The Corporation of the Municipality of Shuniah

Transcription

1 The Corporation of the Municipality of Shuniah BY-LAW NO. ).~8~- I~ MU NICIPALITY OF SHUN la I-I...,1,,,1. L_,...,.,, Being a by-law replace current policies and to adopt policies and procedural requirements for the closure and disposition of those shoreline road allowances and application for same. Recitals a) s. 270 of the Municipal Act, 2001, as amended, requires municipalities to have policies in place for the sale or disposition of its lands and for notice of same. b) It is advisable and expedient to adopt a new policy for the sale or disposition of shoreline road allowances pursuant to section 270 of the Municipal Act, 2001, as amended. c) s of the Municipal Act, 2001, as amended, permits Council for the Municipality of Shuniah to delegate non-legislative and non-discretionary matters to administration. d) It is advisable and expedient to delegate to administration the initial review of Applications to purchase shoreline road allowances within the Municipality of Shuniah. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF SHUNIAH ENACTS AS FOLLOWS: 1. The Policy for the Disposition of Shoreline Road Allowances attached to this by-law as Schedule "A" is hereby adopted. 2. That the application form to request to purchase a portion of the Shoreline Road Allowance, attached to this by-law as Schedule "B", is hereby adopted. 3. That all Applications to purchase a shoreline road allowance will be made in the form attached hereto as Schedule "8", and will be accompanied by the required documents and applicable administrative fee. ' That all Applications to purchase a shoreline road allowance will first be reviewed by administration to determine completeness of the Application for consideration by Council. 5. That all complete Applications forwarded to Council by administration will be reviewed by Council as it relates to the Policy for the Disposition of Shoreline Road Allowances attached hereto as Schedule "B", and the particular circumstances relating to the Application. 6. That notwithstanding a complete Application, nothing shall bind the discretion of Council to retain any shoreline road allowance or portion thereof, or to dispose of it on such terms and conditions as may be fixed by Council and reasonable in the circumstances. 7. That an Easement as set out under Schedule "C" shall be registered on title in tandem with the sale and transfer of a shoreline being purchased.

2 ~~~~-tv 8. That Schedules "A", "8" and "C" are an integral part of this by-law. 9. ~ u{-\ READ A THIRD TIME AND FINALLY PASSED THIS V DAY OF.-

3 ).. Wf -I~ PURPOSE Policy for the Disposition of Shoreline Road Allowances This Policy is being established as a directive for the Municipality of Shuniah, its Council, administrative staff and the public regarding the review of Applications to purchase shoreline road allowances that are abutting privately owned property. POLICY STATEMENT This Policy does not have retrospective effect on past purchases of shoreline road allowances, or complete Applications to purchase shoreline road allowances submitted prior to the passage of By-law No. 2-'88'1-'k. The Council of the Municipality of Shuniah, as elected officials are accountable to the citizens for their legislative decision making and delegation of administrative functions. This Policy will establish the process to assess the matters to be considered in reviewing Applications to purchase shoreline road allowances. REQUIREMENTS and CONSIDERATIONS 1. Administration: 1.1. Each sale of a shoreline road allowance will require an independent and separate by-law to declare the property surplus to municipal and other public needs, to close the shoreline road allowance as a public highway, if required, to deem the Applicant's abutting lands not to be part of a registered plan of subdivision for the purposes of s. 50(3) of the Planning Act, and to authorize its sale to the abutting property owner(s), subject to any reasonable conditions imposed by Council, in its sole discretion Shoreline road allowances will only be sold to the owner(s) of the dry upland parcel of land that directly abuts the shoreline road allowance. Generally this shall mean the lot whose front lot line runs parallel to the water All Applications to purchase a shoreline road allowance shall be made in the form attached as Schedule "B" to By-law 1.4. All Applications must be accompanied by the required documents and administrative fee or it will not be processed by administrative staff or Council. Should an Application be incomplete, administrative staff will notify the Applicant of same The application must be accompanied by proof of ownership of the Applicant's abutting lands, in the form of a deed or transfer document The Applicant must provide a sketch of the property and the abutting shoreline road allowance to be purchased along with the Application. The sketch should clearly depict the shoreline road allowance to be purchased, the lot lines of the Applicant's property, the location of all buildings, structures, fences, filled areas, Schedule "8" -Application to Purchase Shoreline Road Allowance Page 1 ---

4 ~ ~gq -( y docks, easements, any registered or unregistered rights of way, and any septic systems, drainage locations and water sources in the vicinity. Any planned buildings or renovations should be also indicated. All dimensions of items on the sketch should be reasonably accurate The Applicant must submit the sketch with the neighbouring property owner's signature denoting agreement to the line as drawn unless they have purchased the shoreline evidenced by a Reference Plan denoting same The Clerk will send a Registered Letter to any abutting owner who has not provided a signature in agreement to the lines as shown on the sketch. The letter will request comments and reasons for the absence of their signature and a date in which to respond. In the event a Registered Letter is required an additional $25.00 for each letter will be charged to the applicant to cover the cost The frontage of the shoreline road allowance must be clearly shown in metres on the registered reference plan. The Applicant shall pay the Municipality the purchase price for the shoreline road allowance lands as set in the Municipality's Fee By-law No , as amended from time to time, along with all other fees and costs associated with the Application and, if required, the closure and sale of the shoreline road allowance and the deeming of the Applicant's abutting lands not to be part of a registered plan of subdivision. a) All costs associated with the Application to purchase and the closing and sale of a shoreline road allowance, and the deeming of the Applicant's abutting lands, including but not limited to advertising, notice, surveys of the shoreline road allowance and required easements or rights of way, reference plans, legal costs of both the Applicant and the Municipally if required, and registration of transfer or any other documents are the sole responsibility of the Applicant. 2. Approval Process: 2.1. Once an Application is determined by administrative staff to be complete, it will be forwarded to Council with a report for its consideration where Council will determine whether it is appropriate to close the shoreline road allowance or portion thereof for sale to the Applicant in the circumstances. The Applicant will be advised of the meeting date of Council at which the Application will be considered Upon approval of the application by Council an unmarked copy of a registered reference plan is required to be submitted to the Municipality. The shoreline road allowance portion must be identified as a separate part number on the registered reference plan, to that of the Applicant's land and any intervening lands. a) Section 34(2) of the Municipal Act, 2001, as amended, requires the consent of the Government of Canada to the proposed purchase of the shoreline road allowance if it abuts on land, including land covered by water, owned by the Crown in Right of Canada, or it leads to or abuts on a bridge, wharf, dock, quay or other work owned by the Crown in Right of Canada. If this becomes evident upon completion of the required registered reference plan, that the Crown's consent is required; it is the responsibility of the Applicant to obtain Schedule "8"- Application to Purchase Shoreline Road Allowance Page 2 -~---~ ----~

5 )c:gg q-f(, such consent Prior to the sale of a shoreline road allowance the Application may be circulated for input to various persons, public agencies, ministries, and utilities to determine whether or not the shoreline road allowance may be considered surplus to public needs aside from those of the Municipality. The Municipality may notify owners of lands abutting the Applicant's lands and abutting the shoreline road allowance; Bell Canada, TBaytel, Union Gas, Hydro One as applicable, the Government of Canada, the Department of Public Works and Government Services - Ontario Region, the Ministry of Transportation, the Ministry of Natural Resources, the Ministry of Environment, the Conservation Authority, Canadian National or Pacific Railway and any other relevant agencies or bodies that may have reason to give input for consideration in review of the Application The decision of Council to declare surplus and permanently close any portion of the shoreline road allowance for the purpose of selling it shall be carried out in accordance with the Municipal Act, 2001, the procedural and policy requirements as set out in this Policy; and further that public notice shall be given as per the Municipality's Notification By-law, as amended from time to time, for the closing of highways. 3. Criteria for Disposition: 3.1. Agreement to the proposed line is required from each land owner abutting the Applicant's land on a separate sketch to be submitted with the Application unless the abutting owner has previously purchased the shoreline road allowance in which case the subsequent Reference Plan would have established the property line The proposed portion of shoreline road allowance to be purchased will generally be the area of land contained within a line drawn from the ends of the present side lot lines of the Applicant's property to the water's edge, done so in a straight projection of those side lot lines to the water's edge. See example diagram Dry Upland parcel Lake Superior Schedule o - ADtJIIcatJon ro Purcnase snorenne Roaa Allowance Pace 3'

6 ;2~8'1-( V 3.3. It is the Municipality's intention to divide shoreline road allowances fairly between abutting property owners. In the case of uniquely shaped lots and shoreline coves, where the drawing of lines perpendicular to the shore and a projection of the side lot lines, creates hardship or an unfair disposition of shoreline for any immediately abutting owner, the boundary line should be split as to create the most equal distribution of shoreline to each affected owner. This must be determined by an agreement of the abutting property owner(s). If there is no such agreement, the Municipality will not proceed to consider the closure, declaration of surplus or sale of that shoreline road allowance If a dispute arises between the applicant and an abutting property owner(s) regarding the shoreline road allowance, due to an encroachment of anything on the shoreline road allowance, the Municipality will generally remain uninvolved and may decline to process or to continue processing the Application until the dispute has been resolved by the Applicant and the abutting property owner(s) In the case where an Applicant is unable to attain approval from an abutting property owner and where Council deems the proposed property to follow Section 3.2 and where no encroachments exists and where the lines as submitted are an equal and fair disposition of the shoreline and where the proposed lines could not otherwise be drawn Council may proceed with the sale of the shoreline taking Section 5.2 into consideration In the case where an Applicant is unable to attain approval from an abutting property owner and where Council finds the proposed disposition of shoreline lands follow Section 3.2 Council may direct staff to do a site visit and bring a report back to Council outlining the nature of the proposed shoreline being sought. 4. Easements, Restrictions and Registration: 4.1. The Municipality has the right to reserve easements or rights of way for drainage, water courses, pedestrian and vehicular access, and other public purposes as applicable, over any shoreline road allowance. An Easement will be placed on all shoreline road allowances as set out in Schedule C to By-law No Easements for drainage ditches and watercourses will be retained by the Municipality; the Municipality may retain ownership instead of easements in certain circumstances of any shoreline road allowance required for current or future municipal purposes, or those of another public agency or level of government It will be a condition of each sale of a shoreline road allowance that an Applicant will agree to save harmless and indemnify the Municipality from any and all environmental or other liability that may result from the disposition or sale All shoreline road allowances to be declared surplus and sold must be joined in title with the Applicant's abutting lands to comprise one legally transferable lot at the time of transfer. Where necessary a deeming by-law will be passed, prior to said sale, deeming the Applicant's abutting lands not to be part of a registered plan of subdivision for the purposes of s. 50(3) of the Planning Act. Schedule "B"- Application to Purchase Shoreline Road Allowance Page4 ----~

7 ).~8~ -f(t; 4.5. Where an applicant has two lots in a Plan of Subdivision, two applications and set fees must be submitted along with two separate Legal Descriptions describing each parcel of shoreline in front of each separate These will be separately registered. This will not apply if the Lots in the Subdivision have been deemed out of the Plan of Subdivision Should there be a portion of land between a shoreline road allowance laid out by the Crown and the Applicant's lot, which is still owned by the Crown (Ministry of Natural Resources), then that portion of land must be purchased through the Ministry of Natural Resources prior to proceeding with the Application to purchase the shoreline road allowance from the Municipality. It will be evident at the time of survey whether such a gap exists Where a shoreline road allowance is occupied or where there is a public road or road allowance separating an Applicant's property from the shoreline road allowance, the Municipality may consider leasing the shoreline road allowance to the Applicant, on such terms and conditions as Council considers advisable If the shoreline road allowance may be required at some future date for the purpose of public access or municipal or other public needs, but it is not required in the interim, the Municipality may consider leasing the shoreline road allowance to the Applicant, on such terms and conditions as Council considers advisable Any new structures that may be permitted on the shoreline road allowance that is to be sold will be subject to all zoning by-law and Official Plan requirements and other regulations of the Municipality and restrictions at law The Municipality of Shuniah retains the right to pass a zoning by-law amendment and conditions prior to the closure and sale of a shoreline road allowance to an Applicant, in order to restrict sizes and locations of permitted structures and to guarantee free pedestrian passage and clear view over the shoreline road allowance A copy of the by-law permanently closing and authorizing the sale of a shoreline road allowance must be registered by the Applicant at the time of registration of the sale documents. A by-law permanently closing a shoreline road allowance does not take effect until a certified copy of it is registered in the Land Titles Office A by-law deeming the the Applicant's abutting lands not to be part of a registered plan of subdivision must be registered by the Applicant prior to the registration of the shoreline sale documents. Schedule "8"- Application to Purchase Shoreline Road Allowance Page 5 -~

8 5. Council's Discretionary Considerations: 5.1. The Municipality retains, in its sole discretion, the right to consider, to approve with or without conditions or to deny the sale of the shoreline Road Allowance The following and other factors may be appropriate in reviewing any Application to purchase a shoreline road allowance. Council will have regard to: ~ The effect of depriving any person or persons of :~> Whether the shoreline road allowance has means of access to his or her property over the traditionally been used as a portage or boat launch; shoreline road allowance; :~> Whether the shoreline road allowance is required for emergency access to abutting properties; :~> Whether a sale or a lease of the shoreline allowance for a period of up to twenty-one (21) years is appropriate in the circumstances;» The nature of the conflicts between the Applicant and with other abutting land owners over the division of the shoreline road allowance; :~> Whether the shoreline allowance should be open or closed to either vehicular or pedestrian traffic or both as a condition of the sale, if open to either vehicular or pedestrian traffic a notice of same be registered on title for all purchasers to be made aware; :~> Whether the shoreline road allowance has significant historical and or cultural features that have been identified, which should be retained along with public ownership of the shoreline road allowance until the site has been researched and any significantly features have been relocated to the satisfaction of the Ministry of Citizenship and Culture; :~> Whether portions of the shoreline road allowance abut or include or provide irreplaceable access to an important fish spawning beds or wildlife habitat or environmentally sensitive areas; ;I> Whether the purchase of the shoreline road allowance is for recreational, residential, commercial or other purposes that require direct access to the shoreline and water body; :~> Whether easements or rights of way are required as conditions of sale for drainage, water sources, septic or other purposes; and :~> Whether shoreline road allowances in areas where waterfront community development is likely to occur should be kept by the Municipality, in part or whole. It will be a condition of the closure and sale of any shoreline road allowance that all existing vegetation is retained within a thirty (30) meter set back from the water line and that the shoreline is protected from unauthorized development and disturbance. Schedule "8" - Application to Purchase Shoreline Road Allowance Page 6 ~

9 Schedule B to By-law No. ~ <6~ <1-1 {o Application to Purchase Shoreline Road Allowance Name of Property Owner(s) (Applicant): Mailing Address: (Optional): Telephone Number: Home Work/Cell Property Roll Number _ (obtained from tax bill or assessment notice) Description of lands owned by the Applicant(s): fi ,!Registered Plan No. 1Lot(s) No. I ,.. l,.,,,, " , jhouse # and Road Name J!Mining Location Reference Plan No. Pts. I j > l Concession )Section ~-R~ Geographic Township: ~ L JYlacG re_gq~ _D MeT ~~i~b O Frontage: Depth: _ Area: Lot Shape: _ Attach a photocopy of deed showing ownership and legal description. Attach photocopy of survey or hand drawn sketch showing boundaries of property and proposed portion of shoreline road allowance to be purchased. The sketch should include the neighbouring property owner's signature sketch denoting agreement to the line as drawn unless they have purchased the shoreline and a Reference Plan will denote same. Attach a copy of a registered reference plan of the shoreline road allowance including any consent thereon as required by the Policy for Disposition of Shoreline Road Allowances. Schedule "B"- Application to Purchase Shoreline Road Allowance ~

10 Schedule B to By-law No. 'd~bq-tv ACKNOWLEDGEMENT: 1/We hereby acknowledge that there is no guarantee by the Municipality of Shuniah that my/our application will be finally approved and property sold to me/us since each application must be considered in light of its special circumstances, the provision of the Policy for Disposition of Shoreline Road Allowance and any future amendments thereto; my/our application may cause Council to amend its policy because of the issues it may raise; my/our initial deposit of $ is non refundable and will be used to compensate the Municipality for its expenses in analyzing this application; 1/we will be responsible for all costs as outlined in the Policy for the Disposition of Shoreline Road Allowance; and the purchase price for the shoreline road allowance to be conveyed to me/us will be as as set in the Municipality's Fee By-law, as amended from time to time. 1/we agree to save harmless and indemnify the Municipality from any and all environmental or other liability that may result from the disposition or sale. Attach non-refundable Administration Fee of $ per application. Declaration of the in the District of do solemnly declare that all the above statements contained in the application are true, and I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of the Canada Evidence Act. Declared before me at the in the District of this day of ; 20 Signature of Applicant Commissionaire for Taking Affidavits Submit Application to: Municipality of Shuniah 420 Leslie Ave, Thunder Bay, ON P7A 1X8 Phone: (807) Fax: (807) In accordance with the Municipal Freedom of Information and Protection of Privacy Act, the personal information gathered will be used for the purpose of processing this application, and may be released to the public subject to the Act upon application. Schedule "B" -Application to Purchase Shoreline Road Allowance ~- --

11 Schedule C to By-law No. d-8~cf -( ~ Easement: RESERVING UNTO the said The Corporation of the Municipality of Shuniah, its successors and assigns, the right at any time to enter upon the hereinbefore described lands in the within Transfer, designated as Part [INSERT PART], Reference Plan [INSERT PLAN] (the "Lands"), for the purposes of constructing, installing, operating, providing, maintaining, repairing, replacing, altering, removing, renewing and making additions to any public utility now or hereafter owned, operated or provided by The Corporation of the Municipality of Shuniah, including but not limited to water; sewage; fuel, including natural and artificial gas; energy; heating and cooling; telephone and telecommunication; electrical distribution lines and electrical transmission lines; surface and sub-surface drainage facilities including, without limitation, ditches, watercourses, swales and the related grading and landscaping of the Lands; and such related equipment, fixtures, facilities, accessories and appurtenances thereto, including, without limitation, all poles, lines, cables, wires, conduits, pipes, drains, foundations, and other things of any kind whatsoever, upon, over, in, under and across the said Lands as may be necessary, incidental or convenient for the aforementioned purposes; AND FOR EVERY SUCH PURPOSE The Corporation of the Municipality of Shuniah, and its successors and assigns, shall have free and unimpeded access to the Lands at all times by its officers, agents, employees, contractors, subcontractors, workers and assignees and any and all local boards, services boards, corporations, commissions, utility providers and other persons to whom or to which The Corporation of the Municipality of Shuniah or its successors and assigns may grant permission or authority for the purposes hereinbefore described. This is an easement in gross. Schedule "C"- Application to Purchase Shoreline Road Allowance ~