THE CORPORATION OF THE
TOWNSHIP OF STRONG
BY-LAW 2011-010
SALE OF LAND
(OR
OTHER DISPOSITION OF MUNICIPAL LAND)
________________________________________________________________________
WHEREAS Section 270 of
the Municipal Act S.O. 2001, c.25, as amended effective January 1, 2007,
requires Municipalities to adopt and maintain policies with respect to the sale
or other dispositions of land;
AND WHEREAS the purpose of this by-law is to update the current
Municipal policies on the sale and other disposition of land.
BE IT ENACTED
AS A BY-LAW OF THE CORPORATION OF THE TOWNSHIP OF STRONG AS FOLLOWS:
1.
TITLE
This by-law shall be called the Sale of Land By-law.
2. CONTENTS:
- PART 1
- Sale of Land (Other than
Public Highways)
- PART 2
- Sale of Land (Public Highways)
- PART 3
- Exclusions, No Public Notice or
Appraisal Required
- PART 4 - General
Provisions
i) Adjournment
ii) More Comprehensive Notice
iii) Effective Date
3. DEFINITIONS
3.1 In this By-law:
a) Appraisal appraisal shall mean a written opinion of the fair
market value of the land. This may be
provided by:
i) the Clerk’s office, having reference to assessed values in
the surrounding area, or,
ii) by an
opinion of a Real Estate Agent, having knowledge of land values in the area,
or,
iii) by a
formal valuation by a qualified Real Estate Appraiser.
b) Other
Disposition means the granting of the use of land by:
i) lease
for a period of 21 years or more, or,
ii) a
lease with options to renew for a period greater than 21 years, but,
iii) this
does not include a licence given by the Municipality which is revocable by the
Municipality within the 21 year period.
c) Sale
means a transfer of legal title in land and includes a lease
of 21 years or
longer.
PART 1
(Other than Public Highways)
4. SALE
REQUIREMENTS
4.1 Method
of Sale - Council shall have the absolute discretion to select the
particular method of disposing of a parcel of land to the public for sale. Such method may include:
a) sale
by public tender;
b) listing
with a real estate firm(s) or broker;
c) direct
sale (no agent);
d) such
other method as is determined by Council.
4.1.1 Unsolicited
Offers
a) unsolicited
offers to purchase a parcel of real estate may be considered by Council;
b) where
more than one (1) person has expressed an interest in purchasing real property,
or whether Council believes it to be in the best interest of the municipality,
Council may by Resolution direct that the real property be sold by tender.
4.2 Appraisal
- The Municipality shall, prior to the sale of any land:
a) obtain at least one (1) appraisal of the land in the manner as deemed appropriate by Council (see definition 3.1 (a) above);
b) this provision (appraisal) shall not apply to any other disposition@ of land (defined in paragraph 3.1(b) above).
4.3 Sale Price of Land
Council at its discretion shall determine the sale price of any land. The sale price includes the sale price of land and the anticipated costs being incurred by the Municipality with respect to the sale including legal fees, surveys (if applicable), appraisal fees (if applicable) and the publication of the Public Notice.
4.4 Surplus Land
Council shall, prior to the sale of land,
determine by By-law or Resolution, that the subject lands are surplus to the
requirements of the Municipality.
4.5 Public
Notice
Unless otherwise directed by Council,
Public Notice shall be given,
a) Publishing
- The Municipality shall give Notice to
the public of a proposed sale or other disposition of land by publishing a
Notice at least three (3) times, one week apart, in a newspaper having local
circulation in the Municipality.
b) Posting
- The Municipality shall post the
Public Notice in a minimum of three (3) places in the general area of the land being sold for three (3)
consecutive weeks prior to the Council Meeting.
c) Website
- The Municipality shall post the
Public Notice on the municipal website for a period of three (3) consecutive
weeks.
4.5.1 Council
Consideration : Interval
Final consideration of the proposed sale or
other disposition by Council shall not take place sooner than one (1) week
after the last published date, after the last of, the publishing date, the
posting date, the website date, which ever shall be last.
4.6 Public
Comment
The Notice shall specify that anyone
wishing to comment on the proposed sale or other disposition may do so by:
a) delivering
such comment in writing to the Clerk of the Municipality on or before the date
the subject matter is to be considered by Council; or,
b) by
appearing at the Council Meeting and advising the Clerk that the person wishes
to speak to the issues.
PART 2
(Public Highways)
5. SALE
REQUIREMENTS
Where the land being sold is all or part of
a Public Highway, or of a former Public Highway, the following provisions shall
apply.
5.1 Surplus
Land
Council shall first determine that the land
is surplus to the requirements of the Municipality.
5.2 Approval
in Principle
a) Application
Form: Application Fee
On receipt of a request to purchase all or
part of a Public Highway, the Applicant shall fill out an Application Form, pay
the required fee (see Schedule A
attached), and after preliminary investigation the matter shall be placed on
Council’s agenda.
b) Council
Resolution
Council shall by Resolution reject, defer,
or approve in principle the Application.
Any approval in principle shall include,
i) any
additional conditions required by Council;
ii) a
condition that the Application is subject to investigation by
the
Clerk’s office;
iii) a
stipulation that the Applicant is responsible for all administrative and legal
costs in connection with the Application and its processing.
c) Initial
Deposit (After Councils Resolution)
The Applicant on receiving a Resolution
approving in principle shall file an initial deposit against legal and
administrative fees, as set out in Schedule A
attached.
d) Sale
Price
Unless otherwise determined by Council, the
sale price shall be as set out in Schedule A attached.
6. PUBLIC
NOTICE
6.1 Prior
to Council’s consideration of a Road Closing By-law there shall be, unless
otherwise directed by Council,
a) Publishing
- Notice to the Public of the proposed
closing and sale of
all
or part of a Public Highway shall be published for three (3) consecutive weeks
in a newspaper having local circulation in the Municipality.
b) Posting
- Posted in a minimum of three (3)
places in the general
area
of the road allowance being closed, at three (3)
consecutive
weeks prior to the Council meeting.
c) Website
- If the Municipality has a website,
to be posted thereon
for
a period of three (3) consecutive weeks and such
posting
shall be deemed to be posting in the Township
offices.
6.1.1 Council
Consideration: Interval
Final consideration of the proposed sale or
other disposition by Council shall not take place sooner than one (1) week
after the last published date, after the last of, the publishing date, the
posting date, the website date, which ever shall last occur.
6.2 The Notice shall also include:
a) Description: a description of the lands which
is the subject
matter
of the Notice;
b) Intention: intention and purpose of the
by-law;
c) Date
and Time: the date and time
that the by-law will come
before
Council;
d) Location: the location of the Council
Meeting;
e) Representation: a statement that Council will hear from
anyone
in
person or by his/her counsel, solicitor or
agent
who claims that his/her lands will be
prejudicially
effected by the by-law, and who
applies
to be heard;
f) Reference
Plan: a copy of the Reference
Plan (if available) can
be inspected at the at the Municipal offices.
6.3 Time of Council’s Consideration
Council’s consideration of the proposed
sale, or other disposition, shall not be sooner than one (1) week after the
last day the Notice has been published.
PART 3
(Exclusions, No Public Notice or Appraisal
Required)
7. NOTICE
OR APPRAISAL NOT REQUIRED
7.1. The
Public Notice and Appraisal portion of this policy (paragraph 3.1(a) and 3.1(b)), shall NOT apply to the sale or
other disposition of the following classes of land unless Council at its
discretion determines that an appraisal is necessary for such sale:
a) Reserves
- land 0.3 metres or less in width acquired in connection with an approval or
decision under the Planning Act or otherwise;
b) Abutting
Owners - closed highways (excluding Original Shore Road Allowances) if
sold to an owner of land abutting the closed highway;
c) Former
Railway Lands - land formerly used for railway lines if sold to an
owner of land abutting the former railway land;
d) No
Direct Access - the subject land that does not have direct access to a
highway and if sold to the owner of land abutting that land;
e) Expropriation
Act - land repurchased by an owner in accordance with s.42 of the
Expropriations Act;
f) SS.
107 and 108 Municipal Act - land sold under ss.107 (grants guaranteed)
and 108 (small businesses) of the Municipal Act, 2001;
g) Land
sold to Municipality or Local Board - land sold to a Municipality, a
local board including a school board and conservation authority, or the Crown
in Right of Ontario or Canada and their agencies.
8. SPECIAL
PROVISIONS
This By-law shall NOT apply to the sale or
other disposition of land in the following classes of land:
(a) Capital
Facilities Agreement
land sold under s.110 of the Municipal Act,
2001 (municipal capital facilities agreement);
(b) Industrial
Operations
land to be used for the establishment and
carrying on of industries and industrial operations and incidental uses;
(c) Sale
for Tax Arrears
land sold under Part XI of the Municipal
Act, 2001 (sale of land for tax arrears).
(d) Electrical
and Communication Easements
an easement required for electrical
distribution line, electricity transmission line, hydro carbon distribution
line, within the meaning of Part VI of the Ontario Energy Board Act, 1998, Bell
Telephone, or any cable company.
PART 4
(General Provisions)
9. ADJOURNMENT
9.1 Adjournment: Notice deemed to continue
Where notice of a public meeting or notice
of intention to pass a by-law has been given in accordance with this by-law,
Council may adjourn the public meeting to another specified date, or may
adjourn to continue consideration of the by-law to another specified date. On such subsequent date, notice shall be
deemed to have been sufficiently given to continue the public meeting or consideration
and pass the proposed by-law.
9.2 More
comprehensive Notice
Nothing in this by-law shall prevent the
Clerk from using a more comprehensive method of giving Notice, or, providing
for longer or shorter Notice period, when directed by by-law or resolution of
council.
10. EFFECTIVE
DATE
11.1 This
by-law shall become effective on the date of passing.
11.2 Provided
however, that any procedure followed under the repealed by-law prior to the
effective date of this by-law, shall be deemed to be in compliance with the Municipal
Act and this by-law with respect to any sales of land that are completed on
or after the effective date.
11. REPEAL
10.1 By-law
2007-1546 and 2008-1574
is hereby repealed.
THIS BY-LAW READ A FIRST, SECOND TIME THIS
8TH DAY OF FEBRUARY 2011
AND THIRD TIME, AND FINALLY PASSED ON A MOTION
BY: J.D.Newstead
SECONDED BY: Merlyn Snow THIS THE 22ND DAY OF FEBRUARY , 2011
THE CORPORATION OF THE
TOWNSHIP OF STRONG
____________________________
Mayor,
Christine Ellis
____________________________
Seal Clerk/Treasurer,
Linda Maurer
Schedule A to By-law 2011-011
SCHEDULE A
PART 2
(Sale of Public Highway Lands)
1. Initial
Deposit with Application
(for initial
investigation - non-refundable) - $
500.00
2. Preliminary
Deposit when given approval in principle -
$3,000.00
3. A
Fair Market Value, Sale Price, to be determined by Council
Sale
of shore Road allowance $ 0.25 per sq. ft.