Hamlet of Baker Lake Land Administration By-law No. 93 — full text

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i Halet of Baker Lake By-Law #93 Land Administration - 1995 Page 1 ot 11  ## BAKER LAKE, N.W.T. XOC OAO ## BY-LAW NUMBER 93 ···· A Dy-1aw Northwest Territories to provide tor the administration of municipal lands, pursuant to the Hamlets Act, R.S.N.H.I., 1988, c. H-1, s. 132.2 ... . openine. 0I the Municipal lorporation of the Hamlet oI Baker Lake in the As the Council of the Municipal Corporation of the Hanlet of Baker Lake deens be desirable to establish a uniform process foI the disposal of real property owned, leased of otherwise held by the Hamlet; HUH, IHEREFORE, THE MUNICIPAL CORPORATION OF THE HAMLET OF BAKER LAKE, at a duly assembled meeting, enacts as follows: ## SHORT TITLE 1. I'nis Dy-law may be cited as the "Land Administration By-law". ## INTERPRETATION 2. In this by-1aw: - a) "Council" - b) "development cost" .... means the Council of the Hamlet; means the costs directly incuried by the Hamlet In developing land, including, but not limited to the cost of: - 1) planning and engineering design; - 2) project management; - 3) road construction; - 5) open spaces; - 4) land f1ll; - 6) piped water and sewer lines; - B) legal surveys; - 7) electrical distribution lines (and poles); 9. land acquisition and disposal costs; - 10) financing charges, including interest, fot any loans incurred in developing the land; 11. means the lease or other disposition of land; c) "disposal ot land" - d) "Hamlet" neans the Hamler of Baker Lake; : 11· LU ras 100/180600N · Hamlet of Baker Lake By-Law # 93 Land Administiation - 1995 Page 2 oI 11 - e) "lands" means Ieal property owned, leased or otherwise held or acquired by the Municipal Corporation; - 1) "10t" means a parcel of land, for which development costs have been incurred and which has been duly described of surveyed for the purpose of acquisition, lease or other dispositions; - g) "lot price' means the valuation of a lot; - n) "market value" means the value of a parcel oi land based on the amount a Willing buyer would pay to a willing This value shall be determined by a professionally qualified land appraiser or by publie tender or auction; - i) "Minister" means the Minister of Municipal and Connunity Affairs; 6. )) "new lots" means vacant lots which are developed after the date of this by-law; 7. "oft-site levy" means a surchaige levied by the Hamlet to a lessee of municipal lands, at the time of lease éxecution, 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 lands being leased, but of direct, though not Inclusive, benefit to the lessee; 8. 1) 9. "replacement cost" neans the estimated development costs for a parcel of land, updated to the current year, representing the costs to develop a similar lot and incorporating site-specific factors; 10. =) 11. "Senior Administrative Officer" means the Senior Administrative Officer of the Hanlet or such other person as may be designated, - n) "site-specific from time to time, or exercise the powers and pertoru the duties of the Senior Administrative Officer pursuant to this by-law; - factors" means factors which may be used, where applicable, in adding or subtracting up to 257 of the development costs of new lots or the reolacenent cost for existing developed lots, and which may be composed of: : : 11:20 FAA 1001/906000 Harlet oI Aaker Lake Hy-Law # 93 Land Administration Page 3 Ot 11 - 1) size of land parcel; - 2) site conditions; - 3) desirability of location; - 4) adjacent land uses; and - 5) proposed land use. l'he addition of site specific factors for new lots shall not exceed development cost for the entire subdivision. ## APPLICATION OF THE BY-LAH 3. 'Shis by-law shall, except as otherwise expressly authorized by the Minister, apply to all acquisitions, leases or other dispositions of the lands by the Hamlet. ## PRECONDITION TO ACQUISITION AND DISPOSAL OF LAND 4. Land speculation will be discouraged. 5. Neither the Hamlet nor any authorized representative of the Hamlet shall make or enter into any oifer, agreement of other arrangement for the purchase, lease or other disposition of lands except by by-law in the form of Appendix A or Appendix B attached hereto, and each such bylaw shalt contain; - a) a complete legal description of the lands to be acquired, leased, or otherwise disposed of; 4. el the terus and conditions, it any, upon which the lands shall be acquited, leased or otherwise disposed of. - b) the minimum consideration to be paid for the acquisition, lease or other disposition oi the lands; and 6. No by-law for the acquisition, lease or other disposition of land, Shall be passed pursuant to section 132,2 (4) oI 132.2 (5) Of the Hamlets Act, until: - a) it has been established through a search at the appropriate land Registry Office, that the Hamlet may lawfully acquire, lease or otherwise dispose of the lands; - b) an inspection of the lands has been conducted to determine: - 1) if the lands are occupied; - 2) I there are any improvements situated on the lands; - 3) if there are any easements attecting the lands; and - 4) such other information as Council may, in its discretion, consider to be relevant; : Hamlet of Baker Lake by-law # 93 Land Administration - 1995 Page 4 of 11 - c) the Senior Administrative Officer has advised Council of the value oi the lands and any improvements situated thereon and that the proposed use of the lands shall cooply with the Zoning ByLaw of the Hamlet in effect from time to time. ## ADVERTISING OF THE LAND FOR DISPOSAL 1. a) subject to subsection 1(0), the Haulet shall not lease of otherwise dispose of land unIll It has published a notice of such proposed lease of other disposition: - 1) by advertisement Iof two consecutive weeks in a newspaper naving weekly circulation in the Hamlet; OI - 2) by notice posted in three prominent places in the Hamlet for a period of two weeks. 4. L'ach advertisement or notice shall contain: - 1) a sketch, drawn to scale, identifying the size and location ot the lands to be leased OI OtheIwise disposed of; - 2) the minimum consideration for which the lands will be leased or otherwise disposed of; - 3) an indication as to the nethod to be employed in leasing or otherwise disposing of land; and - 4) an indication as to where and when applicants may obtain infornation and application forns: - c) Subsections 7 (a) and 7 (b) shall not apply to: - 1) lands required by the Federal or Territorial Governments; - 2) lands which can only be of use to an adjoining ownei/lessee; - 3) additional adjacent lands required for expansion of an owner's/ lessee's existing or proposed development. 13. B, I'ne Hamlet shall readvertise for lease or other disposition lands which: - a) an application has been wade but withdrawn by the applicant after acceptance by the Hamlet; - C) Ie-zoning has taken place and the lands remain untenured. - b) a Lease has been granted but terminated prior to the construction oi any improvements on the lands; or ## APPLICATIONS FOR LAND 9. The Hanlet shall only accept a written application for land in the form of Appendix C. This form shall contain, but not be limited to: 2. 2 a) the legal name of the applicant of applicants; Hamlet of Baker Lake By-law # 93 Land Administration - 1995 Page 5 ot 11 - b the legal description of the land; - C) the purpose for which land is to be used; - 1l a request, it applicable, for joint tenancy or tenancy-1n-couпоn. - I) a non-refundable application fee of $250.00. - e) che signature of the applicant or applicants; and 10. The Hanlet shall keep a ledger of all lands containing: - a) a full legal description of the lands; - the location of the lands within the Haulet; - c) a valuation of the lands for purpose of lease or other disposition; - 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. - d) the terns and condition upon which the lands may be leased of otherwise disposed of; and 11. I'ne ledger kept pursuant to section 10 of this by-law shall be open to - inspection by the public at the Hamlet office during normal business hours. ## TERMS AND CONDITIONS OF LAND DISPOSALS 12. a) I'he standard term of all lease documents shall be a minimum of: 2. 25 years for Residential 3. 25 years for Commercial 4. The term of leases referred to in 12 al may be increased at Council's discretion based on the nature and value of improvements to be constructed, Extensions to a lease will not unreasonably be denied. 5. "ne term of all other leases will be at Council's discretion. - d) Renewal of leases will not be unreasonably withheld. 13. The Hamlet, in leasing or otherwise disposing ot new lots for residential purposes, shall ensure that prospective private home owners preference over lessees who wish to acquire more than one lot at a 8. time, except wnen lots are required by: - a) the federal or Territorial Government; - c) the Canada Mortgage and Housing Corporation. - b) the Northwest Territories Housing Corporation of their clients; OI 14. Every disposal of land shall be in writing. ! ! ' Hamlet of Baker Lake by-law #93 Land Administration - 1995 Page ot 11 15. The Hamlet, in leasing or otherwise disposing of new lots, shall require connencement of construction must begin within 6 months of the ettective date ot lease or the lease may be cancelled. Improveuents must be constructed on the lots within 24 months of the date of the agreement. The Hamlet may terminate a lease for failure to commence or complete construction of the building or other improvements within the time required. Subject to Section 16, if construction does not commence oI is not completed within specified time period, the land may revert back to the Hamlet. 16. The Hamlet nay allow a maximum extension of twelve (12) months to either term outlined in Section 15. used by the Hanlet in order to grant an extension: - a) written explanation for the delay in construction; - D) written plan to complete construction within the extension period; - c) proof that approved financing is in place; - d) all outstanding debts to the Hamlet have been paid; and - e) application ior development pernit has been made. 17. The Hanlet shall not lease of otherwise dispose of new lots by auction. 18. The Haulet shall lease land by one of a conbination of the following means. Council shall at their discretion, decide which nethod of disposal shall be employed and when: - a) l'or all lands that are to be disposed of, a Public Draw may be used where demand indicates that a draw is required with the provision that Council approved guidelines for a ballot draw are a prerequisite to any draw taking place; - c) for all land that are to be disposed of, First-cone-first-served basis may be used; 0I 11. FOr Commercial/Industrial Zoning lands that are to be disposed of, a Development Proposal Call may be used as set out in Section 19 under resolution of Council; 19. 'he Hamlet 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. ## PRICING OF NEW LOTS 20. The Hamlet, in leasing or otherwise · disposing of new 10ts, determine lot prices by development shall site specific factors. cost including any allowance for Hamlet of Baker Lake By-law #93 Land Administration - 1995 Page 7 OI 11 21. The Hamlet shall recover all development costs in the Valuation of 2. Lands Ior disposal, subject to section 22. 22. The Hamlet may, when It is unable to lease ot otherwise dispose of a 4. lot, reduce the price of the lot below its development cost: - a) When the lot has not been developed through financing from the soverndent of the Northwest Ierritories of a financial institution, Hanlet of Baker Lake 6. oI, 7. and the reduced land valuation is approved by the Minister. Ion is approved By - D) wnen the lot has been developed through financing fIon the Governnent of the Northwest Territories of a financial institution ## PRICING OF EXISTING LOTS 23. The Hamlet In leasing of otherwise disposing of existing developed Lands shall determine lot price by either of the following: - a) replacement cost; ot - b) the market value as determined by: - 2) à call for bids, (by public tender or auction) in which the - 1) a qualified land appraiser oI assessor; OI 6. advertised minimum price is not less than the replacement cost- 24. The Hamlet shall, in the leasing of lands, charge rent based on a Iate of not more than ten percent (10%) of the lot price a year, unless otherwise authorized by the Minister. ## LEASE RATES 25. The annual lease rent charge for a lot under this by-law will be 4.0 % of the lot price per annum. Payment is due thirty (30) days after the date of notice. A person failing to make payment within the period, 2. may have their · lease cancelled by resolution of Council. Council may vary the lease rate for dispositions of land to non-profit organizations. ## OFE-SITE LEVIES 26. When disposing of land, the Hanlet may levy a surcharge to a lessee of lands to help pay for all or part of the Hanlet's capital cost for all 2. or any of the following: 3. new or expanded facilities for the storage, transmission, - a) treatment, 5. or supply of water; - D) new or expanded facilities fof the storage, treatment, movement or 7. disposal of sewage; ! ! · 1 Hamlet of Baker Lake By-law #93 Land Administration - 1995 Page 8 OI 11 - C) new or expanded storn sewer drainage facilities; - e) land required foI, connection with, any of the facilities desciibed in al, D), Cl, and d). - d) new or expanded roadways and sidewalks; and 21. I'he Hamlet shall not include, as part of any off-site levy, any costs paid foi by grants or contributions received from the Government of the Northwest Territories. 28. The Hamlet shall clearly identify to the public that any off site levy 1s a separate surcharge above the lot price, which is collected together with the lot price. 29. I'ne Hamlet shall place all off-site levy revenues in a separate account, to be used tor the purpose set out in section 26. ## LAND DEVELOPMENT RESERVE ACCOUNT 30. The Hamlet shall open and maintain a separate financial account in which all revenue obtained from the leasing of otherwise disposing of lands will be placed. 31. The Haulet shall, in regards to the account identifled in section 30: a) establish clear procedures for the management and operation of the account; - b) use all expenditures fron the account for the sole purpose of acquiring and/or developing land by the Hamlet, unless written approval by the Minister is obtained for other types of expenditures. ## PRIVATE SECTOR DEVELOPMENT OF LANDS 32. The Hamlet shall encourage the utilization of the private sector in the development of lands only 1f: 2. al the Hamlet 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, of less than, the Hamlet would charge under its estimate in al. 4. II, in the opinion of the Hanlet, the private sector can develop the lands in a cost-effective manner as outlined in section 32, the Hamlet shall call for proposals. 34. The Hamlet, In disposing of vacant lands to a private developer, shall: ------ · ... Hauler of Baker Lake By-law # 93 Land Administration - 1995 Page 9 of 11 - a) do so by the way of a Lease to which a subdivision agreement way 2. be attached; 3. require the developer to provide a list of the lease prices of the lots to be developed; - b) require the developer to establish a land disposal procedure that is consistent with this by-law; 5. specity, In the lease, the standards to which the land must be - e) specify, in the lease, that cases for non-performance with regard to 34 (a), 34 (b) and 34 (C) above, the lease will be cancelled. - d) developed; and ## BASEMENT'S 35. 'The Hamlet 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 intertere with the rights granted to 2. the lessee or any improvements made by the lessee on the lands. ## LEASE ASSIGNMENTS (TRANSFERS) 36. Annual lease rental owing to the Hamlet and any taxes owing to the Government of the Northwest lerritories must be paid in full prior to the assignment of a lot. The lessee must provide proof of ownership ·I improvenents. Assignment of lease will not be allowed when the improvements to the land have not been conpleted as per the lease agreement. ## LEASE SURRENDERS 37. Annual lease rental owing to the Hamlet and any taxes owing to the Government of the Northwest l'erritories must be paid prior to the surrender of a lease. Also, the lessee must remove all improvenents from the land and return the lot to a state which is 2. satisfactory to the Hamlet and deliver up to the Hamlet, the duplicate leasehold title where one exists. ## CANCELLATION OF LEASE 38. It the Haulet cancels a lease due to non-compliance with any terms and 2. conditions of a lease: - a) where there is a debt owed to the Hamlet, the Hamlet may seek an order to retain the right to any improvements upon the leased lands. 4. where there is no debt owing to the Hamlet, the lessee shall Iemove any improvements and restore the site within 60 days, failing which the Hamlet may seek an order allowing for the 5. renoval of improvements. : Hanlet of Baker Lake by-1aw #93 Land Administration - 1995 Page 10 oI 11 - C) where the duplicate leasehold title for the lands has not been surrendered in accordance with the Land Titles Act, the Hamlet shall seek an order cancelling Ihe leasehold title. ## 39. LAND USE PERMITS - a) The Hamlet may Issue land use permits, foI the temporary use of land, in accordance with Appendix I. - D) Application for a land use permit shall be in the form of Appendix F. - c) A land use perit fee shall be determined by resolution of Council. - d) Any environmental inpacts of the proposed use must be addressed by the applicant to the satisfaction of the Hanlet prior to the issuance of a pernit. ## QUARRIES - 4b. a) The Hamlet may issue quarry permits for the temporary use of a quarry site. Applications for a quarry pernit shall be in the form of Appendix G. - b) The Hanlet shall charge a permit fee for gravel at litty ($50) dollars per application. - c) Quarry fee, Restoration fee, Road Maintenance fee, and Administration fee shall be determined by resolution of Council in order to maintain, restore and for future development of municipal quarries. - This amount of surcharge will be deternined by resolution of Council. - d) The Hamlet's quarry shall be in operation fron 9:00 a.m. to noon, and iton 1:00 P.m. to 5:00 p.m. Monday through Friday. Surchaige shall be applied to each cubic/meter of gravel after normal working hours. - The Hanlet 1s exempt from all charges. - g) F'ees established under Section 40 c) shall reflect the cost of development, operation, maintenance, administration and restoration of quarries. - I) All quarry fees shall be placed in a separate financial account. ## BY-LAW ADMINISTRATION 41. Council may by resolution adopt standard forms of agreement for the administration of land and the Hamlet may make minor changes not attecting the intent of these forms of agreement as may be necessary for such administration. -- : ! Hanlet of Baker Lake By-law #93 Land Administration - 1995 Page 11 OI 11 The tollowing appendices shall Iorn part of this By-1aw: Appendix "A" Appendix "B" Appendix "C° Appendix "D" Land Acquisition By-law Land Disposal By-law (Lease) Land Application Form Guidelines for Proposal Call/ Tender System Appendix "E" Appendix "F° Appendix "G' Land Use Operations Land Use Pernit Application Forn Application For Quarry Permit ## MINOR CHANGES  42. Minor changes to the Appendices can be made by resolution of Council, without amending the By-law provided the revisions do not alter the Intent of the By-law,       Read a first time this 197H \_ day ofOCTOBER Read a second time this 2C TH day of OcTOBER \_ 19\_95. \_, 1995. MAYOR DAVID TAGOONA lettle SENIOR ADMINISTRATIVE OFFICER DENNIS ZETTLER APPROVEU by this Minister of Municipal and Community Affairs this 22 \_ 1952. MINISTER 1903 third time and finally passed this 1TH day of DECGIGER MAYOR DAVID TAGOONÀ Settle SENIOR/ADMINISTRATIVE OFFICER ## OFTENDI T LAND ACQUISITICA BI-LAX ## HAMLET OF BAKER LAKE, N.T. BY-LAW NUMBER 93 ***********^=*^*^^^*^****=***=**==^^*^1≤1≤2===^*^***^* A By-law of the Municipal Corporation of the Hanlet of Baker Lake in the Northwest Territories to acquire real property, pursuant to the Hamlets ACt, R.S.N.W.T., 1988, c. H-1, s. 132.2 31*97**71 Mode A #6-07-7-7-74-4-70o4. WHEREAS the Council of the Hamlet of Baker Lake deems it to be in the public interest to acquire the land described hereunder; NOW THEREFORE, THE COUNCIL OF THE HAMLET OF BAKER LAKE, in a duly assembled meeting, enacts as follows: 1. The Mayor and the Senior Administrative Officer are hereby authorized o behali oi the Hamlet of Baker Lake to acquire iron IOI the suD OI I the land described hexeunder: The whole of Lot ( I in the Hanlet of Baker Lake, in the Northwest Territories according to a plan of survey filed in the Land Titles Office for the Northwest Ierfitories under number - The noted land shall be acquired fol Muniviral furpuaco. kead a first time this day of - 19\_ A.D. - MAYOR Head a Second time Ihis day of 19-- A.D. SENIOR ADMINISTRATIVE OFFICER MAYOR Read a third time and finally adopted this 19\_ A.D. day of SENIOR ADMINISTRATIVE OFFICER MAYOR SENIOR ADMINISTRATIVE OFFICER .. ## IAND DISPOBAL BI-LAM (ISASE) ## HAMLET OF DAKER LAKE, N.T. BY-LAW NUMBER 93 A By-law oi the Municipal Corporation oi the Hanlet of Baker Lake in the Northwest Territories to dispose of Ieal property, pursuant to the Hamlets Act. R.S.N.W.I., 1988, c. H-1, s. 132.2 ===+^==+===^^++*+*11*****++ ‹HERENS the Council ot tro Hanlct of Bakor Lake deewe it to be in tn‹ public intercot to lcanc the land degoribad hercunder; NOW IHEREFORE, THE COUNCIL OF THE HAMLET OF BAKER LAKE, in a duly assembled meeting, enacts as tollows: 1. ine whole DI LOT \ 1n the Hamlet of Baker Lake, in LIre Nortnwest ferlitories accoIding to a plan of survey filed in the Land Titles Otrice tor the Northwest Territories under number 1s owned by the Hamlet under Certificate of Title number 2. I'ne Mayor and the Senior Administrative Officer are hereby authorized on behalf of the Hamlet of Baker Lake to execute the lease agreement "Schedule A" , attached to and forning part of this by-law, conveying the lot to the said lessee. Kead a filst time this ... day of 19 A. D. Mayor Seniox Administrative Officar Read a second time this \_ day of - 19 \_ A.D. Mayor Senior Administrative Officer Isad a third time and finally adopted thia day of Mayor - Senior Administrative Otticer ---. ## Arampiz C" 1. MR. MS. MRS. MISS. (Circle Doe) (SURNAHK OP APPLICANT) ADDRESS AGE 19+ YES (PLAST & OUR MANES OF APPLICANT) HUME PHONE # WORK PHONE # OCCUPAPION TAPPLICAT'S JOB TITUS, TRADE, BOSINESS, RFC.) EMPLOYED BY MR. MS. MRS. MISS. (CIRCIS ONE] OCCUPATION AGE 19+ YES (SURASHE O APPLICANT'S SPOUSE) (PIRST AND OTHER MAKES OE SPOUSS) EMPLOYED BY SHOUSE'S JOB TITLE, PRADE, BUSLIKS, BIC.) MR. MS. MHS. MISS. (LION PIA TOW IANS OF TUB CONTAGI ELDON ION THIA AEZLICAIION II DILEASHT TARN TOS AFFLICANs, QE IL TUB APPLICANT IS A BOSLESS BIC. | ADDRESS PHONE # (CONTAL PARSON'S YOLL HALLING ADUKKSS IP DIPPERENT THAN APPITCANT'S) - I. IME UNDERSICHED HERELY MAHU NITLCATION IO LEADE THE LAID DESCRIDED AS FOLLOHS: - [ ] NO - SIR PHX LAND YA AS APPLYING VUR IS SUBURTO, LIST LEE LOS DUNBEA, BLOCS DA CAOU DUNEER, BED L90 DON08A 60 SHOAN ON TEE LANDS KAR. I TEE LAND YOU ARE APPETIIG FOR IS DESORTATED, LIST ITS PROPOSED LOT BOMBRE AID TEE NANTS OF THE DEYELOPNBIT ARBA OR DESCRIBE TER DINENSIONS, SIZE AND LOCATION OF TER LAND AND ARTACE A COPY ON A PONTIUM OY TEK RESPECYIN& LANDS KAY SHOVING PUB LOCATION OUTCIN8D IN RED.J II IHERE IS MORE THAN ONE APPLICANT DO YOU WISH JOINI TENANCY \_ OR TENANTS-IN-COMMON 3. THE LAND WILL BE USED FUR RESIDENTIAL IF "OTHER" PLEASE SPECIFY: - [ ] COMMERCIAL - [ ] INDUSTHIAL OTHER 4. AHE THEME ANY BUILDINGS OR IMPROVEMENT ON THE LAND NOW? IF YES, WILL, THESE IMPROVEMENTS BE REMOVED? EXISTING IMPROVEMENT'S HAVE A VALUE OF S. , AND ARE DESCRIBED AS FOLLOWS: - [ ] YES - [ ] NO - - [ ] YES - [ ] NO NAME. DF OWNER OF EXTSTTN IMPROVEMENTS. I KEISTING IRPROVEEBNTE ARE TO SENATE ON PEE LAND YOU ARB APPETING FOR PEBASB ATTACH TOUR PROOS OF ONNEBSHIP.I - 2- 5. 'THE UNDERSIGNED) AGREE TO CONSTHUCT THE FOLLOWING IMPROVEMENTS: THE ESTIMATE VALUE THESE IMPROVEMENTS IS SE AND WILL REQUIRE APPHOXIMATELY 24 \_HONIHS TO COMPLETE, 6. THE UNDEHSIGNED UNDERSTAND THAT FAILURE TO COMPLY WITH ANY TERMS AND CONDITIONS OF THE LEASE WILL BE GROUNDS FOR CANCHLLATION OF THE SAID INSTRUMENT. 7. THE UNDERSIGNED CERTIFY THAT I/HE 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 CONFORH TO LOCAL BY-LAWS AND BUILDING STANDARD. 10. IF THERE ARE BUILDINGS AND/OR OTHER IMPROVEMENTS PROPOSED BY THE APPLICANTS, HE MUST, ON HIS OHN KESPONSIBILITY, SUBHIT TO THE TERRITORIAL FIRE MARSHALL'S OFFICE A PLOT L'LAN CHOWING IOCASION OF ALL PRESENS AND PROPOSED BUILDIMES ANU IMEHUVEMENIS LUNCHNING THE SAID LAND, AND ALSO SUCH DRAWINGS AND SPECIFICATIONS AS WILL INDICATE ACCURATELY TO SCALE ALL FLOOR PLANS, HEATING AND FIRE SAFETY SYSTEMS AND THE MATERIALS TO BE USED IN CONSTRUCTION, IT WILL ALSO BE IHE APPLICANT'S RESPONSIBILITY TO FURNISH THE SAME INFOKMATION TO THE LOCAL COUNCIL OR PUBLIC HEALTH AUTHORITIES IF DEHD NECESSARY BY THEM ON WHICH TO BASE THEIR RECOMMENDATION. 11. THIS APPLICATION WILL NOT BE CONSIDERED UNLESS ACCOMPANIED BY A NON-REFUNDABLE APPLICATION FEE OF IWO HUNDRED & FIFTY DOLLARS ($250.00) AND PLOT PLAN OF PROPOSED IMPROVEMENTS. 12. THE SUBMISSION OF THIS APPLICATION AND PAYMENT OF THE INO HUNDRED & FIFTY DOLLARS ($250.00) DEPOSIT DO NOT IN THEMSELVES CONVEY ANY RIGHT TO LAND. 12. IE THIS APPLICATION IS RETUSED THE DEPOSIT WILL, NOT DO REFUNDAD, IP A LEADD OR SOREEMENT IS APPROVED BUT NOT EXECUTED BY THE APPLICANS, THE DEPOSIT WILL NOT BE REFUNDED. IF THIS APPLICATION IS ACCEPTED THE DEPOSIT WILL, BE APPLIED TO THE PROCESSING OF THIS LEASE. 14. ALL RIGHIS TO MUNICIPAL LAND EXCLUDE THE FOLLOWING; - A) ALL, MINES AND ALI, MINERALS WHETHER SOLID, LIQUID, OR GASEOUS WHICH MAY BE FOUND TO EXIST WITHIN, UPON, OR UNDER IS LAND TOGETHER WITH THE FULL FUMERS ZU WOKK 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 MINERALS; - 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 OUT CROP REQUIRED FOR PUBLIC PURPOSES; ........ - D) SITH RICHT NA RICHTS AF WAY ANM NE ENTRY AS MAY RE AFOITREO INDER THE REGULATIONS TN FORCE IN CONNECTION WITH CONSTRUCTION, MAINTENANCE AND USE OF WORKS FOR CONVEYANCE OF WATER FOR USE IN MINING OPERATIONS; AND - E) IHE RIGHT TO ENTER UPON THE LAND FOR THE PURPOSE OF INSTALLING AND MAINSAINING ANY PUBLIC UTILITY. SIGNATURE OF APPLICANT DATE DATE SIGNATURE OF CÓ-APPLICANT ## APFENDIX "D" ## PROPOSAL CALL / TENDER SISISIT This system is usually employed lor the lease, or other disposition oI commercial and industrial lots and takes the following form: A set price is established for such lots and applicants submit with their applications 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 conduct on the lots. The successful applinant is usually determined hy the Hamlet on the basis oi the best proposal submitted. ine advertisement printed in connection with the Proposal Call should include, in addition to those items identiiied in the Land Administration the following, - al the last day and time for the suhmission of applications: - date. blare at which the Hamlet will announre the - TIMP. and successiul application; - the criteria to be employed by the Hamlet in selecting the successiul application; - d) a leguest IOl documents of Information which will be required by the Hamlet in support of applications lestimated costs of construction, - drawings, specifications, eto.) - el a reguest iot any deposit that is required; - I ) the terms and conditions of any Logoo rhioh the pugoconful appliaant - will be required to enter into: - g) building standards which must be employed in the construction of improvements; and - bonds that the successful applicant may be required to Pay The Hamlet lo guarantee the cumpleliun ul construction oi improvements. LUVIIYYaUVU ## APPENDIX "E" ## LAND USE OPERATIONa The Hamlet may issue Land Use Permits ior those uses of land that will be ¡temporary) in nature. A permit may be issued for site investigation, the temporary storage of materials, eLc. One of the main İssuing a permit is the cuvilunmental impact of the temporary use. permit should unca for any undertaking that will be long term or permanent (construction of a building, etc.l. The following guide is to be used when completing an application ior land Use Permits. Operations ior which a land use pernit 1s required includesi - 1) the use of any explosive; - 2) the use, except on public Ioads of trails maintained of in part by public tunds, oi any vehicle that exceeds 4500 kgs (10.000 1bs) net vehicle TAiGnT. nt tha ice of any mahirle nf and maloht that avarte bracente on the ground oI 35 kps (5 1b5 per square inch); 3. che use oi any self propelled power diiven machine for moviny easth vi clearing land; - 4) the use of any power driven machinery for earth drilling purposes, the 5. sparating weight of which exceeda 459 kgs (1000 lbs); 6. the establishment of any campsite that is to be used in excess of 50 man days; 7. levelling, grading, clearing or cutting of any trails of right-otracter in 8. way chocoding ridth (6 icce). and - 7) the establishment of any petroleum cache in excess of 1300 lities (300 gallons). .... ## APPENDIX "F° ## LAND USE PERMIT AFFLICATION L'ORM 1. APPLICANT - >. ADDRESS 3. ADDRESS OF HEAD OFFICE 4. LOCATION AND DESCRIPTION OF OPERATION, a) Attach a description & proposed techniques; bl Attach map and sketch of area. 5. BQUIPMENT - Type, size and purposa - FUEL - Type, volume, nethod of storage containment - b) Method of emptying and filling containers - T. METHOD OF WACTD DIOROSAL - AIlangements Planed fut disrusai ul garbage, sanitary waste and debris. - B. CONTRACTORS FUNCTION 10. NAME & ADDRESS OF FIELD SUPERVISOR 9. TIME SCHEDULE Start: Completion: 11. NO. OF EMPLOYEES 12. AREA USED (Hectare) 13. PERMIT FEE: 5 as detemined by resolution of council, - section 39. Signature TITLA Bata OFFICE USE : 11.01 1A4 100/ /902000 ## APPENDIX "G" ## APPLICATION FOR QUARRY PERMIT NAME IN FULL: ADDRESS: OCCUPATION: Does hereby apply for a quarry permit. for the purpose of taking cubic meters of (type of material) Irom - the lands indicated on a sketch of described a followe to De used for Is any of the land occupied? If so, by whom and for what purpose? 2. PeImit feet QuaIIy İee: Restoration fee: Road Maintenance fee: Administration , fee: 50.00 - [ ] tests pes \_ per cubic/meter per cubic/meter peI cubic/meter - [ ] \_ per cubic/meter TUIAL FEES DUE t -. - - Charges as per resolution of Council: Section 40 (b), (c), (d) Signature of Applicant Date OLFICE USE: - ·. ..·  P.O. Box 149 3022 - 4* Avenue Baker Lake, NU XOC OA0 Bylaw No. 201 Land Administration Amendment A by-law of the Municipal Corporation of the Hamlet of Baker Lake (hereafter "the Hamlet") to provide for the administration of Municipal Lands and lands provided for in subsection 14.1.1(b) and Article 14, Part 5 of the Nunavut Land Claims Agreement, pursuant to Sections 53.4 and 53.5 of the Hamlets Act, R.S.N.W.T. 1988, c.H-1, as duplicated for Nunavut by s.29 of the Nunavut Act, S.C. 1993, c.28; and as amended by S. Nu. 2003, c.3, An Act to Amend the Hamlets Act, (hereafter the Act") WHEREAS, the Council of the Municipal Corporation of the Hamlet of Baker Lake has adopted a land administration by-law in accordance with the Hamlets Act, and WHEREAS, the Council has reviewed the Land Administration By-Law and decided to changes sections to reflect current conditions should be made, NOW THEREFORE, the Municipal Corporations of the Hamlet of Baker Lake, at a duly assembled meeting, enacts as follows: ## 1. SHORT TITLE This by-law may be cited as the "Land Administration Amendment". 2. AMENDMENTS to Land Administration By-law No. 93 are as follows: - i) The addition of the following to section 2 - o) "Standard Lease" means a lease which has an annual payment but does not accumulate equity unless converted to an equity lease; - p) " Equity Lease" means a lease for which all lease payments are credited against the total lot price until such time as the lot price is paid in full, at which time lease payments are $1.00 per year. Hamlet of Baker Lake Land Administration By-law By-law #201 Page 02 - ii) Remove section 12 and insert the following ## Terms and conditions for Land Disposal - 12 a) The standard term of all lease documents shall be a minimum of: - 30 years for residential - 30 years for commercial - 30 years for industrial - b) The term of lease referred in 12a) may be increased at the discretion of the Council based on the nature and value of improvements to be constructed, provided that the lessee, in writing gives reasons for the need of an extension. Extension to a lease will not unreasonably be denied - c) The terms of all other leases will be at Council's discretion. - d) Renewal of a lease will not be unreasonably withheld. - iii) Remove section 25 and insert the following: ## LEASE RATES ## 25(a) Standard Lease Rates - i) The standard lease rate per lot or portion of a lot will be 4% of the lot price - a. $340.00 per year for lots up to 750 square metres, or; - b. S0.45 per square metre calculated on area over 750 square metres, with a minimum rate of $340.00 per year. 4. ii) Council may vary the standard lease rate for dispositions of land to non-profit organizations. 5. iii) The standard lease rate may be reviewed annually, with the lessee being notified of any changes to the standard lease rate a minimum of ninety (90) days before the five year anniversary date of the standard lease. Hamlet of Baker Lake Land Administration By-law By-law #201 Page 03 ## 25(b) Equity Lease Rates - i) For new leases on new lots, Council shall issue equity leases. 2. ii) Where Equity lease are required for new lots, 10% of the price must be paid at the time of signing of the equity lease and the remained must be paid within sixty (60) days of the signing of the Or Where equity lease are required for a 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 made in equal annual payments, over a period not to exceed 15 years from the commencement date of the equity lease. - iii) After all the equity lease payments are paid in full, the lease rate shall be $1.00 payable April 1$l each year. - iv) Not withstanding ii) above, payment of the balance of the lot price may be made at any time. - v) Where any portion of the rental is unpaid for more then thirty (30) days, a late payment fee of 1.5% per month shall be charged. Excluding leases that were written back dated up to the time that they are current upon which the late payment fee will come into effect. - vi) The term of all equity leases will be 30 years. - vii) If a lease is surrendered, rental paid by the Lessee shall be refunded except for the amount equal to 4.0% of the lot price per annum. vili) Council may vary the equity lease rate for dispositions of land to non-profit organizations. ## 25(c) Conversion of Existing Leases to Equity Leases - i) Council shall allow and encourage the conversion of existing standard leases to equity lease. 2. il) Conversion of a standard lease to an equity lease shall be at the written request of the lessee. 3. ili) The lot price shall be determined by the Replace Cost and may be adjusted by: - a) Applying a discount factor of 3% per year (being inflation factor), back to the year the lot was constructed - b) Applying site-specific factors - c) Deducting all previous lease payments made by the current lessee back to the current standard lease, or a preceding lease to the current lessee of the same property. 7. iv) Interest on overdue payments shall not be credited to the discount pursuant to section 25(c) iii), but shall none the less remain due and payable. Hamlet of Baker Lake Land Administration By-law By-law #201 Page 04 ## 25(c) Conversion of Existing Leases to Equity Leases continued  Where an existing standard lease is converted to an equity lease, 10% of the lot price as determined by f4*) above shall be paid at the time of signing of the equity lease and the remainder of the lot price shall be made in equal annual payments, over a period not to exceed 10 years from the commencement date of the equity lease, after which annual payment for the lease shall be One - Notwithstandingw) above, payment of the balance of the lot price may be made at any time. - By-law No. 93, containing the Land Administration By-law is hereby amended. - This Bylaw shall come into effect on the date of its third reading         READ the first time 4714 \_ day of FEGRUARY \_ 2010. Mayor David Aksawnee After due notice and a public hearing, Dennis Zettler, SAO READ a second time 4™" \_ day of MARCH Mayor David Aksawnee - 2010. Sitti s Dennis Zettler, SAO APPROVED by the Minister of Community and Government Services this Coth day of qualist, 2010. Minister of Community and Government Services Read a third time and finally passed this/46th day of SEPTEMBER I Chsau Mayor David Aksawnee \_ 2010. Setter: Denpis Zettler, SAC