The Municipal Corporation of the Town of Fort Erie BY-LAW NO. 007-2007 BEING A BY-LAW TO EXEMPT CERTAIN LOTS IN REGISTERED PLANS 152, NP 492 AND 86, NP 426 FROM PART LOT CONTROL PURSUANT TO SECTION 50 OF THE PLANNING ACT 1990 (DEXTER DEVELOPMENTS INC./BRIAN STREET) AND TO REPEAL BY-LAWS 245-2004 AND 219-05 WHEREAS Subsection 5 of Section 50 of the Planning Act, R.S.O. 1990, c.p.13 provides interalia that where land is within a plan of subdivision registered before or after the coming into force of that subsection, no person shall convey a part of any lot or block of land by way of a deed or transfer or grant, assign or exercise a power of appointment in respect of a part of any lot or block of land or mortgage or charge a part of any lot or block of land or enter into any agreement of sale and purchase of a part of any lot or block of land or enter into any agreement that has the effect of granting the use of or right in a part of any lot or block of land directly or by entitlement to renew for a period of twenty-one years or more unless the circumstances described in paragraphs (a) to (f) inclusive of that subsection are existent, and; WHEREAS Subsection 7 of Section 50 of the Planning Act, R.S.O. 1990, c.p.13 provides interalia that despite Subsection 5 of Section 50 of that Act, the Council of a local Municipality may by by-law provide that Subsection 5 of Section 50 does not apply to land that is within a registered plan or plans of subdivision or part or parts thereof as is or are designated in the bylaw and where the by-law is approved by the Minister, Subsection 5 of Section 50 ceases to apply to such land, and; WHEREAS Subsection 28 of Section 50 of the Planning Act, R.S.O. 1990, c.p.13 provides that a certified copy or duplicate of every by-law passed under Section 50 of that Act shall be registered by the Clerk of the Municipality in the local land registry office, and; WHEREAS Subsection 1 of Section 4 of the Planning Act, R.S.O. 1990, c.p.13 provides that the Minister on request of the Council of any Municipality may by order delegate to the Council any of the Minister s authority under the Planning Act other than the authority to approve the Official Plan or amendments thereto of the Municipality of which it is the Council and the Council of the Corporation of the Town of Fort Erie is advised that the Minister has delegated to the Council of the Regional Municipality of Niagara interalia his authority to consent to a by-law passed under the provisions of Subsection 7 of Section 50 of the said Planning Act, and; /2
By-law No. 007-07 Page Two WHEREAS Subsection 2 of Section 51.2 of the Planning Act, R.S.O. 1990, c.p.13 provides that a Regional Council that has the approval authority under Section 51 of the said Planning Act in respect to the approval of plans of subdivision, may after the prescribed notice is given, delegate all or any part of the authority to a local Council and the Regional Municipality of Niagara has given notice and passed Regional By-law No. 86-20-97 delegating its authority to approve plans of subdivisions, condominium plans and part lot control to the Town of Fort Erie in accordance with Subsection 2 of Section 51.2 of the Planning Act, and; WHEREAS the Council of the Corporation of the Town of Fort Erie deems that the lands described in Section 4 of this by-law should be exempted from the provisions of Subsection 5 of Section 50 of the Planning Act because such lands are to be used for the construction of single detached dwellings as permitted by Zoning By-law 129-90 of The Corporation of the Town of Fort Erie as amended and; WHEREAS By-law 245-04 was passed by Municipal Council of the Town of Fort Erie on the 20 th day of December 2004 to exempt certain lands in Registered Plan 426 and 492 from Part Lot Control pursuant to Section 50 of the Planning Act RSO 1990, c.p.13 and; WHEREAS the exemption from Part Lot Control expired on the 17 th day of February 2006 as contained in Section 4 of By-law 245-04 and; WHEREAS it is deemed desirable to repeal By-law 245-04 and to pass a new by-law exempting certain lands in Registered Plan 426 and 492 from Part Lot Control and; WHEREAS By-law 219-05 was passed by Municipal Council of the Town of Fort Erie on the 12 th day of December 2005 to exempt certain lands in Registered Plan 492 from Part Lot Control pursuant to Section 50 of the Planning Act RSO 1990, c.p.13 and; WHEREAS the exemption from Part Lot Control will expire on the 11 th day of April 2007 as contained in Section 4 of By-law 219-05 and; WHEREAS it is deemed desirable to repeal By-law 219-05 and to pass a new by-law exempting certain lands in Registered Plan 492 from Part Lot Control and; NOW THEREFORE, the Council of the Corporation of the Town of Fort Erie enacts as follows: 1. THAT By-law 245-04 and 219-05 are hereby repealed. By-law No. 007-07 Page Three /3
2. THAT the provisions of Subsection 5 of Section 50 of the Planning Act, R.S.O. 1990, c.p.13 do not apply to the lands described in Section 5 of this by-law. The exemption from part lot control shall only operate to exempt a conveyance by way of deed, or transfer, or grant, or assignment, or exercise of a power of appointment, or mortgage or charge of land which conveys or otherwise (as herein provided) deals with the whole of a Lot as herein described. In all other respects and for all other parcels of land the provisions of Section 50(5) of the Planning Act shall continue to apply. 3. THAT this by-law shall be registered by the Clerk of the Corporation of the Town of Fort Erie in the local land registry office. 4. THAT in accordance with Subsection 7.1 of Section 50 of the Planning Act, R.S.O. 1990, c.p. 13 as amended, this by-law shall expire five years from the date of the registration of the By law in the Land Registery Office at which time Subsection 5 of Section 50 of the Planning Act R.S.O. 1990 shall apply to those lands in the Registered Plan described in Section 5 of this by-law. 5. THAT the lands referred to in Section 2 are more particularly described as all and singular that certain parcel or tract of land and premises situated lying and being in the Town of Fort Erie, in the Regional Municipality of Niagara, and being composed of the following. Firstly: PIN: 64470-0041 (LT) Parts 3 & 4 on Plan 59R-11562 known as Part of Lot 4, Plan 492. Secondly: PIN: 64470-0166 (LT) Parts 9 and 10 on Plan 59R-11562 known as Part of Lot 9, Plan 492 Thirdly: PIN: 64470-0167 (LT) Part 11 on Plan 59R-11562 known as Part of Lot 10, Plan 492 Fourthly: PIN: 64470-0208 (LT) Part 1 on Plan 59R-12813, known as Part of Lot 5, Plan 492 /4
By-law No. 007-07 Page Four Fifthly: PIN: 64470-0170 (LT) Part 25 on Plan 59R-11562 known as Part of Brian Street, Plan 492, and; Part of PIN: 64470-0176 (LT) Parts 28 and 29 on Plan 59R-11562 known as Part of Lots 18 and 19, Plan 492. Sixthly: PIN: 64470-0180 (LT) Parts 30 and 31 on Plan 59R-11562 known as Part of Lots 18 and 19, Plan 492. Seventhly: PIN: 64470-0181 (LT) Parts 33 and 34 on Plan 59R-11562 known as Part of Lots 18, 19 and 20, Plan 492. Eighthly: PIN: 64470-0182 (LT) Parts 35 and 36 on Plan 59R-11562 known as Part of Lots 18, 19 and 20, Plan 492. Ninthly: PIN: 64470-0183 (LT) Parts 37 and 38 on Plan 59R-11562 known as Part of Lots 20, 21 and 22, Plan 492, Tenthly: PIN: 64470-0184 (LT) Parts 39 and 40 on Plan 59R-11562 known as Parts of Lots 21, 22, 23, and 24, Plan 492. Eleventhly: PIN: 64470-0185 (LT) Parts 41 and 42 on Plan 59R-11562 known as Part of Lots 21, 22, 23, and 24, Plan 492. Twelfthly: PIN: 64470-0186 (LT) Parts 43 and 44 on Plan 59R-11562 known as Part of Lots 22, 23, and 24, Plan 492. Thirteenthly: PIN: 64470-0187 (LT) Part 45 on Plan 59R-11562 known as Part of Lots 24 and 25, Plan 492. Fourtheenthly: PIN: 64470-0188 (LT) Part 46 on Plan 59R-11562 known as Part of Lots 25 and 26, Plan 492. By-law No. 007-07 /5
Page Five Fifteenthly: PIN: 64470-0189 (LT) Part 47 on Plan 59R-11562 known as Part of Lots 26 and 27, Plan 492. Sixteenthly: PIN: 64470-0190 (LT) Part 48 on Plan 59R-11562 known as Part of Lot 27, Plan 492. Seventeenthly: PIN: 64470-0172 (LT) Part 51 on Plan 59R-11562 known as Part of Hollywood Street, Plan 492, and; PIN: 64470-0610 (LT) Part 54 on Plan 59R-11562 known as Part of Lot 28, Plan 492. Eighteenthly: PIN: 64470-0192 (LT) Part 55 on Plan 59R-11562 known as Part of Lot 28, Plan 492. Ninteenthly: PIN: 64470-0193 (LT) Part 56 on Plan 59R-11562 known as Part of Lot 29, Plan 492. Twentiethly: PIN: 64470-0194 (LT) Part 57 on Plan 59R-11562 known as Part of Lot 30, Plan 492. Twenty-firstly: PIN: 64470-0195 (LT) Part 58 on Plan 59R-11562 known as Part of Lot 31, Plan 492. Twenty-secondly: PIN: 64470-0196 (LT) Part 59 on Plan 59R-11562 known as Part of Lot 32, Plan 492. Twenty-thirdly: Part of PIN: 64470-0198 (LT) Part 63 on Plan 59R-11562 known as Part of Lots 31, 32, 33, and 34, Plan 492. /6 By-law No. 007-07
Page Six Twenty-fourthly: Part of PIN: 64470-0199 (LT) Parts 64 and 65 on Plan 59R-11562 known as Part of Lots 31, 32, 33, and 34, Plan 492. Twenty-fifthly: Part of PIN: 64470-0203 (LT) Part 74 on Plan 59R-11562 known as Part of Lots 172, 173, and 174, Plan 426. Twenty-sixthly: Part of PIN: 64470-0024 (LT) Parts 14 and 15 on Plan 59R-11562 known as Part of Lot 14, Plan 492. Twenty-seventhly: Part of PIN: 64470-0211 (LT) Part 1 on Plan 59R-12921, known as Part of Lots 15 and 16 and Part of Brian Street, Plan 492 Twenty-eighthly: Part of PIN: 64470-0212 (LT) Part 2 on Plan 59R-12921, known as Part of Lots 15, 16 and 17 and Part of Brian Street, Plan 492 Twenty-ninthly: Part of PIN: 64470-0213 (LT) Part 3 on Plan 59R-12921, known as Part of Lots 16 and 17 and Part of Brian Street, Plan 492 All in the Town of Fort Erie, in the Regional Municipality of Niagara, Land Titles Division of Niagara South (No. 59) READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF JANUARY, 2007. MAYOR CLERK I, the Clerk, Carolyn J. Kett, of The Corporation of the Town of Fort Erie hereby certify the foregoing to be a true certified copy of By-law No. 007-07 of the said Town. Given under my hand and the seal of the said Corporation this day of, 2.