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.
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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 .
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