Part II - Enacted First Nations Legislation

Decision Information

Decision Content

Community Addressing on Walpole Island First Nation BY-LAW NUMBER 01-2004 Title BEING a By-law to establish a community addressing system for Walpole Island First Nation, including a numbering policy for the numbering of buildings along the roads and for affixing numbers to buildings, property identification and street identification. PREAMBLE WHEREAS Section 81 (1), (a), (c), (d), (rj of the Indian Act, authorizes the Council to pass by-laws for the numbering of the buildings and lots along any highway, road or any other property in the First Nation that is considered necessary to number by the Council, and for affixing numbers to the buildings. AND WHEREAS the Council of the Walpole Island First Nation deems it expedient and in the public interest to adopt a community addressing system to facilitate access to emergency services and other purposes; NOW THEREFORE THE COUNCIL FOR THE WALPOLE ISLAND FIRST NATION ENACTS AS FOLLOWS: Short Title 1. This by-law may be cited as the Community Addressing By-law of Walpole Island First Nation (the First Nation). System 2. That a community addressing system be established to provide for an accurate, simple system of property identification to assist with the delivery of emergency and other services and which is capable of accommodating growth. 3. That the community addressing system developed and the address mapping prepared by Walpole Island First Nation on behalf of the First Nation, as updated from time to time, be hereby adopted to achieve a system of property identification to assist with the delivery of emergency and other services and which is adaptable to future needs. Such mapping will be required to be submitted to the County of Lambton and Bell in order to be implemented in the Enhanced 9-1-1 System. Policy 4 That the Community Addressing Policy attached hereto as Schedule A be hereby adopted to provide for the maintenance and continuation of an accurate system of property identification that is both simple and capable of accommodating growth and to assist with the delivery of emergency and other services. 5. That the policies and procedures set out within the said Community Addressing Policy shall be implemented and maintained by Walpole Island Department of Public Works. l
6. That the owners of the following types of properties shall be required to have posted a community addressing number: any property containing a residence (permanent, seasonal or otherwise), as well as any commercial, industrial, recreational, religious and educational property which has the facilities on the site from which to report an emergency and/or to which there is a reasonable expectation that emergency vehicles could be dispatched, including properties with facilities under construction. Identification Numbers and Number Plates 7. That the First Nation, shall establish and provide an identification number or number plate displaying the properties designated number for each property on Reserve described by clause 6, above, in accordance with the following design: 7.1 The property number erected shall be as assigned by the First Nation. 7.2 All numbers shall be a minimum of 10 cm (4 inches) in height. 7.3 Property numbers shall read horizontally. 7.4 The property number shall be displayed in numeral form (e.g. 116) and not written form (e.g. one hundred and sixteen). 7.5 Where there are two dwelling or more units (or commercial units etc.) with separate outside entrances at a single address number, this number and the letter/number representing the unit portion of a community address shall be displayed next to the exterior door which provides access to such unit. The property number shall be displayed as per 7.7.1. 7.6 A separate post is required for the number plate where the main building is greater than 9 m (30 ft.) from the edge of the road surface, except as provided for below, in accordance with the following provisions: 7.6.1 The community address number must be of a reflective material in white or silver, in sharp contrast to a reflective dark green background upon which it is affixed, and affixed to both sides of the number plate. 7.6.2 The number plate shall be erected perpendicular to the road. 7.6.3 The number plate shall be erected 1.2 m (4 ft.) above grade, or in a manner approved by the Road Superintendent of the First Nation. 7.6.4 The post shall be situated approximately 1 m from the property line (e.g., between approximately 9 m and 11m from the road centreline for a 20-m road allowance) and 1 m from the laneway or driveway that serves as the principal access to the property. The Road Superintendent of the First Nation may approve reasonable deviations from this standard. The first priority for the location is to ensure that there will be clear visibility, in all seasons and weather conditions, of the number plate from the travelled portion of the road to allow the reflection of low beam vehicle headlights. The second priority is to minimize vandalism. The preceding provisions shall apply also in the case of a forced road or a private road, where there may not be a property line established between the road and abutting land, as if such a forced or private road was located in the centre of a 20-m road allowance. 2
7.7 Where the main building is within 9 m (30 ft) of the edge of the road surface and is clearly visible from the road, the number plate or number may be fastened to the main building in accordance with the following provisions: 7.7.1 The property number shall be displayed on the right-hand side of the door at a height not less than 1.2 m (4 ft.) and not greater than 1.8 m (6 ft.) above the door threshold. The property number shall not be displayed on the door. 7.7.2 Where the door does not face the road or street to which the community address applies, the property number shall be displayed on the right-hand side of the wall facing the travelled portion of the road at 1.5 m to 2.1 m (5 to 7 ft.) above grade. 7.8 Where the main building is not within 9 m (30 ft) of the edge of the road surface, but it is within a built-up area that involves a series of adjacent properties with narrow frontages (up to about 30 m/100 ft on average), allowance may be made for sign posts only at the beginning and ending of such built-up area. Generally, the sign posts in these built-up areas should be installed on properties closest to street intersections and, from there, no further apart than about 200 m (660 ft.). The intervening properties may then follow Section 7.7 of this By-law, where a reasonable level of safety is maintained (generally if the main building to be signed is within 15 m/50 ft of the road surface and is clearly visible from the traveled portion of the road). Reflective signs, as described in Section 7.6.1, must be used in these cases. Maintenance 8. That owners of properties which are affected by provisions of this By-law shall keep and maintain in good condition their identification numbers or number plates, as the case may be. 9. Every owner or occupant shall ensure that the property identification sign is visible at all times and kept unobstructed by vegetation, structures, snow accumulation or any other screening. Prohibition 10. That no owner of property or any person shall relocate a property identification sign post without prior authorization by the First Nation, or remove a property identification plate or number once posted except for immediate repair by the owner or the First Nation. Replacement 11. That where an identification plate or number is missing or illegible, the property owner shall repair or replace the number plate or numbers immediately, in accordance with the design provisions of this community addressing by-law; 11.1 If the property does not have an identification number posted in accordance with the provisions of this By-law, the Walpole Island Department of Public Works may give the property owner written notification that the number plate or numbers are missing, illegible or otherwise not in compliance with this By-law and that the owner is required to rectify same, within 60 days of the mailing of such notice; 3
11.2 If after 60 days of the notification the situation is not rectified by the owner in compliance with this By-law, the First Nation may make any installations or repairs that it deems appropriate, and shall recover any expenses for such installations or repairs from the owner of such property. Liability 12. The First Nation shall not be liable for any loss, cost or expense which the owners of land may incur as a result of a property identification sign or number plate being damaged, missing, obstructed or illegible. Costs and Supplier 13. That for the purposes of clause 7.6 and 7.8 above, the First Nation shall maintain a supplier for replacement identification plates and posts, and the owners of these properties shall obtain from the First Nation the appropriately numbered identification plates and posts. Records of Community Addresses 14. That for purposes of community addressing and public safety, the Walpole Island Department of Public Works shall keep a record of community addresses assigned. Violations and Penalties 15. Anyone who contravenes a section of this by-law is guilty of an offence and subject to penalty as provided for under S. 81 (1 ) (r) of the Indian Act. General 16. That should any section, clause or provision of this By-law be held by a court of competent jurisdiction to be invalid, the validity of the remainder of this By-law shall not be affected. 17. That where a form, words or expressions are prescribed in this By-law, deviations therefrom which do not change the substance or are not calculated to mislead, do not invalidate them. 18. That Clauses 1, 2, 3, 4, 5, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 of this By-law shall come into force and take effect upon the final passage thereof. 19. That Clauses 6, 7, 8, 9, and 10 of this By-law shall come into force and take effect coincident with the initial installations of property identification numbers or number plates in the First Nation, upon the final passage thereof. 20. This by-law shall prevail in case of contradiction or inconsistency with other by-laws. 4
Schedule A Community Addressing Policy Schedule A of Walpole Island First Nation By-Law No. 01-2004 1. PURPOSE 1.1 This policy will guide the staff, who have been given the responsibility by Council, in assigning property identification numbers, ensuring that the new road names and appropriate number plates and posts are installed in order to maintain a complete and consistent community addressing system within the First Nation. 4t2 This policy is meant to ensure that the system of community addressing is upheld in order that the Enhanced 9-1-1 can operate and so that a coordinated addressing system is maintained^ An absolute requirement is that there be no duplication of an address (street name plus property identification number) within the boundaries of Walpole Island First Nation. 1.3 This policy will ensure that suitable records are kept and appropriate agencies are notified regarding new addresses, etc. 2. PROPERTY NUMBERING PRINCIPLES Interval Method 2.1 The frontage interval method is used to determine community addresses. The frontage interval is 12 metres, which means that a different property address number is available (but not necessarily used) every 12 metres along the road. 2.2 Two numbers are available for every unit of frontage: one number for each side of the road in accordance with the odd/even convention for that road. (Even numbers shall be allotted for the east and north sides of the street. Odd numbers shall be allotted for the west and south sides of the street.) Measuring Points 2.3 Addressing starting points are in accordance with those established by the Walpole Island First Nation. Generally these occur at the south and west boundaries or ends of roads, but there are exceptions where existing numbering schemes or unique road configurations had to be considered. 2.4 The centre of the driveway is used as the measuring point for individual properties unless there are exceptional circumstances (e. g. access point for an island). For comprehensive development through the plan of subdivision process, adjacent numbering patterns, the layout of new lots and street, and/or the assigning of numbers at the time of registration before driveways are built (see Section 4.2) may require a more arbitrary application of the frontage interval method. In these cases, the goal will be to provide balance, logic and flexibility in the assigned number scheme. 1
Forms are to be generated for each road that contains properties to be addressed. Each side of the road is to be maintained on its own sheet. This will contain information such as starting & ending point measurements, frontage interval and driveway access measurements for each property. Boundary Roads 2.5 On boundary roads, the numbering scheme for one side matches an established one on the other side of the road. Multiple Dwellings 2.6 For any property that contains more than one dwelling, each building shall be numbered separately in a consecutive manner, ie. 123 Any Road and 125 Any Road 2.7 An apartment buildings or multiple attached dwelling (e.g., building composed of townhouses units) on one apparent block of land with a common access is given one property identification number and the units are assigned unit numbers. A Unit number is skipped if such unit number would repeat the property identification number. 2.8 On-street housing projects (e.g., semi-detached or townhouse dwellings), which have direct access to the street for each unit, will be assigned a separate property identification number for each unit. Mobile Home Parks 2.9 Mobile home parks may be addressed with road names for their internal roads and separate property identification number for each mobile home. Alternatively, the mobile home park may be assigned one address number with each mobile home given a unit number provided there are intersection signs on internal roads to show the ranges of unit numbers. Trailer Parks, Campgrounds 2.10 A trailer park or recreational vehicle park or campground will be assigned one property number and their unit or site numbers will identify the individual units or sites. Multiple Commercial/lndustrial 2.11 A multiple commercial/industrial building, such as a shopping plaza, on one apparent block of land with a common access is given one property identification number and the units are assigned unit numbers. A unit number is skipped if such unit number would repeat the property identification number. Comer Lots 2.12 Corner lots shall be allocated a number on the road, which provides the main access to the property. 2
Continuity of Numbering 2.13 Address numbers will continue consecutively along the full length of a road. In general, where there is a jog in a road or two roads with sections in common, numbering is consecutive on the higher order road. Coordination with Existing Numbering in Built up Areas 2.14 Established numbering/addressing systems within built up areas will remain and be utilized, so long as they have sequential numbering with odd and even numbers on opposite sides of the street and they can be worked into the surrounding pattern of numbers. Culs-de-Sac 2.15 Normally, new cul-de-sac is to be numbered with even numbers on the right and odd numbers on the left beginning at the intersection. The midpoint of the bulb is used to define the split between odd and even numbers. Private Road 2.16 The policies described herein shall apply to lots/development on private roads. 3. DETERMINING NEW PROPERTY NUMBERS General 3.1 Once community addressing is in place in the First Nation, new property identification numbers usually will be determined using a nearby known address as a reference point. 3.2 Where difficulties occur, the First Nation will consult the County for assistance in calculating a property identification number. Checking 3.3 Any new property identification number should be checked against the community addressing maps to ensure that the numbers fall within the ranges identified at the nearest intersections of the subject road. 3.4 Also, new numbers can be checked against the First Nations records of nearby addresses to ensure that the new number is logical. Formula 3.5 The community addressing system produced by the County was developed using a formula based on the frontage interval method described in Sections 2.1 and 2.2. With the Countys 12 metre frontage interval community addressing system in place, property identification numbers for new development can be calculated by measuring accurately from the driveway centre point for properties with known identification 3
numbers. The known number may be found on the property number sign or on an intersection sign (measure from the centre of the intersection). Where a property identification number is not available (e.g., new road) or convenient (e.g., large distance away), the First Nation should request to use its fifth wheel measuring device. 4. ISSUING NEW PROPERTY NUMBERS 4.1 Numbers for existing vacant lots and for new lots created by consent (severance) shall be issued when the owner or contractor submits a request for a community number. 4.2 Numbers for new lots in plans of subdivision should be assigned forthwith after the plan has been registered in Walpole Island First Nation in order that numbering can be posted during preliminary development. It is recommended that the approval authority for plans of subdivision assign the property numbers in consultation with the Public Works Superintendent. The First Nation should confirm property numbers at the building stage. 5. ORDERING AND INSTALLING PROPERTY IDENTIFICATION SIGNS Order 5.1 Upon assigning a new property identification number, the Walpole Island Department of Public Works as designated by Council, will place an order to the County of Lambton, if a post and/or a number plate are required under the community addressing by-law. A blank order form is included in this document. Fees 5.2 The initial fee to cover the cost of the property identification number plate, post and materials, and the cost of the installation if being done by the First Nation, will be paid by the First Nation. 5.3 The First Nation will determine whether it will be carrying out the installation. This is the preferred method to ensure that the installation meets the standards of the By-Law. However, at the discretion of the First Nation and with the agreement of the owner or contractor, the First Nation may allow the owner or contractor to carry out the installation. Owner or Contractor Installation 5.4 The owner or contractor will be advised when the sign hardware is available at the First Nation Office or Public Works garage. As the case may be, and arrangements will be made for the pick up or delivery of the hardware. 5.5 The Road Superintendent will visit the subject property and mark the appropriate location for the signpost. 5.6 When the owner or contractor is given the sign hardware, this person will be required to sign for receipt of the hardware, and a copy of the community addressing by-law and/or instructions about installation will be provided. 4
It is the owners responsibility to ensure that the municipal address assigned to a property is given to the telephone company for integration into their 9-1-1 system. This is a requirement for Enhanced 9-1-1. 5.7 The Road Superintendent will ensure that the installation has been carried out and that confirmation of it is duly recorded in the First Nations records. 5.8 If the owner or contractor has not carried out the installation within 60 days of receipt of materials, the procedures in the Community Addressing By-Law for notification and possible First Nation installation will be followed. 6. GUIDELINES FOR POSTING PROPERTY NUMBERS 6.1 Applies where the main building to which the property number applies is within 30 feet of the edge of the road surface. 6.1.1 Where the main building to which the property number applies is within 30 feet of the edge of the road surface, and is clearly visible from the road, the number shall be placed on the main building. 6.1.2 The property number shall be displayed to the right hand side of the door at a height not less than 4 feet and not greater than 6 feet above the door threshold. The property number shall not be displayed on the door. 6.1.3 Where the door does not face the road or street to which the community address applies, the property number shall be displayed on the right hand side of the wall facing the travelled road at 5 to 7 feet above grade. 6.1.4 The numbers shall be a minimum of 4 inches in height and shall face towards and be clearly visible from the road or street to which the community address applies. 6.1.5 Property numbers shall be of white, engineering grade, reflectorized 3M scotchlite or equivalent on a green, engineering grade, reflectorized 3M Scotchlite or equivalent background. 6.1.6 Property numbers shall read horizontally. 6.1.7 The property number shall be displayed in numeral form (e.g. 116) and not in written form (e.g. one hundred and sixteen). 6.1.8 Where there are two units or more at a single address, the number or letter representing the unit portion of a community address shall be displayed next to the exterior door, which provides access to such a unit. The property number shall be displayed as per 6.1.1. 6.2 Applies where the main building is not within 30 feet of the edge of the road surface. 6.2.1 Where the main building is not within 30 feet of the edge of the road surface, the property number shall be displayed on a post located beside the driveway at the road 5
or street to which the community address applies. Not withstanding the foregoing, where a built-up area involves a series of adjacent properties with narrow frontages (up to 30m/100 ft. average), allowance may be made for signposts only at the beginning and ending of such built-up area. Generally, the signposts in these built-up areas should be installed on properties closest to street intersections and, from there, no further apart than about 200m/600 ft. The intervening properties may follow Section 6.1 of this guideline, where a reasonable level of safety is maintained (generally if the main building to be signed is within 15m/50 ft. of the road surface and is clearly visible from the road). Reflective signs, as described in Section 6.1.5, must be used in these cases. 6.2.2 The post shall be placed at a distance 1 metre (3 feet) from the property line and 1 metre (3 feet) from the driveway to the property, with the following clarifications. The first priority for sign placement will be clear visibility, in all seasons and weather conditions, from the travelled portion of the road to allow reflection by the low beam of vehicle headlights. Secondly, the post should be as far back as possible from the travelled portion of the road so as to minimize vandalism while maintaining clear visibility. 6.2.3 The property number shall be displayed on both sides of the sign blade and shall be erected perpendicular to the street to which the community address applies so as to be clearly visible from both directions on the travelled portion of the street. The same standards laid out in Section 6.1.4, 6.1.5, 6.1.6 and 6.1.7 shall apply. 6.2.4 The property number shall be displayed on a post approximately 1.2 m (4 feet) above grade. 6.3 Other guidelines for property sign installations. 6.3.1 The posting of property numbers in any future development shall comply with these performance standards. Existing property owners are encouraged to convert their signage to these standards. 6.3.2 Where the above performance standards cannot be met, the location of the property number shall be decided upon through consultation with First Nation staff. 6.3.3 The property owner shall maintain the property number sign and post. 6.3.4 Plant material shall be maintained, i.e. pruned or spaced, to allow the property number sign to be seen from vehicles travelling on the road, which is to be used as access to the property. 6.3.5 There shall be no duplication of addresses and each property shall have an address. 6
7. NEW ROAD NAMES General 7.1 When new road names are assigned or accepted they must not duplicate a name within the County. Furthermore, since emergency services are dispatched from a variety of locations, including centres outside the County of Lambton, it is necessary to ensure that there will be no confusion with regard to locating a property. Therefore, a new name should not be overly difficult to pronounce or sound the same as another road name in the County of Lambton. Road Name Registry 7.2 When a development proposal, such as a plan of subdivision, will involve the dedication of a new road to the First Nation, or where the First Nation intends to open a road allowance or rename an existing road, the First Nation shall first consult the County of Lambton. The County will review road name registry to determine whether a proposed road name would be in conflict with County-wide Community Addressing. 7.3 If a plan of subdivision is involved, the First Nation will not give its final approval until suitable road names have been determined and the proponent is so advised. 7.4 If a right of way is being created for a new private road access to development, the First Nation will ensure, as a condition of consent, that an appropriate road name is assigned prior to the registration of the plan of survey. A proposed road name will be cleared through the Countys registry of road names prior to being accepted by the First Nation. 7.5 The First Nation will advise the County as to the selected road name so that the registry can be maintained. 8. NOTIFICATION OF ASSIGNED ADDRESS 8.1 Immediately following the assigning of a new or changed address number for a building or a lot, the Road Superintendent is responsible for making the necessary entries on addressing maps and/or records, and for providing written notice to the owner and applicable agencies and departments which require continuous update of community address changes. These agencies would include but are not limited to the following: Fire Department Police Department Ambulance Service In the case of a changed address where a property is posted with a sign, a correct community addressing sign should be produced and the existing sign replaced as soon as possible. 8.2 Where an assigned address does not fit within the intersection number ranges for the affected section of road, as shown on the addressing maps, the Road Superintendent should confer with the County and the need to revise the map or recalculate the address will be determined. 7
8.3 Where a property is addressed with a unit number (see section 2.6), the Road Superintendent will ensure that any existing property identification sign at the public road is accurate in terms of the new unit number. The First Nation can supply the lettering and materials to adjust a sign. 9. ROAD IDENTIFICATION SIGNS 9.1 The following criteria apply to signs in the rural area and on road with higher speed limits. 9.2 Road signs shall normally be mounted on poles separate from regulatory signs and shall not be posted on a stop sign. The road sign poles shall generally be on the opposite side of the road from regulatory signs. 9.3 The following number of posts will be required as a minimum for each intersection: Type of Intersection Number of Comments Posts T Intersections 1 Located across the intersection opposite the centre line of the intersecting road Local Roads intersecting with Local 1 Where 2 roads meet with 3 or 4 different names, 2 posts are Roads required because of the extra signs to distinguish which name applies to each road Local Roads Intersecting with County 2 With the exception of T , or Y or some other type of Roads and Highways configuration where only one sign is required 9.4 Road name plates shall be 200mm (8”) green blades with pressure application of engineering grade or high intensity reflective vinyl to the blank. Lettering shall be reflective white on a green background with lettering on both sides of the sign. 9.5 Lettering shall generally be done by the pressure application of letters. Lettering shall be upper case standard block style. Lettering size and sign blank height shall be as follows: 300 mm (8”) sign blank 75 mm (3”) high road name 50 mm (2”) high road designator (Line, Road, etc.) 25 mm .(1”) road jurisdiction name 50 mm (2”) high address number________ 8
THIS BY-LAW IS HEREBY made at a duly convened meeting of the Council of the Walpole Island Band this 7th day of June, 2004. Voting in favour of the by-law are the following members of the Council: Member of Council Member of Council Number o f members of the Council present at the meeting 11 I, Donna L. Day, Chief of the Band, do hereby certify that an original o f the foregoing By-law No. 01-2004 was m ailed to the M inister o f Indian Affairs pursuant to section 82 (1 ) of the Indian Act, this day of June 2004. Chief ^ 9- Witnes:
The Council of Province Chronological No. WALPOLE ISLAND FIRST NATION ONTARIO #1995-04 P L | 0 D M Reference No. Date of duly convened meeting | 7 0 | 6 0 | Y 4 | DO HEREBY RESOLVE: COMMUNITY ADDRESSING ON WALPOLE ISLAND FIRST NATION BY-LAW NUMBER 01-2004 Moved by: Patrick H. Isaac Seconded by: Ronald Soney BEING a By-Law to establish a community addressing system for Walpole Island First Nation, including a numbering policy for the numbering of buildings along the roads and for affixing numbers to buildings, property identification and street identification. WHEREAS, Section 81 (1), (a), (c), (d), (r) of the Indian Act, authorizes the Council to pass By- Laws for the numbering of the buildings and lots that is considered necessary to number by the Council, and for affixing numbers to the buildings, and WHEREAS, the Council of Walpole Island First Nation deems it expedient and in the public interest to adopt a community addressing system to facilitate access to emergency services and other purposes. THEREFORE, BE IT RESOLVED, the Walpole Island First Nation Chief and Council hereby enact By-Law 01-2004 also cited as the Community Addressing By-Law.” CARRIED Councillor Councillor Councillor NOTE: The words "from our Band Funds" "capital" or "revenue", whichever is the case, must apear in all resolutions requesting expenditures from Band Funds.
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