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HomeMy WebLinkAbout2011-011THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011-011 being a by-law to govern the sale and other disposition of surplus municipal land WHEREAS Subsection 270(1) of the Municipal Act, 2001 provides that municipalities shall adopt and maintain policies with respect to the sale and other disposition of land, the circumstances in which the municipality shall provide notice to the public, and the delegation of its powers and duties; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: PART 1 — INTERPRETATION Definitions 1. In this By-law: "CAO" means the Municipality's Chief Administrative Officer or a designate; "Clerk" means the Municipal Clerk; "Council" means the Council of the Municipality; "Municipality" means the Corporation of the Municipality of Clarington; and "Sale" includes a lease of 21 years or longer. Word Usage 2. This by-law shall be read with all changes in gender or number as the context may require. 3. A grammatical variation of a defined word or expression has a corresponding meaning. Severability 4. Should any section or part of this by-law be held by a Court of competent jurisdiction to be invalid, the remainder of this by-law shall not be affected. References to Legislation 5. In this by-law, reference to any Act is reference to that Act as it is amended or re- enacted from time to time. Construction 6. Except where otherwise noted, any reference in this by-law to a section or clause is to a section or clause in this by-law. PART 2 — PROCEDURES Proposed Sale of Land 7. Before selling any land, Council shall: (a) declare the land to be surplus; (b) obtain at least one appraisal or letter of opinion of fair market value of the land to be sold from a qualified appraiser; and (c) give notice to the public in accordance with Section 11. Means of Selling 8. The Municipality may promote and effect the sale of land by any available means including: (a) advertising within a newspaper of general circulation; (b) offering the land for sale by way of tender or proposal call; (c) listing the land with a registered real estate agent or broker; (d) posting a "for sale" sign on the land; and/or (e) exchanging of land. Appraisal Exemptions 9. Clause 7(b) shall not apply to the following classes of land: (a) land repurchased by an owner in accordance with section 42 of the Expropriations Act; and (b) land sold under section 107 (General Power to Make Grants) or section 108 (Small Business Programs) of the Municipal Act, 2001. 10. Clause 7(b) shall not apply to the sale of land to the following public bodies: (a) a municipality; (b) a local board as defined in the Municipal Act, 2001; (c) a school board; (d) a conservation authority; and (e) the Crown in right of Ontario or of Canada and their agencies. Notice 11. Before any land is sold, the Clerk shall give notice to the public of the Municipality's intention to sell the land in one or both of the following forms: (a) by publication of an advertisement in a newspaper of general circulation prior to the date of the meeting of Council at which the proposed sale is to be considered; and/or (b) by posting notice on the Municipality's website. Consultation 12. All Department Heads shall be advised and be given an opportunity to comment on any proposed sale or other disposition of land. Request for Acquisition 13. All requests from private land owners that the Municipality acquire all or a portion of the owner's land shall be directed to the Planning Services Department. The Planning Services Department shall coordinate the circulation of all such requests to all Department Heads for review and comment. Upon receipt of all comments, the owner shall be notified in writing whether there is any interest in acquiring the land. Official Plan Conformity 14. All sales and purchases made in accordance with this by-law must conform to the Clarington Official Plan. Delegation 15. The CAO shall have the authority to enter into agreements and sign all documents necessary to sell or acquire the fee simple interest in any land required for public infrastructure purposes, or any interest in land for temporary and permanent easements and rights-of-way, encroachment agreements, and leases and licences provided, (a) the consideration paid or received for the land or the interest in land does not exceed $10,000.00; (b) no other Municipal interests will be adversely affected by the conveyance; (c) for all sales, the party acquiring the land or the interest in land pays all transaction costs and enters into an agreement that is acceptable to the Municipal Solicitor; and (d) the Finance Department is advised of the sale or purchase for the purpose of maintaining an up-to-date tangible capital asset listing. 16. The CAO and the Director of Planning Services shall have the authority to engage consultants to prepare environmental site assessments, environmental impact assessments, natural heritage evaluations, or any similar study that may be required prior to the sale of land. Application 17. This by-law shall not apply to: (a) road allowances that are sold in accordance with the Council approved Policy and Procedure for Road Closure and Conveyance; (b) land or an interest in land that is sold or acquired in accordance with section 13; (c) land that the Municipality is obligated to sell pursuant to a prior agreement; (d) land sold under section 110 (Municipal Capital Facilities) of the Municipal Act, 2001; and (e) land sold under Part XI (Sale of Land for Tax Arrears) of the Municipal Act, 2001. Sale Proceeds 18. All proceeds from the sale of land shall be deposited into the appropriate account as determined by the Director of Finance. PART 3 — GENERAL Repeal 19. By-law 95-22 is repealed. Effective Date 20. This By-law shall take effect on the date that it is passed by Council. BY-LAW read a first time this 31St day of January, 2011 BY-LAW read a second time 31St day of January, 2011 BY-LAW read a third time and finally passed this 31St day of January, 2011 - Municipal