TOWNSHIP OF LANARK HIGHLANDS POLICY FOR THE STOPPING UP, CLOSURE AND SALE OF ROADS POLICY STATEMENT

Transcription

1 TOWNSHIP OF LANARK HIGHLANDS POLICY FOR THE STOPPING UP, CLOSURE AND SALE OF ROADS Approval Date: POLICY STATEMENT The Municipal Act provides that the Council of a municipality may pass by-laws for stopping up all or part of a highway and for the leasing or selling of the same. This policy covers the permanent closing of municipal streets and unopened road allowances within the Township of Lanark Highlands. This policy is formulated to comply with the Municipal Act. Unless the best interests of the municipality dictates otherwise, as so deemed by a resolution of Council, the closing of municipal streets and unopened road allowances shall be in accordance with this policy. PURPOSE The Township will consider requests to stop-up, close and sell municipal unopened road allowances, provided that: a) The unopened road allowance is deemed surplus to the Municipality s current and future needs; and b) All costs are born by the applicant and/or those persons to whom the lands are sold. 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 that circulation to, and approval from, other agencies may be required in addition to municipal approval. Legislation 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

2 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 property under its control. Section 43 of the Municipal Act, 2001, S.O c. 25, as amended, provides that: A municipality that permanently closes a highway shall not convey the land forming the highway if it is covered with water without the consent of the Ministry of Natural Resources. Section 34 for the Municipal Act, 2001, S.O c. 25, as amended, provides that: A by-law permanently closing a highway does not take effect until a certified copy of the by-law is registered in the proper land registry office. And A by-law permanently closing a highway shall not be passed without the consent of the Government of Canada if the highway, (a) abuts on land, including land covered by water, owned by the Crown in right of Canada; or (b) leads to or abuts on a bridge, wharf, dock, quay or other work owned by the Crown in right of Canada. APPLICATION Procedures Procedures for the stopping up, closing and sale of road allowances shall follow the checklist of procedures as laid out in Schedule A of this Policy. The Township recognizes that while most road closures and sale of land applications will follow this process, there may be unique circumstances that require variations on the order and specifics of each step, which will be detailed to Council for approval. The process shall generally include: 1. Written Request The Applicant shall submit a written request, including a detailed sketch, to the Clerk. The sketch shall include the lot, concession, geographic township, adjacent roadways and measurements of the portion to be closed 2. Consideration by Committee of the Whole The Committee of the Whole shall review the application and make a recommendation to proceed or reject the application. a. Rejection of Application - If the Committee recommends the application be rejected, the issue will be placed on the Council

3 agenda for formal denial. If Council formally denies the application, applicant is to be advised and file closed. b. Acceptance of the Application - If the Committee recommends approval of the application, the issue will be placed on the Council agenda for formal resolution, declaring the lands to be surplus and giving direction to Staff to proceed. 3. Deposit The Applicant must submit a $1,000 deposit to cover administration, advertising, appraisal, legal and land value costs and survey costs (if applicable see #11 below). The Applicant shall also execute an agreement to compensate the municipality for any costs over and above the deposit. A refund will be offered to the Applicant if the costs are less than the deposit. 4. Circulation to Adjacent Landowners As laid out in steps 7-9 of Schedule A of this Policy, the Clerk shall notify all landowners abutting the portion of the unopened road allowance proposed to be closed and sold. 5. Appraisal and Survey A professional appraisal and a Registered Plan will be obtained for the portion of the unopened road allowance. 6. Notice At least 20 days before the scheduled meeting of Council, notice will be sent to all parties as listed in steps 12 and 13. Notice will be circulated to adjacent land owners, as well as agencies that may be affected by the sale. 7. Bylaw Council will pass a bylaw confirming the sale of the lands. Council will obtain consent, if required, from the Government of Canada and Ontario. 8. Purchase and sale Township staff, the Applicant and municipal lawyers are to execute a purchase and sale agreement and prepare and deliver documents as detailed in Sections

4 Schedule A to Road Closures Policy Checklist Checklist for Road Closure Process 1. Receive written request for road closing, together with detailed sketch of subject property, and acknowledgment that Applicant agrees to pay all related expenses. 2. Staff prepares report and submits to Committee of the Whole (include map, written request, feedback from Planning, Roads, etc.; and any other pertinent details). 3. The Committee shall review the application and make a recommendation to reject or approve the application 4. If the Committee recommends that the application be rejected, the issue will be placed on the Council agenda for formal denial. If Council formally denies the application, the Applicant is to be advised and the file closed. 5. If application is supported, Council must, by resolution, declare property surplus to the needs of the municipality and direct staff to proceed 6. Applicant must submit a $1,000 deposit to cover administration, advertising, appraisal, legal and land value costs and survey costs (if applicable see #11 below). Applicant shall also execute an agreement to compensate the municipality for any costs over and above the deposit. A refund will be offered to the Applicant if the costs are less than the deposit. 7. The application sketch shall be reviewed, identifying the holdings of any adjacent landowners and the portion of the roadway to which they have a right of first refusal. 8. Clerk to prepare letter to adjacent landowners (if any) detailing the proposal (including a copy of the sketch), ascertaining their interest in purchasing the abutting lands and requesting confirmation of interest/concerns. Adjacent landowners will be afforded a minimum of 3 weeks to respond. The name, phone number and address of all such persons will be noted in the file together with decision as to whether or not to participate and acquire a portion of the unopened road allowance. 9. If no interest shown by adjacent landowners to purchase road allowance abutting their lands, the Applicant and other immediately adjacent landowners who have shown interest in acquiring the lands, will be given the opportunity to purchase the unclaimed portions of land. The unclaimed land will be distributed equally among the interested parties, unless another mutually agreeable arrangement can be reached. 10. Council must obtain at least one appraisal of fair market value of land, and Date

5 (a) Ensure that appraisal amount accepted by the municipality, the Applicant and any other adjoining land owners interested in purchasing part of the road. 11. Applicant to retain Ontario Land Surveyor and: (a) Provide draft R-Plan to municipality for approval; (b) Provide 6 copies of the deposited R-Plan to the municipality OR, if Applicant and one or more adjacent landowner are wishing to purchase the road allowance, then Township may wish to obtain an estimate for the survey. Township should then ensure that estimate accepted by Applicant and other interested adjoining land owners. NB: If using R-Plan to determine purchase price, ensure that purchase price accepted by both municipality, Applicant and other adjoining landowners interested in purchasing part of the road 12. At least 20 calendar days prior to the Council meeting to permanently close the road and sell the lands, Council shall give notice to the public of its intention to pass the by-law Notice to the public of the proposed sale shall be by way of: (a) An ad in the local paper (b) A notice on the web page and, (c) A notice posted on the property for 14 days In addition, notice shall be mailed to all property owners abutting the unopened allowance (regardless of whether they are adjacent the portion to be sold); all land owners within 120 m of the lands to be sold, 20 days prior to passing the by-law. 13. Township shall forward a copy of the Notice to the Clerk of the County of Lanark, and all relevant agencies, including, but not limited to: Bell Canada Hydro One Mississippi Valley Conservation Authority Ontario Ministry of Natural Resources Ontario Ministry of Transportation (if a portion of the road allowance adjoins a provincial highway)

6 14. Council shall obtain the consent of other agencies, if required, before permanently closing a highway: (a) The Government of Canada, its ministries or agencies, if the highway (a) abuts on land, including land covered by water, owned by the Crown in right of Canada; or (b) leads to or abuts on a bridge, wharf, dock, quay or other work owned by the Crown in right of Canada. [s. 34(2), Municipal Act, 2001, SO 2001, c. 25] (b) The Government of Ontario, its ministries or agencies, pursuant to s. 43 of the Municipal Act, 2001 a municipality that permanently closes a highway shall not convey the land forming the highway if it is covered with water without the consent of the Ministry of Natural Resources and Forestry 15. Municipality to instruct solicitor to sub-search title 16. Receive title information from solicitor 17. Pass By-Law closing, stopping up and selling road allowance. By-Law to include: (a) Confirmation that the lands were declared surplus; (b) Notice provisions were satisfied; (c) Council has heard from persons claiming to be prejudicially affected by the By-Law who applied to be heard (d) A description, acceptable to the Land Registrar, of the lands being closed and stopped up; (e) Setting out the full name of the person to whom the lands to be conveyed (from the solicitor s title search) and the purchase price for the conveyance; and (f) Stating who has authority to sign the documents on behalf of the municipality 18. Entering into a Site Plan Control Agreement or Development Agreement, if applicable 19. Agreements of Purchase and Sale to be drafted between Township and Applicant and Township and other interested adjoining land owners 20. Municipality to forward the following to solicitor: (a) Certified copy of By-law authorizing the closing, stopping up and sale of the road; (b) R-Plan (c) Copy of public notice (d) Name of local paper where notice was placed (e) Contact information of purchaser, including name of solicitor and contact information of solicitor, if applicable

7 21. Payment of purchase price to municipality and balance of costs, including estimated survey, advertising, municipal costs, estimated legal fees and disbursements 22. Solicitor to draft the following and forward to municipality for signature: (a) in preparation By-Law for registration, including Acknowledgment and Direction; (b) in preparation Transfer, including Acknowledgment and Direction; (c) Certificate of Compliance (d) Declaration of Clerk re: compliance with By-Laws 23. Solicitor to draft the following for signature by purchaser: (a) in preparation Transfer including Acknowledgment and Direction or messaging draft Transfer to purchaser s solicitor (b) in preparation Application to Consolidate road with purchaser s abutting lands including Acknowledgment and Direction or messaging draft Application to Consolidate to purchaser s solicitor (c) Direction re: Title (d) Undertaking to include the road closing being conveyed into any existing mortgages registered on title 24. Documents set out in paragraph 23 above signed by Mayor and Clerk and forwarded to solicitor for registration 25. Documents set out in paragraph 24 signed by Purchaser and forwarded to solicitor by purchaser s lawyer, or solicitor to meet with Purchaser to sign documents 26. Solicitor to register documents and forward report to municipality 27. Copy of registered documents forwarded to Purchasers 28. Final reconciliation of deposit account 29. File Closed