Resolute Bay Community Plan By-law No. 63

Resolute, Nunavut

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RESOLUTE BAY COMMUNITY PLAN BY-LAW NO. 63 MARCH 2009 RESOLUTE BAY COMMUNITY PLAN BY-LAW NO. 63 A By-law of the Hamlet of Resolute Bay in Nunavut Territory to adopt a General Plan pursuant to the provisions of the Planning Act, RSNWT, 1988, c. P-7, s.4. WHEREAS the Council of the Hamlet of Resolute Bay has prepared a General Plan, referred to as the "Resolute Bay Community Plan", in accordance with the Planning Act: NOW THEREFORE, the Council of the Hamlet of Resolute Bay, duly assembled, enacts as follows: 1. Schedules 1, 2, and 3 of this By-law form part of this By-law. 2. This By-law may be cited as the "Resolute Bay Community Plan". 3. This By-law shall come into full force and effect on the date of its Third Reading. 4. By-law No. 33 of the Hamlet of Resolute Bay is hereby repealed. READ a first time this ___ day of ______________________, 20__, A.D. ______________________________ ________________________________ Mayor Senior Administrative Officer After due notice and a Public Hearing, READ a second time this ___ day of _____________________, 20__, A.D. _____________________________ ________________________________ Mayor Senior Administrative Officer APPROVED by the Minister of Community and Government Services this ___ day of _____________________, 20__, A.D. _____________________________ Minister READ a third time this ___ day of ___________________________, 20__ A.D. _____________________________ ________________________________ Mayor Senior Administrative Officer Resolute Bay Community Plan March 2009 Page 1 1 INTRODUCTION 1.1 Purpose of the Plan The purpose of the Resolute Bay Community Plan is to outline Council's policies for managing the physical development of the Hamlet for the next 20 years - to 2028. The Community Plan was created through a community consultation process and reflects the needs and desires of the Community. 1.2 Goals of the Community Plan Community Plan policies emerge from the values of a community and its vision of how it would like to grow. The goals established for this Community Plan are: 1. To create a safe, healthy, functional and attractive community that reflects community values and culture. 2. To promote the Plan as a tool for making effective and consistent decisions regarding land use and development in the community. 3. To ensure an adequate supply of land for all types of uses to support the growth and change of the community. 4. To support community projects and local economic development. 5. To protect the natural environment and respond to potential environmental changes. 1.3 Administration of the Plan The Community Plan is enacted by By-law. Changes to the Plan can be made by amending the By-law in accordance with the Nunavut Planning Act. The Community Plan should be reviewed and updated every five years as required by the Nunavut Planning Act. A Zoning By-law is also being enacted for the purpose of implementing detailed policies based on the Community Plan. All development must follow the intent of the Community Plan and Zoning By-law. The Community Plan includes Schedule 1 (Plan Policy Text), Schedule 2 (General Land Use Map) and Schedule 3 (Community Land Use Map). 2 COMMUNITY GROWTH AND PHASING POLICIES At the time of preparation of this Plan, the population of Resolute Bay was approximately 225 people. This Plan is based on a future population of 350 people by 2028, however this number may increase or decrease based on the influence of various growth factors. These factors include economic development activity in the region, the natural rate of population growth and in-migration from other communities, among others. It is estimated that an additional 46 dwelling units will be required to meet the projected population growth, representing the need for approximately 3 hectares of land for residential development. A further 0.5 hectares are required for commercial uses, 2 hectares for community uses, and 3 hectares for industrial uses. The policies of Council are: Resolute Bay Community Plan March 2009 Page 2 a) Plan for a 2028 population of approximately 350 people. b) Identify sufficient land on the Community Plan to meet the needs of the projected 2028 population. c) Review the Community Plan in 5 years, in 2013, to re-assess actual rates of growth and community needs. d) Council will generally phase new community land development as follows: i. Infill and redevelopment on vacant or underused lots within the built-up townsite of the Hamlet ii. New subdivision to the west of the townsite. e) Council may change the phasing of development without amendment to this Plan. 3 GENERAL POLICIES The following policies of Council apply to all development in the Hamlet: a) The development of lots shall be subject to the following lot development policies: i. All service connections to buildings with trucked services shall be easily accessed from the front yard on all lots. ii. Buildings shall be sited to respect setbacks identified in the Zoning By- law. iii. Any building over 500 m2 in gross floor area shall consider potential wind impacts on surrounding development. A wind study may be required by the Development Officer. iv. Culverts are required and shall be installed at the access points to lots. v. On any portion of a lot where fill is introduced, drainage shall be directed towards the public road. Where possible, drainage troughs shall not be located in utility rights-of-way or easements. Exceptions may be made by the Development Officer. vi. Road widenings may be obtained as required at the time of development or redevelopment of a lot in situations where the road right-of-way is less than 15 metres wide. vii. Development should be set back by at least 30.5 metres from any watercourse. b) Utilities shall be permitted in any land use designation. c) The Hamlet will pile snow in locations to minimize downwind snow drifting and where spring melt run-off can be properly channelled to drainage ditches. The Hamlet will avoid piling snow within 30.5 metres of any watercourse. d) The Hamlet shall protect any cemeteries and sites of archaeological, ethnicographical, palaeontological or historical significance from disturbance. Any development in or near such sites shall follow the Nunavut Archaeological and Palaeontological Regulations, 2001 of the Nunavut Act (Canada). e) The Hamlet shall encourage development that minimizes emissions from fossil fuels, that is energy efficient and that considers alternative energy supply technology. f) The Hamlet shall work with the Nunavut Planning Commission to ensure that the Resolute Bay Community Plan and the North Baffin Regional Land Use Plan are compatible. Resolute Bay Community Plan March 2009 Page 3 4 LAND USE DESIGNATION POLICIES 4.1 Residential The Residential designation provides land for primarily residential uses, but also permits other small-scale conditional uses subject to the approval of Council. The policies of Council are intended to maintain an adequate supply of land for residential development and to protect residential areas from incompatible development. The policies of Council are: a) The Residential designation will be used primarily for housing with all types of dwellings permitted. Other related residential uses such as a group home, a home occupation, or a bed and breakfast will be conditionally permitted. b) Residential development will be phased so that a target minimum of 2 hectares of vacant surveyed land is available at any given time. c) All future residential development areas shall be serviced with utilidor. d) Where infill or redevelopment occurs in an established residential neighbourhood, the new development shall be connected to utilidor if the services are available in the road right-of-way. 4.2 Community Services The Community Services designation defines the uses which support the development of a complete and healthy community. Community Services include public uses such as the Hamlet office, school and health centre, as well as commercial uses such as retail stores, offices and hotels. Combining these used into one designation ensures an adequate supply of land in a central location for community amenities, cultural activities, tourism, and community economic development. The policies of Council are: a) The Community Services designation will be used for public uses (e.g. social, cultural, religious, or educational), government services and commercial uses (e.g. hotels, restaurants, retail, personal and business services, and offices). b) Community facilities will be centrally located to ensure safe and convenient access by residents. c) Residential uses will be permitted when located above a ground floor commercial use. d) Commercial facilities will be located along main roads, where possible, to provide safe and convenient access by residents. e) Council will encourage the re-use or redevelopment of existing Community Service sites within the existing townsite. f) Council shall seek opportunities and encourage the relocation of industrial uses outside the Community Services designation over time by considering land swaps and/or other incentives. g) Front yard parking will not be permitted for any new development over 500 m2 gross floor area in the Community Services designation. Parking will be Resolute Bay Community Plan March 2009 Page 4 provided at the side or rear of the building. Parking spaces that require vehicles to back-out onto the municipal road will also not be permitted. 4.3 Open Space The Open Space designation is intended to protect shoreline environments, maintain access to the sea and to reserve open spaces within the built-up area for recreational uses and cultural events. The policies of Council are: a) The Open Space designation will be used primarily for parks, walking trails, beach shacks, harbour uses, boat storage, dog teams and temporary storage of sealift materials and equipment. b) Owners of development will be required to maintain the development and keep the surrounding area tidy. c) A playground should be located within 300 metres walking distance from any residence in the community. d) Unless otherwise noted, all Commissioner's Land forming part of the 100-foot strip (30.5 metres) along the seashore measured from the ordinary high water mark will be designated Open Space. e) No development is generally permitted within 30.5 metres from the normal high water mark of any river or major creek. 4.4 Industrial The Industrial designation is intended to reduce the negative effects associated with industrial uses such as noise, dust, odours, and the storage of potentially hazardous substances. The policies of Council are: a) Permitted uses in the Industrial designation will include all forms of manufacturing, processing, and warehousing. b) Conditionally permitted uses will also include outdoor storage, garages, power generation plants, and fuel storage facilities. Conditionally permitted uses will be directed to the South Camp Industrial Area. c) Council will continue to develop the industrial subdivision at the northwest edge of the town site to minimize land use conflicts and to reserve land closer to the town site for residential and community service uses. d) Council will work with local businesses and government operations to identify opportunities to relocate non-conforming industrial uses in the town site (e.g. garages, warehouses) to the Industrial designation. 4.5 Granular Resources The Granular Resources designation is intended to protect aggregate deposits for future extraction. The policies of Council are: a) The Granular Resources designation does not permit any development except uses accessory to the operation or remediation of a quarry or gravel pit. Resolute Bay Community Plan March 2009 Page 5 4.6 Waste Disposal The Waste Disposal designation is intended to identify existing or former waste disposal sites and ensure required development setbacks are followed. The policies of Council are: a) The Waste Disposal designation permits no development except those uses accessory to the operation or remediation of a waste disposal site or sewage treatment system. b) The Hamlet shall prohibit the development of residential uses and uses involving food storage or food preparation within the 450 metre setback from any existing or former waste disposal site, pursuant to the General Sanitation Regulations of the Public Health Act (Nunavut). 4.7 Nuna The Nuna designation applies to all unsurveyed land within the Municipal Boundary not designated by another land use and is intended to protect the natural beauty and cultural resources of the land - 'Nuna' - while providing access for traditional, recreational and tourism activities, as well as quarrying. The policies of Council are: a) The Nuna designation generally permits traditional, tourism and recreational uses. Permitted uses also include dog teams, quarrying, and infrastructure projects for local economic development. b) Council shall ensure that development does not negatively impact wildlife, wildlife habitat and harvesting and is consistent with the guiding principles of Inuit Qaujimajatuqangit. 4.8 Transportation The Transportation designation is intended to protect and ensure the safe operation of the airport and related activities such as the NavCanada communications sites, as well as activities associated with the marine sealift. The policies of Council are: a) Permitted uses in the Transportation designation include airport and related activities such as commercial activities and communications sites. A barge staging area and landing area and related marine activities are also permitted. b) All development within the areas affected by the Resolute Bay Airport Zoning Regulations, as shown on Schedule 3, shall comply with those regulations. Development applications shall be referred to Nunavut Airports for review and approval where development is proposed adjacent to the airport and/or where development has the potential to interfere with airport operations. c) All development within the Transportation Influence Zone of the communications facility is subject to the approval of NavCanada. Resolute Bay Community Plan March 2009 Page 6 d) Council will explore the opportunity for a public/private partnership with local businesses to improve and/or expand the existing barge landing site in South Camp. 4.9 Municipal Reserve The Municipal Reserve designation is intended to reserve the land for the future growth of the community. The policies of Council are: a) The Municipal Reserve designation does not permit any development except temporary uses approved by Council. b) Municipal Reserve lands shall be redesignated by amendment to this Plan prior to being used for community expansion. c) A conceptual road network is shown on some of the Municipal Reserve lands which considers connections with the existing road network, future land uses, prevailing wind direction, solar orientation, drainage and topography. Road layouts may need to be changed according to community needs during the detailed subdivision design process. 4.10 Watershed Overlay The Watershed Overlay identifies the watershed of the Hamlet water source (Char Lake) and is intended to restrict the uses of the underlying designation to protect the Hamlet water source. The policies of Council are: a) No development is permitted in the Watershed Overlay unless it can be demonstrated that the development will have no impact on the Hamlet water source. b) Despite policy 4.10 a) above, uses accessory to the supply of water such as a pipeline, a pumping or monitoring station or road are permitted.