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HomeMy Public PortalAboutBy-law 2023-09 Adopt Policy for Unopened Road Allowance ImprovementsCORPORATION OF THE MUNICIPALITY OF TWEED BY-LAW NO. 2023-09 Being a By -Law to Adopt a Policy for Unopened Road Allowance Improvements for the Municipality of Tweed, and to Repeal By-law No. 2005-29. WHEREAS Section 28 (2) (a) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a local municipality has jurisdiction over all road allowances in the municipality that were made by the Crown surveyors; AND WHEREAS the Council of the Corporation of the Municipality of Tweed deems it expedient to have in place a policy for improvements to unopened road allowances by individuals; NOW THEREFORE the Council of the Corporation of the Municipality of Tweed enacts as follows: 1. THAT the Policy for Unopened Road Allowance Improvements attached hereto as Schedule 'A' to this By-law is hereby adopted as the Policy for Unopened Road Allowance Improvements in the Municipality of Tweed. 2. THAT Schedule `A' attached hereto forms part of this By-law. 3. THAT By-law No. 2005-29 is hereby repealed in its entirety. 4. THAT this By-law shall come into force and take effect immediately upon the passing thereof by the Council of the Corporation of the Municipality of Tweed. Read a first, second, and third and final time, passed, signed, and sealed in open Council this 8th day of March, 2023. day /0,Z,Zrwfw, MAYOR -----) /CL RK 1 c! SCHEDULE 'A' TO BY-LAW NO. 2023-09 POLICY FOR UNOPENED ROAD ALLOWANCE IMPROVEMENTS The following provisions shall apply for all requests for improvements to unopened road allowances in the Municipality of Tweed. 1 The Council of the Municipality of Tweed shall have sole discretion in granting permission to any person requesting permission to carry out improvements to unopened road allowances in the Municipality. 2. The granting of permission for improvements to unopened road allowances shall include the following conditions: i. Location of the unopened road allowance shall be confirmed by a survey from an Ontario Land Surveyor. ii. All brush cut shall be cleared from the road allowance. iii. All wood cut shall be provided to immediate adjacent landowners. iv. All road allowance improvements are subject to approval of the Public Works Manager or Supervisor. 3. Permission for improvements to unopened road allowances may include additional conditions including, but not limited to, the following: v. Maximum width and length of road allowances to be improved. vi. Written approval from outside agencies (I.e. Quinte Conservation, Ministry of Natural Resources). vii. Types of trees entitled to be cut. 4. The Municipality of Tweed shall provide written notice to property owners adjacent to the unopened road allowance of the proposed improvements; property owners must provide written response within a one -month period of any concerns regarding the proposed improvements. 5. Final permission for unopened road allowance improvements shall be provided following the one -month period, subject to response from adjacent property owners. This policy shall remain in effect unless otherwise amended or repealed by the Council of the Corporation of the Municipality of Tweed.