HomeMy WebLinkAboutWD-1-87 TOWN OF NEWCASTLE � )
REPORT
File # � /aj
Res.
---- ¢ �. By-Law #
PEEING: THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: JANUARY 19, 1987.
REPORT #: WD-1-87 FILE #:
W&JECT: RECONSTRUCTION OF A PORTION OF THE BOUNDARY ROAD
WEST OF OLD SCUGOG AT THE NORTH LIMIT OF THE HAMLET OF BURKETON
RECOMMENDATIONS:
It is respectfully recommended:
1 . That Report WD-1-87 be received; and,
2. That the proposed construction of approximately six hundred feet (6001 )
of boundary road (Scugog/Newcastle) to Town's standards, running west
off Old Scugog Road at the north limit of the Hamlet of Burketon, be
approved, in principle, subject- to the receipt of a resolution of
Council from the Township of Scugog approving the construction and
upon receipt of funds for inspection services and a performance
guarantee for works required.
04
Page 2
Report No. WD-1-87
BACKGROUND:
In June of 1986, Susan Vaughan of 170 Rosehill Boulevard, Oshawa, Ontario,
purchased a 2.97 ha piece of property in Burketon, Lot 20, Concession 10,
former Township of Darlington, Town of Newcastle.
In July of 1986, Mrs. Vaughan submitted applications for severances (a 0.8
ha parcel LD 503/86 and a 1 .14 ha parcel LD 504/86) to the Land Division
Committee.
On October 6, 1986, the Land Division Committee approved the two
applications subject to the applicant satisfying the requirements of the
Town of Newcastle, financially and otherwise. These land division
applications had inadvertently not been circulated to the Town of Newcastle
for comment prior to the approval .
I
On November 6, 1986, the applicant was informed that approval had been
granted and that no objections had been received during the thirty (30) day
waiting period. In anticipation that the conditions of Land Division had
been satisfied, the land owner subsequently arranged to sell the portion
intended to be the retained portion upon which a dwelling is currently being
constructed and hired an engineering firm to design the construction of
approximately six hundred feet (6001 ) of the boundary road between the
Township of Scugog and the Town of Newcastle which would provide access to
the two severed lots.
. . . .2
iU/ C
Page 3
Report No. WD-1-87
REPORT:
Conditions set down by the Land Division Committee with respect to LD503 &
LD504 (see attached) required the applicant to satisfy the conditions,
financial and otherwise, set out by the Town of Newcastle.
As a condition of these Land Division applications, the Public Works
Department requires the construction of approximately 600 feet of boundary
road (Scugog/Newcastle) to provide access to the two newly created lots. If
the road is not built, the two additional lots being created would be land
locked. In accordance with Town policy, the boundary road is to be
constructed to Town standards, rural section, including a turning circle and
street lighting.
I
The current Boundary Road Agreement (attached) requires the concurrence of
both Councils prior to the approval of the proposed road construction. The
proposal to construct on the boundary has been forwarded to the Township of
Scugog for their Council 's consideration.
The developer will be required to provide the Town with a performance
guarantee in the form of a Letter of Credit, based on the engineer's cost
estimate of the works to be performed, as approved by the Town of Newcastle
Public Works Department and inspection fees.
.. .4
Page 4
Report No. WD-1-87
It is intended that, if the construction of the section of the boundary road
in question is approved and subsequently stimulates rezonings and
development north of the boundary using the boundary road being maintained
by the Town as access, a new Boundary Road Agreement will be pursued to
cost share the maintenance costs. This would be the only section of the
boundary road maintained on a year round basis and the funding of the
maintenance of this section of the boundary road is the responsibility of
the Town of Newcastle under the current Boundary Road Agreement. As long as
there is no access to the boundary road from the Township of Scugog, this is
appropriate.
If Council chooses not to approve the construction of a road on the
boundary, a couple of concerns arise. Firstly, the two new parcels of land
approved by the Land Division Committee would not have frontage on an
improved road and, as such, no building permits would be available for these
lots. Secondly, the Land Division Committee would have effectively allowed
Mrs. Vaughan to create two land locked properties at some expense both from
a time and financial point of view.
Had the Public Works Department been allowed proper opportunity to comment
on the application prior to consideration by Land Division, the construction
of the boundary road may have been discouraged, mainly because of the
potential future conflict with the use of same by the Township of Scugog
residents at Town of Newcastle expense and the questionable cost benefit of
assuming liability and maintenance responsibilities for six hundred feet
(6001 ) of new road to serve two proposed properties. Upon review of By-law
84-27, being a by- law to establish a policy for unimproved roads in the Town
of Newcastle, it is concluded that, in order to be in accordance with Town
Policy and the by-law, staff would not have recommended a land division
scenario which involved the construction of six hundred feet of boundary
road leading nowhere.
. . . .5
Page 5
Report No. WD-1-87
Section 4.2 of By-law 84-27 (attached) states, in part, that "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".
It is also noted that a one foot reserve was placed on the perimeter of the
question property in 1981 as a condition of granting access to the property
off Mary Street. The reserve was placed on the property to prevent the very
thing that is now taking place.
Although section 4.2 of By-law 84-27 would, in staff' s q�pppj led_
prior to the creation of the two new lots, it is now felt that Sect•lon 5.2
applies and the recommendations reflect same.
When applications for access are received for the two new properties onto
the newly built boundary road, the applicants will be requested to arrange
for the lifting of the one-foot reserve.
Respectfully submitted, Recommended for presentation
to the Committee,
Gordon J. Ough, P. Eng. , Lawrence E f otseff,
Director of Public Works. Chief Admini trative Officer.
GJO:jco
January 13, 1987.
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BURKETOIN
LIP tuwnn
THE CC)RPORAT ION OF THE TO.aiN LF NEWCfi5TLE
AND
THE CORPORATION OF THE TOaJNSH I P OF SCUGUG
WHEREAS : Townline Road is a public right-of-way forming a boundary
between the Town of Newcastle and the Township of Scugog,
AND WHEREAS : The Town and the Township have agreed to provide for
its maintenance and repair by entering into this agreement.
NOW, THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto do
covenant and agree as follows :
1 . That the Town of Newcastle maintain that portion of the
said boundary road situated west of the Scugog Road .
2 . That the Township of Scugog maintain that portion of the
said boundary road situated east of the Scugog Road ,
3. That until such time the status of the said boundary road
is changed maintenance on the entire boundary be at a minimum.
4 . That any major work or any proposed construction on the said
boundary be the decision of the Joint Councils.
(Reeve; Township of Scugog) (Mayor, Town of Newcastle
/% )ryt t
Dated this - ` day of 1974
It
/- (Clerk , Township of" Scugog) (Clerk , To of Newcas �)
SEAL :
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
1, it expedient to enact a policy with respect to unimproved roads within
I
/ 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.
i
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.
FE DER THE HAND OF T11C - rre�•►�"""
HE SEAL OF THE Mayor
N OF,THE TOWN OF NEWCASTLE 'E CO►r OF tr•LAW
ORATM OF THE TOWN OF NEWCASTLE 19 d
6��.DAr of
ERK Of iXE COPPOMTICN
1Hf TCVIN Of NEWCASIEF Clerk
SCHEDULE "A"
a
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, �lnimproved 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
�v 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.
� ems.. ...
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
realized from the Ministry of Transportation and Communications.
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 with a gate, and grant road occupancy rights 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 appli.cant must
_Y 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.
f
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;
S. 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.