Kinngait (Cape Dorset) Land Administration By-law No. 114 — full text

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--- .' .. MUNICIPALITY OF CAPE DORSET, NUNAVUT BY-LAW NO. 114 A BY-LAW OF THE MUNICIPAL CORPORATION OF THE HAMLET OF CAPE DORSET IN NUNAVUT TO AMEND BY-LAW NO. 70 CONTAINING THE LAND ADMINISTRATION BY-LAW, PURSUANT TO THE HAMLET ACT R.S.N.W.T., (1988), c. H-1, S.132.2. WHEREAS, the Council of the Municipal Corporation of the Hamlet of Cape Dorset has adopted a land Administration By-law in accordance with the Hamlet Act, and WHEREAS, the Council of the Municipal Corporation of the Hamlet of Cape Dorset has reviewed the land Administration By-law and decided to change the lease rate section to reflect current conditions, . NOW THEREFORE, the Council of the Municipal Corporation of the Hamlet of Cape Dorset, at a duly assembled meeting enacts as follows: 1. The land Administration By-law No. 70 is amended by: (a) Deleting the whole of section 26 and 27 and replacing it with the following: Lease Rates 1. New Leases a. For new leases on new lots, Council shall issue equity teases, which permit the accumulation of value, b. Where equity leases are required for new lots, 7% of the lot price must be paid at the time of signing of the equity lease and the remainder must be paid within 120 days of the signing of the lease Or Where equity leases are required for new lots, 10% of the lot price must be paid at the time of signing of the equity lease and the remainder of the lot price shall be in equal annual payments, over a period not to exceed 12 years from the commencement date of the equity lease agreement c. Annual lease rates thereafter shall be One Dollar ($1.00) d. Where any portion of the rental is unpaid for more than 30 days, a late payment fee of 1.5% per month shall be charged e. If the lease is surrendered, all rental paid by the lessee shall be refunded except for the amount equal to 3% of the lot price per annum. 1 ~~ -.- ..." 2. Conversions of Existing Leases to Equity Leases a. Council shall allow the conversion of standard lease to equity leases b. The lot price shall be determined by the replacement cost and may be adjusted by: i. Applying a discount factor of 3% per year (being the inflation factor) back to the year the lot was constructed; ii. Applying site-specific factors; and iii. Deducting all previous payments made. c. No interest shall be charged for any existing lease which is converted to an equity lease d. The initial payment of 7% of the lot price will be made at the ' time of signing and the remaining 93% of the lot price shall be made in equal annual payments over a period not to exceed 12 years from the commencement date of the equity lease agreement, after which annual payment for the lease shall be One Dollar ($1.00) per year. e. Notwithstanding (d) above, payment of the balance of the lot price may be made at any time. 2. By-law 70, containing the Land Administration By-law is hereby amended. 3. This By-law shall come into effect on the date of its third reading. -I~ READ a first time this -13-- day of #//1~c;l' ,2002 A.D. ~d 6:::: M ~~~~~~: 4'~~::=~ ~~~;~~~::,t~~~~~~ = S . Ad .. t t. Off. ayor enlor minis ra Ive Icer After due notice and public hearing, READ a second time this -~~ day of /J?/fl -' 2002 A.D. ~~~~~:2:~~~~:_--:~::~ ==-' M -4---r-~~6~;~~:~~ = S . Ad .~ ~t~~~~~:::::~"'~~"'- t t. Off ' ayor en lor miniS ra Ive Icer AP~9.~ED by the Mi~ister of Community and Government ~ervices this Z-S~"aay !\1"tJvb711!2b'12-- , 2004. A.D. .u:L,; Minister of Community and Government Services ~# Read a third time and finally passed this /~ day of NC4/t11J«, 2004 A.D. /_v ---;;;> ~~~~~~::~::::::i~:~;:~.~~~ - ~~~~"~~=~ ?~- Senior Administrative Officer 2 . 1 I' . ~ .: .1 HAMLET OF CAPE DORSET, NT. ~ BY-LAW NUMBER 70 .'--- ..' -;- ° ;~ __°, A By-Law of the Municipal Corporation of the Hamlet of Cape Dorset in the Northwest Territories to provide for the administration of Municipal lands, pursuant to the Hamlets Act, R.S.N.W.T., 1988, c. H-1, s. 132.2 AS the Council of the Municipal Corporation of the Hamlet of Cape Dorset deems it to be desirable to establish a uniform process for the disposal of real property owned, leased or otherwise held by the Hamlet; NOW. THEREFORE, THE MUNICIPAL CORPORATION OF THE HAMLET OF CAPE DORSET, at a duly assembled meeting, enacts as follows: . SHORT TITLE . .This By-Law may' be cited as the "Land Administration By-Law". INTERPRETATION 2. In this By-Law: I(~-;-~" a) "Council" Means the Council of the Municipal Corporation of the Hamlet of Cape Dorset: ,- --"i' .°-.'1 / ..' b) "development cost" means the costs directly incurred by the Municipality in developing land, including, but not limited to, the costs of: (1) planning and engineering design I (2) project management; (3) road construction; (4) land fill; (5) open spaces; (6) piped water and sewer lines; (7) electrical distribution lines (and poles); (8) legal surveys; (9) land acquisitions and disposal costs; . (10) financing charges, including interest, for any loans incurred in developing the land; c) "disposal of land" means the lease, or other disposition of land d) "Equity Lease" means a lease for which all annual lease payments are credited against the total lot price until such time as the lot price is paid in full. ,,"~1 e)" Land" means real property owned, leased or otherwise held or acquire by the ..., Municipality: f) "Lot" means a parcel of land, for which development costs have been incurred and which has been duly described or surveyed for the purpose of acquisition, lease or other disposition; g) "Lot Price" Means the valuation of a lot; ~j\ h) "Market Value" means the :~lue of a parce~ of land based on the a~ount a willing ~uyer would .:i pay to a wIllIng seller. This value shall be determined by a professIonally j qualified land appraiser or by public tender or auction; .I)" Minister" means the Minister o~ Municipal And Community Affairs; . . 2 j) "Municipality" means the Municipal Corporation of the Hamlet of Cape Dorset, which is represented by the Senior Administrative Officer or his or her designate, except ~ when decisions of council are required; ~, '.- " , ~,~i- k) "new lots" means vacant lots which are developed after the date of this By-Law; I) "off site levy" means a surcharge made (at the time 0/ lease execution) by the Municipality to the lessee of municipal lands to assist in the payment of all or part of the capital costs of new or expanded infrastructure, including land, such infrastructure being located outside the la~ds being leased, but of direct, though not exclusive, benefit to the lessee; m) "replacement cost" means the estimated development costs for a parcel of land, updated to .the current year, representing the costs to develop a similar lot and incorporation of any site-specific factors; n) "Site-Specific/actors" means factors which may be used, where applicable, in adding or . subtracting up to twenty five (25%) percent of the development costs of new lots or the replacement cost for existing developed lots, and which may be composed of: (1) size of land parcel; (2) site conditions; (3) desirability of location; /'-"', (4) adjacent land use; and (:::,-'1 (5) proposed land use; .~,: ,'. '" and the addition of site specific factors for new lots shall not exceed development cost for the entire subdivision. I APPLICATION OF THE BY-LAW 3. This By-Law shall, except as otherwise expressly authorized by the Minister, apply to all acquisitions, leases or other dispositions of lands by the Municipality. PRECONDITION TO ACQUISITION AND DISPOSAI-- OF LANDS " .Land speculation will be discouraged. 5. Neither the Municipality nor any authorized representative of the Municipality shall make or enter into any offer, agreement or other arrangement for the purchase, lease or other disposition of lands except by By-Law in the form of Appendix "A" and Appendix "B" attached hereto, and each such By-Law shall : contain: .;~ a) a complete legal description of the lands to be acquired, leased or otherwise disposed of; ..'. , " - -'-- b) the minimum consideration to be paid for the acquisition, lease or other disposition of the lands; c) the terms and conditions, if any, upon which the lands shall be acquired, leased or otherwise disposed of. . 6. No By-Law for the acquisition, lease or oth'er disposition of land, shall be passed pursuant to Sections .. 132.2(4) or 132.(5) of the Hamlets Act, until: . r:'~ a) it has been established through a search at the appropriate Land Registry Office, that the I -1 , Municipality may lawfully acquire, lease or,othefwise dispose of the land; , b) an inspection of the land has'been conducted to determine: .(1) if the lands are occupied; .., . . I 3 (2) if there are any improvements situate on the lands; (3) if there are any easements affecting the lands; and, ~ r" i, (4) such other information as Council may, in its discretion, consider to be relevant; c) the Senior Administrative Officer has advised Council as to the value of the lands and any improvements situate thereon and that the proposed use of the lands shall comply with the Zoning By-Law or Land Use Plan in effect in the Municipality. . ADVERTISING OF LAND FOR DISPOSAL 7. a) Subject to Subsection 7(c), the Municipality shall not lea~e or otherwise dispose of lands until it has published a notice of such proposed lease or other disposition: (1) by advertisement for two consecutive weeks in a newspaper having weekly circulation in the .Municipality; or, (2) by notice posted in three prominent places in the Municipality for a period of two weeks. b) Each advertisement or notice shall contain: (1) a sketch, drawn to scale, identifying the size and location of the lands to be leased or otherwise /'!"" disposed of; , ." ;-'.;-:,';i (2) the minimum consideration for which the lands will be leased or otherwise disposed of; ;: (3) an indication as to the method to be employed in leasing or otherwise disposing of lands; and (4) an indication as to where and when applicants may obtain application forms. c) Subsections 7(a) and 7(b) shall not apply to: I (1) Lands required by the Federal or Territorial Government; (2) lands which can only be of use to an adjoining owner/lessee; (3) additional adjacent lands required for expansion of an owner's/lessee's existing or proposed development. 8. The municipality shall re-advertise for lease or other disposition of land for which: a) an application has been made but withdrawn by the applicant after acceptance by the Municipality; .b) a lease has been granted but terminated prior to the construction of any improvements on the land; or c) re-zoning has taken place and the land remains untenured. APPL I CA TI 0 NS FORLAND n. the Municipality shall only accept a written application for land in the form of Appendix IIC ". This form ." } shall contain, but not be limited to: a) the legal name of the applicant or appucants; b) the legal description of the land; c) the purpose for which the land is to be used; d) a request, if applicable, for joint tenan~y or tenancy-in-common; ~, , ". ; " e) the signature of the applicant or applicants; and f) an application fee. .g~ declaration of residency, if required. .. , . '0 ..4 10. The Municipality shall keep a ledger of al,! tands containing: : ~) a full legal description of the la~ds;" .., I /-. . -' " l -OJ b) the location of the lands within the Municipality; c) a valuation of the lands for purpose of lease or other disposition; d) the terms and conditions upon which the lands may be leased or otherwise disposed of; and e) an indication of whether the lands have been leased or otherwise disposed of, or whether there is a pending lease or other disposition of the land. 11. The ledger kept pursuant to Section 9 of this By-Law shall be open to inspection by the public at the Municipal office during normal business hours. ~_ERMS AND. CONDITIONS OF LAND DISPOSALS ':y, 0' 12. " . ,itj The standard term of all lease documents shall be: ': -30 years for residential land use; -50 years for commercial land use (:~.. b) The term of leases r~ferred to in Section 12 a) may be varied at Council's discretion based on the o.:~ nature and value of Improvements to be constructed. c) The term of all other leases will be at Council's discretion. 13. The Municipality, in the leasing or otherwise disposing of new lots for residential purposes, shall ensure that prospective private home owners have preference over buyers who wish to acquire more than one lot at a time, except when lots are required by: a) the Federal or Territorial Government; b) the Northwest Territories Housing Corporation or their clients; or c) t~ Canada Mortgage and Housing Corporation. ..Every disposal of land shall be in writing. ,. 15. The Municipality, in leasing or otherwise disposing of new lots, shall require that commencement of construction must begin within twelve (12) months of the effective date of the lease and improvements must be completed within twenty-four (24) months of the date of the agreement. The Municipality may cancel a lease for failure to complete construction of the building or other improvements within the time required. Subject to Section 16, if construction is not completed within twenty-four (24) months, the ,:.'?~! land may revert back to the Municipality. ,: '..: 16. The Municipality may allow a maximum extension of twelve (12) months to either term outlined in Section 15. The following may be required prior to consideration by Council: a) ,written explanation for the delay in const~ction; and . b) written plan to complete construction w~thin the extension period; c) proof of approved financing; '-", !. :,, d) development permit applications e) that there be no outstanding debts to the Municipality. ' _7. The Municipality shall not lease or othe~ise dispose of new lots by auction. . . .. '.; ~ , " , .; 5 : I 18. The Municipality shall lease land by one or a combination of the following means: a) ballot draw; I "".,. I ~;" b) Development Proposal Call, as set out in Section 21; c) First-come-first-served basis; and that Council shall decide, at its discretion, as to which means will be employed to lease land. ., 19. Prior to disposing of land through means of a Ballot Draw, Council shall, by resolution, establish guidelines for such a process. 20. The Municipality shall, ~hen disposing of land through means of a Ballot Draw, give preference to prospective lessees by sorting ballots into the following categories: Category One -first time homeowners residing in the Municipality for more than Five (5) years. .Cat~gory Two -persons residing in the Municipality for more than Two (2) years. ~ , " Category Three -all others. . 21. The Municipality shall decide whether, and under what circumstances, formal development proposals or bids will be asked from prospective lessees and may use the proposal call tender system outlined in -:~.. Appendix "D". c~ ',-:'j PRICING OF NEW LOTS 22. The lot price for any new lots shall be determined by development cost including any allowance for Site Specific Factors. I 23. The Municipality shall recover development costs in the vali;1ation of lands for disposal, subject to Section 24. 24. The Municipality may, when it is unable to lease or otherWise dispose of a lot, reduce the price of the lot below its development cost; . a) when the lot has not been developed through financing from the Government of the Northwest Territories or a financial institution; or b) when the lot has been developed through financing from the Government of the Northwest Territories or a financial institution and the reduced land valuation is approved by the Minister. PRICING OF EXISTING LOTS /~". (. -.J '25. The Municipality, in leasing existing developed lands shall determine lot price by either of the following: a) replacement cost; or b) the market value as determined by: (1) a qualified land appraiser or assessor; or ~: (2) a calling for bids, (by public tender or auction) in which the advertised minimum price is not less than the replacement cost. .. _EASE RATES 26. Lease rates: , .. . , \ . 6 a) The annual lease rental shall be as follows: , (1) Residential: Five Percent (5%) of lot price per annum ,:".';. (2) Commercial: Six Percent (6%) of lot price per annum I" (3) Industrial: Seven Percent (7%) of lot price per annum (4) other land uses: as decided by Council b) Council may vary the lease rate for dispositions of land to non-profit organisations. 27. The Municipality may permit leases to accuI!1ulate value, through the issuance of equity leases, at terms and conditions to be approved by Council. OFF SITE LEVIES . 28. When disposing of land the Municipality may levy a surcharge to a lessee of lands to help pay for all or part of the Municipality's capital cost for all or any of the following: .a) new or expanded facilities for the storage, transmission, treatment, or supply of water; b) new or expanded facilities for the treatment, movement or disposal of sewage: c) new or expanded storm sewer drainage facilities; ,'--", d) new or expanded roadways and sidewalks; and ., e) land required for, or in connection with, any of the facilities described in Section 28 a), b), c), and d). 29. The Municipality shall not include, as part of any Off Site Levy, any costs paid for by grants or contributions received from the Government of the Northwest Territories. I 30. The Municipality shall clearly identify to the public that any Off Site Levy is a separate surcharge above the lot price, which is collected together with the lot price. 31. The Municipality~hall open and maintain a separate financial account to place all Off Site Levy revenues in that account, to be used for the purposes set out in Section 28. 32. The Municipality shall open and maintain a separate financial account in which all revenue obtained, from the leasing or otherwise disposing of lands, will be placed. 33. The Municipality shall, in regards to the account identified in Section 32; a) establish clear procedures for the management and operation of the account; :.,~'.- b) use all expenditures from the account for the sole purpose of acquiring and/or developing land by the Municipality, unless written approval by the Minister is obtained for other types of expenditures; PRIVATE SECTOR DEVELOPMENT OF IJANDS 34. The Municipality shall encourage the utilization of the private sector in the development of lands only if: a) the Municipality has prepared a cost estimate of the project as if it were to develop the land; and ,.- b) the private sector can develop the land such that the lot price is the same as. or less than. the Municipality would charge under its estimate in Section 34 a). .If in the opinion of Municipality, the private sector can develop the lands in a cost effective manner as outlined in Section 34, the Municipality shall call for proposals. . ..' 7 36. The Municipality, in disposing of vacant lands to a private developer, shall: a) do so by the way of a lease to which a subdivision agreement may be attached; , i~~ I :,~ b) require the developer to establish a land disposal procedure that is consistent with this By-Law; c) require the developer provide a list of the lot prices of the lots to be developed; d) specify, in the lease, the standards to which the land must be developed; and e) specify, in the lease, that in cases for non-performance with regard to Section 36(a), 36(b) or 36(c) above the lease will be cancelled. . EASEMENTS 37. The Municipality may, in the public interest, establish easements through, under or over any portion of . the land for any public utility purpose, but the said easement shall not interfere with the rights, granted to the lessee or any improvements made by the lessee on the lands. LEASE ASSIGNMENTS (TRANSFERS) 38. Assignments may be granted subject to the following: (~} a) Annual lease rental owing to the Municipality must be paid in full: b) any taxes owing to the Government of the Northwest Territories must be paid in full; c) proof of ownership of improvements; I d) satisfactory completion of improvements. I...EASE SURRENDERS 39. Surrenders may be granted subject to the following: a) annual lease rental owing to the Municipality must be paid in full; .b) any taxes owing to the Government of the Northwest Territories must be paid in full; c) the lessee must remove all improvements from the land and return the lot in a state satisfactory to the Municipality; d) the lessee must deliver up to the Municipality the duplicate leasehold title where one exists. "",,,,-, ,I'- . -r CANCELLATION OF I-,EASE 40. If the Municipality cancels a lease due to non-compliance with any terms and conditions of a lease: a) where there is a debt owed to the Municipality, the Municipality, may seek an order to retain the right to any improvements upon the leased lands; b) where there is no debt owing to the Municipality, the lessee shall remove any improvements and . I".~ restore the site within 90 days, failing which the Municipality may seek an order allowing for the .., removal of the improvements and; c) where the duplicate leasehold title for the lands has not been surrendered in accordance with the .Land Titles Act, the Municipality shall seek an order cancelling the leasehold title.~ ." 8 I QUARRIES ~ ' :' . .1. a) The Municipality may issue Quarry Permits for the temporary use of a quarry site. application for a Quarry Permit shall be in the form of Appendix "E ". b) Quarry fees are established by Appendix "E" and may be amended or exempted by Council resolution: . c) Fees established under Section 41 (b) shall reflect the cost of development, operation, maintenance, administration and restoration of quarries; . . d) All quarry fees shall be placed in a separate financial account. f1.AND USE PERMITS " I 42. a) The Municipality may issue Land Use Permits, for the temporary use of land. .b) The temporary land uses for which a permit is required are set out in Appendix "F". ~ c) Application for a Land Use Permit shall be in the form of Appendix "a n. f~,~'.; d) Any environmental impacts of the proposed use must be addressed by the applicant to the satisfaction of the Municipality prior to the issuance of a permit. BY-LAW ADMINISTRATION I 43. Council may by resolution adopt ~tandard forms of agreement for the administration of land and the Municipality may make minor changes not affecting the intent of these forms of agreement as may be necessary for such administration. 44. The following appendices shall form part of this By-Law: APPENDIX "A " Land Acquisition By-Law .APPENDIX "B" Land Disposal By-Law (Lease) APPENDIX "c" Land Application Form APPENDIX "D " Guidelines for Proposal Calls APPENDIX "E" Quarry Application Form APPENDIX uF" Land Use Operations APPENDIX "a" Application for Land Use Permit 1:~5. Minor changes to the Appendices of this By-Law can be made by Council, without amending this .. '~ :.) By-Law provided the changes to the Appendices do not alter the intent of this By-Law. ,"""".., ; .-:-:. '" .'~:: ~ '. 9 : I .,.-', f' : ' . . . . Read a first time this ~~!!'day of fJ f I' i L t 19 ~. ~ .l~~~~~~~~ S~m~ ~:::;> <-<:= -"...1 ~ -::::::. (-c,:;, ..'" . ifi4 ~::~Hayor Senior Adml ratlve OffIcer Read a second time this _.;2I{!!!day of tYlit-j , 19~~. I ;:~~2l~1~:::=- .-S~~ ~ r'~~ Mayor Senior Administrative Officer APPROVED by the Minister of the Municipal and Community Affairs \ . ~ NISTER MUNICIP AL AND COMMUNITY AFFAIRS ~,f :ead a third time and finally passed this ~ day Of_{1~&t -' 19 ~. '£~(1 --:$. .2.""C'-(,) Mayor I Senior Administrative Officer .r ,..,--. .. ,- .'. .. f .. .. ... . I ' , \ \ , ..10 APPENDIX "A" " ("~': HAMLET OF CAPE DORSET, NT " .: BY-LAW NUMBER A By-Law of the Municipal Corporation of the Hamlet of Cape Dorset in the Northwest Territories to acquire real property, pursuant to the provisions of the Hamlets Act, R.S.N.W.T., 1988 c. H-1, &.132.2 AS the Council of the Hamlet of Cape Dorset deems it to be in the public interest to acquire the land described hereunder; NOW, THEREFORE, THE COUNCIL OF THE HAMLET OF CAPE DORSET, at a duly assembled meeting, enacts as follows; 1, that the Mayor and, the Senior Administrative Officer are hereby authorized on behalf of the Hamlet of .Cape Dorset to purchase from the Commissioner of the Northwest Territories for the sum of Dollars ($ ) the land described below: Lot ( ) in the Hamlet of Cape Dorset in the Northwest Territories according to plan of survey filed in the Land Titles Office for the Northwest Territories under number ( ) @ That the said land shall be acquired for municipal purposes. :,;- ,:' I READ a first time this day of ,19_, Mayor Senior Administrative Officer . READ a second time this day of .19_, -:-, . (:;l;yor Senior Administrative Officer READ a third time and finally passed this --!-day of .19_, ;---, . -Aayor .Senior Administrative Officer . . 11 APPENDIX "B" I (~-:'i HAMLET OF CAPE DORSET, NT .~; BY-LAW NUMBER- A By-Law of the Municipal Corporation of the Hamlet of Cape Dorset in the Northwest Territories to dispose of real property, pursuant to the Hamlets act, R.S.N.W.T., 1988 c. H-1, s. 132.2 . WHEREAS, the Council of the Hamlet of Cape Dorset deems it to be in the public interest to dispose of the land described hereunder; NOW, THEREFORE, THE COUNCIL OF THE HAMLET OF CAPE DORSET, at a duiy assembled meeting, enacts as follows: . . .t ..That the whole of Lot ( ) in the Hamlet of Cape Dorset in the Northwest Territories according to a plan of survey filed in the Land Titles Office for the Northwest Territories under number ( ) , which is owned by the Hamlet under Certificate of Title number ( ) , be leased. 2. The Mayor and the Senior Administrative Officer are hereby authorized on behalf of the Hamlet of Cape Dorset to execute a lease agreement for those lots described in "Schedule A", attached to and fonning Co, part of this By-Law. ~ 'i , I READ a first time this day of, 19_. I f . Mayor Senior Administrative Officer 8aEAD a second time this day of , 19_. ~ t C" ! '~ayor Senior Administrative Officer READ a third time and finally passed this _day of , 19_. ~ L~"if; ~Mayor ., Senior Administrative Officer ,I' r:.; c'c ~I. iI 12 APPENDIX "c" APPLICATION FOR LAND IN THE HAMLET OF CAPE DORSET .:.ART 1 1. Mr. Mrs. Ms. Miss Age 19+ Yes_No- (CIRCLE ONE) (SURNAME) (FIRST NAME) (INITIAL) ADDRESS: (APPLICANTS FULL MAILING ADDRESS INCLUDING COMMUNITY NAME AND POSTAL CODE) HOMEPHONE#. WORK # OCCUPATION: EMPLOYED BY: . . . Mr. Ms. Mrs. Miss,' (CIRCLE ONE) (SURNAME) (FIRST NAME) (INITIAL) OCCUPATION: EMPLOYED BY: Mr. Ms. Mrs. Miss (NAME OF CONTACT PERSON -IF APPLICANT IS BUSINESS OR OTHER THAN APPLICANT) .<::-"'~ ~ ;.~ ADDRESS: .(FULL MAILING ADDRESS IF DIFFERENT TIIAN APPLICANT'S) 2. THE UNDERSIGNED HEREBY MAKE APPLICATION TO LEASE THE LAND DESCRIBED AS FOLLOWS: I (If the land you are applying for is surveyed, list its lot number, block or group number and LTO number as shown on the Lands Map. If the land you are applying for is unsurveyed, list its proposed lot number and the names of the development area or describe the dimensions, size and location of the land and attach a copy of a portion of the respective lands map showing the location of the outlined in red.) If there is more than one applicant: DO YOU WISH: JOINT TENANCY -' or TENANTS IN COMMON- .THE LAND WILL BE USED FOR: RESIDENTIAL_, COMMERCIAL_, INDUSTRIAL_, or OTHER if "OTHER ", please specify 4. ARE THERE ANY BillLDINGS OR IMPROVEMENTS ON THE LAND NOW? YES- NO- IF YES, WILL THESE IMPROVEMENTS BE REMOVED? YES- NO- ",--;:. EXISTING IMPROVEMENTS HAVE A VALUE OF $!; , AND ARE DESCRIBED ..) AS FOLLOWS: NAME OF OWNER OF EXISTING IMPROVEMENTS: -- (If EX/STING IMPROVEMENTS ARE TO REMAIN ON THE LAND YOU ARE APPLYING FOR PLEASE ATTACH PROOF OF OWNERSHIP) 5. THE UNDERSIGNED AGREE TO CONSTRUCT THE FOLLOWING IMPROVEMENTS: ~. THE ESTIMATED VALUE OF THESE IMPROVEMENTS IS $ AND WILL REQUIRE .APPROXIMATELY tviONTHS TO COMPLETE. I 13 APPLICATION FORM PAGE TWO r'" THE UNDERSIGNED UNDERSTAND THAT FAILURE TO COMPLY WITH ANY TERMS AND .., 'r! CONDITIONS OF THE LEASE (OR AGREEMENT FOR SALE) WILL BE GROUNDS FOR CANCELLATION OF THE SAID INSTRUMENT. 7. THE UNDERSIGNED CERTIFY THAT I/WE HAVE READ AND UNDERSTOOD THE TERMS AND . CONDITIONS LISTED ON THIS FORM AND AM IN COMPLETE AGREEMENT WITH THEM. 8. THE UNDERSIGNED CERTIFY THAT THE INFORMATION I/WE HAVE GIVEN IN THIS APPLICATION IS TRUE AND CORRECT. 9. THE CONSTRUCTION OF BUILDINGS AND IMPROVEMENTS MUST CONFORM TO LOCAL BY -LAW AND BUILDING ST ANMRDS. 10. IF THERE ARE BUILDINGS AND/OR OTHER IMPROVEMENTS PROPOSED BY THE APPLICANTS, HE MUST, ON HIS OWN RESPONSIBILITY, SUBMIT TO THE TERRITORIAL FIRE MARSHALL'S OFFICE . A PLOT PLAN SH,OWING LOCATION OF ALL PRESENT AND PROPOSED BUILDINGS AND IMPROVEMENTS CONCERNING THE SAID LAND, AND ALSO SUCH DRAWINGS AND SPECIFICATIONS AS WILL INDICATE ACCURA TEL Y TO SCALE ALL FLOOR PLANS, HEATING AND FIRE SAFETY SYSTEMS AND THE MATERIALS TO BE USED IN CONSTRUCTION. IT WILL ALSO BE THE APPLICANT'S RESPONSIBILITY TO FURNISH THE SAME INFORMATION TO THE LOCAL COUNCIL, OR PUBLIC HEALTH AUTHORITIES IF DEEMED NECESSARY BY THEM ON WmCH TO BASE THEIR RECOMMENDATION. f~..l. THIS APPLICATION WILL NOT BE CONSIDERED UNLESS ACCOMPANIED BY A DEPOSIT OF ,." . , -.- ; ; ,j! ($ ) AND PLOT PLAN OF PROPOSED IMPROVEMENTS. 12. THE SUBMISSION OF THIS APPLICATION AND PAYMENT OF THE ($ ) DEPOSIT DO NOT IN THEMSELVES CONVEY ANY RIGHT TO LAND. 13. IF THIS APPLICATION IS REFUSED THE DEPOSIT WILL BE REFUNDED. IF A LEASE OR AGREEMENT IS APPROVED BUT NOT EXECUTED BY THE APPLICANT, THE DEPOSIT IS FORFEITED; IF EXECUTED, THE FULL AMOUNT OF THE DEPOSIT GOES TOWARD THE FIRST PAYMENT, THE REMAINDER, IF ANY, TO BE PAID WHEN THE DOCUMENT IS EXECUTED. 14. ALL RIGHTS TO MUNICIPAL LAND EXCLUDE THE FOLLOWING: A) ALL MINES AND ALL MINERALS WHETHER SOLID, LIQUID OR GASEOUS WHICH MAY BE . FOUND TO EXIST WITHIN, UPON, OR UNDER THE LAND TOGETHER WITH THE FULL POWERS TO WORK THE SAME AND FOR THAT PURPOSE TO ENTER UPON, USE AND OCCUpy THE LAND OR SO MUCH THEREOF AND TO SUCH AN EXTENT AS MAY BE NECESSARY FOR THE EFFECTUAL WORKING AND EXTRACTING OF THE SAID MATERIALS; B) THE RIGHTS OF THE RECORDED HOLDERS OF MINERAL CLAIMS AND ANY OTHER CLAIMS OR PERMITS AFFECTING THE LAND ,.,-.". ," ~~ C) THE RIGHT TO ENTER UPON, WORK AND REMOVE ANY ROCK OUTCROP REQUIRED FOR PUBLIC PURPOSES; D) SUCH RIGHT OR RIGHTS OF WAY AND OF ENTRY AS MAYBE REQUIRED UNDER THE REGULATION IN FORCE IN CONNECTION WITH CONSTRUCTION, MAINTENANCE AND USE OF WORKS FOR CONVEYANCE OF WATER FOR USE IN MINING OPERATIONS; AND .' E) THE RIGHT TO ENTER UPON THE LAND FOR THE PURPOSE OF INSTALLING MAINTAINING ANY PUBLIC UTILITY. . I-.SIGNATURE OF APPUCANT DATE '. SIGNATURE OF CO-APPliCANT DATE I. .. .. 14 APPENDIX "D" . r:~" GUIDELINES FOR PROPOSAL CALLS PROPOSAL CALLI TENDER SYSTEM This system is usually employed for lease, or other disposition of commercial and industrial lots and takes the following form: . A set price is established for such lots and applicants submit with their application a proposal which sets out the types of improvements that the applicant proposes to construct or make on the lots and an indication as to the type of business, industry or undertaking which the applicant proposes to conduct on the lots, The successful applicant is usually determined by the Municipality on the basis of the best proposal submitted. 8!he ~~ver.tisement printe'd. i? co~nection with the Prop.osal Call should include, in addition to those items Identified m the Land Admmlstratlon By-Law, the followIng: a) the last date and time for the submission of applications; (j;) b) the time, date and place at which the Municipality will announce the successful application; '. c) the criteria to be employed by the Municipality in selection the successful application: I d) a request for documents or information which will be required by the Municipality in support of application (estimated costs of construction, drawings, specifications, etc.) e) a request for any deposit that is required; f) the terms and conditions of the Lease which the successful applicant will be required to enter into; 8 g) building standards which must be employed in the construction of improvements; and h) the amounts of any bonds that the successful applicant may be required to pay the Municipality to guarantee the completion of the construction of improvements. r:; \ , " r, i " . 'i 8 . . DD"~'V ..n.. I' .. 14 APPENDIX "D" , ~ ~ (' GUIDELINES FOR PROPOSAL CALLS PROPOSAL CALLI TENDER SYSTEM This system is usually employed for lease, or other disposition of commercial and industrial lots and takes the following form: . A set price is established for such lots and applicants submit with their application a proposal which sets out the types of improvements that the applicant proposes to construct or make on the lots and an indication as to the type of business, industry or undertaking which the applicant proposes to conduct on the lots, The successful applicant is usually determined by the Municipality on the basis of the best proposal submitted. .The advertisement print~d in connection with the Proposal Call should include, in addition to those items identified in the Land Administration By-Law, the following: a) the last date and time for the submission of applications; C,~,j b) the time, date and place at which the Municipality will announce the successful application; c) the criteria to be employed by the Municipality in selection the successful application: I d) a request for documents or information which will be required by the Municipality in support of application (estimated costs of construction, drawings, specifications, etc.) e) a request for any deposit that is required; f) the terms and conditions of the Lease which the successful applicant will be required to enter into;. g) building standards which must be employed in the construction of improvements; and h) the amounts of any bonds that the successful applicant may be required to pay the Municipality to guarantee the completion of the construction of improvements. ~". : 'i ! , ," " , i . .. .. I 15 APPENDIX "E" " --~ f ' .. APPLICATION FOR A QUARRY PERMIT 1. .NAME IN FULL: (first) (last) , 2. ADDRESS: . 3. OCCUPATION: . ..does hereby apply for a quarry permit for the purposes of taking cubic metres of " from the lands indicated on a sketch or described as follows: (type of material) " (;~. , ;:.~ be used for (details of project, location, etc.) I 5. Method used to transport quarry material 6. Are you using a subcontractor to quarry the material for you? YES NO .If yes, please indicate the name and address of the subcontractor. ~7. Permit fee: Flat rate: $ 50.00 (1.::"1 Royalties: 25~ per cubic/metre: $ Restoration fee: 50~ per cubic/metre $ Road Maintenance fee: 25ft per cubic/metre: $ Quarry Administration fee: 50~ per cubic/metre: $ TOTAL FEES DUE: $ ~., ; ! . I ...'. .Date: Signature of Applicant: .. 16 APPENDIX "F" r:~ LAND USE OPERATIONS Operations for which a land use permit is required include: a) The use of any form of explosive.. ~ j b) The use, except on public roads or trails maintained wholly or in part by public funds, of any vehicle that exceeds 4500 KOs. (1000 lbs.) net vehicle weight, o,r the use of any vehicle of any weight that exerts pressure on t~ ground in excess of 35 Kpa (5 lbs. per square inch). c) The use of any self propelled power driven machine for moving earth or clearing land. <&c/uding quarrying) .d) The use of any power driven machinery for earth drilling purposes, the operating weight of which exceeds 450 KOs (1000 lbs.). e) The establishment of any campsite that is to be used in excess of 50 man days. f) The levelling, grading, clearing or cutting of any line trail or right-of way exceeding two metres in ~ width (6 feet). . g) The establishment of any petroleum cache in excess of 1300 litres (300 gallons). h) Any other use where the municipality deems it necessary. I .~ ~ ('-~"~~ -:' ~! , I. , 'M ~ I~ 17 APPENDIX "G" , r~ APPLICATION FOR LAND USE PERMIT " :.1~':'~ 1. APPLICANT: 2. ADDRESS: .Postal code 3. ADDRESS OF HEAD OFFICE: . 4. LOCATION AND DESCRIPTION OF OPERATION: . . a) Attach a description and proposed techniques b) Attach map and sketch of area (3\ 5. EQUIPMENT: . ...;;) (type, size and purpose) 6. FUEL: I a) type, volume, method of storage containment. b) Method of emptying and filling containers. 7. METHOD OF WASTE DISPOSAL: a) Arrangements planned for disposal of garbage, sanitary waste and debris 8. CONTRACTORS AND FUNCTIONS: . 9. TIME SCHEDULE: a) Start: b) Completion: ~ 10. NAME AND ADDRESS OF FIELD SUPERVISOR: 11. NUMBER OF EMPLOYEES: 12. AREA USED: (Hectares) Q " Signature Title Date .