HomeMy Public PortalAboutBy-law 2023-44 Policy to Close and Sell Municipal Road AllowancesCORPORATION OF THE MUNICIPALITY OF TWEED
BY-LAW NO. 2023-44
Being a By -Law to Adopt a Policy and Procedures to Close and Sell a Municipal
Road Allowance for the Corporation of the Municipality of Tweed, and to Repeal
By-law No. 2016-45.
WHEREAS the Municipal Act, 2001, S.O. 2001, e. 25, as amended, provides the
general authority for Councils to adopt policies;
AND WHEREAS Section 27 (1) of the Municipal Act, 2002, S.Q. 2001, c. 25, as
amended, provides that a municipality may pass by-laws in respect of a highway
only if it has jurisdiction over the highway;
AND WHEREAS Section 28 (2) of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a local municipality has jurisdiction over all road allowances
located in the municipality that were made by the Crown surveyors; and all road
allowances, highways, streets and lanes shown on a registered plan of subdivision;
AND WHEREAS Council has deemed it expedient to set a policy and procedures to
close and sell a municipal road allowance for the Corporation of the Municipality of
Tweed;
NOW THEREFORE the Council of the Corporation of the Municipality of Tweed
enacts as follows:
1. THAT the Policy and Procedures to Close and Sell a Municipal Road
Allowance attached hereto as Schedule `A' to this By -Law is hereby adopted
as the policy and procedures to close and sell a municipal road allowance in
the Municipality of Tweed.
2. THAT By-law No. 2016-45 is hereby repealed in its entirety.
2. 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 23rd day of May, 2023.
MAYOR
II /2
JZJvA
CLERK
SCHEDULE 'A' TO BY-LAW NO. 2023-44
Municipality of Tweed
Policy and Procedures
to Close and Sell a Municipal Road Allowance
PURPOSE
To establish the fees, costs and procedures for an application to purchase portions of
the Municipal Road Allowance.
The Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a Council of a
Municipality may pass by-laws for stopping up all or part of a highway and for selling the
same. A highway includes any road under the municipality's jurisdiction.
Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a
lower -tier municipality may provide any service or thing that the municipality considers
necessary or desirable for the public.
Section 391 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a
municipality may impose fees or charges on persons:
a) For services or activities provided or done by or on behalf of it;
b) For costs payable by it for services or activities provided or done by or on behalf
of any other municipality or any local board; and
c) For the use of its property including a property under its control.
POLICY — General Provision
The Municipality will consider requests to stop -up, close and sell municipally owned
road allowances provided:
a) The unopened road allowance is deemed to not be required for current or future
municipal use;
b) Council's policy is that where road allowances abut the shores of rivers and are
not required for public access to the water, such road allowances may be closed
by the Municipality;
c) All costs (survey costs, legal fees, etc.) are borne by the applicant and/or to
those persons whom the lands are to be sold. There shall be no expense to the
municipality.
d) Section 34(7) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides
that a By-law which has the effect of permanently closing or altering a highway is
not valid if the result is a person having no motor vehicle access to and from the
person's land over any highway, unless the person agrees to such by-law.
It is specifically noted that unopened road allowances which lead to waterbodies are of
significant interest to not only the Municipality but also other government and regulatory
agencies. Although an application for closure may be submitted, the applicant should be
aware, circulation to and approval from other agencies may be required in addition to
municipal approval.
Generally, the Municipality will only consider applications for road allowance closings
form abutting landowners. However, this is not a legislative requirement and in certain
cases, an application to close and convey a road allowance may be accepted form a
property owner that does not abut the road allowance.
This policy does not apply to the sale of land under Part XI of the Municipal Act, 2001,
S.O. 2001, c.25, as amended, - Sale of Land for Tax Arrears.
The Municipality will only consider closure of the entire width of the subject road
allowance. Generally, the Municipality will convey half of the width of the road allowance
to each abutting landowner unless there is agreement between the abutting landowners
or Section 3(b) of this policy applies.
It is not the intention of the Municipality to offer for sale a portion of a road allowance, as
the creation of a new developable parcel of land. The portion being offered for sale will
merge with the applicant(s) land adjacent to the subject road allowance.
The total land acquisition cost will be calculated at the value set out in this policy, and
updated from time to time, times the number of hectares as determined by the
Reference Plan. The Reference Plan will be completed by an Ontario Land Surveyor
and will indicate the portions of road allowance to be conveyed. A survey is essential if
an existing reference plan does not show the road allowance as having a separate part
number. Surveys are not the responsibility of the Municipality.
The transfer shall be prepared by the Municipality's solicitor at the applicant' expense
and final approval of the required By -Law will not be given until the realty taxes on the
applicant's property are paid up to date.
PROCEDURE:
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1. Written request — submission requirements:
a. For Council to review the request, the applicant shall submit the following
information:
i. The application form which shall include an accurate description of
the portion of the road allowance requesting to be closed, and a
legal description of the applicant's lands. Application shall also
contain the reasons requesting the closure of the road allowance.
ii. A map of the proposed road allowance to be stopped up and
closed, including the identification of adjacent lands, including the
location of buildings.
iii. A copy of the transfer/deed of land adjacent to the road allowance,
owned by the applicant(s).
iv. A non-refundable $500.00 application fee and a $1,000 deposit to
cover administrative and legal costs. A deposit of ten percent (10%)
of the appraised value, or at least $500.00, whichever is higher,
shall be submitted with the application.
2. Council acceptance or rejection of application.
a. Once all submission requirements are received, the Clerk will circulate to
all departments for comments. The application and Departmental
comments will then be referred to Council for acceptance or rejection. If
Council wishes to proceed with the closing and sale of the municipal road
allowance, a resolution shall be prepared declaring the land surplus and
available for sale. If the recommendation is to reject the application, the
applicant(s) will be refunded the deposit less any costs incurred to date.
3. Circulation to adjacent landowners.
a. The Municipality will conduct a detailed search to ascertain the property
names and addresses of all owners of lands abutting the portion of the
unopened road allowance proposed to be closed and sold. A sketch will
be prepared showing the holdings of any adjacent owners and the portion
of the roadway to which they have a right of first refusal. The adjacent
landowners will be contacted in writing, to ascertain their interest in the
purchase of abutting lands. Adjacent landowners will be afforded a
minimum of three (3) weeks to respond to the letter. The name(s) and
address(es) of all such persons will be noted in the file as well as their
decision whether or not to participate and acquire a portion of the
unopened road allowance.
b. Should there be no interest shown in the purchase of the portion of the
unopened road allowance, the applicant(s) and any other immediately
adjacent landowner who has shown interest in acquiring the lands, will be
given the opportunity to purchase the unclaimed portions of sale of land.
c. Any adjacent landowners that express interest, must also submit an
application as set out in Section 1 of this policy.
4. Notice to public, concurrent with Section 3.
a. Prior to selling any municipal road allowance, the Municipality shall give
notice to the public of the proposed closing and sale of the municipal road
allowance and hold a minimum of one public meeting.
b. An advertisement shall be placed in at least one newspaper having
general circulation within the local area once a week for a minimum period
of two consecutive weeks advising the date, time and location of the public
meeting.
c. The Notice shall also be posted on the Municipal website and at the
Municipal office.
d. Copies will also be posted in the immediate vicinity of the portion of the
unopened road allowance proposed to be closed and sold.
e. The Notice shall include a brief description of the road allowance and a
sketch, if at all possible, as well as the date, time and location of the public
meeting.
f. The Notice shall be circulated to any agencies with known infrastructure
on the road allowance. These agencies may include telecommunications
companies, energy companies, etc. If there is no knowledge of
infrastructure on or buried in the road allowance, the Municipality may
circulate the Notice to agencies, at the Clerk's discretion.
g. The Notice shall be circulated to Hastings County Planning Department
and Quinte Conservation Authority.
h. After public consultation, a report will be submitted to Council at the next
regular or special meeting for further consideration with respect to final
decision to close road and at this time a Council resolution is required to
proceed to next steps, if applicable.
5. Road allowance valuation.
a. The Municipality will obtain at least once every two years, an updated
appraisal of the fair market value of an unopened road allowance from a
local real estate agent. The value is to be set as a price per hectare and
the price will be publicly posted by the Municipality on the municipal
website and as an addendum to the application.
6. Reference plan (survey) of road allowance.
a. The applicant(s) shall obtain a reference plan (survey), prepared by an
Ontario Land Surveyor, of the area proposed for closing and sale and
submit such to the Municipality prior to the commencing of any legal work
concerning the road closing. The draft reference plan MUST NOT be
deposited in the Registry Office prior to its approval by the Municipality.
Once the draft plan is approved the structures may be removed from the
reference plan and the plan may be deposited at the Registry Office. Two
copies of the Registered Plan must be submitted to the Municipality.
7. Closing and sale of municipal road allowance by-law.
a. Once a reference plan has been deposited in the Registry Office, the
municipal solicitor shall be authorized to proceed with the preparation of
the legal work concerning the road closing.
b. The Closing and Sale of Municipal Road Allowance By-law will be brought
to Council for formal approval.
c. The transfer of the land will only be completed once the legal work is
completed and after receipt of total payment.
8. Refunds for cancelled acquisitions.
a. If the applicant(s) decides not to proceed with the acquisition, the
applicant(s) will be responsible for costs associated with advertising, legal
and administrative costs incurred to the date of the acquisition
cancellation. The remainder of the deposit will be refunded, and the ten
percent (10%) deposit of purchase price will be refunded in full. The
administrative fee of $500.00 is non-refundable.
b. Should an applicant(s) decide not to proceed with the purchase, other
applicant(s), if applicable, can proceed to purchase both parts of the road
allowance at the value of each part.
9. Errors and omissions.
a. It is acknowledged that any error or omission in following the procedures,
in which error or omission was not the result of bad faith on behalf of the
Municipality, will not necessarily render such disposal invalid or void.
10. Privacy.
a. The disclosure of information relevant to the sale of Surplus Lands shall
be in accordance with the provisions of the Municipal Freedom of
Information and Protection of Privacy Act, R.S. O. 1990, c. M. 56, as
amended.
(4118
Application to Close a
Municipal Road Allowance
Please Print
Applicant Information
Name
Home Phone No.
Work Phone No.
Cell Phone No.
Mailing Address:
Email Address:
Authorized Agent , if any. Authorization letter required if utilizing an Agent.
"`dame:
Phone No.:
Fax Number:
Address:
Email Address:
Location of the Applicant(s) Property:
Concession:
Lot:
Registered Plan:
Part(s) #
Civic Address
Location of the Subject Road Allowance:
Concession:
Lot:
Registered Plan:
Part(s)#
Reasons for Closure Request:
Known Infrastructure (i.e. hydro wires, natural gas pipes, etc.):
Signature of Applicant / Agent
Signature of Applicant / Agent
Printed Name of Applicant / Agent Printed Name of Applicant / Agent
Date
Date