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HomeMy WebLinkAbout84-27 ~ THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW 84 - 27 being a by-law to establish a policy for unimproved roads in the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it expedient to enact a policy with respect to unimproved roads within the Town of Newcastle; AND WHEREAS such policy includes a quality standard for maintenance of unimproved roads; NOW THEREFORE BE IT ENACTED AS A BY-LAW OF THE CORPORATION OF THE TOWN OF NEWCASTLE AS FOLLOWS: 1. The policy of the Corporation of the Town of Newcastle for unimproved roads shall be as set out in Schedule "A", attached hereto. 2. The quality standard for maintenance of unimproved roads shall be as set out in Schedule "B", attached hereto. By-law read a first and second time this 13 day of February , 1984. By-law read a third time and finally passed this 13 day of February, 1984. ~~-~/ Mayor ' L Cl erk \ Fit, No.....7.1.'-..;;l..,...!.................... I SCHEDULE IIAII POLICY FOR UNIMPROVED ROADS 1.0 GENERAL 1.1 The road system of the Corporation of the Town of Newcastle shall be divided into three categories; namely, Improved Public Streets, Unimproved Roads, and Unopened Roads. 1.2 IMPROVED PUBLIC STREETS are streets or roads under the jurisdiction of the Province of Ontario, The Regional Municipality of Durham, or the Corporation of the Town of Newcastle which are maintained so as to allow normal vehicular access to adjacent properties throughout all seasons of the year. Maintenance of such roads will be in accordance with accepted standards for year round roads. 1.3 Roads where there is evidence that public funds have at some time been expended to create, said roads will be designated as "UNIMPROVED ROADS". Evidence shall include grading of cuts and fills, grading of ditches, culverts, bridges, placement of gravel over a substantial length of the road and extended period of time. 1.4 UNIMPROVED ROADS are located on municipally owned road allowances where there exists during the summer season, passable sand or gravel roadways that are not fully maintained by the Town throughout the entire year. The standard of maintenance provided shall be consistent with the needs of the traffic normally expected to use them and shall generally be as specified in Attachment # 2. 1.5 UNOPENED ROADS are municipally owned road allowances, laid out as part of the original municipal survey where there is no evidence of the expenditure of public funds to open same, although a passable earth trail may exist. No maintenance will be provided by the Town on such roads. 1.6 PRIVATE ROADS are travelled roads located on privately owned property. In cases where certain private roads have received some form of maintenance by the Town, effective July 1, 1985, any and all such maintenance shall cease and desist unless legal and binding documentary evidence can be produced wherein the Council of the Town of Newcastle or Council of one of the former municipalities within the Town of Newcastle has legally agreed to perform such maintenance. BY'I3}jv..Ji?:~-:.--..1_~_ :-~1---._..__ . " 2.0 UNIMPROVED ROADS - GENERAL 2.1 The Town will take steps to have all unimproved roads within the Corporation recognized as "Summer Maintenance Only" roads in the Road Needs Study to ensure that appropriate subsidies are reali zed from the Mi ni stry of Transportati on and Communi cati ons. 2.2 As part of the process in Section 2.1, the Town will identify a category of "Unimproved Roads to be Closed" and inventory the components of same, such roads not being integral to the Town's existing or anticipated road system. 2.3 The Town shall, by by-law, close when considered in the interest of the Municipality as many as possible of the roads identified in Section 2.2. The Municipally-owned lands so created will be disposed of to adjacent land owners at fair market value plus costs, unless they are considered necessary to the Town. 2.4 Where requested by owners of land abutting an unimproved road, the Town may, at the expense of said owners, close by by-law, fence, or fence wi th .a gate, and grant road occupancy ri ghts to said land owners. 3.0 MAINTENANCE OF UNIMPROVED ROADS 3.1 Unimproved roads which have been recently maintained by the Town will continue to be so maintained in accordance with the standards specified in Attachment # 2. 3.2 Unimproved roads, which have not recently been maintained by the Town, shall not have maintenance performed unless such maintenance is requested by abutting property owners. Maintenance on such roads will be on a demand basis only. 3.3. Maintenance of unimproved roads forming the boundary between the Town and an adjacent Municipality will be provided only if agreed to by that abutting Municipality. .' . ~ 4.0 RECONSTRUCTION OF UNIMPROVED ROADS 4.1 The Town shall not perform construction on private or unopened roads. 4.2 The Town shall not reconstruct an unimproved road unless it is proven that said road is necessary as an integral transportation link in the Town's improved road system and is recognized by the Ministry of Transportation and Communications as being eligible for reconstruction subsidy. 4.3 Where it is proven that the construction of an unopened or unimproved road is necessary, such construction will be performed only at the expense of others either under a Subdivision Agreement, the Local Improvement Act or through private enterprise, provided that the road so constructed has said construction approved by the Council of the Town of Newcastle, meets the Design Criteria and Standards of the Town and is in accordance with the provisions of the appropriate Zoning By-law and Official Plan. 5.0 CONSTRUCTION OF BUILDINGS ON UNIMPROVED ROADS 5.1 Building permits for buildings to be used on a year round basis shall be issued in accordance with the Zoning By-laws of the Town of Newcastle. 5.2 Where an applicant wishes to construct a building to be used on a year round basis on an unimproved road, the applicant must arrange for construction of said road in accordance with the requirements of Section 4.3 of this policy such that it can be redesignated as an improved public street. . . /'It t.. . .. SCHEDULE "B" QUALITY STANDARD FOR MAINTENANCE OF UNIMPROVED ROADS The major objectives are: - To prevent the spread of noxious weeds to adjacent properties; - To provide an adequate road driving surface for farm equipment. The level of service shall not exceed the following: 1. Noxious weeds shall be sprayed if necessary; 2. Roadside grass shall be cut one swath wide, once per year. 3. Roadside debris and litter pickup shall be carried out once per year immediately prior to mowing; 4. Road surfaces shall be graded twice per year, generally once in the spring and once in the fall; 5. Ditching improvements and gravel spot resurfacing shall be carried out only if absolutely required as directed by the Director of Public Works; 6. Emergency operations such as removal of fallen trees, replacement of culverts or washout repairs shall be performed when practically possible after the occurrence. 7. Winter control operations shall not be carried out on unimproved roads. I By"'" NO.n..2..~ - {.<