Community Plan Bylaw No. 263-19 — full text

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## Hamlet of Tulita ## BYLAW NUMBER 263-19 "Community Plan Bylaw" A Bylaw of the municipal corporation of the Incorporated Hamlet of Tulita in the Northwest Territories Act, SNa C. 7: 2011, Chaper 2, at to amous Alt, St... 203 , Paper 22, Section 3, and Act, S.N.W.T. 2011, Chapter 22 subsequent amendments thereto. WHEREAS Council of the Incorporated Hamlet of Tulita has prepared a "Community Plan" in accordance with the provisions of the Community Planning and Development Act, and NOW, THEREFORE, BE IT RESOLVED THAT the Council of the incorporated Hamlet of Tulita, at a meeting duly assembled, enacts a bylaw as follows: - SHORT TITLE - 1.1 This bylaw may be cited as the "Community Plan Bylaw". 2. COMMUNITY PLAN & SCHEDULES - 2.1 Schedule "A", the Community Plan document, and Schedule "B", Land Use Designation Maps, and Schedule "C", Development Application Form, are declared to form part of this Bylaw - 2.2 The Community Plan of the Hamlet of Tulita attached as Schedules "A", 'B', and "C" of this Bylaw is hereby adopted. 3. GENERAL - 3.1 Should any section or part of the Bylaw be found to be improperly enacted or ultra vires, for any reason(s) hen such section or part shall be regarded as being severable from the Bylaw, and the Bylaw remaining after such severance shall be effective and enforceable. - 3.2 Bylaw 124-97 shall be repealed upon Third & Final Reading - 3.3 This Bylaw shall come into effect upon Third & Final Reading.   Read a First time this 1& day of June. 2019. B Mayor Rocky Norwegian, Sr. Samantha Bayh, Acting SAO          Read a Second time this 1d day of August 2023. B to Llh Mayor Douglas Yallee Approved by the Minister of Municipal & Community Affairs, the 12th day of September 2023 Minister Municipal & Community Affairs Read a Third & Final time this if day of tamber 2023. Dabs yell Mayor Douglas Yallee amantha Bayha, SA( As per Section 77(1)(d) of the Hamlets Act, I hereby certify that this bylaw has been made in accordance with the requirements of the Hamlets Act, and the bylaws of the Incorporated Hamlet of Tulita. Samantha Bayha, SAO (seal)    ## Community Plan ## Hamlet of Tulita 5-5-2023  ## Hamlet of Tulita Community Plan ## Table of Contents | Schedule 'A' | Schedule 'A' | Schedule 'A' | |---------------------------------------------------|---------------------------------------------------|---------------------------------------------------| | 1 Introduction ..2 | 1 Introduction ..2 | 1 Introduction ..2 | | 1.1 | Aboriginal and Treaty Rights. ...2 | Aboriginal and Treaty Rights. ...2 | | 1.2 | Purpose of the Community Plan. ...2 | Purpose of the Community Plan. ...2 | | 1.3 | Plan Interpretation. ... 3 | Plan Interpretation. ... 3 | | 1.4 | Format of the Plan ..3 | Format of the Plan ..3 | | 1.5 | Planning Assumptions.. 3 | Planning Assumptions.. 3 | | 2 Vision and Goals .. 7 | 2 Vision and Goals .. 7 | 2 Vision and Goals .. 7 | | 2.1 | Vision... . 7 | Vision... . 7 | | 2.2 | General Development Goals ..7 | General Development Goals ..7 | | 2.3 | Application for Development *..7 | Application for Development *..7 | | 3 Land Use Designations - Objectives and Policies | 3 Land Use Designations - Objectives and Policies | 3 Land Use Designations - Objectives and Policies | | 3.1 | Community Core ...8 | Community Core ...8 | | 3.1.1 | Objectives ...8 | | | 3.1.2 | Policies. ..8 | Policies. ..8 | | 3.2.1 | Objectives.. ..9 | Objectives.. ..9 | | 3.2.2 | Policies. *..9 | | | 3.3 | Industrial.. ..10 | Industrial.. ..10 | | 3.3.1 | Objectives. 10 | Objectives. 10 | | 3.3.2 | Policies . 11 | Policies . 11 | | 3.4 | Recreation and Open Space ... 12 | Recreation and Open Space ... 12 | | 3.4.1 | Objectives ..12 | Objectives ..12 | | 3.4.2 | Policies ,12 . 13 | Policies ,12 . 13 | | 3.5 | Environmentally Sensitive | Environmentally Sensitive | | 3.5.1 | Objectives 13 | Objectives 13 | | 3.5.2 | Policies, Hinterland 13 .. 14 | Policies, Hinterland 13 .. 14 | | | Objectives 14 | | | 3.6.1 | | | | | Policies 14 | Policies 14 | 3.6.2  | 3.7 | Airport .. 15 | |-------------|------------------------------------------------------------------| | 3.7.1 | Objectives .. 15 | | 3.7.2 | Policies .. 15 | | 3.8 | Development Opportunity .. 16 | | 3.8.1 | Objectives .... .. 16 | | 3.8.2 | Policies... .. 16 | | 4 | General Objectives and Policies 17 | | | Objectives ... 17 | | 4.1.1 4.1.2 | Policies. ...17 | | 4.2 | Access and Servicing.. 18 | | 4.2.1 | Objectives 18 | | 4.2.2 | Policies 18 | | 4.3 | Heritage Resources 18 | | 4.3.1 | Objectives 18 | | 4.3.2 4.4 | Policies. Environment and Climate Change Considerations .. 18 19 | | 4.4.1 | Objectives. 19 | | 4.4.2 | Policies .. 20 | | 4.5 | Subdivision Development. .. 20 | | 4.5.1 | Objectives 20 | | 4.5.2 | Policies ..20 | | 5 | Implementation. .. 22 | | 5.1 | Zoning Bylaw... ..22 | | | Land Administration. ..22 | | 5.2 | Circulate the Plan.. . 22 | | 5.3 | Integrated Planning | | 5.4 | ..23 | | 5.5 | Public Involvement. 23 | | 5.6 | Monitoring and Reviews.... ...23 | | 5.7 | Adoption and Amendments ...23 | | | Schedule 'B' | Land Use Concept Maps  ## SCHEDULE 'A' Community Plan Text Schedule A  ## Schedule A ## 1 Introduction This document is the Community Plan for the Incorporated Hamlet of Tulita and it may be referred to as the Community Plan. It has been prepared in accordance with the Hamlet's Act S.N. W.T (2003). C22 53 as amended and the Community Planning and Development Act, S.N. W.T. (2011) c22 as amended (the Act). This Community Plan replaced the 1998 Community Plan (Bylaw No. 124-97). In accordance with the Act (S6), Council shall complete a review of a community plan within eight years after it is first adopted, and thereafter no later than eight years after the completion of each previous review. ## 1.1 Aboriginal and Treaty Rights The Hamlet of Tulita recognizes the legal authority of the Sahtu Dene and Metis Comprehensive Land Claim Agreement. As such, no policy or objective in this Community Plan shall infringe on Aboriginal or treaty rights of the Aboriginal peoples of Canada under section 35 of the Constitution Act 1982. Any objective or policy within the Community Plan shall be carried out in accordance with the Sahtu Dene and Metis Comprehensive Land Claim Agreement. If there is a conflict or an inconsistency between an objective or policy in this Community Plan and the regulations and a provision of the Sahtu Dene and Metis Comprehensive Land Claim Agreement, the provision of the Sahtu Dene and Metis Comprehensive Land Claim Agreement shall prevail to the extent of the conflict or inconsistency. ## 1.2 Purpose of the Community Plan The Community Plan (Plan) provides a comprehensive long term policy framework for the development and growth of the Hamlet over the next twenty (20) years. In order to achieve this goal, this plan contains policies for existing land uses, future land uses and the roles and responsibilities of land owners and the Hamlet in relation to the development of its geographical area. The purposes of the Community Plan are to: - Project future land use requirements based on existing and future community conditions; - Establish the type, location, and rate of future community growth and re-development; and, - Establish land use objectives and strategies that shall guide Council on decisions with respect to land use development, by describing locations for development and redevelopment to meet future needs.  ## 1.3 Plan Interpretation The Community Plan is to be read in its entirety. Reading only specific sections or policies in isolation may not reflect the general intent of the document. Compliance with policies in this Plan shall be interpreted and applied as follows: - 'Shall' means mandatory compliance. - 'Should' means compliance in principle but is subject to the discretion of the Approving Authority where compliance is impractical or undesirable because of valid planning principles or circumstances unique to a specific application. - 'May means discretionary compliance or a choice in applying policy. ## 1.4 Format of the Plan Schedule A of the Community Plan establishes goals, objectives and policies that are suited to the particular conditions of the Community and should be read in conjunction with the land use designation maps. Schedule B of the Community Plan provides a series of land use designation maps that divides the community into areas that are suitable for different types of development. The land use designation maps should be read in conjunction with the land use goals, objectives and policies of the plan. It also includes a reference for all of the key public amenities. ## 1.5 Planning Assumptions Based on the population trends and future projections, the Hamlet can expect to maintain a population of approximately 500 people. Moderate fluctuations similar to the historical population patterns will likely continue. Population information for the past fifteen years shows that there has been a general aging of the community with an increase in people over the age of forty-five (45). Development activity shall continue to be primarily connected with resource extraction industries near Norman Wells and along the Mackenzie Valley. Infrastructure projects shall provide additional transportation links and short-term employment for residents and businesses and lead to increasing tourism opportunities in the community. At the time of developing this Plan, the Government of the Northwest Territories was preparing for the construction of the Great Bear River Bridge. This bridge is a key component in the long-term plan to build the Mackenzie Valley Highway which will connect the communities in the Mackenzie Valley to the Arctic Coast. An all season road will eventually connect Tulita to the planned Great Bear River Bridge and this will provide consistent access to the west side of the river.  The Northwest Territories Housing Corporation (NWTHC) will continue to be a significant developer within the Hamlet. Currently the Housing Corporation has a limit of 74 public housing units allocated for Tulita. There are also a number of private dwellings that are part of the Housing Corporation's homeownership programs. Additionally, the Housing Corporation is currently piloting a project in the NWT for multi-generational housing. Tulita is part of the pilot and will receive one (2 storey, 4 bedroom) single dwelling unit. If the pilot is successful, more units could be built. With respect to general land development, the Tulita Land Corporation, a non-profit corporation representing the Sahtu Dene and Metis of Tulita, is one of the largest private land owners in the community. Some of their property is already developed and includes a mix of residential, commercial and industrial activities. The Tulita Land Corporation and their wholly owned subsidiary, Mackay Range Development Corporation, own large undeveloped parcels of land that do not have a planned use. These lands have been identified as development opportunity areas. The Tulita Land Corporation and Mackay Range Development Corporation will likely drive much of the future private development in the community. Most of the community facilities in the Hamlet have recently been replaced or upgraded. Some community facilities, like the Harriet Gladue Health Clinic, and the RCMP Detachment were in the process of being replaced at the time this plan was prepared. All of the major community facilities are located in the community core. These facilities include: - Chief Albert Wright School (K-12); - Fitness Centre; - Hamlet of Tulita Administration Building; - Harriet Gladue Health Clinic; - Ice Arena; - Recreation Centre; - RCMP Detachment; and, - Swimming Pool. The current Municipal Boundary, although sufficient to meet current land demand, may not be appropriate when considering long-term demand for land. The environmental condition of much of the existing developed land is susceptible to erosion and ground movement due to melting permafrost and because most of the community is built on soft, muskeg type land. There may be land beyond the Municipal Boundary that is more stable and suitable for long-term community development. The construction of the Great Bear River Bridge could potentially open land on the west side of the river for development. This may require movement of the Municipal Boundary to allow for this land to be developed. Climate change is a significant challenge for the Hamlet of Tulita. A changing climate in Tulita and surrounding areas means that as the climate warms, there will be changes to precipitation patterns, changes to ice conditions, and the surrounding forests will be drier.  Mitigation and adaptation of Hamlet and private infrastructure and property will form the major component of Tulita's climate change response, ensuring appropriate fire breaks are established, flood prone areas are avoided by development and permafrost risks and land stability are considered through new development approvals. The Community has already started responding to the changing climate by re-locating housing away from the shoreline to an area closer to the airport. However, this land is still quite marshy and not ideal for development. For the 20 year horizon of this plan, current land use designations, supported by the attached land use concept maps will follow. However, when considering a 30 to 50 year planning timeline and beyond, the Hamlet may start considering re-location, as the current infrastructure requires replacement. Figure 1 shows a map of what that might look like.  Figure 1: Proposed Long-term Future Growth Areas  Existing Built Area and Planned Phased Development 2019-2040 Future Growth Area 1 2040-2060 Future Growth Area 2 2060-2100  ## 2 Vision and Goals The vision and goals of this Community Plan have been developed to consider the traditional land use values of the people who live in the Hamlet and recognize that the use and development of land is done in cooperation with the local Indigenous Government Organizations and other agencies. ## 2.1 Vision The Incorporated Hamlet of Tulita seeks to be a healthy community, which provides opportunities for new and renewed development that supports the well-being of all residents and encourages economic diversification. ## 2.2 General Development Goals The Hamlet of Tulita has adopted the following General Development Goals: - 1) To enhance the existing and future quality of life in the Incorporated Hamlet of Tulita by ensuring orderly and phased development; - 2) To protect, conserve and promote the Hamlet of Tulita's natural environment; - 3) To encourage businesses to locate to the Hamlet of Tulita by providing a supply of appropriate developable land that broadens the economic base and supports a sustainable community; - 4) To minimize infrastructure costs by encouraging redevelopment and consolidation of community services within a core area; - 5) To maintain a sufficient supply of land for future residential, commercial, industrial and community needs; - 6) To encourage and assist non-conforming land uses to relocate to more appropriate areas; - 7) To preserve important cultural and historical elements of the community; and, - 8) Due to a changing climate all new development shall consider and provide appropriate methods of adaptation. ## 2.3 Application for Development In consideration of all applications for development, the Hamlet and Council shall ensure that the proposed development is in keeping with the goals and conforms to the policies of this Community Plan. Section 3 provides details on the identified Land Use Designations as well as the Objectives and Policies for each.  ## 3 Land Use Designations - Objectives and Policies This section describes the policies and objectives for each of the land use designations and specific direction for future development that can be related back to the goals of the Plan. The policies and objectives provide the needed planning direction for each land use designation. - 'Objectives' are specific aims which can be measured and achieved. - 'Policies' are the means by which the objectives can be realized. The following land use designations have been defined in Tulita: - 3.1 Community Core - 3.2 Residential - 3.3 Industrial - 3.4 Recreation and Open Space 3.5 Environmentally Sensitive 3.6 Hinterland 3.7 Airport 3.8 Development Opportunity Each designation is described and includes corresponding objectives and policies in the following section. ## 3.1 Community Core The Community Core, as identified on the land use concept map, includes the existing central service area of the Hamlet. The intent is to allow for a mix of compatible residential, commercial, community and open space uses. New commercial, institutional and higher density residential development should occur, where possible in this Community Core area. Relocation of existing industrial uses to newly identified industrial areas is encouraged, with redevelopment into compatible uses. Lands designated as Community Core area are compact and accessible to all of the community's residents. Allowing for a mix of uses in the Community Core maintains a compact and vibrant community with flexibility when re-developing lots that are no longer in use. This will reduce pressure on the Hamlet to expand services and maintain additional infrastructure such as roads.  ## 3.1.1 Objectives - CC.1 To direct commercial, and institutional uses to occur within the existing central area of the community; - CC.2 To improve the accessibility within the core area so that walking or active forms of transportation can occur easily and without barriers for seniors, children or people with mobility challenges; - CC.3 To improve the active transportation network linking the Community Core to other areas of the community; - CC.4 To promote compatible mix uses like residential, commercial, institutional, cultural and parks and recreation; - CC.5 To encourage incompatible existing uses to re-locate to a more appropriate location; - CC.6 To encourage all new development to occur in a manner that considers the best available information to help mitigate potential risk of the changing climate, including flooding, permafrost and forest fires; - CC.7 To ensure that new development is properly sited to safely accommodate permitted uses; and, - CC.8 To maintain an appropriate drainage system so that surface water is directed away from new development and existing structures to existing watercourses. ## 3.1.2 Policies - CC.A All proposed commercial, and institutional development and redevelopment will be supported and directed to occur within the Community Core area; - CC.B High density residential or other uses relating to accessibility for seniors, elders and youth may be encouraged to occur within the Core area; - CC.C Active transportation networks should be completed between the Community Core and other areas of the community, with appropriate surfaces so that they are efficient, accessible and safe; - CC.D Multi-use buildings and facilities are permitted if they combine compatible uses; - CC.E No new incompatible uses shall be approved for the community core; - CC.F New building foundations shall be raised and built in a manner that can handle anticipated shifting of the ground; - CC.G All lot layouts shall consider the location of the housing unit, accessory structures, parking, service vehicle access and appropriate lot line setbacks while having regard for Fire Smart planning; and, - CC.H New development shall connect to the existing drainage system to collect and re-direct surface water away from existing infrastructure and known areas where water will pool for proper infrastructure management and as part of climate change mitigation.  ## 3.2 Residential The Residential area, as identified on the land use concept map, includes existing residential neighbourhoods and Future Residential phased areas where residential growth will be directed. The existing residential neighbourhoods include a mix of dwelling units, densities, vacant lots, and playgrounds, which will continue to occur in the future expansion of this designated area. Residential development and re-development is predominantly directed to occur within this area. It is recognized that general residential objectives and policies shall be maintained within the Residential area, with improved connections and access to necessary services and retail needs within the Community Core. ## 3.2.1 Objectives - R.1. To increase housing options; - R.2. To maintain an inventory of lands where dwelling units can be built; - R.3. To develop the existing vacant residential lots before new residential subdivisions are developed; - R.4. To promote active transportation and accessibility; - R.5. To improve accessibility and connections between all residential areas and the community core area; - R.6. To encourage all new development to occur in a manner that considers the best available information to help mitigate potential risk of the changing climate, including flooding, permafrost and forest fires; - R.7. To improve accessibility of residential areas for people with mobility challenges; and, - R.8. To maintain an appropriate drainage system so that surface water is directed away from new development and existing structures to existing watercourses. ## 3.2.2 Policies - R.A. A variety of housing types shall be permitted in areas designated as Residential; - R.B. A sufficient supply of vacant residential land shall be kept to meet housing demand; - R.C. New residential development shall be directed to the future Residential area and shall occur according to the phased sequence identified in the land use concept map; - R.D. As part of subdivision development within the Residential area, applicants and Hamlet staff will work to improve walking trail connections to the Hamlet Community Core; - R.E. All new subdivisions shall include proper sidewalk and walking trails; - R.F. New residential development should incorporate best practices for mitigating the effects of ground movement on dwelling units. All lot layouts shall consider the location of the housing unit, accessory structures, parking, service vehicle access and appropriate lot line setbacks while having regard for Fire Smart planning;   - R.G. All residential development should incorporate a layout and design that considers the accessibility of people with mobility challenges; - R.H. New residential development should incorporate best practices for mitigating the effects of ground movement on dwelling units; - RI. All lot layouts shall consider the location of the housing unit, accessory structures, parking, service vehicle access and appropriate lot line setbacks while having regard for Fire Smart planning; and, - RJ. New development shall connect to the existing drainage system to collect and re-direct surface water away from existing infrastructure and known areas where water will pool for proper infrastructure management and as part of climate change mitigation. ## 3.3 Industrial The industrial areas, as identified on the land use concept map include existing sand and gravel storage pits, energy generation facilities, fuel storage and a barge landing site. The Solid Waste Disposal (SWDF) and Sewage Disposal (SDF) facilities also occur within the industrial designation. Future industrial areas are proposed to be developed in a phased approach south and east of the airport as identified on the land use concept map, to separate industrial uses from other incompatible uses such as residential, commercial, and institutional uses. ## 3.3.1 Objectives - IN.1. To transition industrial development in an orderly manner away from other incompatible uses; - IN.2. To maintain an inventory of lands where industrial activities may expand or occur; - IN.3. To increase vegetation and visual screening around the perimeter of industrial lots to improve aesthetics of the community; - IN.4. To maintain an area for the community's sewage and solid waste that provides regulated separation from residential uses and can be managed in an environmentally sustainable manner; To encourage economic development that aligns with the larger construction projects that are happening in the Sahtu Region; - IN.5. To reduce the amount of industrial traffic, related to industrial activities, in the Community Core and Residential areas of the community; - IN.6. To encourage all new development to occur in a manner that considers the best available information to help mitigate potential risk of the changing climate, including flooding, permafrost and forest fires; and, - IN.7. To maintain an appropriate drainage system so that surface water is directed away from new development and existing structures to existing watercourses. ## 3.3.2 Policies - IN.A. Existing industrial uses and activities currently located within other areas of the Hamlet are encouraged to relocate to industrial areas where feasible; - IN.B. The Hamlet shall preserve industrial designated lands for industrial uses; - IN.C. Development in Industrial use areas shall maintain an undisturbed buffer of vegetation along road frontages and along lot lines abutting land uses which are not industrial in nature; - IN.D. Only industrial uses shall be permitted on property adjacent to community's solid waste and sewage disposal facilities; - IN.E. The Hamlet shall subdivide land to provide an inventory of industrial land uses. The development of industrial land will follow the phased sequence shown on the land use concept map. - IN.F. Industrial vehicle traffic is restricted to areas necessary for accessing industrial lands, or actively servicing other areas of the community, in order to avoid congestion and deterioration of community roads; - IN.G. All lot layouts shall consider the location of the industrial structure(s), accessory structure(s), parking, vehicle turn-around areas, service vehicle access and appropriate lot line setbacks while having regard for Fire Smart planning; - IN.H. All lot layouts shall consider the location of the industrial structure(s), accessory structure(s), parking, vehicle turn-around areas, service vehicle access and appropriate lot line setback; and, - IN.I. New development shall connect to the existing drainage system and have regard for existing drainage patterns for proper infrastructure management and as part of climate change mitigation. ## Actions Supporting Industrial Objectives and Policies The Hamlet has identified a need to relocate the existing Solid Waste Disposal Facility and Sewage Disposal Facility. To facilitate the relocation of these facilities, the Hamlet will engage with community members and the GNWT to identify suitable sites that meet the environmental requirements and serve the needs of the community.  ## 3.4 Recreation and Open Space Recreation and Open Space areas, as identified on the land use concept map, are intended for land that is not developed for residential, commercial, or industrial uses but is used for parks, playgrounds, campgrounds and informal community activities. Some of these areas are not suitable for development because of drainage and steep slopes. This area is intended to remain in its natural state with development limited to activities and uses which build upon or support existing recreational pursuits. Additional community and tourism uses may also be directed to this area, when the new activities do not conflict with the existing recreational land uses. Access through these lands shall be maintained for all residents, as will public access to recreational and snowmobile trails. Providing Recreation and Open Space trail connections will be a requirement for any future development. ## 3.4.1 Objectives - REC.1. To maintain parks within the community core that support natural ecosystems and resident well-being; - REC.2. To improve camping amenities and natural walking trail networks for residents and tourists; - REC.3. To connect recreational areas with other parts of the community through active transportation networks like walking and cycling trails. - REC.4. To improve the accessibility of parks and recreational areas for people of all ages and abilities; - REC.5. To maintain existing natural vegetation, watercourses, and ecosystems; - REC.6. To encourage public gathering in Recreation and Open Space areas; and, - REC.7. To maintain access to recreational opportunities and open space in new land developments. ## 3.4.2 Policies - REC.A. No permanent residential, commercial, or industrial development shall be permitted in recreation or open space areas without the explicit approval of Hamlet Council; - REC.B. Development of public camping amenities and walking trails in Recreation and Open Space areas shall be permitted; - REC.C. Improvements to walking and cycling trails connecting recreational areas to other areas of the community shall be prioritized; - REC.D. Any new amenity or improvement of existing amenities in recreational and open space areas shall consider the accessibility of people of all ages and abilities; - REC.E. Cutting or removal of natural vegetation or alteration of existing natural features in Recreation and Open Space areas shall not be permitted without the explicit approval of Hamlet Council;  - REC.F. Community uses may occur within these areas, however shall be limited to uses which will minimize disturbances and impacts upon natural features; and, - REC. G. Future development shall provide Recreation and Open Space areas including trail connections, and playgrounds or natural lands as determined by council. ## 3.5 Environmentally Sensitive The Environmentally Sensitive areas, as identified on the land use concept map, is intended for land, which occurs within areas of known hazards and locations where development is deemed to be inappropriate. These areas are not suitable for development because they are susceptible to flooding, erosion, and significant ground movement due to permafrost melt. This area includes river shorelines, slopes and wetlands. Development shall not be supported within these areas. Access to the shoreline shall be maintained for all residents, as will public access to recreational and snowmobile trails. ## 3.5.1 Objectives - ES.1. To maintain community access to these areas; - ES.2. To limit new structures in the area; - ES.3. To encourage movement of existing structures in area to land better suited for development; - ES.4. To ensure that traditional and cultural sites are preserved and protected; - ES.5. To preserve public access to the river shorelines; and, - ES.6. To maintain walking and snowmobile trails. ## 3.5.2 Policies - ES.A. Public access to these areas shall be permitted but limited to uses that minimize disturbances to natural features; - ES.B. New construction of permanent structures shall not be permitted; - ES.C. The Hamlet shall incentivize movement of existing structures to other areas that are deemed appropriate for the use as identified in the Land Use Concept Map; - ES.D. Traditional and cultural structures or sites shall not be altered without the explicit approval of Hamlet Council. Specific policies with respect to heritage resources are found in Section 4.3 of the Community Plan; - ES.E. Restrict uses along the river shorelines to outdoor recreational activities and secondary storage for hunting, trapping and fishing equipment of a non-commercial nature; and, - ES.F. Existing trails and snowmobile routes shall be protected from development.  ## 3.6 Hinterland The Hinterland areas as identified on the land use concept map are lands that do not have a current designation and may be unsuitable for development because of terrain and natural features (steep slopes, watercourses, ravines, etc.) or their distance from the existing built area of the community. These lands are currently used for traditional and recreational activities. These lands are intended to remain in their natural state and continue to support traditional and/or recreational land use activities. ## 3.6.1 Objectives - H.1 To preserve special areas for traditional gathering places; - H.2 To preserve the public use of all hinterland areas; - H.3 To retain natural and cultural landscapes within the municipal boundary; - H.4 To prevent development of permanent structures; and, - H.5 To allow for the continuation of traditional land use activities in the area such as hunting, fishing, and trapping. ## 3.6.2 Policies - H.A. Traditional gathering places and special areas shall be recognized and preserved; - H.B. Public use and access to these lands shall be maintained; - H.C. Development of the Hinterland shall not occur unless there is a demonstrated need for land which cannot be accommodated in other land use designations; - H.D. Development of permanent structures shall only be permitted with the explicit consent of Hamlet Council. Temporary structures, such as hunting camps, relating to traditional activities may be permitted as long as they do not permanently degrade the natural vegetation, water bodies, or other natural landscape features; - H.E. Hunting and trapping shall only be permitted in areas defined by Hamlet Council and shall comply with all applicable municipal bylaws, the Sahtu Dene and Metis Comprehensive Land Claim Agreement, and all other territorial and federal laws; - H.F. Cutting or removing live vegetation or permanently altering natural features shall be prohibited unless explicitly approved by Hamlet Council; and, - H.G. Cutting or removing live vegetation or altering natural features for the purposes of developing firebreaks or other fire smarting activities shall be permitted at the discretion of Hamlet Council  ## 3.7 Airport The Tulita Airport (ZFN) is currently the primary and only year-round transportation connection to the Hamlet. Regular scheduled air service connects Tulita to Deline, Norman Wells, and Yellowknife. Flights to and from each of these destinations are scheduled once per day, with additional service provided outside of the ice road season. The airport is also periodically used for emergency medical air transport (ACCESS Air Ambulance) and charter flights. The safe and efficient operation of the airport is maintained through the policies of the Fort Norman Airport Zoning Regulations (SOR/93-388) whereby land uses are controlled within the vicinity of the airstrip and surrounding supporting telecommunications equipment. Airports in the NWT are managed and operated by the Government of the Northwest Territories Department of Infrastructure (INF). The Plan recognizes that airport lands are regulated by INF, and this may include private businesses. Adjacent land uses shall comply with air transportation regulations, which may impose limits on activities, building and vegetation heights, or access routes. ## 3.7.1 Objectives - AIR.1. To avoid land use conflicts between the airport and adjacent land uses; and, - AIR.2. To protect air traffic and contribute to aviation safety. ## 3.7.2 Policies - AIR.A. The Hamlet shall monitor the airport lands and work with INF to resolve any conflicts or concerns; and, - AIR.B. Aviation safety and the protection of air traffic are an ongoing priority of the Hamlet, and all proposals for development within airport approach and transition zones will be reviewed by appropriate Federal, Territorial, and Hamlet officials before being given authorization to proceed. ## Actions Supporting Airport Objectives and Policies The current airport location occupies an area of the Hamlet that could be suitable for other types of land development. The Hamlet has expressed an interest in potentially relocating the existing airport to free up airport land for other types of land use development. The Hamlet will engage with the GNWT Department of Infrastructure to explore options for airport relocation.  ## 3.8 Development Opportunity The Development Opportunity area, as identified on the land use concept map, are undeveloped lands currently held by the Tulita Land Corporation or their wholly owned subsidiary: Mackay Range Development Corporation and the Tulita Municipal Land Corporation or their subsidiary the Tulita Land Corporation and the Fort Norman Metis Land Corporation. The Tulita Municipal Land Corporation is the land administrator, managing the sale or lease of land owned in fee simple through the Sahtu Dene and Metis Land Claim Agreement. Both Corporations currently owns several parcels of land within the Hamlet of Tulita. Some of the parcels have been developed for residential, commercial, and industrial purposes. Other parcels of land are currently undeveloped but may be developed over the timeline of the Community Plan. The Hamlet of Tulita recognizes the importance of both Land Corporations and the development of titled land within their municipal boundary. Furthermore, the Hamlet encourages responsible and sustainable development of land owned by the Land Corporations to provide more economic and social benefits for community residents. The Hamlet of Tulita wishes to work with developers of the Land Corporations land in a collaborative manner and in a way that complements other existing land uses in the community and supports the Vision and General Development Goals of the Community Plan. An example of "complementing other existing uses" may be developing an office, school or small commercial building next to existing residential unit. ## 3.8.1 Objectives - DO.1. To encourage the development of vacant parcels owned by the Tulita Land Corporation, Tulita Municipal Land Corporation or their subsidiaries; - DO.3. To ensure development that is compatible with other uses in the community. - DO.2. To support development that provides economic and social benefits to the community; and, ## 3.8.2 Policies - DO.A. The Hamlet shall incentivize development of vacant and surveyed parcels of land within the Municipal Boundary; - DO.B. Development shall be compatible with surrounding land use designations as identified in the Land Use Concept Map; - DO.C. All land developed by the Tulita Land Corporation shall align with the Vision and Development Goals of the Community Plan; and, - DO.D. If land held by the Tulita Land Corporation or its subsidiaries is sold to a private entity, the land shall be designated by Council to the most appropriate land use that supports the Vision and General Development Goals of the Community Plan and be complementary to the surrounding land use.   ## 4 General Objectives and Policies Objectives and policies for land uses that may apply to any land use designation are provided here. ## 4.1 Transportation The purpose of this section is to establish a policy for a transportation system within the community, which is safe, efficient and appropriate for motorized vehicles, bicycles and walking. Tulita has a good road network, with recent upgrades to drainage and the incorporation of new dust suppression. While currently isolated, by road from the rest of the NWT, a potential connection to the Territorial Highway System is currently being considered. Currently, the primary mode of transportation in Tulita is private motor vehicle. As the Territorial and Federal governments move toward reducing emissions as part of Climate Change initiatives, a reduction in private motor vehicle use would support these policies and reduce costs associated with transportation fuel. Active modes of transportation like walking and cycling will play a greater role in reducing reliance on private motor vehicle transportation. Additionally, active modes of transportation such as walking and cycling support healthy lifestyles and these modes of transportation are more accessible to people that can't drive for legal or financial reasons. It is important that objectives and policies address resident circulation and identify strategies for supporting improved options for resident mobility and access. ## 4.1.1 Objectives - T.1. To maintain safe and efficient traffic flow throughout the Hamlet; - T.2. To improve roadways to allow for safe walking and cycling; - T.3. To connect gaps in walking infrastructure throughout the community; - T.4. To extend existing walking paths and connect gaps in walking paths to create a continuous network linking the community core to residential areas; and, - T.5. To support the implementation of a community addressing system that assigns house numbers and street names to support location identification in the community and to support emergency response services ## 4.1.2 Policies - T.A. Roads shall be designed and maintained in a manner that is consistent with the Government of the Northwest Territories; - T.B. Roadways shall be wide enough to allow for safe bicycle and pedestrian travel along either side or along designated trail areas; - T.C. Gaps in walking infrastructure, such as walking paths, shall be identified and filled to improve connectivity and safety; - T.D. The Hamlet shall support a system of formal walking and trail connections between areas of the community; and, - T.E. Buildings shall be assigned numbers and roads shall be assigned street names using a system that is approved by council.  ## 4.2 Access and Servicing The purpose of this section is to establish policies for safe, efficient and appropriate access with servicing to all developed lands within the municipality. ## 4.2.1 Objectives - AS.1. Maintain access to roadways for all developed parcels of land; - AS.2. Properly develop lots to reduce the potential for environmental hazards such as fuel spills or sewage that could impact surrounding lots; and, - AS.3. Provide adequate vehicle circulation on all developed lots. ## 4.2.2 Policies - AS.A. All developed lots shall have access to a roadway, including a culvert; - AS.B. All access points to developed lots shall be from an official surveyed road; - AS.C. All development in the Hamlet shall be serviced by trucked water and sewer services. Developments are to be designed with provisions for efficient and safe delivery of water and collection of sewage; and, - AS.D. Development is to be designed with provisions for the collection of waste. ## 4.3 Heritage Resources The purpose of this section is to establish policies for the preservation of heritage buildings, archaeological sites, and areas that are of historical importance to the community. ## 4.3.1 Objectives - HR.1. To preserve buildings and areas that are historically significant to the community; - HR.2. To preserve burial sites and cemeteries; - HR.3. To protect archaeological sites; - HR.4. To improve signage and other interpretive resources explaining the significance of heritage resources; and - HR.5. To restore heritage resources in need of repair to allow community members and visitors to better understand the history and culture of Tulita. ## 4.3.2 Policies - HR.A. Buildings and areas deemed historically significant shall not be permitted to be demolished without the explicit approval of Hamlet Council; - HR.B. · Burial sites and cemeteries shall be protected in perpetuity and other non-related land uses shall not be permitted on these sites; - HR.C. Excavation, alteration, or disturbance of archaeological sites as defined in the Archaeological Sites Regulations shall not be permitted without a Class 2 Archaeology Permit issued by the Minister of the Department of Education, Culture and Employment, Government of Northwest Territories. - HR.D. HR.D The Hamlet shall obtain confidential archaeological site data on an annual basis from the Prince of Wales Northern Heritage Centre (PWNHC). - HR.E. The Hamlet shall incentivize and encourage better signage and interpretive resources for heritage buildings and areas; and, - HR.F. The Hamlet shall incentivize and encourage restoration of heritage resources in need of repair. ## Actions Supporting Heritage Resources Objectives and Policies The Hamlet will engage with Elders, other community members, and the GNWT Department of Education, Culture, and Employment to create a registry of historically, archaeologically, and culturally significant buildings and areas in the Hamlet. ## 4.4 Environment and Climate Change Considerations The natural environment surrounding Tulita is experiencing change. Changing climate conditions will significantly impact the community, resulting in warmer temperatures and greater precipitation. As discussed in Section 1.5 Planning Assumptions, permafrost is noted as being continuous throughout the area, with slope failures and slumping noted along the river shoreline. Fire is a recent and real risk for residents, with much of the surrounding lands burned in the fire of 1995. Flooding is also noted in the area, with some of the most recent damage related to changing temperatures and differential thawing of the Great Bear River which backed up on the Mackenzie River. Changes to climate may impact all of these local factors and result in more frequent and exacerbated events in the area. Although there are no immediate threats to infrastructure, it is important that new development be undertaken in awareness of the changing climate and adapted to these conditions. ## 4.4.1 Objectives - ECC.1. Site conditions should be suitable for the proposed development; - ECC.2. Proposed development should meet best building practices, established by the Government of the Northwest Territories and supporting agencies for building design, climate change, and energy standards; and, - ECC.3. Environmentally sensitive areas should not be developed.  ## 4.4.2 Policies - ECC.A. New development should follow the National Building Code, Northern Infrastructure Standardization Initiative Standards, and best practices identified by the Government of the Northwest Territories and supporting agencies; - ECC.B. Development along the Mackenzie River and Great Bear River shorelines should have regard for geophysical change including melting permafrost; - ECC.C. No new development is permitted in areas identified as floodway in the 1979 NWT Flood Damage Reduction Program or new best available information; and, - ECC.D. Environmental impacts should be minimized with all new development. ## 4.5 Subdivision Development A new subdivision will be needed to accommodate residents transitioning out of the Environmentally Sensitive area. Additionally, if there is a significant increase in population, a change in the number of housing units that the NWT Housing Corporation is able to develop, or a change to economic conditions in the community, this will create demand for new subdivision development. Residential and industrial development shall occur in a phased approached as identified on the land use concept map. The objectives and policies described below apply to residential development projects in areas larger than 0.5 ha. ## 4.5.1 Objectives - SD. 1. To set standards acceptable to the Hamlet for new development requiring the subdivision of a large parcel of land for the purpose of multi-lot developments larger than 0.5 ha; - SD. 2. To ensure road and walking trail connectivity between new subdivision development and existing roads and trails; and, - SD. 3. To ensure accessibility for people of all ages and abilities as reasonably possible for a small community with limited resources. ## 4.5.2 Policies - SD.A. The Hamlet shall conduct a review of all applications for subdivision prior to approving or providing advice to the Director of Planning to confirm that it meets all requirements of the Act; - SD.B. The Hamlet shall support subdivision applications only if the lands have been identified for development in the Plan; and,  - SD.C. The Hamlet shall support subdivision applications requiring expansion and/or upgrading of existing municipal services only if it has been shown that all other goals and objectives of the Community Plan have been taken into consideration and the owner agrees to enter into a development agreement with the Hamlet for the provision of any or all of the following municipal services: - a. Roads; - b. Walking trails; - c. Drainage; - d. Parking; - e. Fenced Playgrounds; - f. Street Lighting; and, - g. Any other matter Council deems necessary to be in the public interest.   ## 5 Implementation Once the Plan has been adopted, it is implemented in two ways: - 1) Land development by private or public developers; and, - 2) Supplemental studies or plans undertaken by the Hamlet. This section of the Plan describes tools and procedures that can be used to effectively implement the Plan. ## 5.1 Zoning Bylaw The primary tool used to implement a Community Plan is a Zoning Bylaw. Zoning Bylaw # 125-97 shall be amended subsequent to the adoption of the Plan to regulate development so that it conforms to the intent of the Plan. The Zoning Bylaw will establish requirements that can be measured to determine compliance. ## 5.2 Land Administration Considering land as a community asset, an inventory shall be maintained by Hamlet administration to support monitoring and reporting, and development decisions. Land attributes including legal descriptions, land use categories, site area, and authority should be coordinated with the land use concept map. ## 5.3 Circulate the Plan To best implement the Plan, it is important that the primary developers and GNWT departments that administer land and support community development are aware of it. This includes but is not limited to: - NWT Housing Corporation; - NWT Power Corporation; - GNWT Department of Municipal and Community Affairs; - GNWT Department of Lands; - Tulita Land Corporation; - Tulita Dene Band; and, - Fort Norman Metis Community. Once adopted, circulate the Plan to make them aware of the goals, policies, and land designations so their decisions can be coordinated with the Hamlet's vision.  ## 5.4 Integrated Planning The Plan is one of many plans the Hamlet adopts. In guiding community development the Hamlet shall consider and coordinate the goals and objectives of other plans and strategies and regulations that may include: - Strategic Plan; - Capital Plan; - Asset Management Plan; - Drainage Plan; - Economic Development Plan; - Climate Action Plans; - Emergency Mitigation Plans; - Community Wildfire Protection Plan; - Community Energy Plan; - Transportation Plan; and, - Housing Plan. ## 5.5 Public Involvement Public participation is a key component of sustainable community planning. Community members were consulted to obtain their views, opinions and concerns during the development of the Plan. Every effort should be made to continue to provide public information about development and opportunities for feedback. ## 5.6 Monitoring and Reviews Routine monitoring of the Plan by Council is required to determine whether it has been effective, or if any amendments should be considered. An annual report should be prepared for Council by Hamlet Administration. Council shall complete a review of this Plan within eight (8) years after it is first adopted and at least every eight (8) years after the completion of each previous review. ## 5.7 Adoption and Amendments The Community Plan is enacted through by-law and any changes to this Community Plan can only be done by amending the by-law in accordance with the Act. Minor adjustments may be made to the Plan provided the general intent is maintained and the adjustment or interpretation is approved by resolution of Council. ## SCHEDULE 'B' Land Use Concept Maps Schedule B