HomeMy WebLinkAboutBy-law 2890A BY-LAW OF THE CORPORATION OF THE TOWNSHIP OF PICKERING TO REGULATE
THE MOVEMENT AND ERECTION OF USED BUILDINGS IN THE TOWNSHIP OF
PICKERING,
!tHEREAS the Council of the Corporation of the Township of Picketing
eem~g~--ft desirable to pass a by-law governing the moving and erection
of used buildings in the Township of Picketing;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
PICKERING ENACTS AS FOLLOWS:
DEFINITIONS
1. In this By-law
(a) "Corporation" means the Corporation of the Township of
Pickering.
(b) "Erect" includes (with reference to a used building) placing
in location and assembling and includes any physical operation
such as excavating~ filling or draining preparatory to such
placing in location or assembling and "erection" shall have
a similar meaning.
(c) "Move" includes the change in location of any used building
or a substantial part thereof from a point outside the
Township of Picketing to a point inside the Township of
Pickering, between two points in the Township of Picketing,
or from a point inside the Township of Pickering, to a
point outside the Township of Pickering, and a change in
location within a parcel of land owned by one owner or one
group of owners, and "movement" shall have a similar meaning.
(d) "Used Building" includes all buildings or structures which
have been used, and all new buildings which have been
substantially completed whether or not the same have been
used, to which any general building By-law of the Corporation
applies or which, if such building or structure had been
erected within the Township of Picketing, any such general
building By-law would have applied, but shall not include
building materials in unit form or prefabricated building
units prior to the first assembly thereof, or used building
materials, or any building or structure the dimensions of
which are not in excess of 10 feet by 14 feet by 1S feet,
and the overall weight of which is not in excess of
Z000 lbs.
RELOCATION PERMIT
2. No person shall
(a) Move a used building on over along or across any highway
under the jurisdiction of the Corporation, or
(b) Erect a used building within the Township of Picketing;
without first obtaining a permit known as a "relocation
permit".
3. Each applicant for a relocation permit shall submit an application
to the Clerk of the Corporation substantially in the form annexed
to and forming part of this By-law.
4. Before issuing a relocation permit the said Clerk shall receive
(a) Where the proposed move will be on over along or across any
public highway within the limits of the Township of Picketing,
a certificate of the Roads Superintendent of the Corporation
as to
(i) compliance with all relevant statutes, by-laws and
regulations governing any highway within the limits
of the Township of Picketing under the jurisdiction
of the Corporation on over along or across which the
proposed move will take place;
(ii) the receipt by the Roads Superintendent of written
permission of each governmental body other than the
Corporation having jurisdiction over any part of any
highway on over along or across which the proposed
move will take place;
(iii) the suitability of the proposed route;
(iv) the sufficiency of the proposed safety precautions; and
{v) the suitability of the timing of the proposed move.
(b) In determining the matters in items (iii), (iv) and (v) in
sub-paragraph (a) of this paragraph, the Roads Superintendent
shall be satisfied that the proposed move can be made without
property damage~ in a manner generally safe for all inhabitants
of the Corporation, and with a minimum of disturbance to the
inhabitants of the said Corporation,
(c) Where the Roads Superintendent recommends additions or
different steps as to items (iii), (iv) or (vi in oub-
paragraph (a) of this paragraph, the Clerk shall notify
the applicant of such recommendation. If the applicant
accepts such recommendation~ the same shall be deemed to
be part of the application form. If the applicant does not
accept such recommendation, the application shall be refused
and the fee and deposit shall be returned without interest.
(d) Where the proposed erection will be within the Township
of Pickering the certificate of the Building Inspector of
the Corporation as to compliance by the proposed building
plans with all building By-laws of the Corporation.
(e) Where the proposed erection will be within the Township of
Pickering the certificate of the Planning Director of the
Corporation as to compliance by the proposed building plans
and proposed use with all zoning by-laws and the official
plan, if any, of the Corporation.
(f) The sum of one thousand ($1000) dollars or a performance
bond in the like amount with a surety company licensed to
do business in the Province of Ontario to be held by the
Corporation on condition that the applicant shall well and
truly carry out the movement and erection in accordance
with this by-law and with the application for a relocation
permit, such money or the balance thereof or performance
bond to be redelivered to the applicant in accordance with
the provisions of paragraph 10 hereof.
(g) A fee for the relocation permit in the amount of $25.00
(In the case of non-profit community organizations this
fee may be waived at the discretion of Council.)
5. A relocation permit shall be in force so far as the same pertains
to the erection of a used ~uilding, for a period of three months
from the date of arrival on the new si~e~ and shal! after such
period ~ null ~nd ~oido
6. Notwithstanding the issuance of any relocation permit or anything
herein contained, the Roads Superintendent shall have the right
to stop the movement of a used building whether or not such move-
ment has b~en commenced if in the opinion of the Roads Super~ntandent
such move c~nnot be carried on in the manner safe from property
damage and safe for the inhabitants of the Corporation. In
determining the matter contained in this paragraph, the Road
Superintendent shall consider any chan2e in circumstances arising
after the certificate granted by him, the unsuitability of the
weather, or any unanticipated factor which, had the Roads Super-
intendent been aware of the same as at the date of his certificate,
would have caused him not to have granted his said certificate.
In the event of any movement being stopped by the Roads Super-
intendent under this paragraph, the applicant and the Roads Super-
intendent shall agree upon a new route or a new date and time for
the proposed move and the time within which the relocation permit
expires shall be deemed to be extended until such date and in
default of such agreement the Clerk of the Corporation shall with-
draw and cancel the relocation permit whereupon the same shall be
of no further force and effect and shall return the fee and the
security lodged under Clause (f) of paragraph 4 herein to the
applicant.
RELOCATION OCCUPANCY PERMIT
7. No person shall occupy any used building erected in the Township
of Pickering which has been moved without first obtaining a permit
known as a "Relocation Occupancy Permit".
8. Each application for a relocation occupancy permit shall complete
the application form annexed to and forming part of this By-law,
a£ter the used building has been erected.
9. Before issuing a relocation occupancy permit the Clerk of the
Corporation shall receive:
(a) The certificate of the Roads Superintendent of the Corporation
as to the satisfactory completion of the move in accordance
with the application for a relocation permit and, where
applicable, the certificate of such Roads Superintendent
as to the fair value of the damage caused during such move
to property under the jurisdiction of the Corporation or for
which the Corporation may be liable.
(b) The certificate of the Building Inspector of the Corporation
as to compliance by the used building as erected with all
building By-laws of the Corporation.
(c) The certificate of the Planning Director as to compliance
by the used building as erected and the use thereof with
all zoning By-laws and the official plan, if any, of the
Corporation.
REFUND OF CASH OR PERFORMANCE BOND
10. After the receipt of the relocation occupancy permit or where
the used building was moved to a point outside the Township of
Pickering after the completion of such move the applicant may
apply for the refund of the monies deposited or the return of the
performance bond 16dged under paragraph 4(f) of this By-law. When
the Clerk has received a certificate under paragraph 9(a) of this
By-law that no damage has been caused during the move, he shall
forthwith refund the whole of the cash deposit paid without
interest or shall return the performance bond to the applicant.
4
When the Clerk has received a certificate under paragraph 9(a)
of this By-law as to the fair value of the damage caused during
th~ move and the applicant agrees to such value the Clerk shall
refund the balance of the amount paid without interest after
deductin§ :~5~e amount of such estimate or shall return the per-
formance bond, after receiving the full amount of the estimate
J~ cash or certified cheque payable to the Corporation, in eitk~?
csse to the applicant. Where the Gc':'~ has received a certificate
under 9{a} of this By-law as to the fair value of the damage
caused during the :~ove and the applicant does not agree with such
value, the Clerk shall retain all cash paid or shall retain the
said performance bond pending final determination of the fair
value of such damages and the liability therefore'by a court of
competent jurisdiction.
REPEAL OF EXISTING BY-LA~
11. By-law Number 2095 of the said Corporation is hereby repealed
to the exten~ that this By-law may amend the same.
COMPLIANCE WITH OTHER BY-LA~S
12. The requirements under this By-law shall be in addition to and
not in lieu of any requirements under any statute or other By-law
of the said Corporation.
VALIDITY
13. In the event that any part of this By-law may be ultravires
the Corporation, then the invalidity of such part shall not
affect the validity of any other part hereof.
PENALTY
14. Any person who contravenes any of the provisions of this By-law
or who interferes with or obstructs any person in the discharge
of his duties under this By-law shall be guilty of an offence and
shall be'liable upon summary conviction to a fine not exceeding
Three Hundred {$~00.00) Dollars and costs, such fine and costs
to be recoverable under the Summary Convictions Act.
READ a First and Second time this ,,.!,2 day of 5{ay 1964.
READ a Third time and Finally PASSED this ~/~d'-ay of /~ 1964.
Reeve
Clerk
ANNEXURH to BY-LAW NO.
(PART I)
APPLICATION FOR RELOCATION PERMIT
{To be suk~itted in triplicate to the Clerk.)
Application No.
P z:~it No.
1. Applicant: Name
Address
Occupation .......
Telephone No.
2. Building Owner:
Name
Address
Occupation
Telephone No.
Owner of Property to which used building is to be moved:
Name
Address
Occupation
Telephone No.
4. Names and addressed of the owner of each vehicle to used in
the move:
5. P~rticulars of each vehicle to be used in the move:
Vehicle Gross Weight No. of No. of Current License
Type Wheels Axels
a)
b)
c)
d) .........
6. Particulars of the used building to be moved:
Length Width Height Weight Vehicle to
be used
Overall dimensions
2
Length Width Height Weight Vehicle to
be used
Dimensions cf each Secti~:
~ection 1
Section 2
Section 3
Section 4
7. A route map shall be attached hereto, showing all reads under
the jurisdiction of the Township of Picketing, in over along or
across which it is proposed that the used building or any part
thereof will be .... ~ed, the location of all bridges over which
the used buiidJ~.~ or any part thereof will be moved, the location
and clearances of all bridges under which the used building or
any part thereof will be moved, the minimum clearance of any
obstruction under which the used building or any part thereof
will be moved and the minimum distance from the side of the
travelled portion of the road to any obstruction on each side
of the whole route in the Township of Picketing.
8. Details of protective measurers to be taken by the applicant.
9. Date and time within which it is proposed that the move will
take place.
Starting date time
Completion date time
10. Short legal description ef property from which it is proposed
to move the used building
Lot Plan Concession
11. Short legal description of property to which it is proposed
to move the used building.
Lot Plan Concession
1Z. When the used building is to be erected in the Township of
Picketing each application shall have submitted therewith the
following:
a) a complete up-to-date set of plans or specifications for
the used building prior to the movement thereofl
- $
b) a statement by the applicant as to the steps which it is
~roposed to take in connection with the move so far as
the structure of the used building is concerned;
c) the p~ -.~ to include a site plan of each used building as
propose~ for erection in the new location. Any additions
or alterations shall be included c!~erein;
d) a plan of surve/ prepared by a q~ ified Ontario Land Surveyor
showing the bo~ndaries of the la ' on which it is proposed
to erect the u~d building and sL.~wing the location of any
existing build~-,gs thereon.
:3 a) l~here the used building is to be moved in over along or
across any puLl. lc highway, the written permission of each
governmental b.;:~y other than the Corporation, having the
jurisdiction over such highway on over along or across
which the proposed move may take place;
b) Fee: $25.~;
c) Deposit: $1,000.00 or Bond.
14. Present Use of Building ..
Proposed Use of Building .
15.
Signature of Owner Signature of Applicant
ANNEXURE to BY-LAW NO
{PART II)
APPLICATION FOR RELOCATION OCCUPANCY PERMIT
. . Nas mo¥~mc, , of the '~.s~ buildimg carried out in accordance
with application for RSLOCATION PERMIT?
YES NO
If no, give partic',i~.ars
Was erection of us:~d building completed in accordance with
application for RE~)~ATION PERMIT?
YES NO
If no, give p?ticulars
18. a) Proposed use of building (if different than original use).
b) Give particulars
19. Is there Hydro-Electric service for building?
YES NO
20. I have been advised that the Engineer or Roads Superintendent
has estimated the damage caused during the move to public
~roperty or for which the Corporation may be liable at
a) You are authorized to deduct this amount from the
funds held by you.
b) I hand you this amount in cash or certified cheque
and ask you to re-deliver the bond to me.
c) I disagree with this estimate and agree to let the
Township retain the security given pending final
determination by a court of competent jurisdiction.
Date
Signature of Applicant
(FOR OFFICE USE ONLY)
Part I
RELOCATION PERMIT
~ a) applic ;on receJv: ~
b) supporting matc..:-~_~)..ecexved.
Item Date 7 ...... ';opies ' i:ials
7
12a)
b)
c)
d)
13a)
h)
c)
2. Certificate of BUILDING INSPECTOR
Plans received and reviewed YES NO
Comments:
I certify that this application complies with para 4 (d)
of this By-law.
Date
Building Inspector
$. Certificate of PLANNING DIRECTOR
Plans received YES NO
Survey received YES NO
Statement of proposed use received YES NO
Comments:
I certify that this application complies with para 4 (e)
of this By-law.
Date
Planning Director
- 2 ~
Certificate of ROADS SUPERINTENDENT
a) Compliance of proposed move with statutes, by-laws and
regulations, YES NO
b) Receipt of wz~tten permission from the owners of Public
roads, othe: zhan those of Picketing Township.
Not Needed In File
Comments:
c) Is route suitable? YES NO
Changes required
d) Will timing of move minimuze inconveneince to local
inhabitants? YES NO
e) Other comments or requirements
I certify that this application complies with para 4(a)
of this By-law.
Date
ROADS SUPERINTENDENT
5. Certificate of CLERK
Certificate cf Building Inspector Received
Not Needed
Certificate of Planning Director Received
Not Needed
Certificate of Roads Superintendent Received
Not Needed
Fee Received
Deposit Received Not Needed
Comments:
Relocation Permit Issued
Date Number
Clerk
(FOR OFFICE DSE ONLY)
Part II
RELOCATION OCCUPANCY PERMIT
1. Certificate of ROADS SUPERINTENDENT
Move completed as per application. YES NO
If no~ comments:
Damage to Corporation or other property YES NO
If yes, give full particulars:
Estimate of damages $
I certify that the applicant has completed the move as
per application subject to the above damages, if any,
Date Roads Superintendent
2. Certificate of BOILDING INSPECTOR
I certify that the used building has been erected as
per application.
Date Building Inspector
3. Certificate of PLANNING DIRECTOR
I certify that the location and proposed use of used
building complies with zoning By-laws and the Official
Plan.
Date Planning Director
4. Statement of CLERK
Certificate of Roads Superintendent Rec.__ Not Rec.
Certificate of Building Inspector Rec.__ Not Rec.__
Certificate of Planning Director Rec.__ Not Rec.__
Fee Received $
Deposit returned reduced receipt #
Comments:
2
Bond Returned Receipt #
Comments:
Deposit Retained
Comments:
Relocation Occupancy Permit Issued
Date No.
Clerk