THE CORPORATION OF THE
TOWNSHIP OF NIPISSING
BY-LAW NO. 1196

Being a By-law to restate Council=s policy regarding Applications to purchase all of a Shore Road Allowance in specific areas designated on the Municipality=s Official Plan.
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LEGISLATION

WHEREAS :

1. This Municipality has a policy of not selling the whole of a Shore Road Allowance where, in the adjacent areas, the Official Plan designates nesting areas, fish spawning grounds, environmentally sensitive areas, or areas where the public has or could have access to water.

2. On the Official Plan, the areas designated as spawning grounds refer to Walleye spawning, Pike spawning and Sturgeon spawning.

3. The purpose of this By-law is to restate Council=s policy.

BE IT ENACTED AS A BY-LAW OF THIS CORPORATION AS FOLLOWS:

1. Council Policy
That this Council confirms its policy not to sell the whole of an area of a Shore Road Allowance where, adjacent to that Shore Road Allowance, the Official Plan has designated the water area as nesting areas, spawning grounds, environmentally sensitive areas, or areas where the public has or could have access to water.

2. Exceptions to Policy
This policy shall only be changed if the Municipality receives and accepts a detailed ecological study which indicates by a preponderance of evidence, that the proposed change is practical, necessary, attainable and beneficial.

3. Minor Encroachments
The Municipality will consider Applications to close and sell minor portions of the Municipality=s 66 foot Shore Road Allowance, where this is required to legalize porch construction, or portions of buildings which previously encroached upon the Shore Road Allowance by error in judgment.

4. Adjacent land owners
Applications to purchase Shore Road Allowances shall be subject to notification to adjacent land owners for their comments.

THIS BY-LAW READ A FIRST AND SECOND TIME AND FINALLY PASSED THIS 11TH DAY OF SEPTEMBER, 2007.

THE CORPORATION OF THE
TOWNSHIP OF NIPISSING

____________________________ c/s
Wendy Billingsley, Mayor

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Cindy Piper, Clerk