing into the bylaw to adopt the community plan, as required by the relevant municipal enactment.
On receiving the material referred to in paragraphs 2(a) to (d), the Director of Planning shall
(a) ensure a review is conducted of the procedures followed under the requirements of the relevant municipal enactment in respect of
(i) the bylaw to adopt the community plan, and
(ii) the public hearing in respect of the bylaw;
(b) review the community plan to determine whether it conforms with the requirements of the Act; and
(c) prepare a written recommendation for consideration by the Minister as to whether the community plan should be approved.
Revocation of Designation of
Municipal Corporation as
Subdivision Authority
If the Minister revokes the designation of a municipal corporation as a subdivision authority under section 34 of the Act, the municipal corporation shall, as soon as is reasonably practicable, provide to the Director of Planning all records in respect of
(a) applications to the municipal corporation for approval of proposed subdivisions that are pending review or approval under section 45 of the Act;
(b) applications to the municipal corporation for approval of proposed subdivisions that have been approved under subsection 45(2) of the Act, if they may be followed by the submission of plans of subdivision under section 46 of the Act;
(c) applications to the municipal corporation for approval of proposed subdivisions that were refused under subsection 45(2) of the Act, if the appeal period has not expired or the matter is under appeal;
(d) plans of subdivision submitted to the municipal corporation that are pending review or approval under section 47 of the Act;
(e) plans of subdivision submitted to the municipal corporation that were refused under subsection 47(3) of the Act, if the appeal period has not expired or the matter is under appeal.
Requirements for Proposed Subdivisions
A proposed subdivision must conform with
(a) a community plan, if one applies in respect of the land to be subdivided; or
(b) standards set by the Director of Planning, if a community plan does not apply in respect of the land to be subdivided.
(1) A proposed subdivision must be based on a sketch plan clearly drawn at a scale sufficient to show intent that includes the following in respect of the land to be subdivided:
(a) the location, dimensions and total area of the land;
(b) the location of existing legal surveys, including descriptive and explanatory surveys and surveys of condominiums and easements;
(c) the existing and proposed use of the land;
(d) the location, dimensions, boundaries and area of each new lot, and the proposed use for each new lot;
(e) the location of existing buildings and the distance of such buildings from the proposed boundaries of each new lot;
(f) the location of existing utilities and related features and the distance of such utilities and features from the proposed boundaries of each new lot;
(g) the location and dimensions of existing and proposed highways and roads, including bridges, adjacent to or within the proposed subdivision;
(h) the location and dimensions of existing easements, including easements as defined in subsection 76(4) of the Land Titles Act, adjacent to or within the proposed subdivision;
(i) the location and dimensions of existing rights-of-way and other interests in the land adjacent to or within the proposed subdivision;
(j) the location and description of significant physical features of the land, such as
(i) water bodies, including marshlands,
(ii) drainage courses,
(iii) flood zones,
(iv) areas of instability,
(v) paths and walkways, and
(vi) areas of known contamination.
(2) A sketch plan must include a legend that identifies
(a) the scale of the sketch plan;
(b) the direction of true north;
(b) the name of the municipal corporation in which the proposed subdivision is located, if applicable; and
(d) the name of the person who drew the sketch plan and the date of completion of the sketch plan.
A proposed subdivision must not result in a subdivision of land that would inhibit the access of emergency vehicles to a lot on which a building may be constructed or an area where such access may be required.
Application to Director of Planning for Approval of Proposed Subdivision
(1) An application to the Director of Planning under subsection 43(1) of the Act for approval of a proposed subdivision must be made in a form approved by the Director.
(2) An application under subsection (1) must include the following:
(a) in the case that the proposed subdivision is of Commissioner’s land, evidence satisfactory to the Director of Planning that the proposed subdivision is authorized by the Commissioner or his or her agent under the Commissioner’s Land Act;
(b) in the case that the proposed subdivision is of land other than Commissioner’s land, evidence satisfactory to the Director of Planning that the subdivision applicant is the owner of the fee simple interest in the land or is authorized by the owner to apply for the proposed subdivision;
(c) a certified copy of a certificate of title for the land to be subdivided, if one is issued under the Land Titles Act;
(d) a sketch plan of the proposed subdivision referred to in section 6.
(3) In addition to the requirements of subsection (2), the Director of Planning may require a person who applies to him or her for approval of a proposed subdivision to provide any additional information and materials that the Director may require, including
(a) additional copies of information and materials referred to in subsection (2);
(b) electronic versions of information and materials referred to in subsection (2);
(c) a revised sketch plan showing topographic contours at intervals sufficient to show intent, or at such intervals requested by the Director;
(d) information about access to new lots; and
(e) in the case that the application for approval relates only to a portion of a parcel that the subdivision applicant intends to subdivide and develop in stages, an outline plan describing the block land use and road pattern for the remaining area of the parcel.
Review by Director of Planning of Application for Approval of Proposed Subdivision
(1) On receiving a completed application for approval of a proposed subdivision, the Director of Planning shall
(a) if the subdivision would be located in whole or in part in or adjacent to a municipal corporation, provide a copy of the application to the municipal corporation for advice as to whether the proposed subdivision complies with applicable bylaws;
(b) provide a copy of the application to each department or agency of the Government of Canada or the Government of the Northwest Territories that is responsible for the administration of lands that would be affected by the subdivision, for advice from the department or agency as to the effect of the proposed subdivision on the lands;
(c) provide a copy of the application to each department and agency that the Director considers should review the application, for advice as to whether the proposed subdivision conforms with applicable laws; and
(d) provide each organization to which a copy of the proposed application is provided with a time limit of at least 10 days to respond with advice.
(2) If the Director of Planning receives advice pursuant to paragraph (1)(a), (b) or (c) within the time limit provided under paragraph (1)(d), the Director shall consider the advice in his or her review of the application for the proposed subdivision.
In reviewing an application for a proposed subdivision, the Director of Planning may use a proposed community plan that, if adopted, would apply in respect of the land to be subdivided, if at the time of the review,
(a) no community plan applies in respect of the land to be subdivided; or
(b) the proposed community plan would amend or replace an existing community plan and a bylaw to adopt the proposed community plan has received first and second reading.
If the Director of Planning approves an application for a proposed subdivision, he or she shall sign and date a copy of the sketch plan referred to in section 6 or, if applicable, paragraph 8(3)(c) and return it to the subdivision applicant with the notification referred to in subsection 45(2) of the Act.
If the Director of Planning refuses an application for a proposed subdivision, no further application under subsection 43(1) of the Act for approval of a proposed subdivision that relates to the same use of the land may be made within six months after the date of the refusal, unless
(a) the application has been amended; and
(b) the application addresses the Director’s reasons for the refusal.
Application to Municipal Subdivision Authority for Approval of Proposed Subdivision
An application under subsection 43(1) of the Act to a municipal subdivision authority for approval of a proposed subdivision must include the following, in addition to requirements in the applicable subdivision bylaw:
(a) in the case that the proposed subdivision is of Commissioner’s land, evidence satisfactory to the municipal subdivision authority that the proposed subdivision is authorized by the Commissioner or his or her agent under the Commissioner’s Land Act;
(b) in the case that the proposed subdivision is of land other than Commissioner’s land, evidence satisfactory to the municipal subdivision authority that the subdivision applicant is the owner of the fee simple interest in the land or is authorized by the owner to apply for the proposed subdivision;
(c) a certified copy of a certificate of title for the land to be subdivided, if one is issued under the Land Titles Act;
(d) a sketch plan of the proposed subdivision referred to in section 6.
Consultation Requirements for Municipal Subdivision Authorities
(1) A municipal subdivision authority that reviews an application for approval of a proposed subdivision shall
(a) provide a copy of the application to each department or agency of the Government of Canada or the Government of the Northwest Territories that is responsible for the administration of lands that would be affected by the subdivision, for advice from the department or agency as to the effect of the proposed subdivision on the lands;
(b) provide a copy of the application to each department and agency that the municipal subdivision authority considers should review the application, for advice as to whether the proposed subdivision conforms with applicable laws; and
(c) provide each department and agency referred to in paragraphs (a) and (b) with a time limit of at least 10 days to respond with advice.
(2) If a municipal subdivision authority receives advice pursuant to paragraphs (1)(a) or (b) within the time limit provided under paragraph (1)(c), the municipal subdivision authority shall consider the advice in its review of the application for the proposed subdivision.
Service
(1) A development officer who issues an order under subsection 57(1) of the Act may apply to the Supreme Court for an order of substitutional service.
(2) An application under subsection (1) must be supported by an affidavit setting out why personal service or service by registered mail is impractical and proposing an alternative mode of service which, in the opinion of the deponent, will or is likely to be effective.
(3) The Supreme Court may make an order for substitutional service of an order issued under
A notice of a hearing referred to in subsection 66(2) of the Act may be served on an owner or lessee of land referred to in paragraph 66(2)(b) of the Act by posting the notice in a conspicuous location on the land or on a building on that land.
Arbitration
(1) On the written consent by the parties to an arbitration referred to in section 71 of the Act, the hearing of the arbitration may be conducted on the basis of written submissions and written evidence.
(2) An arbitration award referred to in subsection 73(2) of the Act is a matter of public record and must be published on the website of the Government of the Northwest Territories.
COMMENCEMENT
These regulations come into force on the day the Community Planning and Development Act, S.N.W.T. 2011, c.22, comes into force.
Territorial Printer, Northwest Territories Yellowknife, N.W.T./2013©