This is the exact embedded text of the captured official document.
Snapshot 03404a761152 · verified 2026-06-04 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
-
""'c
..
8
..
.
.HAMLET
OF KIMMIRUT,
NT.
BY-LAW
NUMBER 53
A by-law
of
the Municipal
Corporation
of
the Hamlet
of Kimmirut
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
Kimmirut
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 KIMMIRUT, at
a duly
assembled
meeting,
enacts
as follows:
SHORT TITLE
1.
This
By-law
may be cited
as the
"Land Administration
By-law".
t)
INTERPRETATION
2.
In this
By-law:
a)
"Council"
means
the
Council
of
the
Municipal
Corporation
of
the Hamlet
of Kimmirut;
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);
I.
(8)
legal
surveys;
(9)
land
acquisitions
and disposal
costs;
(10)
financing
charges,
including
interest,
for
any loans
incurred
in developing
the
I
.8.
.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.
e)
"Land"
means
real
property
owned,
leased
or
otherwise
held
or
acquired
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,
Ic'p,
lease
or
other
disposition;
~'
g)
"Lot
Price"
means
the
valuation
of
a lot;
.
h)
"Market
Value"
means
the
value
of
a parcel
of
land
based
on the
amount
a willing
buyer
would
pay
r' :c.
to
a w~lling
seller.
Th~s
value
sha~l.
be
determJ.ned
by a professJ.onally
qualJ.fJ.ed
land
appraiser
or
by
public
tender
or
','0
auction;
'if",
, ,.;;
i)
"Minister"
means
the
Minister
of
Municipal
and
Community
Affairs;
j)
"Municipality"
means
the
Municipal
Corporation
of
the
Hamlet
of Kimmirut,
which
is
represented
by
the
Senior
Administrative
Officer
or
his
or
her
designate,
except
when
decisions
of
Council
are
required;
k)
"new lots"
means
vacant
lots
which
are
developed
after
the
date
of
this
By-law;
.
,II
-
.,.
-
I
.
~
8
i,
.;,
,
",
r~:C
.1)
"off
site
levy"
means
a surcharge
mle
(at
the
time
of
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
lands
being
leased,
but of direct,
though
not exclusive,
benefit
to the lessee;
~
m)
"replacement
cost"
means the
estimated
development
costs
for
'"C
a parcel
of land,
updated
to the current
"
year,
representing
the
costs
to develop
a
~1":~'
similar
lot
and
incorporation
of
any
I
site-specific
factors;
.,
n)
"Site-Specific
factors"
mean
factors
which
,may
be,
used,
where
applicable,
~n
add~ng
or
subtracting
up
to
25%
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 uses;
and
..~
(5)
proposed
land use;
and the addition
of site
specific
factors
for
new lots
shall
not
exceed development
cost
for
the entire
subdivision.
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 ACOUISITION
AND DISPOSAL OF LANDS
~.
Land speculation
will
be discouraged.
5.
Neither
the Municipality
nor
any authorized
representative
of theI-
,,""'.'
8
\,
.Municipality
shall
make or enter
into
any Offe~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;
and,
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 other
disposition
of land,
shall
be passed
pursuant
to Sections
132.2(4)
or 132.2(5)
of
the
Hamlets
Act,
until:
a)
it
has been established
through
a search
at
the
appropriate
Land
Registry
Office,
that
the
Municipality
may lawfully
acquire,
lease
or otherwise
dispose
of
the land;
.
b)
an inspection
of
the land
has been conducted
to determine:
(1)
if
the lands
are occupied;
"
(2)
if
there
are
any improvements
situate
on the
lands;
(3) if
there
are
any easements
affecting
the lands;
and,
(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
"
"
8
8
7.
a)
Subject
to subsection
7(c),
the Municipality
shall
not
lease
.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;
(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:
(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.
~_PPLICATIONS
FOR
LAND.
9.
The Municipality
shall
only
accept
a written
application
for
land
in
the
form of Appendix
C.
This
form
shall
contain,
but
not
be
limited
to:
"
."~';:
-,
8
.
a)
the
legal
name of
the
applicant
or appli~ts;
.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
tenancy
or
tenancy-in-
common;
e)
the signature
of
the
applicant
or applicants;
and
f)
an application
fee.
g)
declaration
of residency,
if
required.
10.
The Municipality
shall
keep a ledger
of all
lands
containing:
a)
a full
legal
description
of
the lands;
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.
I
11.
The ledger
kept pursuant
to Section
10 of this
By-law
shall
be open
to inspection
by the public
at the Municipal
office
during
normal
.~
business
hours.
TERMS AND CONDITIONS OF LAND DISPOSALS
12.
a)
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
referred
to in Section
12 a)
may be varied-.-
,
8
.
at
Council's
discretion
based
on the
n
ure
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)
the Canada Mortgage .and Housing
Corporation.
14.
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
.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
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
tQ consideration
by Council:
a)
written
explanation
for
the
delay
in construction;
and
b)
written
plan
to
complete
construction
within
the
extension
period;
c)
proof
of approved
financing;
.d)
development
permit
application;
e)
that
there
be no outstanding
debts
to the Municipality.
.8
.
17..
The Municipality
shall
not
lease
or otherwise~ispose
of new lots
by auction.
,.
The Municipality
shall
lease
land
by one or a combination
of
the
following
means:
a)
ballot
draw;
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,
when 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.
Category
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".
PRICING OF NRW LOTS
22.
The lot
price
for
any new lots
shall
be determined
by development
cost
including
any allowance
for
site
specific
factors.
.
23.
The Municipality
shall
recover
development
costs
in the valuation
of lands
for
disposal,
subject
to Section
24.
24.
The Municipality
may,
when it
is
unable
to
lease
or
otherwise
8
.."
8
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
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.
LEASE RATES
26.
Lease rates
a)
The annual
lease
rental
shall
be as follows:
(1) Residential:
5 percent
of lot
price
per
annum
(2) Commercial:
6 percent
of
lot
price
per
annum
(3) Industrial:
7 percent
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
organizations.
, .'
,"
r
8
8
27.
The Municipality
may permit
leases
to accumulate
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 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.
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
shall
place
all
of
site
levy
revenues
in
the
account
outlined
in Section
32,
to be used for
the purpose
set out
in Section
28.
LAND
DEVELOPMENT
RESERVE
ACCOUNT
32.
The Municipality
shall
open
and maintain
a separate
financial
account
in which all
revenue
obtained
from the leasing
or otherwise
.
.disposing
of lands,
including
off-site
levies,
will
be placed.
33.
The Municipality
shall,
in regards
to the account
identified
in
'\:
r ~~~
8
--I
~
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 LANDS
34.
The Municipality
shall
encourage
the
utilization
of
the
private
sector
in the development
of lands
only if:
"~
II
a)
the Municipality
has prepared
a cost
estimate
of
the project
II
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 a).
35.
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.
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;
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;
8"
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
with1111111111
,
-
8
-
.regard
to
36(a),
36(b)
or
36(c)
abov'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;
d)
satisfactory
completion
of improvements.
LEASE 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.
CANCELLATION OF LEASE.-
P""!;;;:
-
;~;),
...
,;
,
8
.
,
,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 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.
QUARRIES
41.
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}
Prior
to
the
issuance
of
a quarry
permit,
the
Municipality
shall,
by Council
resolution,
establish
quarry
fees
and any
exemptions
to such fees:
c}
Fees established
under
Section
41(b}
shall
reflect
the cost
of
Co'
j,:,!:~~.
development,
operation,
maintenance,
administration
and
restoration
of quarries;
d}
All
quarry
fees
shall
be
placed
in
a separate
financial
account
42.
LAND USE PERMITS
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
"G".
.
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
43.
Council
may by resolution
adopt
standard
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
"F"
Land
Use Operations
APPENDIX
"G"
Applica
tion
for
Land
Use Permit
45.
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.
.
8
8
Read a first
time
this
25
day of
.Sf-j") If/\..\
g E Q
, 19 7L- .
.
,.-/
I
/
,
-:
/
A ~ ~~ :z::Z~;;: ~
~ (,
Mayor
Senior Administrative
Officer
-"7
t\ \
' -i'>
-~
-i.L
Read a second
time
this
\~
day of
I"CI.t=f\"\'::>~\
, 19 '-r'}.
I
--/
t\. --~::~:~
~ -~
,/~ <::
,
Mayor
Senior
Administrative
Officer
.Approved
by the Minister
of the Municipal
and Community Affairs
thiS},Y
day of
~\~(2.Q1t
, 19C-j .
.,r
,/
MUNICIPAL AND COMMUNITY AFFAIRS
01
.~
(
Read a third
time
and finally
passed
this
2 5" day of
J
~ ~ y
,
19 ~ 7 ./-""'1
.'
.'
,~
.'"
~/
_0.
".----~c~~~
,~
.
r
~--
i
"
L,
.MaYOr
Administrative
Officer
.8
APPENDIX "A"
.HAMLET
OF KIMMIRUT,
NT
BY -LAW
NUMBER
A by-law
of the Municipal
Corporation
of
the Hamlet of Kimmirut
in the
Northwest
Territories
to
acquire
real
property,
pursuant
to
the
provisions
of the Hamlets
A~r,
R.S.N.W.T,
1988 c. H-1,
s.
132.2
AS the
Council
of
the Hamlet
of
Kimmirut
deems it
to be in
the public
interest
to acquire
the land
described
hereunder;
NOW, THEREFORE, THE COUNCIL OF THE HAMLET OF KIMMIRUT,
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 Kimmirut
to purchase
from the
Commissioner
of
the Northwest
Territories
for
the
sum of
($
) the land
described
below:
.
Lot
()
in
the Hamlet
of
Kimmirut
in
the
Northwest
Territories
according
to plan
of
survey
filed
in
the Land Titles
Office
for
the Northwest
Territories
under number.
2.
That
the said
land
shall
be acquired
for
municipal
purposes.
Read a first
time
this
day of
,
19
.
Mayor
Senior
Administrative
Officer
Read a second
time
this
day of
,
19
.
.
Mayor
Senior
Administrative
Officer
, ,
8
8
.Read
a third
time and finally
passed this
day of
,
19
Mayor
Senior Administrative
Officer
.
.
~'"~
..,
.
e
..
APPENDIX "B"
.HAMLET
OF KIMMIRUT,
NT
BY-LAW NUMBER
A by-law
of
the Municipal
Corporation
of the Hamlet
of Kimmirut
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
Kimmirut
deems it
to be in
the
public
interest
to dispose
of
the land
described
hereunder;
NOW, THEREFORE, THE COUNCIL OF THE HAMLET OF KIMMIRUT,
at
a duly
assembled
meeting,
enacts
as follows:
1.
That
the whole of Lot
( ) in
the Hamlet
of
Kimmirut
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.
I
2.
The
Mayor
and
the
Senior
Administrative
Officer
are
hereby
authorized
on behalf
of
the Hamlet of Kimmirut
to execute
a lease
agreement
for
those lots
described
in "Schedule
A",
attached
to and
forming
part
of
this
by-law.
Read a first
time
this
day of
,
19
.
Mayor
Senior
Administrative
Officer
.
Read a second
time
this
day of
,
19
.
8
:8
.
.Mayor
Senior
Administrative
Officer
Read a third
time
and finally
passed
this
day of
,
19
.
Mayor
Senior
Administrative
Officer
.
.
e
'8
, '
(SAMPLE
APPLICATION
FORM)
.APPENDIX
"c"
APPLICATION
FOR
LAND
IN
THE
HAMLET
OF
KIMMIRUT
PART
1
1.
MR.
MS.
MRS.
MISS
Age
19+
YES
0
NO
0
[CIRCLE
ONE]
[SURNAME
OF
APPLICANT]
[FIRST
& OTHER
NAMES
OF APPLICANT;
ADDRESS
APPLICANT'S FULL MAILING ADDRESS INCLUDING COMMUNITY NAME AND POSTAL CODE
HOME PHONE it
WORK it
OCCUPATION
EMPLOYED
BY
II
[APPLICANT'S
JOB TITLE,
TRADE, BUSINESS ETC.]
.MR.
MS.
MRS.
MISS
Age
19+
YES
C
NO
C
[CIRCLE ONE]
[SURNAME OF APPLICANT'S SPOUSE]
[FIRST
& OTHER NAMES OF SPOUSE]
.OCCUPATION
EMPLOYED
BY
[SPOUSE'S JOB TITLE,
TRADE, BUSINESS ETC.]
MR.
MS.
MRS.
MISS
[CIRCLE ONE]
[LIST
THE FULL NAME OF THE CONTACT PERSON FOR THIS APPLICATION !F DIFFERENT THAN
II
THE APPLICANT, OR IF THE APPLICANT IS A BUSINESS ETC.]
PI
ADDRESS
PHONE it
(CONTACT PERSON'S FULL MAILING ADDRESS IF DIFFERENT TF~N APPLICANT'S]
I
2.
THE UNDERSIGNED
HEREBY MAKE APPLICATION
TO
THE LAND DESCRIBED
AS FOLLOWS:
(LEASE,
PURCHASE]
[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
NUMEER
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 LAND OUTLINED IN RED.]
IF
THERE
IS
MORE THAN ONE APPLICANT
DO YOU WISH:
JOINT
TENANCY
C OR TENANTS
IN
COMMON C
83.
THE LAND WILL BE USED FOR
RESIDENTIAL C IF "OTHER", PLEASE SPECIFY:
COMMERCIAL C
INDUSTRIAL
C
OTHER
C
..'
'I
8
8
4.
ARE THERE ANY BUILDINGS OR IMPROVEMENTS ON THE LAND NOW? YES 0 NO 0
IF YES, WILL THESE IMPROVEMENTS BE REMOVED? YES 0 NO 0
..EXISTING
IMPROVEMENTS HAVE A VALUE OF $
, AND ARE DESCRIBED AS
FOLLOWS:
NAME OF OWNER OF EXISTING IMPROVEMENTS:
(IF
EXISTING
IMPROVEMENTS ARE TO REMAIN ON THE
LAND YOU ARE APPLYING FOR PLEASE ATTACH YOUR
PROOF OF OWNERSHIP.]
5.
THE UNDERSIGNED AGREE TO CONSTRUCT THE FOLLOWING IMPROVEMENTS:
THE ESTIMATED VALUE OF THESE IMPROVEMENTS IS $
AND WILL REQUIRE
APPROXIMATELY
MONTHS TO COMPLETE.
6.
THE UNDERSIGNED UNDERSTAND THAT FAILURE TO COMPLY WITH ANY TERMS AND CONDITIONS
OF THE LEASE [OR AGREEMENT FOR SALE] WILL BE GROUNDS FOR CANCELLATION OF THE SAID
INSTRUMENT.
4t
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.
I
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-LAWS AND
BUILDING STANDARDS.
.
8
8
APPLICATION
FORM PAGE TWO
..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 SHOWING LOCATION OF ALL
PRESENT AND PROPOSED BUILDINGS
AND
IMPROVEMENTS CONCERNING 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 THE
APPLICANT'S
RESPONSIBILITY TO FURNISH THE SAME INFORMATION TO THE LOCAL COUNCIL,
OR PUBLIC HEALTH AUTHORITIES IF DEEMED NECESSARY BY THEM ON WHICH TO BASE THEIR
RECOMMENDATION.
11.
THIS APPLICATION WILL NOT BE CONSIDERED UNLESS ACCOMPANIED BY A DEPOSIT OF ---
($
) 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 MAY BE REQUIRED UNDER THE
REGULATIONS 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 AND MAINTAINING
ANY PUBLIC UTILITY.
..
SIGNATURE OF APPLICANT
DATE
SIGNATURE OF CO-APPLICANT
DATE
8
18
.,
APPENDIX "D"
.
SAMPLE GUIDELINES
FOR PROPOSAL CALLS
PROPOSAL CALL / 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
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
to conduct
on the lots.
The successful
applicant
is
usually
determined
by the Municipality
on the basis
of the best proposal
submitted.
The advertisement
printed
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;
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 selecting
the successful
application;
d)
a request
for
documents
or information
which will
be required
by the
Municipality
in
support
of
applications
(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
..'
,..8
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.
.
.
"
..18
APPENDIX
"E" ..
APPLICATION
FOR QUARRY PERMIT
.
1.
NAME IN FULL:
2.
ADDRESS:
3.
OCCUPATION:
4.
Does hereby
apply
for
a quarry
permit
for
the
purposes
of
taking
cubic metres of
(type of material)
.
from the lands indicated
on a sketch or described
as follows:
.be used for
(details
of project,
location,etc).
5.
Method used to transport
quarry material.
6.
Are you using a subcontractor
to quarry the material
for
you?
Yes
D
No
D
If yes,
please indicate
the name of the subcontractor.
.
"
I'
I
.8
.. 7.
Permit fee:
Flat rate:
.Royalties:
--c
per cubic/metre:
$
Restoration
fee:
--c
per cubic/metre:
$
Road Maintenance fee:
--c
per cubic/metre:
$
Quarry Administration
fee:
--c
per cubic/metre:
$
TOTAL FEES DUE:$
Date:
Signature
of Applicant
.
.
,I
.8
,
.APPENDIX
nFn
.LAND
USE OPERATIONS
Operations
for
which
a land
use permit
is
required
include:
1.
The use of
any form of explosive.
2.
The use,
except
on public
roads
or trails
maintained
wholly
or
in part
by public
funds,
of
any vehicle
that
exceeds
4500 Kgs.
(10000 lbs.)
net
vehicle
weight,
or
the
use of
any vehicle
of
any weight
that
exerts
pressure
on the ground
in excess
of 35 Kpa (5 lbs per
square inch).
3.
The use of
any self
propelled
power driven
machine
for
moving
earth
or
clearing
land.
(excluding
quarrying)
4.
The use of
any power
driven
machinery
for
earth
drilling
purposes,
the
operating
weight
of which exceeds
450 Kgs (1000 lbs.).
5.
The establishment
of any campsite
that
is
to be used in excess
of 50 man
days.
6.
The levelling,
grading,
clearing
or cutting
of
any line
trail
or right-
of-way
exceeding
two metres
in width
(6 feet).
7.
The establishment
of
any petroleum
cache in excess
of
1300 litres
(300
gallons)
.
.Any
other
use where the municipality
deems it
necessary.
.
~
"
~;;" -1111111111
..8
-1111111
, ..
APPENDIX "G"
8
APPLICATION FOR LAND USE PERMIT
1.
APPLICANT:
2.
ADDRESS:
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
5.
EQUIPMENT:
Type,
size
and
purpose
8.
FUEL:
a)
Type,
volume,
method
of
storage
containment
r
b)
Method
of
emptying
and
filling
containers
7.
METHOD
OF WASTE DISPOSAL:
I
Arrangements
planned for
disposal
of garbage,
sanitary
waste and debris
8.
CONTRACTORS
AND FUNCTIONS:
9.
TIME
SCHEDULE:
8
a)
Start:
b)
Completinno
..-,
--"',
P
i
",;
i
,..
\
:;:
8
..
..
c)
NAME AND ADDRESS OF FIELD SUPERVISOR:
.-
10.
NUMBER OF EMPLOYEES:
11.
AREA USED: (Hectares)
Signature
Titl~
Date
.
~ii~
-