Contenu de la décision
JuI-24-02 11:05 From-ASHCROFT & COMPANY 6049131622 T-612 P . 03/07 F-742 ■AM i m. xuj -j f .mu mt SKWAH FIRST NATION ZONING AMENDMENT BY-LAW NO.4,2002-02 Being a By-Law ta repeal and replace By-Law No.3.2002-01 Enacted on the aav of July, 2002 A By-law to further amend Skwah Indian Band Zoning By-Law N o.2 ,1990 WHEREAS on November 13,1990, the Skwah Indian Band Counrii (the “Council”) did pass Skwah Indian Band Zoning By-Law N o.2,1990 (the “Zoning By-Law”) that being a by-law designating the reserves of the Skwah Indian Band or portions thereof as special Development Zones and to prohibit the construction or maintenance of any buildings, or any use of land, or the carrying on of any business, profession, trade or vocation within such Special Development Zones except to the extent that such construction or maintenance of any class of buildings or such use of land, or the carrying on of any such dass of business, profession, trade or vocation conforms to the requirements of Skwah Indian Band Zoning By-Law No.2, 1990 and any amendments thereto; AND WHEREAS on April 19,1991, the Council amended Skwah Indian Band Zoning By-Law N o.2,1990; AND WHEREAS as a result of an application by Adam Mussel], the Certificate of Possession holder of Lot Ô0-2 Skwah Indian Reserve No. 4 ("Lot 5Q-2"), the Zoning Bylaw was further amended by way of Skwah First Nation Zoning Amendment By-Law N o.2 ,1998-01 (the “1998 Amending By-law) to allow for gravel extraction on Lot 50-2. AND WHEREAS Adam Mussell, as the Certificate of Possession holder of Lot 50-2 and Lot 51 (“Lot 51”), of Skwah Indian Reserve No.4, has made a further application for the further amendment of the Zoning By-Law in order to allow for the following: (a) with respect to Lot 50-2: (i) the excavation and removal of sand and gravel; (ii) the reclamation of the pit created by the excavation and removal of sand and gravel by way of filling the cavity of the pit with inert and other approved rill material approved by the Skwah First Nation and the Department of Indian Affairs and Northern Development to the 200 year flood level plus 100 centimeters or to a higher level by using other approved fill to an elevation above the 200 year flood level plus 100 centimeters; (iu) the storage o f equipment, temporary structures and other personal property required fox the excavation and removal o f sand and gravel from Lots 50-2 and 51; and TOTAL P.0? Rb c b iv b c I J u l - 2 4 - P Î 1 0 :1 7 FrQS-604 782 1083 To-ASHCROFT * COMPANY Page 07
JuI-24-02 11:05 From-ASHCROFT i COMPANY 6049131622 T—612 p.04/07 F-742 j u L - 2 4 - r ü . w i i - i 4 iKum r i K b i n h i i u n bU4 '/y j iy y j v .v l m i 2 -(«0 the storage o f overburden, top soil, sand, gravel and inert and other approved fill required for the reclamation o f the pits created by the excavation of Lots SQ-2 and 51. Co) with respect to Lot 51: (i) the excavation and removal of sand and gravel; (ii) the reclamation of the pit created by the excavation and removal of sand and gravel by way of filling the cavity of the pit with inert and other approved fill material approved by the Skwah First Nation and the Department of Indian Affairs and Northern Development ro the 200 year flood level plus 100 centimeters or to a higher level by using other approved fill to an elevation above the 200 year Hood level plus 1ÛQ centimeters; (iii) the storage of equipment, temporary structures and other personal property required for the excavation and removal of sand and gravel from Lots 50-2 and 51; and (iv) the storage of overburden, top soil, sand, gravel and inert other approved fill required for the reclamation of the pits created by the excavation of Lots 50-2 and 51. AND WHEREAS ibe Council of the Skwah First Nation has agreed to further amend the Zoning By-law in accordance with the request of Adam Mussel!; AND WHEREAS THE Council of the Band enacted By-Law No.4, 2002-02 on the ______day of July, 2002, thereby repealing and replacing By-Law No. 3,2002-01. AND WHEREAS the Council of the Band is empowered to make such a By-law and the imposition of a penalty for the violation thereof pursuant to paragraphs 8 i(l)(f), (g), (h), (i), 0). (m), (p), (p.X), (q) and (r) of the Indian Act. NOW THEREFORE BE IT RESOLVED we the Chief and Council of the Skwah First Nation, formerly known as the Skwah Indian Band, at a duly convened meeting, herewith enact as a by-law the following amendments to the Zoning By-Law: Received Ju l-2 4 -Q 2 1 □ - 1 7 From-604 7B2 1083 T q-ASHCROFT « COMPANY Page Û6
JuI-24-02 11:06 From-ASHCROFT t COMPANY 6049131622 T-612 P.05/07 F-742 I M l till U 1 1 1 1 I M I J II I I 1 _il_ 1UJU I i w u 1 - 3 -ÜÜÊ 1. This By-law may be cited as the “SKWAH FIRST NATION ZONING AMENDMENT BY-LAW NO-4,2002-02”. Definitions 2. In this By-law: ‘‘Band” means the Skwah First Nation (Skwah Indian Band), a band of Indians as defined under the Indian Act, "Band Council Resolution" or “Resolution" means a motion, as recorded in the minutes of the meeting, passed and approved at a duly convened meeting of the Band Council pursuant to the consent of a majority of the councillors of the Band present at that meeting; “Chief and Council" or “Band Council” or “Council of the Band” means the Chief and Council of the Band elected pursuant to sections 2(1) and 74 of the Indian Act or any amendments or successors thereto; "Indian Act” means the Indian Act R.S.C. 1985, c. 1-5, as amended or re-enacted from time to time or any regulations promulgated thereunder; “Reserve" means Skwah Indian Reserve No. 4; Additiang ta t te g ra in s g y - ta y a»4 P?nwittr4 Uses 3. Section 6B is hereby added to the Zoning By-Law: (a) the excavation and removal of sand and gravel; (b) the reclamation of the pit created by the excavation and removal of sand and gravel by way of filling the cavity of the pit with inert and other approved fill material approved by the Skwah First Nation and the Department of Indian Affairs and Northern Development to the 200 year flood level plus 1QQ centimeters or to a higher level by using other approved fill to an elevation above the 200 year flood level plus 100 centimeters; Racaived 4«1-24-02 10:17 Froa-604 782 1093 To-ASHCRQFT i COMPANY Pa«« 05
JuI-24-02 11:06 — _£ a im From-ASHCROFT & COMPANY 6049131622 T-612 P . 06/07 F-742 ■ S I IA AX U I X ■ X I S J i || I) 1 ( J N ULM IJA ItlJJ . r.atviat - 4 -(c) the storage of equipment, temporary structures and other personal property required for the excavation and removal of sand and gravel from Lots 50-2 and 51; and (d) the storage of overburden, top sail, sand, gravel and inert and other approved fill required for the reclamation of the pits created by the excavation of Lots 50-2 and 51 is hereby a permitted use for Lot 50-2 on the Reserve until such time as this By-Law is revoked. 4. Section 6C is hereby added to the Zoning By-Law: (a) the excavation and removal o f sand and gravel; (b) the reclamation of the pit created by the excavation and removal of sand and gravel by way of filling the cavity of the pit with inert and otheT approved fill material approved by the Skwah First Nation and the Department of Indian Affairs and Northern Development to the 200 year flood level plus 100 centimeters or to a higher level by using approved fill to un elevation above the 200 year flood level plus 100 centimeters; (c) the storage of equipment, temporary structures and other personal property required for the excavation and removal of sand and gravel from Lots 50-2 and 51; and (d) the storage of overburden, top soil, sand> gravel and inert and other approved fill required for the reclamation of the pits created by the excavation of Lots 50-2 and 51 is hereby a permitted use for Lot 51 on the Reserve until such time as this By-Law is revoked. 5. It is a requirement that all of the foregoing permitted uses set forth in sections 3 and 4 must conform with all applicable laws of Canada and bylaws of the Band. In addition, the Band Council must consent to the terms of any permit or lease which it is proposed be entered into respecting Lots 50-2 and 51 of the Reserve regardless o f whether or not that permit or lease conforms with the permitted uses allowed by this By-Law. Repeal of By-Law No. 3,2002-01 RüClivad 4u 1-24-0 2 1 0 : 1 7 From—B04 792 1DB9 To-ASHCRQFT i COMPANY Paga Q4
Ju1-24-02 11:06 From-ASHCROFT & COMPANY 6049131622 T-612 P.07/07 F-742 1JU I 4 JL. 1UJU l | CJAJi RJ | - 5 -6. This By-Law repeals and replaces By-Law No. 3,2002-01 This By-Law, known as the Skwah First Nation Zoning Amendment Bylaw No.4, 2002-02, is hereby enacted at a duly convened meeting of the Council of the Band held this ~3- 'Y day of July, 2002. Voting in favour of the By-Law are the following members of the Band Council: Chief Councillor Councillor Councillor Councillor * being the majority of those members of the Council of the Skwah First Nation present at the aforesaid meeting of the Band Council. The quorum of the Band Council is three 0 ) members. Number of members of the Band Council present at the meeting: ___ 1, l c s T'-*** Sfy t j f j - e # Chief/Councillor of the Skwah First Nation, do hereby certify that a true copy of the foregoing By-Law was mailed to the Minister of Indian Affairs and Northern Development at the District offices at 600 — 1138 Melville Street, Vancouver, British Columbia, V6E 4S3 in accordance to section 82 (1) of the Indian Act, this day of __ .2QQ2- ' BANDAÛAK>47/b]rlaWzoninçnD4 Rscaivad J u I-24-02 10: 17 From-604 792 1093 Tq-ASHCRÛFT l COUP ANŸ Pass 03
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