By-Law 416 to Amend By-Law 348 For The Interpretation of the Planning by Law

WHEREAS Council deems it advisable to amend the Interpretation and Administration of By-Law Number 348;

WHEREAS Councilor Keith Harris gave notice of motion at the Council meeting held January 24, 2017 to amend by-law number 348 for the Interpretation and Administration of the Planning By-law and this will also include the changes to provisions specifying in which cases the establishment of new residences is allowed within the dynamic agricultural land use designation;

WHEREAS the Planning Advisory Committee has recommended that the Interpretation & Administration of the Planning By-law number 348 be amended as follows;

THEREFORE the Council of the Municipality of Shawville enacts as follows:

Chapter 1 Declaratory and Interpretive Provisions

1.1     Interpretation & Administration By-law #348 change to 416

1.3  Zoning By-law # change to 417 Subdivision By-law #change to 418 Construction

By-law # change to 419 Planning By-law # change to 415

 1.9.2Change wording to read When a ratepayer REQUESTS to have of the planning by-laws amended etc.

1.12 Zoning By-law # change to 417 Subdivision By-law # change to 418 Construction By-law # change to 419

Chapter 2 Interpretive Provisions Article 2.1 Interpretation of Text

The titles listed in this by-law are an integral part of it. In cases of contradiction between the text and the titles, the text shall prevail.

It is understood that the present verb tense encompasses the future.

The singular form also refers to the plural form, and vice-versa, unless the meaning clearly shows that it cannot logically apply.

The male gender includes the female gender, unless the contact indicates otherwise.

With the use of the words “should or “shall”, the obligation is definite. The word “may” carries the meaning of a possibility.

Article 2.2 Measurements Units

All measurement units in this by-law are indicated under the international units system, i.e. the Metric System.

Article 2.3 Terminology

For the interpretation of this by-law unless the context calls for a different interpretation, the following words and expressions shall have the sense and meaning attributed to them in this article.

Lake and Water stream shoreline

Strip of land alongside a lake or water stream. Commonly referred to as waterfront, it has a depth of 300 meters when alongside a lake and a depth of 100 meters when alongside a water stream. Any wetland contiguous to a lake water stream is an integral part of it.

Cultivated Field

Patch of land used, among other things, to grow hay, grains small berries, fruit trees, grape vines or as grazing land for livestock on which land farming can be done.

Water Stream

All streams of water of steady or intermittent flow, including those that have been created or modified by human intervention.

Are included in this definition: road ditches, party ditches, as defined in Article 1002 of the Quebec Civil Code and drainage ditches that meet the following conditions:

-Used only for drainage and irrigation;

-Only exists due to human intervention;

-Has a watershed surface area of less than 100 hectares

CPTAQ

Commission de protection du territoire agricole du Québec

Destructed Tract

Isolated area of limited size and restructured due to the addition over time of non-agricultural uses and within which there are rare vacant lots that are closed off and cannot be recovered for agricultural purposes.

Lau

Act respecting Land Use Planning and Development

Legal Person

Corporation, Director, Businesses, Non-profit organizations

Lot

Parcel of land identified and delineated on a cadastral map and submitted in accordance with Articles 3036 and 3037 of the Quebec Civil Code

LPTAA

Act respecting the Preservation of Agricultural Land and Agricultural Activities

MDDELCC

Department of Sustainable Development, the Environment and the Fight against Climate change

Wetland

Area that is inundated or saturated with water for a sufficiently long period of time to influence the nature of the soil and composition of vegetation

The main types of wetlands include, but are not limited to ponds, marches, swamps and peatlands; they differ mainly in the type of vegetation they contain.

Fragmentation

Division of a territory of land into several lots.

MRC

Pontiac Regional County Municipality

Replotting

Regrouping of contiguous lots or parts of lots forma single piece of land.

Residence

Building that is intended for human habitation with only one dwelling (single-family detached residence, including summer cottages, but excluding hunting camps and basic shelters).

Public Road

Piece of land owned by the federal or provincial governments or by the municipality and used for vehicular traffic.

Private Road

Any road that is not under the jurisdiction of a municipality or the government and that gives access to properties that depend on them.

TAQ

Tribunal administrative du Québec

Land Unit

One or more contiguous lots or parts of lots, or that would be contiguous according to Articles 28 and 29 of the LPTAA, and that are part of the same estate.

Vacant Land Unit

Land unit on which there is no immovable property intended for residential purposes (residence or cottage), but that can include a basic shelter one or more ancillary residential buildings, farm, commercial, industrial or institutional buildings.

UPA

Union des producteurs agricoles/Québec Farmer’s Association

SECTION 1

Destructured tracts, according to the mapping attached to this by-law, identified in decision number 377560 of the CPTAQ are as follows:

Type 1 destructured tracts; land units can be parceled out according to this by-law;

Type 2 destructured tracts: land units cannot be parceled out and must be vacant as of June 25, 2013

SECTION 2

Dynamic agricultural, viable agricultural and agro­ forestry designations correspondence respectively to the dynamic agricultural, viable agricultural and ago­ forestry environments of the permanent agricultural zone according to the mapping attached to this by-law and as identified in decision number 377560 of the CPTAQ, which stipulates that the establishment of new residences is possible on vacant land units as of June 25, 2013 that have sufficient surface areas to avoid destructuring of the agricultural zone.

Designation are established as follows:

Dynamic agricultural or more Vacant land unit of 100 hectares

Viable agricultural            Vacant land unit of 10 hectares or more

Viable agricultural environment

Agro-forestry        Vacant land unit of 10 hectares or

more

Agro-forestry environment

Permanent Agricultural Zone

Part of a local municipality’s territory within the MRC, described in the technical plans and description developed and adopted in accordance with Articles 49 and 50 of the LPTAA.

Articles 2.2 Measurements Units All measurements

2.3.64 Take out (The word family should also include domestic servants, nursing aids and not more than

2 boarders or lodgers.

2.3.66 Change last paragraph to read any property or lot with an indoor or outdoor pool must provide fencing in accordance with the Municipal By-law.

2.3.144 Take out “and Certificates and or certificate” Take (C) out totally “The certification of authorization is the document required for any change in the use or the purpose to which a building is put, for any demolition work, for the temporary use, etc.” as the building inspector does not use these.

2.3.205 Change last sentence to read Swimming pools are subject to the Municipal By-law.

2.3.208 Take out completely as it is referred to in

2.3.210 and change following numbers

Chapter 3 Administration of the Planning By-Law

3.1     Take out Certificates in title and in paragraph replace with permits

3. 1. 1 Article 4 add the word ln forty eight hours and change item 7 to item 5

3 .1.  3 Article 5 Change wording “No person may perform any excavation and other work on public and/or private property or above or below public property, nor construct or place thereupon any structure, any work or store anything there on before having received a permit to this effect from the administration concerned.”

Chapter 4 Provisions Pertaining to the Issuance of Permits

Take out “And Certificates” out of title

4.1     Take out “Or Certificate”

4. 4 Change the word certificate to Permit in the title and first paragraph

4. 4. 1 Change the word certificate to Permit in title and in first and fourth paragraphs

4. 4. 2 Change the word certificate to Permit in title, in

first sentence, and article 6.

4.4.3 Change the word certificate to Permit in the title and first paragraph

4.4.4 Change the word certificate to Permit in the title and first paragraph

4.5. Change the word certificate to Permit

4.5.1 Change the word certificate to Permit in the title and first paragraph

4.5.2 Change the word certificate to Permit in the title and twice in first paragraph

4. 5. 3 Change the word certificate to Permit in the title

4.5.4 Change the word certificate to Permit in the title and first paragraph

4.5.5 Change the word certificate to Permit in the title and first paragraph

4.5.6 Change the word certificate to Permit in the title and first paragraph

4.6 Change the word certificate to Permit in the title and first paragraph

4.6.1 Change the word certificate to Permit in the title and first paragraph

4.6.2 Change the word certificate to Permit in the title and first paragraph

4. 6. 3      Change the word certificate to Permit in the title

4. 6. 4      Change the word certificate to Permit in the title and first paragraph

4. 6. 5      Change the word certificate to Permit in the title and twice in first paragraph

4. 7       Change the word certificate to Permit in the title

4. 7. 1      Change by law number from 349 to 417   in first paragraph

4.7.2        Change the word certificate to Permit in the title and first paragraph

4. 7. 3      Change the word certificate to Permit in the title

4. 7. 4       Change the word certificate to Permit in the title and first paragraph

4. 7. 5      Change the word certificate to Permit in the title and    twice in the first paragraph

4.8 Change the word certificate to Permit ln the title

4.8.1 Change the word certificate to Permit in the title and first paragraph

4. 8. 2        Change the word certificate to Permit in the title and first paragraph

4.8.3       Change the word certificate to Permit in the title and first paragraph

4. 8. 4      Change the word certificate to Permit in the title and twice in the first paragraph

4.8.5   Change the word certificate to Permit in the title and twice in the first paragraph

Add the permit of authorization to post signs is valid for a period of six (6) MONTHS and after this time period has elapsed add if the sign has not been erected

4.9 Change the word certificate to Permit in the title

4. 9 .1 Change the word certificate to Permit in the title and in the first paragraph

4. 9. 2 Change the word certificate to Permit in the title and in the first paragraph

4.9.3 Change the word certificate to Permit in first paragraph. Add at end of paragraph “Unless Municipal Town Men can perform a simple water shut off at a present cost of $25.00.

4.9.5 Change the word certificate to Permit in the title and in the first paragraph

4.9.6 Change the word certificate to Permit in the title and twice in the first paragraph

4.10 Change the word certificate to Permit in the title

4.10.1 Change the word certificate to Permit in the first paragraph

4.10.2 Change the word certificate to Permit in the tit::.e and in the first and second paragraph

4.10.3 Change the word certificate to Permit in the title and the first paragraph

4.10.4 Change the word certificate to Permit in the title and in the first and second paragraph

4.10.5 Change the word certificate to Permit in the title and twice in the first paragraph

4.11 Take out the words “Or Certificate” in title

4.12 Take out the words “And Certificates” in title and the words “And Certificates” twice in first paragraph and “Nor Certificate and Or Certificate” in second paragraph

6.2 Take out the words “Or of a certificate of authorization”

6.3 Provision regarding the Quebec Department of Transport Highway Road Network

For any land unit contiguous to the right of way of the Quebec department highway road network, it is necessary to get a permit from the said Department before any subdivision, work or construction may be undertaken.

This permit shall indeed be granted before a local

municipality may give a subdivision permit or a building permit related to the establishment of a principal building.

Final Provisions

Article 7.1 Legal Action (NEW ADDITION)

Under this by-Law, Council authorizes the designated officer to initiate legal proceedings against any person who violated any provision of this by-law and therefore generally allows these officers to issue infraction notices necessary for this purpose as they are responsible for enforcing this by-law.

Offense Punishable by a fine

Anyone who violates any provision of this by-law commits an offense and is liable to a fine

First Offense:

A minimum fine of $300 if the offender is an individual and $500 if the offender is a legal person

• The maximum fine that may be imposed is $1000 if the offender is an individual and $2000 if the offender is a legal person

Subsequent Offences;

• A minimum fine of $500 for a subsequent offense if the offender is an individual and a minimum fine of

$2000 for a subsequent offense if the offender is a legal person;

• The maximum fine for each subsequent is $2000 if the offender is an individual and $4000 if the offender is a legal person

In all cases the costs of prosecution are extra.

The deadlines for payment of fines and fees imposed under this article and the consequences of failure to pay those fines and fees on time are prepared in accordance with the Quebec Code of Penal Procedure

If an offense lasts more than one day, the offense committed each day constitutes a separate offense and the penalties imposed for each offense rnay be imposed for each day the offense continues under this article.

Article 7.2 Alternative Recourses

In addition to legal prosecution, the MRC may exercise before the civil courts, all other proceeding necessary to enforce the provisions of this By-law. More specifically, the MRC can obtain an order from the Quebec Superior Court to stop a use of land or construction project inconsistent with this By-law and execute the required work, including demolition of any buildings and re-establishment of the land.

The MRC may request permission to perform this work at the expense of the owner of the immovable. The cost of such work is applied against the immovable, a11 in accordance with the law

Article 7.3 Person Party to the Offense

A person who does or omits to do anything to help a person comm.it an offense under this By-law or who advises, encourages or incites a person to commit an offense, also commits the offense and is liable to the same fine.

Article 7.4 Aiding and Abetting

A director or officer of a legal person who induces this legal person by an order, authorization, advice or encouragement to refuse or neglect to comply with this

By-law commits an offense and is liable to the same fine.

Article 7.5 Misrepresentation

Also commits an offense and is punishable by fines a person who make a false or misleading declaration to the designated officer in order to obtain a certificate of authorization, permit, permission or approval issued under this by-law.

Article 1

The present By-Law Number 416 is amended according to the recommendations from the Planning Advisory Committee

Article 2

A booklet has been prepared by the Planning Advisory Committee for complete text for the amendments to By-Law 348

Amendment Procedure

The provisions in this By-law may or repealed by an approved by-law to 137 of the Act respecting Development (R.S.Q., C. A l9.l).

only be adopted, amended pursuant to sections 123 Land Use Planning and

The first draft of By-Law number 416 was read and adopted on a motion by Bill McCleary and seconded by Keith Harris, on a regular meeting of Council held February 28, 2017 and will come into force according to law.

A public consultation meeting was held Thursday March 23, 2017

The second draft of By-Law number 416 was read and adopted on a motion by Bill Hobbs and seconded by Keith Harris, on a regular meeting of Council held February 28, 2017 and will came into force according to law.

The final draft of By-Law number 416 was read and adopted on a motion by Bill Hobbs, and seconded by Keith Harris, at a regular meeting of Council held May 23, 2017, and will come into force according to law.

Article 3 COMING INTO FORCE

 

This By-Law shall come into force according to Law.

The amendment to By-Law number 416 was read and adopted on a motion by Bill McCleary and seconded by Bill Hobbs, on a regular meeting of Council held August 8, 2017 and will come into force according to law. Carried

CERTIFICATE OF PUBLICATION

I, the undersigned, residing at 580 King Street, Shawville, Quebec, do hereby certify under my oath of office, that I have published the public notice concerning By-Law No.416 by posting two copies thereof, at the places designated by the Council between the hours of two and four o’clock in the afternoon, on the 10th day of August 2017.

In testimony whereof, I give this certificate of publication on this 10th day of August, 2017.

Crystal Webb

Secretary Treasurer