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Home My WebLink AboutWD-10-99 / , . } "'"- . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION File # [Xl:;). (j A. Res. #(;) ? p - '6"10 - q C; Date: FEBRUARY 15, 1999 Report No.: WD-IO-99 By-Law # Subject: OAK RIDGES TRAIL ASSOCIATION REQUEST FOR USE OF ROAD ALLOWANCES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-l 0-99 be received; 2. THAT the Oak Ridges Trail Association (ORTA) be granted approval, in principle, to use specified road allowances within the former Township of Clarke, to extend the Oak Ridges Moraine Trail, subject to ORTA fulfilling all conditions, as specified in Attachment No.2, to the satisfaction of the Director of Public Works; 3. THAT the Townships ofManvers and Hope be provided with a copy of this report and advised of Council's decision; 4. THAT the Mayor and Clerk be authorized to execute the proposed by-law authorizing use of the specified unopened road allowances when all conditions have been fulfilled to the satisfaction of the Director of Public Works; and 5. THAT Mr. Roy Forrester, ORTA Chair, Clarington Chapter, be advised of Council's decision. qH3 , REPORT NO.: WD-10-99 PAGE 2 REPORT 1.0 ATTACHMENTS No.1: Key Map No.2: Conditions of the Public Works Department No.3: Sample Release, Waiver and Indemnity 2.0 BACKGROUND 2.1 Council, at its meeting ofJanuary 9, 1999, passed Resolution #C-17-99, as follows: "THAT Correspondence Item D-9 be referred to the Acting Director of Planning and Development and the Director of Public Works for review and preparation of a report to be submitted to Council at the meeting scheduled to be held on January 25,1999." Roy Forrester, ORTA Chair, made a presentation to Council to obtain approval to extend the Oak Ridges Moraine Trail system as shown in Attachment No. I. The preferred route selected by the Association includes parts of unopened road allowances in the former Clarke Township. ORT A is requesting Council's approval to use the unopened road allowances. 3.0 REVIEW AND COMMENT 3.1 The Oak Ridges Trail Association (ORTA) is requesting Council's approval to use a number of unopened road allowances as part of the Oak Ridges Trail System. Mr. Forrester and Carl Schenk met with Public Works and Planning staff to determine the most suitable trail location. The Public Works and Planning Departments have no objection, in principle, provided that certain conditions are satisfied to ensure public safety and protect the Municipality from liability. . ~ , ~ d REPORT NO.: WD-IO-99 PAGE 3 3.2 Geographic Location of the Oak Ridges Trail Extension The unopened road allowances proposed to form part of the trail are shown in Italics. All other road allowances are currently open. Request for approval to use these road allowances is the subject of this report. In accordance with the Municipal Act, approval to use Boundary Roads must be granted by both adjoining municipalities. . Best Road (road allowance between Lots 28 & 29) From ManverslClarke Boundary Road southerly to Concession Road 10 . Concession Road 10 Easterly from Best Road to Beaucage Road . Beaucage Road Southerly from Concession Road 10 to Highway 115 . Through tunnel under Highway 115 . Wilcox Road Easterly to its limit (approximately Lot 20/21) (From Lot 20 to the road allowance between Lots 14 & 15, it is private property) . Road Allowance between Lots 14 & 15 Wilcox Road (private) northerly to Concession Road 10 . Concession Road 10 Easterly from Lot 14 to Lot 9 & 10 . Lot line between Lots 9 & 10 (Ganaraska) Concession Road 10 to ManverslClarke Boundary Road . Boundary Road Lot 9 to Cold Springs Camp Road . Cold Springs Camp Road Boundary Road southerly to Concession Road 9 ~ns REPORT NO.: WD-I0-99 PAGE 4 3.3 There are a number of issues identified for Council's information and consideration: 3.3.1 Abutting Property Owners It is recommended that the abutting property owners be contacted by the Association and advised that the road or road allowance abutting their property is intended to be used for the Oak Ridges Trail. Abutting owners to the unopened road allowances should be aware that the trail is being established. In the area of Best Road in Concession 10, a portion of the trail is located adjacent to areas zoned for aggregate extraction. The zoning reflects the location of licensed operations that are active or will become active. The trail alignment may have to be re-negotiated from time to time in order to avoid potential conflicts and for safety reasons. A portion of the proposed trail is a permitted snowmobile trail. Again, for safety reasons, certain arrangements should be negotiated with the snowmobile club. Abutting municipalities must approve use of the boundary roads. Acknowledgement that this notification has been completed must be submitted to the Director of Public Works. 3.3.2 Private Property There is a section of the proposed trail, easterly from the end of the maintained portion of Wilcox Road to the road allowance between Lots 14 and 15, which is private property. In order for the trail to counect, a legal agreement must be negotiated between the property owners and the Association. 3.3.3 Clarington Official Plan and Zoning By-law Staff reviewed the proposed trail in the context of the Clarington Official Plan and Zoning By-law. Section 4.4.2 of the Official Plan states: "The Municipality supports the establishment of an Oak Ridges Trail System as part of the Municipality's integrated trail network. The Municipality will consult with provincial agencies, the Conservation Authorities and the public interest to such matters as trail location, design and funding." 1116 . REPORT NO.: WD-IO-99 PAGE 5 Section 14.6.1 also states: "Uses permitted in the Moraine shall be conservation, reforestation, agriculture, and passive recreational uses such as pedestrian trails and horseback riding." The Clarington Official Plan encourages the routing of a Trail in the Oak Ridges Moraine. 3.3.4 Liability Protection for the Municipality In order to reduce the risk ofliability to the Municipality, it is recommended that the Association be required to fulfill several conditions (Attaclunent No.2); sign a Lease, Waiver and Indemnity (Attaclunent No.3); and provide Insurance naming the Municipality as co-insured, in the amount of $2,000,000.00 satisfactory to the Treasurer. 3.3.5 Boundary Roads The Oak Ridges Trail Association must obtain authorization from the adjacent Municipality where the trail is located on a Boundary Road. A copy of this report and Council's resolution to the Townships of Manvers and Hope will provide the necessary approval ofClarington's Council. 3.3.6 Alteration or Grooming on Unopened Road Allowances and Alterations to Road Allowances forming Part of the Trail Grooming or alteration to unopened road allowances or alteration to any road allowance that forms part of the trail are subject to approval from the Director of Public Works. Mature trees and natural obstacles will not be disturbed; construction or excavation of any kind will not be permitted. 4.0 CONCLUSION The Municipality, through the Official Plan, endorses development of the Trail. The Public Works Department has no objection to use of the unopened road allowances provided that the Association fulfills the specified conditions to ensure public safety and protect the Municipality from liability. As well, it is appropriate to advise abutting REPORT NO.: WD-IO-99 PAGE 6 property owners and obtain approval from adjacent Municipalities where the boundary roads will form part of the trail system. Respectfully submitted, Reviewed by, ~~ Stephen A. Vokes, P. Eng., Director of Public VVorks ov~~~ Franklin VVu, Chief Administrative Officer Respectfully submitted, ( a . Crome, M.C.I.P., R.P.P. Actmg Director of Planning and Development JCO*SA V*ce 03/02/99 Pc: Oak Ridges Trail Association C/o Roy Forrester 6 Mill Lane Orono, ON LOB IMO Township ofManvers Box 210 Bethany, ON LOA lAO Township of Hope Box 85 County Road No. 10 Port Hope, ON LlA 3V9 11 i ~ t/ ~___~__ DARRATE WNTPA;C~H~M:EMDN-T1 ON-Jo:.A1TE JAN~._:9~~_~___i l KEY MAP , I I I 7 I: OPEN ROAD ALLOWANCES . . . . . . PRIVATE PROPERTY - - UNOPENED ROAD ALLOWANCES I I I I I I TOWNSHIP OF HOPE YEAR ROUND MAINTENANCE TOWNSHIP OF MANVERS SUMMER MAINTENANCE ONLY TOWNSHIP OF MANVERS YEAR ROUND MAINTENANCE TOWNSHIP OF CAVAN SUMMER MAINTENANCE 11I11I11 ------ Boundary Road ~'I U I =- '"',''''',''''' "'.... ~ Coo"",,'oo Road10. pf/I .,...~.,,");:- I, COO"""'o~ Road 10' · -- II> ~T"-------'----(.Wl~-L_-J= L' · · i. !~~.pr.:: II I; l~1 :1 Ii -1_-' -~ 11l11''''" -ef- .. · I I 2928~, 27 26 2i. 23) 1~2 21 20 19 18 17 '116 15 14 13,112 11 10 i8 7'~ 5 4 ,2 1 'h . - ---t II ~ 11-1. I' i<l_~]ic 1Il'-rirITuJ:r !l=~~: ~ ;LIT1:r T Il. : ~~LH~ I . i ,,~ ,'1" ,_ TIrll c1 LJ~WU IE r;[ Ie-' J I ~1~1 I j LI4rlpJjLn I , r U Lr- I . I'~~ I " c.-F I ~'---' '\ . _c= "I 'I---i.n! -, . ~i -~~~ U ,-. ~ c--Ic':' ,.=, --= e- J ~D'I J-~ t-':- IT, /~i--i 111~til I II ~- - !/;~ f- 1 I, - ,I II /l--lHIII i)~ ._I~ L ~ ,r - ' LJlceJ 11/ lull!! I LLn I I! I It''5_f''__-'T1,~ ~'}I~' -1f--r--~ lll~ I I I II'='*'. II ,. ~.....----. -':m - I SUBJECT SITE I > x Jl{ W~k 8 II ' -II i /:. '/ I I ",rl- 'l'--t-J n \ I , , I, \ 1 II I\' r;~ ,I- -~. -.- I ,j II ~ ~';. E ~~ ~ .~ ~i <..> THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON OAK RIDGES TRAIL ASSOCIATION CONDITIONS FOR USE OF UNOPENED ROAD ALLOWANCES I. All abutting property owners must be notified, in writing, that the portion of unopened road allowance abutting their property will form part of the Oak Ridges Trail. 2. The Oak Ridges Trail Association will maintain in effect liability insurance of not less than $2,000,000.00, naming the Corporation of the Municipality of Clarington as co- insured. A copy of the insurance certificate is to be filed with the Public Works Department. 3. The Oak Ridges Trail Association is responsible for any claims directly related to the trail. The enclosed Release, Waiver and Indemnity document must be completed and returned to the Public Works Office prior to any use or undertaking of any works on the trail. 4. Damages to the road allowance are the responsibility of the Association and will be repaired by the Association to the satisfaction of the Director of Public Works. 5. Trail improvements, modifications, etc., must be approved by the Director prior to commencement of works. 6. Failure to comply with any subsequent direction from the Public Works Office with regard to public safety or environmental concerns arising from the use ofthe unopened road allowances will void this approval. 7. A map of the exact trail with signage and marking must be provided to the Public Works Office. 8. That the abutting Municipality approve the location of the trail on the Boundary Road. Stephen A. Vokes, P. Eng., Director of Public Works Roy Forrester, Chairperson Oak Ridges Trail Association 20 ATTACHMENT NO.: 2 REPORT NO.: WD-IO-99 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON RELEASE, WAIVER AND INDEMNITY IN CONSIDERATION OF the permission being granted to Oak Ridges Trail Association, I/we HEREBY RELEASE, WAIVE AND FOREVER tractors, representatives, elected and appointed officials, successors and assigns OF, AND FROM ALL claims, demands, damages, costs, expenses, actions and causes of action whether in law or equity in respect of death, injury, loss or damage to any person or property. HOWSOEVER CAUSED, arising or to arise by reason of the said procession. The Oak Ridges Trail Association FURTHER HEREBY UNDERTAKE TO HOLD AND SAVE HARMLESS AND AGREE TO INDEMNIFY all of the aforesaid from and against any and all liability incurred arising as a result of, or in any way connected with, or negligence related to the request, the resulting permission and the permitted event. EXECUTION OF THIS STATEMENT IS AN ACKNOWLEDGEMENT THAT THE UNDERSIGNED HAS READ, UNDERSTOOD AND AGREED TO THE ABOVE WAIVER, RELEASE AND INDEMNITY. Date Name and Title 1121 ATTACHMENT NO.: 3 REPORT NO.: WD-IO-99