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HomeMy WebLinkAboutWD-48-87 Z0 TOWN OF NEWCASTLE C File # REPORT °; � Res. # .r r --- _ �. By-Law # MEETING: THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: JULY 20, 1987 REPORT #: WD-48-87 FILE #: SUBJECT: PROPERTY OWNERS' REQUESTS TO PERFORM MAINTENANCE AND MINOR IMPROVEMENTS ON SUMMER MAINTENANCE ROADS AT THEIR EXPENSE RECOMMENDATIONS: I i It is respectfully recommended: i 1. That this report be received; and, i I 2. That the Public Works Department continue to perform summer maintenance in accordance with the Town' s Policy for Unimproved Roads; and, 3. That requests for upgrading with respect to summer maintenance roads and requests to perform maintenance and minor improvements on summer i maintenance roads at their expense, be denied; and, i 4. That those recorded as having made specific requests for an increase in the level of service or to perform maintenance at their own expense, be advised of the Town's position on this matter. . . .2 Page 2 Report No. WD-48-87 REPORT: In 1984, a policy was adopted by the Town of Newcastle establishing an acceptable level of service on unimproved roads and these roads were inventoried as part of the Road Needs Study in order that associated maintenance costs could be eligible for M.T.C. subsidy. Frequently, the Public Works Department receives requests to i) perform additional maintenance on unimproved roads; ii ) to permit the property owners to perform minor improvements and maintenance at their own expense. In at least one case, requests have been received from people living year round on summer maintenance roads. To confirm the Town's position in this regard, a legal opinion was sought and the reply is attached for your perusal . In summary, the Town's solicitor states that, in his opinion, the policies established by By-law 84-27 appear comprehensive and that those policies should be maintained and that property owners requests to do work on municipal road allowance ought to be denied. There are three main areas of concern: i ) the municipality will be liable for non-repair even though the work is undertaken by the property owners; ii ) resale of the property to those unfamiliar with the agreement may result in new owners expecting winter maintenance; iii) municipal liability would be a greater concern due to the increased likelihood of accidents on improperly maintained roads. It is, therefore, recommended that the policies established in By-law 84-27 be maintained and property owners' requests to do work on municipal roads be denied. Respectfully submitted, Recommended for presentation to t e Committee, Gordon J. Ough, P. Eng. , awrenKdinistrative Kotseff, Director of Public Works. Chief Officer. :ico July 6, 1987. (4) / Sims Brady & McInerney �� D. J. D. Sims'Brady 1'' G���fj J. F. Brady BARRISTERS C SOLICITORS JUIV 1 SAS COUNSEL r0iv� J ,qR? J. McMackin w�RKS Drr, June 15th, 1987 Gordon J. Ough, P. Eng. Director of Public Works Corporation of the Town of Newcastle 40 Temperance Street Bowmanville , Ontario L1C 3A6 Dear Mr . Ough: RE: Property Owners' Requests to Perform ( Maintenance and Minor Improvements on Summer Maintenance Roads at their Expense I am responding belatedly to your letter on the above-noted matter. I apologize for my tardy response . As I indicated to Mr . Dupuis, your predecessor, in my letter of February 23 , 1984, it is lawful for the Municipality to enter into agreement with property owners to permit them to maintain abutting roads . I note that By-law 84-27 establishes a policy for the maintenance and repair of unimproved roads in the Town of Newcastle. The policy appears comprehensive and, as I have previously expressed to Mr. Dupuis, I have reservations about the desirability of permitting property owners undertaking maintenance of the roads at their expense even if it is intended to slightly improve the standards that are presently being provided by the Town. My concerns are that the Municipality will at all times be liable for the non-repair of the roads notwithstanding the fact that some of the work may be undertaken by property owners. Any work undertaken by private property owners would have to be undertaken to municipal requirements and the work inspected and approved. Secondly, if the road is improved at the owners' expense there will be an expectation that the road will continue to be maintained at this level and, undoubtedly, expectations will be that it will be at the Town' s expense. This will especially be so when the present property owners sell their properties and subsequent owners , unfamiliar with the original agreement, complain about a deterioration in the road. 117 King Street, Box 358, Whitby, Ontario, LIN 5S4 Telephone 668-7704 U/ C � 2 - I note specifically that some of the requests , from land owners living in "seasonal" dwellings wish winter maintenance in order to obtain access. First, I note that the seasonal character of the dwelling is defeated and, secondly, the municipal liability becomes even a greater concern because of the increased likelihood of accidents on an improperly maintained road during the winter season. It is my considered opinion that the policies as established in By-law 84-27 ought to be maintained and property owners' request to do any work on municipal roads ought to be denied. If you have any questions, please do not hesitate to get in touch with me . Yo r truly, S DAV D J. D. SIMS DJDS:mak CORPORATION OF THE TOWN OF NEWCASTLE Q 40 TEMPERANCE STREET tea, BOWMANVILLE, ONTARIO UC3A6 TELEPHONE 623-3379 May 7, 1987. Sims Brady & McInerney, Barristers & Solicitors, 117 King Street, Box 358, Whitby, Ontario. LIN 4Z1 Attention: David J.D. Sims Dear Sir: RE: Property Owners' Requests to Perform Maintenance and Minor Improvements on Summer Maintenance Roads at Their Expense The Town of Newcastle has recently received several requests from property owners for permission to maintain summer maintenance roads at their expense to a slightly better standard than is presently being provided by the Town. In some instances, they are willing to maintain these summer maintenance roads during the winter at their expense. In some instances, the request is generated as a result of the landowners living year round in a "seasonal " dwelling and In other cases, perhaps as a result of wanting to visit the dwelling on winter weekends or early in the spring. Attached, for your reference, is a copy of correspondence dated February 23, 1984, from your firm regarding a somewhat similar situation. I -would ask that you advise the Town with respect to the recommended course of action with respect to -allowing individual property owners to do a bit of grading, add some gravel , install culverts, clear snow, etc. , on summer maintenance roads. ' Also, enclosed for your handy reference is a copy of the Town's Policy with respect to maintenance of unimproved roads in the Town of Newcastle. If further clarification is required, please contact me at 263-2231 at your convenience. Yours truly, Gordon J. Ough, P. Eng. , Director of Public Works. GJO:jco , f RFiy+�' "=�`K:�� (it , i . _ ; 9k {.-it't/» l'i� 5'4�}{�'cAp tyc. .'�17°�yf -�t"rt• 'K -G .rl• :{,i ', a, :;fit .r r.' "., f ,,. d�� ;v ��Nty.i �.Y,a ,+ Y }•C 4}' � `��t lit I .• o.io�oioa�.:•o'a►ar:'�:wl :,.coo.ols��i•s►ia��?`v:?5.,,. o" �- I 23 , 198.1 Mr_ R_ G. Dupuis , P_ Eng. , Director of Public Works, Corporation of the Town of Newcastle, Municipal Buildings, Hampton, Ontario_ LOB LJO Dear Mr. Dupuis: Re: Permission to use a Town Road Allowance for Private Access I have reviewed your letter of January 26th, 1984 and wish to respond to your questions. It is lawful for the Municipality to enter into an agreement with the owner of property abutting an unimproved road whereby he may maintain that road. However, I have some reservations about the desirability of doing so. Normally, when a person proposes to develop lands and it is necessary to upgrade the access the owner pays a one time charge to the Municipality for the upgrading. Thereafter, the Municipality maintains the road without further charge to the owner of the property over and above normal realty taxes and local improve- ment charges. If what is being proposed is that the owner of the property will maintain the road privately year by year then I have the gravest concerns. First, the Municipality will continue to be liable for the -non- repair of the road notwithstanding the fact that its maintenance has become a private responsibility. I Second, the liability to maintain the road is essentially contractual and personal to the parties and would not run with the land in the event that the parcel 117 King Strcct, Box 358, Whitby, Ontario, LIN 4Z1 Tcicphonc 668-7704 Z - was sold . 'Therefore , I cannot reconurtund this alternative. In short, if the Town wishes to permit the own-r t.o :levoic,.: this to the road a devcloplm.rnt i.n the usual form should be entered into and the costs of upyradinq the road dealt with therein. If you have any questions please do not hesitate to get in touch with me. Yours uly, David D_ Sims DJDS :mrs i I i I 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; a NOW THEREFORE BE IT ENACTED AS A BY-LAW OF THE CORPORATION OF THE TOWN I OF NEWCASTLE AS FOLLOWS; i 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. FE NOER THE HAND OF THE-.-..._-...... -�=- - THE SEAL OF THE Ida Or N OF,THE TOWN OF KWC.ASTtE g CC �'r y UE COPY OF YY•lAW PORATM OF THE TChYN Of NNEYIWTLE 6 14OA�YOF_�'<a�Cti`i�' ERK O! NE OPPOPI ION � / .!L� <.. (/� � (I�r•A . THE TOWN OF MEWCASiIt �_ Clerk SCHEDULE U " POLICY FOR UNIMPROVED ROADS r � 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 mainte}fiance 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 publlj �undNotmaintenance same, willalthough provided passable earth trail may ex s 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 redeived 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. 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 e 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 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.. SCHEDULE "6" 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.