Enterprise Corridor Development Area Regulations

Regulation

Registration: R-036-92
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.

Cites

Cited by

None.

Contents

1. 1 2. 2 3. 3 4. 4 5. 5 6. 6 7. 7 8. 8 9. 9 10. 10 11. 11 12. 12 13. 13 14. 14 15. 15 16. 16 17. 17 18. 18 19. 19 20. 20 21. 21 22. 22 23. 23 24. 24 25. 25 26. 26 27. 27 28. 28 29. 29 SCHEDULE A (Subsection 2(1)) SCHEDULE B SCHEDULE C FORM 1 (Subsection 8(1)) FORM 2 (Subsection 9(3)) FORM 3 (Subsection 16(1)) FORM 4 (Subsection 21(1)) FORM 5 (Subsection 22(2))

REGULATIONS

The Commissioner, on the recommendation of the Minister, under section 6 of the Area Development Act, makes the Enterprise Corridor Development Area Regulations.

Interpretation

In these regulations,

"accessory use" means a use normally incidental, subordinate and exclusively devoted to the primary use located on the same lot; (usage accessoire)

"Act" means the Area Development Act; (Loi)

"application" means an application for a development permit; (demande)

"building" includes a structure, erection, stockpile, sign or fixture that may be built or placed on land; (bâtiment)

"conditional use" means a use that is permitted in a zone at the discretion of an officer; (usage conditionnel)

"development" means

(a) the carrying out of an operation for the construction, excavation, erection, placement, repair, removal or demolition of a building,

(b) the deposit on land of debris or waste material from building or mining operations or other refuse or material,

(c) the making of a change in the use or the intensity of use of any land, building or premises including an increase in the number of dwelling units within a building or on a lot, or

(d) the resumption of a previous use of land or a building, if that use had been discontinued for a period of more than six months; (aménagement)

"development area" means the Enterprise Corridor Development Area designated in subsection 2(1); (région d'aménagement) "development permit" means a permit issued under subsection 8(1); (permis d'aménagement)

"dwelling unit" means two or more rooms used or intended for the domestic use of one or more persons and equipped with cooking, eating, living, sleeping and sanitary facilities; (logement)

"lot" means an area of land having boundaries

(a) shown on a plan registered in the Land Titles Office of the Northwest Territories,

(b) described in the Certificate of Title to the land, or

(c) described in a lease or other form of agreement with respect to an interest in land made under the Territorial Lands Act (Canada) or the Commissioner's Land Act; (lot)

"non-conforming building" means a building that was complete or under construction on April 29, 1986 but does not or will not conform to the requirements of these regulations; (bâtiment non conforme)

"non-conforming use" means a specific use made of land or a building under construction on April 29, 1986 that does not conform to the requirements of these regulations; (usage dérogatoire)

"permit holder" means the holder of a development permit; (titulaire)

"primary use" means a use, other than a conditional use, that is permitted in a zone; (usage principal)

"yard setback" means the shortest distance from a lot boundary to any point on a wall of a building on the lot; (marge de reculement)

"zone" means any area within the development area designated or established as a zone under subsection 24(1). (zone)

PART I

GENERAL

Application

(1) The area described in Schedule A and on the map in Schedule B is designated as the Enterprise Corridor Development Area.

(2) Where these regulations are inconsistent with any Act or regulation of Canada, these regulations are of no effect to the extent of the inconsistency.

Officer

An officer shall

(a) receive and examine applications;

(b) issue development permits in accordance with these regulations;

(c) keep and maintain for inspection by the public during reasonable hours a copy of these regulations and a register showing each application received and the disposition of each application including the reasons for that disposition;

(d) make or delegate the making of such inspections as are necessary to enforce these regulations and the conditions attached to development permits; and

(e) decide questions of uncertainty concerning the location of zone boundaries under paragraph 24(3)(d).

PART II

DEVELOPMENT PERMITS AND

BUILDING REQUIREMENTS

Prohibition

(1) Subject to subsection (2), no person shall commence any development without holding a valid development permit.

(2) A person need not hold a development permit where the development consists only of minor repairs, renovations or landscaping that do not endanger the health or safety of any person.

(3) No person shall undertake any development except in conformity with the primary and conditional uses allowed in the zone in which the development will occur.

Application for Permit

(1) A person is not entitled to receive a development permit in respect of any property unless the person

(a) has a legal, equitable or other interest in the property or is otherwise authorized by law to use the property; or

(b) is an agent of a person described in paragraph (a).

(2) An applicant for a development permit shall submit to an officer an application, in duplicate, containing the

(a) name, address and telephone number of the applicant;

(b) address and legal description of the property to be developed;

(d) existing use and zoning of the property;

(e) proposed primary and accessory uses of the property;

(f) proposed yard setbacks of the property; and

(g) estimated dates of commencement and completion of the development.

(3) The following must be submitted with an application:

(a) a plan, to a scale of not less than 1:2000, showing the

(i) lot boundaries,

(ii) correct location and scale of the buildings, yards, sewage and water services, fuel tanks and points of vehicular access,

(iii) landscaping and grading for drainage on the lot, and

(iv) size and location of buildings on adjoining lots;

(b) plans and elevations of the proposed development, to a scale of not less than 1:100, showing all dimensions with specifications and notes of materials to be used;

(c) a consent, signed by the owner or other person entitled to possession of the property, allowing the officer to inspect the property in connection with the application.

(1) An officer may require the applicant to submit such additional information as is reasonably necessary to complete or consider the application.

(2) On receipt of a complete application and all the required supporting material, an officer shall send a written acknowledgement of receipt of the application to the applicant informing the applicant of the date of receipt.

(1) An officer shall either approve an application, with or without conditions, or refuse the application.

(2) The officer may seek comments on the proposed development by way of public meeting or otherwise from

(a) any public officer appointed under the Public Health Act;

(b) the Fire Marshal or a Deputy Fire Marshal appointed under the Fire Prevention Act;

(d) any other person whose comments, in the opinion of the officer, would be of use to the officer in considering the application.

(3) The officer shall make a decision under subsection (1) within 40 days of the date of receipt referred to in subsection 6(2).

Issue of Permit

(1) Where an officer approves an application, the officer shall issue a development permit in Form 1 of Schedule C to the applicant.

(2) The officer shall cause a copy of the development permit to be posted on the site of the development.

(1) The officer shall refuse an application where the officer considers that,

(a) the proposed development does not conform to the provisions applicable to the zone where the development would occur; or

(b) the proposed development is inconsistent with the general standard of quality for development in the zone where the development would occur.

(2) The officer may refuse to issue a development permit for the erection of a building on a lot if the officer considers that the applicant has not made satisfactory arrangements for the supply to the building of water, electricity, sewage services or facilities for road access, or for the payment of costs relating to the installation or construction of facilities for the supply of such services.

(3) Where the officer refuses an application, the officer shall

(a) issue a notice of refusal in Form 2 of Schedule C stating the reasons for the refusal; and

(b) send the notice by registered mail to the applicant with an acknowledgement of receipt.

(4) Where an application for a development permit is refused and no development permit is issued, no person may make any further application in respect of the same property for a use of a similar nature within six months after the refusal.

Variances

10.

Notwithstanding any other provision of these regulations, an officer may issue a permit, with or without conditions, for a development that does not otherwise comply with the provisions applicable to the zone in which the development would occur where the officer

(a) considers that the proposed development would not materially interfere with or affect the use, enjoyment or value of neighbouring properties; and

(b) is satisfied, after considering the purpose of the zone, that the issuance of the permit is justified because of undue hardship or practical difficulties peculiar to the use, character or situation of the land or building that are not generally common to other land or buildings in the same zone.

Conditions of a Permit

11.

(1) A development permit authorizes the permit holder to execute the development endorsed on the permit in accordance with the application, plans and specifications that are submitted and approved by the officer.

(2) The permit holder shall not deviate from the plans and specifications submitted with the application without the approval in writing of an officer.

12.

(1) A development permit is issued subject to the following conditions:

(a) the development must not commence until 21 days after the date of the receipt of the development permit by the applicant;

(b) where an appeal is made under section 18, the development permit and the development authorized under the permit are suspended until the appeal is determined;

(c) the development permit and any conditions applicable to the permit may be confirmed, modified or cancelled on appeal;

(d) the development must commence within seven months after the day the development permit is issued;

(e) the development must not be discontinued or suspended for a period of more than one year;

(f) the owner of land or a building that is the subject of a development permit shall allow an officer to enter and inspect the development at any reasonable time for the purpose of administering or enforcing these regulations;

(g) the permit holder shall give an officer

(i) such notice of the progress of the development as the officer may have required as a condition endorsed on the development permit, and

(ii) notice that the development is complete or ready for occupancy.

(2) The officer may issue a development permit subject to a condition that the applicant enter into a development agreement with the Government of the Northwest Territories for the provision of local improvements.

(3) The officer may attach such additional conditions to a development permit as the officer considers reasonably necessary to limit any adverse effect the development might have on adjoining properties or the environment.

(4) The conditions applicable to a development permit must be endorsed on the permit.

13.

Where it appears to an officer on reasonable grounds that

(a) a development permit was obtained by fraud or misrepresentation,

(b) a development does not conform to the authority of the development permit, or

the officer may revoke, suspend or modify the development permit after giving notice to the permit holder and providing the permit holder with an opportunity to be heard.

14.

(1) Except as otherwise provided in these regulations, every permit holder constructing a building shall ensure that the building conforms to the standards laid down by the National Building Code of Canada, as amended from time to time.

(2) The permit holder is not exempt from carrying out the development in accordance with these regulations by virtue of

(a) the granting of a development permit;

(b) the approval of the drawings and specifications of the applicant by an officer; or

15.

The permit holder shall, during the development,

(a) keep a copy of the development permit posted in a conspicuous place on the lot; and

(b) keep available a copy of the approved plans and specifications for inspection by the officer.

16.

(1) An officer may, by issuing a notice in Form 3 of Schedule C, order a permit holder to rectify any situation that constitutes a contravention of these regulations or the conditions of the development permit.

(2) The officer shall cause the notice issued under subsection (1) to be

(a) personally delivered to the permit holder;

(b) posted on the site of the development; or

(3) The permit holder shall comply with the requirements of a notice issued under subsection (1).

17.

Before the occupancy or commencement of use of land or buildings subject to a development permit and on being satisfied that the terms of the permit have been met, the officer shall make an endorsement on the permit stating that the permit has been complied with.

PART III

APPEALS

18.

(1) Subject to section 19, the permit holder, the applicant for a development permit and any person claiming to be affected by the proposed development may appeal to the Commissioner a decision of an officer to issue, refuse to issue, attach conditions to, revoke or suspend a development permit.

(2) An appeal shall be made, in writing, with a statement of the grounds of appeal, within 20 days after the day the permit holder or applicant for the permit is notified of the decision.

19.

(1) The decision to issue a development permit for a primary use permitted within the applicable zone is not appealable.

(2) Only the permit holder may appeal the attachment of conditions to a development permit for a primary use permitted within the applicable zone.

20.

A person entitled to appeal a decision or attend a hearing may make the appeal or attend the hearing through the auspices of an agent.

21.

(1) The Commissioner or his or her delegate shall notify any person likely to be affected by an appeal by sending that person a notice of the appeal hearing in Form 4 of Schedule C.

(2) After giving any person notified under subsection (1) an opportunity to make representations, the Commissioner shall consider the appeal.

22.

(1) The Commissioner may, after receiving a request for an appeal, hear the appeal and confirm, reverse or vary the decision appealed from and impose such conditions or limitations on the development permit as the Commissioner considers proper and desirable in the circumstances.

(2) The Commissioner or his or her delegate shall send a notice of the decision of the Commissioner with reasons in Form 5 of Schedule C to the appellant, the permit holder or applicant for a permit, the officer and any other person who made submissions on the appeal.

23.

The decision of the Commissioner on an appeal is final and binding on all parties.

PART IV

ZONES AND USES

Zones

24.

(1) The development area is divided into the following classes of zones in accordance with the zoning map set out in Schedule C:

(a) resource extraction;

(b) hinterland.

(2) Subject to subsection (3), each zone has the boundaries shown on the zoning map.

(3) Where any uncertainty arises as to the boundaries of a zone when interpreting the zoning map,

(a) boundaries indicated as following roads shall be deemed to follow the lot lines adjacent to the road allowances as established by the legal survey;

(b) boundaries indicated as following lot lines shall be deemed to follow lot lines as established by the legal survey or as established by description contained within a Certificate of Title duly registered in the Land Titles Office of the Northwest Territories;

(c) boundaries indicated as following shorelines shall be deemed to follow the high water mark or the line formed by the boundary of the reserve established by the legal survey; and

(d) all other uncertainties as to zone boundaries shall be resolved by an officer.

Non-Conforming Buildings and Uses

25.

(1) No person shall enlarge, add to, rebuild, or structurally alter a non-conforming building except to make it conform to the provisions for the zone in which it is located or as may be necessary for the routine maintenance of the building.

(2) This section does not apply to a building which is non-conforming by reason only of its yard setbacks.

(3) If a non-conforming building is damaged or destroyed by fire or other causes to an extent of more than 75% of the depreciated value of the building above its foundation, no person shall repair or rebuild the building except in conformity with the provisions applicable to the zone where the building is located.

(4) A person may continue a non-conforming use of land or buildings.

(5) Notwithstanding subsection (4), where a non- conforming use is discontinued for a period of six months or longer, no person shall use the land or building unless it conforms to the provisions applicable to the zone where the land or building is located.

(6) A person may extend a non-conforming use of part of a building throughout the building, if the building, whether or not it is a non-conforming building, is not enlarged or structurally altered.

(7) No person shall extend or transfer a non- conforming use of part of a lot to any other part of the lot.

(8) No person shall construct an additional non- conforming building on a lot that is subject to a non- conforming use.

26.

The use of land or a building is not affected by reason only of a change in the ownership, tenancy or occupancy of the land or building.

Resource Extraction

27.

(1) The following primary uses are permitted in a resource extraction zone:

(a) quarrying of sand, loam, clay, gravel, or general fill material;

(b) timber harvesting;

(d) any plant, installation or facility used in conjunction with the above.

(2) No person shall carry out a primary use in a resource extraction zone within 60 m of the high water mark of any river, lake or stream, without the prior approval of the officer.

Hinterland

28.

(1) A hinterland zone is comprised of all that land within the development area not in the resource extraction zone.

(2) An officer may permit the following conditional uses in the hinterland zone:

(a) installations for scientific or archaeo- logical research;

(b) temporary camps where provision is made for transportation to the camp, water supply, waste disposal and other services;

(d) trapping and commercial fishing;

(e) game preserves or conservation areas;

(f) sanitary landfill and other municipal or public utilities;

(g) timber harvesting;

(h) quarries;

(i) any other resource development;

(j) such other uses as may be considered appropriate by the officer.

(3) An officer shall determine the area of each lot in the hinterland zone and establish a minimum yard set back in respect of each lot.

29.

The Hay River-Enterprise Corridor Development Area Regulations, established by regulation numbered R-028-86, are repealed.

SCHEDULE A (Subsection 2(1))

The Enterprise Corridor Development Area includes those lands in the vicinity of the Settlement of Enterprise, as shown on the 1:50,000 scale National Topographic Maps 85 C/9, Edition 1 and 85 B/12, Edition 2, produced by the Surveys and Mapping Branch, Department of Energy, Mines and Resources, and more particularly described as follows:

Firstly, commencing at a legal survey post marking the intersection of the northwesterly limit of Hay River Highway No. 2 and the most easterly boundary of Lot 8, Block 3, as shown on plan 216 L.T.O.;

thence northerly along the said easterly boundary a distance of approximately 34.41 m to the northeasterly corner of said Lot 8, Block 3;

thence westerly along the northerly boundary of said Lot 8, Block 3, a distance of approximately 432.91 m to the northwest corner of said Lot 8, Block 3;

thence northwesterly in a straight line to the point of intersection of the northwesterly limit of the Canadian National Railway right-of-way, as shown on Plan 528 L.T.O., and the easterly production of the northeasterly boundary of Lot 1, Block 7, as shown on Plan 445 L.T.O.;

thence northerly and easterly along the said northwesterly limit of the Canadian National Railway right-of-way a distance of approximately 10,052.9 m, to a legal survey post designated RR150 on Plan 529 L.T.O. and marking the northwesterly limit of said right-of-way;

thence in a straight line due east to the right bank of the Hay River;

thence in a southerly and westerly direction following the sinuosities of the right bank of the Hay River to the point of intersection with the southerly production of the most easterly boundary of aforesaid Lot 8, Block 3;

thence northerly along the southerly production of the easterly boundary of said Lot 8, Block 3, to the point of commencement;

Secondly, commencing at the point of intersection of the right bank of the Hay River and the most northeasterly boundary of Lot 1006, Quad 85 B/12, as shown on Plan 1256 L.T.O.;

thence southeasterly along the easterly limit of Lot 1006, Quad B/12, a distance of approximately 63.54 m to the point of intersection with the northerly limit of the Road, as shown on Plan 1256 L.T.O.;

thence southerly along the easterly limit of said Road a distance of approximately 18.73 m to the northeasterly corner of Lot 1005, Quad 85 B/12 as shown on Plan 1256 L.T.O.;

thence southerly along the easterly boundary of Lot 1005, Quad 85 B/12, a distance of approximately 530.93 m to the southeasterly corner of Lot 1005, Quad

85 B/12;

thence southerly along the most southeasterly limit of said Lot 1006, Quad 85 B/12, to its point of intersection with the right bank of the Hay River;

thence westerly, northerly and easterly following the sinuosities of the right bank of the Hay River to the point of commencement.

SCHEDULE B

N.B. Pursuant to subsection 9(2) of the Statutory Instruments Act, Schedule B which consists of a map is available for public inspection during reasonable hours and can be found at the office of the Registrar of Regulations, 4th floor Courthouse, Yellowknife,

N.W.T.

SCHEDULE C

FORM 1 (Subsection 8(1))

Permit No. .................................... REGISTERED MAIL

DEVELOPMENT PERMIT

Permit Holder: ................................................................................

Development involving ......................................................................... (as further described in Application No. ........................................... ) has been approved.

Conditions: ............................................................................................. ............................................................................................. ............................................................................................. ............................................................................................. ............................................................................................. ............................................................................................. .............................................................................................

This permit authorizes the permit holder to proceed with the development specified above subject to compliance with any conditions endorsed on this permit and the approved plans and application. Should an appeal be made to the Commissioner with respect to this decision, the Development Permit shall be suspended.

Reasons for conditions, if any: ............................................................................................. ............................................................................................. .............................................................................................

Date of Issue of Development Permit: ...............

.............................................. (signature of officer)

I certify that the development is complete and the terms of this permit have been met under section 17 of the regulations.

Dated at ..................................... on...................................... 19 . . . .

.............................................. (signature of officer)

FORM 2 (Subsection 9(3))

Re: Application No. ............................. REGISTERED MAIL

NOTICE OF REFUSAL

Applicant: ....................................................................................

This notice that your application for a Development Permit with regard to the following development:

has been REFUSED for the following reasons:

............................................................................................. ............................................................................................. ............................................................................................. ............................................................................................. ............................................................................................. .............................................................................................

You are further notified that you may appeal this decision to the Commissioner in accordance with the Enterprise Corridor Development Area Regulations. An appeal must be made in writing and must be delivered either personally or by mail so as to reach the Commissioner not later than 20 days following the date of receipt of this notice. The request for the appeal must contain a statement of the grounds of appeal.

Dated at ..................................... on...................................... 19 . . . .

.............................................. (signature of officer)

FORM 3 (Subsection 16(1))

NOTICE OF DEVELOPMENT CONTRAVENTION

AND REMEDIAL ACTION

Permit Holder: ................................................................................

Development: .................................................................................

This is notice that your development is in contravention of the Regulations/Development Permit by reason of:

You are ordered to take remedial action to conform to the Regulations/Development Permit as follows:

Failure to comply with this order within 30 days of receipt of this notice may result in action being taken through the courts to seek a remedy under the provisions of the Area Development Act.

Dated at ..................................... on...................................... 19 . . . .

.............................................. (signature of officer)

FORM 4 (Subsection 21(1))

NOTICE OF APPEAL HEARING

This is to notify you that an appeal has been made to the Commissioner against a decision in respect of Application/Development Permit No. ...................which involves the development described as follows:

That decision and the reasons for it were as follows:

PLACE OF HEARING: .........................................................................

TIME OF HEARING: ..........................................................................

DATE OF HEARING: ..........................................................................

Any person likely to be affected by the appeal has the right to make representations and may send a written brief before the hearing and be present and be heard at the hearing. Any person who wishes to appear at the hearing shall submit his or her written brief to the Commissioner not later than:

.............................................................................................

Dated at ..................................... on...................................... 19 . . . .

.............................................. (signature of Commissioner or delegate)

FORM 5 (Subsection 22(2))

Application/Permit No. ..........................

NOTICE OF APPEAL DECISION

This is to notify you that an appeal against the following decision with regard to the following development:

Dated at ..................................... on...................................... 19 . . . .

.............................................. (signature of Commissioner or delegate)