FAQs
Residential Lands Related
What is a bare land strata?
A bare land strata is a form of ownership whereby the owners are responsible for the maintenance and upkeep of their own property, and share responsibility for some common elements such as the roads within the community, water distribution systems, and sewage treatment facilities. There is a legal organization, the bare land strata corporation, which is controlled by the owners and can make decisions on behalf of the owners in relation to the defined services.
What is a Resort Association?
A Resort Association is an entity, created under legislation within the Province of British Columbia, that provides for management of the collective interests of the owners of resort property in relation to the operation of the resort. At Hudson Bay Mountain, the Resort Association includes the mountain operations company and owners of properties on which commercial business, such as rentals in the resort area, is conducted. The primary purpose of the Resort Association is to market the resort assets related to overnight accommodation, in addition to the marketing programs that individual businesses might conduct. The Resort Association typically levies an assessment on hotel rooms and other commercial operations in the resort to fund its program. The members of the Resort Association control the program and budget of the association.
It will be mandatory for every commercial operator become a member of the Resort Association.
Who will own the services to my home site?
A separate private utility company will own the services. The developer controls the utility company until 75% of the total lots in the development are sold. Once this threshold is reached the lot owners control the utility company. At all times the utility company is responsible for the licensing, operation, and maintenance of the utility services for individual lots.
When will the Village Center begin construction?
The current development commitment is to the sale and delivery of 144 lots, the creation and operation of a resort rental marketing program, and the installation of a chairlift, identified as Lift I in the Ski Area Master Plan. The balance of the Ski Area Master Plan is the concept for the evolution of development on Hudson Bay Mountain. The final form, character, and timing of future phases of development will depend on market conditions.
What is the plan for a gondola to town?
The gondola to town is a concept only at this time. It will require the support of the Town of Smithers, the Wet'suwet'en, and the Provincial Government. Discussions in regards to the gondola are in the early stages.
The Master Plan shows more development on the mountain. When will we see development beyond the 56 lots in Phase 1?
The 56 lots in Phase 1 are the first Phase of the development of a total of 147 lots by the Hudson Bay Mountain Limited Partnership. We anticipate selling the entire 147 lots in a total of three phases over three to four years. There are plans for development beyond these 147 contemplated in the Master Plan and we will proceed with this development as the market conditions permit over the next 10 to 15 years.
What will be done with the sewage?
The sewage will be collected through a gravity-fed pipe system and treated in a central facility below the Base Lands development. The details of the system are currently being designed by our civil engineers, and the will be subject to approval by the Ministry of Environment and the Ministry of Health, and an operating license by the Province of BC.
Will there be postal service on the mountain?
Postal service will be provided by the Smithers Post Office. Residents will be able to obtain a postal box number and collect their mail at the Post Office in town.
Will there be garbage collection available?
The current plan proposes an incineration facility for disposal of garbage. The final plan is subject to the approval of the Ministry of Environment and the Regional District. The Strata Council Board will be responsible for any decision with respect to collection of garbage. The developer is anticipating that residents will be responsible for bringing their garbage to the collection facility, which the current plan situates on the Mountain approximately 2 km from the Estates.
Residential Lands - Phase 1 Related
What is the zoning for phase 1 and what can I build?
The zoning is designated by the Regional District of Bulkley-Nechako in their bylaw No 1476. The following is a summary of the major terms in the Bylaw; in the event of any discrepancy between this summary and the Bylaw, the Bylaw is the governing document.
A single family dwelling, with or without a suite can be built that has a gross floor area that does not exceed 35% of the lot size up to a maximum of 5005 square feet. The suite can be up to 1076 square feet as long as it is not greater than 40% of the total square footage of the structure.
Alternatively, you may build two single family dwellings provided that one must exceed a gross floor area of 1076 square feet, while the secondary dwelling cannot exceed 603 sq. feet. The construction can be phased, with the minimum being the construction of the garage and the secondary dwelling, and the maximum being the garage, secondary dwelling and main residence.
The total lot coverage of all buildings and structures can be up to 35% of the lot area. There are set back provisions and additional restrictions on all lots.
Home occupations allowed include small Bed and Breakfast operations with 3 bedrooms serving up to 6 people. Certain lots that exceed 20,000 square feet in area will be permitted a Pension style commercial operation with up to 7 bedrooms for such use. The zoning permits full time, year round use consistent with a single family home or apartment. In addition, it allows for both long term and short term rental of part or all of the residence or suite.
Are there restrictive covenants on the lots?
For the benefit of the all owners there are restrictive covenants on the lots.
One of the restrictive covenants pertains to the Hudson Bay Mountain Development Code, which will require all improvements to property within the resort to comply with the conditions specified.
The Development Code prescribes the form, character and materials associated with the architecture and landscaping to be followed in design. The Development Code also specifies design and maintenance measures intended to protect the natural environment.
The Development Code also prescribes construction practices to be followed in order to minimize any impact upon the environment, and will be available to any potential buyer for review prior to purchase.
A second restrictive covenant on title will apply to lots where commercial operations are to be conducted, such as a B+B or pension. The definition of commercial operations will include lot owners who place part or all of their residence into a short term nightly or weekly rental program. Lot owners who are planning commercial activities will be required to join the Resort Association and contribute to the resort marketing program in relation to the size of their rental activity.
Lot owners who rent part or all of the residence on a long term basis consistent with monthly rental to residences will be exempt from Resort Association membership.
How long will it be before we can begin construction?
We anticipate completion of the first phase of lots in the fall of 2009. Homeowners will be able to start building their homes in the construction season of 2010, with completion possible for the 2010/2011 winter season. To achieve this, homeowners will need to be ready to commence construction by June 1, 2010, and move quickly to close in the structure by October 15 or earlier.
What is the approval process to get a building permit?
There are 2 approval processes. The first is between the applicant (lot owner) and Hudson Bay Mountain Land Development LP. The applicant's designer prepares plans for improvements to the lot, based on the criteria and information contained in the Hudson Bay Mountain Development Code. The plans are then reviewed by the Hudson Bay Mountain Design Review Entity. Upon approval, the Design Review Entity issues a Certificate of Compliance confirming that the designs are in compliance with criteria set out in the Development Code.
Upon receipt of the Certificate of Compliance, the Applicant must submit the plans to the Regional District of Bulkley-Nechako for a Building Permit.
The Hudson Bay Mountain Development Code design review process is intended to assist, not restrict applicants, in the preparation of documentation for improvements to their lots and avoid costly mistakes such as oversights in snow management, inappropriate materials to withstand the harsh mountain environment, etc.
Are there restrictions on resale of the lots?
Prior to delivery of title to the initial buyer there is an administration fee for any resale. Once title is transferred, the holder of the title to the lot has no restriction on the sale of that lot.
Is there a period after purchase when a lot must begin and complete construction?
There is currently no time requirement for commencement of construction in phase 1 of Hudson Bay Mountain Estates. The developer may include such restrictions in future phases.
If I purchase a lot and wish to build but find a restrictive covenant does not allow what I want to build, can I appeal the covenant?
If the restrictive covenant is associated with criteria set out in the Hudson Bay Mountain Development Code, it can be appealed for variance and reviewed by the Hudson Bay Mountain Design Review Entity or the Hudson Bay Mountain Construction Coordinator.
If the appeal relates to zoning, the zoning bylaw can be appealed for review by the Regional District of Bulkley-Nechako. Given the unique nature of the development and the recent zoning, the developer believes that a successful appeal would unlikely.
Mountain Living Related
During the winter ski and boarding season will I be able to ski to and from my residence?
Yes, each and every lot will have ski-in and ski-out access.
What recreation is available in the winter in Smithers other than skiing and boarding?
There is a variety of recreation during the winter, including some of the best Nordic trails in BC, extensive snowmobiling trails, indoor climbing, swimming, skating and racquet sports.
What recreation is available in the summer in Smithers?
The development is located in the Bulkley Valley with some of the most magnificent recreation in BC. The valley is known worldwide for fishing and hunting, and its reputation for the best steel head fishing in the world. There is an extensive system of mountain bike trails on the mountain, a paved trail system in the Town of Smithers, a spectacular 18 hole golf course, and other recreation such as rafting and horse back riding. There is also a multitude of hiking and walking trails throughout the region and higher up on the mountain.
When will the next lift be built on the mountain and where will it be?
The operator of the ski lift complex, Hudson Bay Mountain Adventures, has committed to installing the lift, identified as Lift I in the Master Plan, for the start of the season following the sale of the first 56 lots in phase 1 of the real estate development. The sales of 56 lots need to be closed by the end of November 2009 for the construction of Lift I to completed for the start of the 2010/11 season.
What does the reference to Ski Area Master Plan refer to?
The Ski Area Master Plan is an official document on file with the Province of BC, and defines the potential build out and phasing of development of the resort facilities on the mountain. The later phases of the Ski Area Master Plan are conceptual only. You can view the Ski Area Master Plan on the HBMA website or on the website of the Ministry of Tourism, Culture and the Arts of the Province of BC. There is a link from our website www.HudsonBayMountain.com to the approved Master Plan. We recommend reading it on line as it is too large to easily download.
Is the road from the Town of Smithers going to be upgraded, if so when?
The road from the Town of Smithers is a highway under the control of the Ministry of Transportation. It is a sound, all weather road, maintained by the MOT. There are no plans at present to materially change the nature or character of the road.
What other year round amenities and services will be constructed for recreation?
The Town of Smithers is a resort town with a full complement of amenities and services. There are no plans to add additional amenities or services on the mountain beyond those already described.
What air service is currently available to Smithers?
Currently, Air Canada Jazz and Hawk Air operate daily return flights from Vancouver. In 2008, the Town of Smithers completed a major runway expansion to accommodate increased traffic, including jet service.
Will there be year-round medical and policing services available on the mountain?
The Town of Smithers has year-around medical and police services which are readily available to residents on the mountain. Ambulance service is available from town. The hospital in Smithers has excellent emergency facilities and offers complete hospital care. Policing is provided by the Royal Canadian Mounted Police from their base in Smithers. Smithers boasts Fully stocked drug stores and walk-in care facilities.
Where can I purchase groceries and other supplies?
There are three major grocery stores in Smithers including a Safeway. And there are numerous convenience stores, a government liquor store, two private liquor stores, and a wide variety of restaurants ranging from pub food to fine sushi. There are also many fine shops, including clothiers, gifts, jewelry, book - and hardware stores.
