Loading...
HomeMy Public PortalAbout01-038 - By-law to Establish a Procedure for the Stopping Up, Closing, and Sale of Unopened Road AllowanceTHE CORPORA TlON OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS BY-LA W NO. 3<;( -0/ BEI/WG A BY-LA W TO ESTABLISH A PROCEDURE FOR THE STOPPING UP, CL OsING AND SALE OF UNOPENED ROAD ALLOWANCES. Wflli REAS Section 297(1) of the Municipal Act, R.S.O. 1990, Chapter M . 45 aut orizes Council to stop up, close and sell unopened road allowances it deems sur ,Vus to its needs; NO W THEREFORE the Council of the Corporation of the Township of Leeds and the Th d'usand Islands enacts as follows: 1. That the Application for Road, Closure and/or Sale attached hereto as Schedule # A" is hereby approved. 2. That this by-law shall take full force and effect upon the final passage thereof. a first second and third time and finally passed this 23'd.day of 2~· Reeve Wp Q'po ta lby -law lpolicy (oad closing procedure THE CORPORA TION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS BY-LAW NO. 3)1-DJ BEl G A BY-LAW TO ESTABLISH A PROCEDURE FOR THE STOPPING UP, CL ING AND SALE OF UNOPENED ROAD ALLOWANCES. REAS Section 297(1) of the Municipal Act, R.S.O. 1990, Chapter M. 45 aut orizes Council to stop up, close and sell unopened road allowances it deems sur · us to its needs; THEREFORE the Council of the Corporation of the Township of Leeds and the sand Islands enacts as follows: 1. That the Application for Road Closure and/or Sale attached hereto as Schedule U A U is hereby approved. 2. That this by-law shall take full force and effect upon the final passage thereof. a f i rst, second and third time and finally passed this 23'd.day of Reeve Wp ta lby-/aw lpolicy road closing procedure TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS APPLICATION FOR ROAD CLOSURE AND/OR SALE ApRll icant: Name: Mailing Address: Location of Owners Lands: Lot: Concession: Township: R.P. plan: Agent: LO cR ation and description of lands to be closed/conveyed (at tach ma ~ and additional pages as necessary ): Ab J ttin g Land Owners: (1) (Us Additional Pages I Necessary) (2 Re~est for : (Check Applicable) (1) Closure: (2) Sale: (3) Other: Application Fee Enclosed ($600.00): cow t Agreemen t : applicant hereby covenants and agrees to pay the fair market ue o f the road allowance lands affected as determined by a real ate appraiser and approved by Council. The costs of the raisal is the responsibility of the applicant. applicant hereby covenants and agrees to bear all costs ated to the closure and /or sale of the above described road owance including all related legal, surveying and inistrative costs whether or not the aforesaid road closure lo r sale is finally approved and completed. TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS APPLICATION FOR ROAD CLOSURE AND/OR SALE Ap icant: Name: Mailing Address: Location of Owners Lands: Lot: Concession: Township: R.P. plan: Ag t: Lo ation and description of lands to be closed/conveyed (attach ma and additional pages as necessary): Ab tting Land Owners: (1) (Us Additional Paqes I Necessary) (2 Re est for : (Check Applicable) (1) Closure: (2) Sale: (3) Other: Ap ·lication Fee Enclosed ($600.00): Co t Agreement: applicant hereby covenants and agrees to pay the fair market ue of the road allowance lands affected as determined by a real ate appraiser and approved by Council. The costs of the raisal is the responsibility of the applicant. applicant hereby covenants and agrees to bear all costs ated to the closure and /or sale of the above described road a owance including all related legal, surveying and a inistrative costs whether or not the aforesaid road closure a l or sale is finally approved and completed. The j APPlicant shall deposit with the Township a sum of $600.00 on acc unt of such fees and disbursements. The Applicant shall upon rec ipt of a written ~emand from the Township pay to township or its nominees any amount due above and beyond the aforesaid deposit wit in 30 days. All il surveys and plans that may be required or necessary for the oses of this road closure shall be the sole responsibility of applicant and shall be undertaken and submitted to the To ~ship prior to giving of notice of the intent to stop us, close and ll sell the subject road. Wh ~ the proposal has been reviewed and completed, or rejected or sto ped and all accounts related thereto have been rendered, the To ship shall refund to the Applicant the remainder of the dep sit, if any. wi t ill ess: Signed: (Owner or Agent) Signed: (Owner or Agent) Date : __________________________ _ oft~f e Use, Datie Received: Fee Deposited: (w dl "Pdata \fonns\road close. application The Applicant shall deposit with the Township a sum of $600.00 on acc unt of such fees and disbursements. The Applicant shall upon rec ipt of a written demand from the Township pay to township or its nominees any amoun't due above and beyond the aforesaid deposit wit in 30 days. All surveys and plans that may be required or necessary for the oses of this road closure shall be the sole responsibility of applicant and shall be undertaken and submitted to the To ship prior to giving of notice of the intent to stop us , close and sell the subject road. Whe the proposal has been reviewed and completed, or rejected or sto ped and all accounts related thereto have been rendered, the To ship shall refund to the Applicant the remainder of the dep sit, if any. wit ess: Signed: (Owner or Agent) Signed: (Owner or Agent) Date : __________________________ _ Off ' e Use : Dat Received: Fee Deposi ted: (w: wpdata\forms\road close. application Municipal Road Closings References: Municipal Act Ministry of Municipal Affairs ane Housing publication entitled "Public Road Allowances, a procedural guideline". The procedure for closing of a road is fairly clearly established and should be followed in detail in oreer to avoid challenges to the by-law later and possible embarassment to all concerned. The following procedure is recommended: Council Consideration: 1. 2. 3. ~ 4. Road closings are usually initiated by an abutting land owner who wishes to have the road closed for his own purposes. Opposed to this Is the public's interest in the road allowance which the Municipal Act has entrusted to the municipal council. The Council must determine if the road allowance is or might in the future serve a useful purpose to the public. If so, Council is under no obligation to give any consideration to such a request. If Council determines that the closing of the roae is in the public's interest, the Council shall determine a price at which it is to be sold and the owner of the land whose property abuts on the road allowance has the right to purchase at that price. Further, if there are more than one owner, each owner has the right to purchase the half that abuts on his land. Only if the abutting owners do not exercise their right to purchase, may the Council offer the land for sale to others (see Section 316 for more eetails). Council must pass a resolution of their intent to close and sell prior to any action being taken by the Clerk. Clerk's Duties: 1. In the case of a Township, the Clerk must serve a notice on the Clerk of the County of their intent to stop up, and close any highway. Township's lawyer may also provide such notice but only on the instruction of the Township Council as expressed in a resolution. Villages and Towns are not required to seek the approval of County Councils. • • • • •• 2 Municipal Road Closings References: Municipal Act Ministry of Municipal Affairs anc Housing publication entitled "Public Road Allowances, a procedural guideline". The procedure for closing of a road is fairly clearly established and should be followed in detail in order to avoid challenges to the by-law later and possible embarassment to all concerned. The following procedure is recommended: Council Consideration: 1. 2. 3. .x-4. Road closings are usually initiated by an abutting land owner who wishes to have the road closed for his own purposes. Opposed to this is the public's interest in the road allowance which the Municipal Act has entrusted to the municipal council. The Council must determine if the road allowance is or might in the future serve a useful purpose to the public. If so, Council is under no obligation to give any consideration to such a request. If Council determines that the closing of the roac is in the public's interest, the Council shall determine a price at which it is to be sold and the owner of the land whose property abuts on the road allowance has the right to purchase at that price. Further, if there are more than one owner, each owner has the right to purchase the half that abuts on his land. Only if the abutting owners do not exercise their right to purchase, may the Council offer the land for sale to others (see Section 316 for more cetails) • Council must pass a resolution of their intent to close and sell prior to any action being taken by the Clerk. Clerk's Duties: 1. In the case of a Township, the Clerk must serve a notice on the Clerk of the County of their intent to stop up, and close any highway. Township's lawyer may also provide such notice but only on the instruction of the Township Council as expressed in a resolution. Villages and Towns are not required to seek the approval of County Councils. • • • • •• 2 · . 2 2. Prior to passing a by-law under Section 298(1){c) and also (d), villages and townships are required to publish a notice of the intent of Council to pass the by-law and to post a notice in six locations in close proximity to the road for a period of one month (see Section 301). This implies that this notice must be checked periodically to confirm that it remained posted for one month. A record must be kept by the Clerk of where the notices were posted and when they were checked. , The notice must provide a description of the road to be closed, the intent of Council, that persons who object to the by-law will be heard and details as to how and when such objection will be heard. 3. Determine if road leads to or along water. If so, the approval of the Minister of Municipal Affairs and Housing is required. However, in the case of a Township, the consent of the County is first required and then the by-law is passed and then submitted. All other municipalities must first pass the by-law and then submit it for approval. 4. Consent of County Council is obtained either by a notice in writing that the Counties BY BY-LAW have consented or 60 days have 'expired since the notice was given and no objection has been received. This second criteria is the one which provides the Township with the best protection. 5. A meeting to hear any complaints should be designated and at such a meeting the Clerk should announce the purpose of the meeting and if anyone wishes to be heard. If no one objected, this information should be minuted. If someone does object, his objection must be heard but Council may still proceed with the closing. This is a good time to check if all actions required have been completed: a. Notice of Intent was sent to Counties (if required). b. Notice of Intent was published. c. Notices of Intent were posted, checked and recorded. d. A meeting to hear complaints was held. e. At d., all complaints were heard. f. The consent of the Counties was obtained (if necessary) or 60 days has elapsed. g. That the closing will not deprive any land owner of access or if it does, his release or consent to the closing has to be obtained. • ••.•• 3 · . 2 2. Prior to passing a by-law under Section 298(1){c) and also (d), villages and townships are required to publish a notice of the intent of Council to pass the by-law and to post a notice in six locations in close proximity to the road for a period of one month (see Section 301). This implies that this notice must be checked periodically to confirm that it remained posted for one month. A record must be kept by the Clerk of where the notices were posted and when they were checked. , The notice must provide a description of the road to be closed, the intent of Council, that persons who object to the by-law will be heard and details as to how and when such objection will be heard. 3. Determine if road leads to or along water. If so, the approval of the Minister of Municipal Affairs and Housing is required. However, in the case of a Township, the consent of the County is first required and then the by-law is passed and then submitted. All other municipalities must first pass the by-law and then submit it for approval. 4. Consent of County Council is obtained either by a notice in writing that the Counties BY BY-LAW have consented or 60 days have 'expired since the notice was given and no objection has been received. This second criteria is the one which provides the Township with the best protection. 5. A meeting to hear any complaints should be designated and at such a meeting the Clerk should announce the purpose of the meeting and if anyone wishes to be heard. If no one objected, this information should be minuted. If someone does object, his objection must be heard but Council may still proceed with the closing. This is a good time to check if all actions required have been completed: a. Notice of Intent was sent to Counties (if required). b. Notice of Intent was published. c. Notices of Intent were posted, checked and recorded. d. A meeting to hear complaints was held. e. At d., all complaints were heard. f. The consent of the Counties was obtained (if necessary) or 60 days has elapsed. g. That the closing will not deprive any land owner of access or if it does, his release or consent to the closing has to be obtained. • ••.•• 3 3 6. It would now be in order for Council to pass the by-law. 7. The by-law must be 'registered before it can take effect. A certified copy (two if you want a registered copy for your own files) should be deposited at the local Registry Office without delay, but there does not appear to be any time requirement as to when registration can occur. A Few Additional Notes: 1. Approval of Minister is also required for the altering or closing of any subdivision road if the subdivision plan was registered after 27th March, 1946. 2. There are special requirements in the Registry Act for handling very old plans of subdivision or village compiled plans. 3. Road allowances on Township boundaries are under joint jurisdiction of both Councils (Section 264). Therefore, any action affecting any such road must be taken by both Councils. 4. Section 300 of Municipal Act is very interesting with regards to possession of unopened road allowances. 5. No road can be laid out without the consent of Council (Section 306). 6. Section 280 re: digging on road, is brought to your attention. ~~~ .... _~, .. H ____ ......... _·_ .. _.----.-~.__.._. ______ .• . ---.--.-. -.,. . -.-.--"--- 17«.1 ~·If JiM"/-/';; /y./ ,£r··S _ Jt{,,:, 7' 0 f fo l'/{O/-"N f .... P f'wy",/,r /" {~j//~J "f M ";c '; ,'~-('/oJ'./'(' - r<//;& J-"A rC /' d #C> /"'J'././.'~ -:-,,0./ ,,/' ~ -I' .... ~ :- Iff ?5-,f -y eo /' ,~~/'.; _ 7 ) - -Z u-d /"-'//J)~ "..../."';·~/'.-:j /r.,./ h ,.,.,5 ..., ........ ("~J ~~,f»,,,N',-J ~/"q ~re-,..../ e­ O y s-o 'F ?u c 3 6. It would now be in order for Council to pass the by-law. 7. The by-law must be registered before it can take effect. A certified copy (two if you want a registered copy for your own files) should be deposited at the local Registry Office without delay, but there does not appear to be any time requirement as to when registration can occur. A Few Additional Notes: 1 . Approval of Minister is also required for the altering or closing of any subdivision road if the subdivision plan was registered after 27th March, 1946. 2. There are special requirements in the Registry Act for handling very old plans of subdivision or village compiled plans. 3 . Road allowances on Township boundaries are under joint j urisdiction of both Councils (Section 264). Therefore, any action affecting any such road must be taken by both Councils. 4. Section 300 of Municipal Act is very interesting with regards to possession of unopened road allowances. 5. No road can be laid out without the consent of Council (Section 306). 6. Section 280 re: digging on road, is brought to your attention . --.~--~. ~.--"'~ .. ,~--.. -•.. -~.~~~--.-'" ....... " . ~---.-----_., 1ft'''/ ,{,I; jfM";';!';; Jy./ "';"'5 J ' 0 f ,;:>//{,V "'N <..07 -q"'/7 ._ //t'«.';!",/'r"/« S,fj//A-J ""/ M/'-c'; .,~-('-1>0 /< 7 //4 Y'A/(/ d#" /-')'.//.'~ /,-•. V .. / ~./.-.~,: /"'" //.))-' -/I'."',-~ /,., /1""./ "f~,f:n,.,N'" J ..t'/AQ ~",~".y