HomeMy WebLinkAbout81-50 IRS.".1-X",
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 81-50
being a by-law to establish a policy for Highway
Encroachment
The Council of the Corporation of the Town of Newcastle hereby
ENACTS AS FOLLOWS:
1 . That the policy for granting highway encroachments in the Town
of Newcastle shall be as follows:
a) Each request for permission for the continuation of an
encroachment upon a public highway be in writing and be
considered upon its own merits.
b) Each request be submitted to the Director of Public Works
accompanied by the following information:
i ) the name of the registered owner of the property;
ii ) the legal description of the property in question;
iii ) a survey of the property and the encroachment;
iv) an explanation of how the, encroachment occurred.
c) The Director of Public Works shall consider the application
and submit a written report to the Public Works Committee
for its consideration.
d) After receipt of the Director of Public Works report, the Public
Works Committee shall recommend to Council either of the
following courses of action, namely,
i ) the application be denied; or
ii ) a by-law be enacted pursuant to the provisions of Section
354 (i ) paragraph 93 of The Municipal Act
a) granting permission to the registered owner, or owners,
their heirs, successors and assigns to maintain and
use such portion of the erection as constitutes an
encroachment upon a public highway for so long as the
encroachment in question is not required for municipal
purposes;
b) charge such annual fee or charge as Council considers reasonable;
c) in the event that a by-law granting permission for the
encroachment is granted and an annual fee or charge is
required, such fee or charge shall form a charge upon
the land used in connection therewith and the payment of it
may be enforced in like manner as taxes are payable;
d) providing that the by-law may be rescinded at any time and
the permission for the encroachment shall be terminated six
months--after the rescinding by-law shall have been enacted.
File No.------- ---------------
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By-Law 81-50
By-Law read a first time this 4th day of May 1981
By-Law read a second time this 4th day of May 1981
By-Law read a third time and finally passed this 4th day of May 1981
Garnet B. Rickard
Mayor
David W. Oakes
Clerk