The URL can be used to link to this page

Home My WebLink AboutPSD-097-11 Clarftwn REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 12, 2011 Resolution #:6PA-4,96 1) By-law #: Report#: PSD-097-11 File #: PLN 33.4 Subject: APPLICATION FOR EXPROPRIATION OF LANDS NECESSARY FOR THE RECONSTRUCTION OF A PORTION OF ELLIOTT ROAD RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Council authorize an application to be made to the Council of the Corporation of the Municipality of Clarington, as the approving authority under subsection 4(1) of the Expropriations Act, for approval of the expropriation of the following interests in land that are required to facilitate necessary upgrades to Elliott Road: (a) a temporary easement or right in the nature of a temporary easement expiring on December 31, 2014 in, under, over, along and upon the land shown as Parts 1 and 2 on Attachment 1 to Report PSD-097-11 for the purpose of entering upon and occupying the land with all necessary machinery, equipment and material required for, or in connection with, the reconstruction of Elliott Road and for the purpose of installing temporary silt fencing and permanent fencing; (b) a permanent easement or rights in the nature of a permanent easement in, under, over, along and upon the land shown as Part 3 on Attachment 1 to Report PSD-097-11 for the purpose of entering upon and occupying the land with all necessary machinery, equipment and material required for, or in connection with, the construction, maintenance, alteration, inspection, repair and operation of stream crossings and erosion protection works; (c) a permanent easement or right in the nature of a permanent easement in, under, over, along and upon the land shown as Part 4 on Attachment 1 to Report PSD-097-11 for the purpose of entering upon and occupying the land with all necessary machinery, equipment and material required for, or CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905)623-0830 REPORT PSD-097-11 PAGE 2 in connection with, the construction, maintenance, alteration, inspection and repair of a stream crossing; and 2. THAT the Municipal Clerk be authorized to serve and publish a Notice of Application for Approval to Expropriate Land as required by the Expropriations Act; 3. THAT the Municipal Clerk be authorized to forward to the Chief Inquiry Officer any requests for a hearing of necessity that are received; 4. THAT staff be directed to represent the Municipality at any hearing of necessity; 5. THAT Council, as the approving authority under the Expropriations Act, approve the expropriation of the interests in land described in Recommendation 1 provided there is no hearing of necessity, and 6. THAT, if approval to expropriate is given, the Municipal Clerk and Mayor be authorized to take such steps as are necessary to vest in the Municipality the interests in land described in Recommendation 1 and obtain possession. Submitted by: Reviewed by: Da J.. Crome, MCIP, RPP Franklin Wu Director, Planning Services Chief Administrative Officer JAS/FL/df/av/ah 6 December 2011 REPORT NO.: PSD-097-11 PAGE 3 1. BACKGROUND 1.1 During the Environmental Assessment (EA) process for the Port Granby Project, a number of alternative routes were evaluated to determine the primary haul route for trucks carrying construction materials and equipment to the Project sites. This will be the route along which virtually all of the material and equipment required for the Port Granby Project, including the construction of the new long term waste management facility, the water treatment plant, and the Lakeshore Road underpass, will be transported. 1.2 The primary haul route selected through the EA consists of Newtonville Road from Highway 401 to Concession Road 1, Concession Road 1 to Elliott Road, and Elliott Road to the entrance of the new long-term waste management facility south of the CN rail corridor (see Attachment 2). A key reason for the selection of this route was that it minimized the number of residences that would be affected by Project-related traffic, in particular the small community of Port Granby. Council concurred with the selection of the primary haul route in June 2006 with its endorsement of the Preferred Option for the Port Granby Project, and again in October 2009 when it concurred with the findings of the Screening Report for the Project. 1.3 On November 30, 2011, the Canadian Nuclear Safety Commission approved the issuance of a Waste Nuclear Substance Licence to Atomic Energy of Canada Limited to permit the Port Granby Project to proceed. 1.4 The Port Hope Area Initiative Management Office (PHAI MO) will be upgrading all of the roads along the primary haul route in order to make them suitable to accommodate the truck traffic for the Project. Elliott Road is currently a seasonally maintained road in very poor condition. As such, the section between Concession Road 1 and the entrance to the new waste management site will require complete reconstruction. 1.5 The upgrades to Elliott Road will require limited access and encroachment onto the lands immediately east of the road allowance. The required encroachments, as described below, are shown in more detail in Attachment 1: • a 10 metre wide temporary working easement along the east side of Elliott Road between Concession Road 1 and the CN rail corridor (approximately 1,000 m) to permit the manoeuvring of road construction equipment, and to permit temporary silt fencing to protect certain watercourses (Part 1 on Attachment 1); and • a 20 m wide temporary working easement along the east side of Elliott Road between the CN and CP Rail corridors (approximately 140 m) to permit the manoeuvring of road construction equipment and to permit temporary silt fencing to protect certain watercourses (Part 2 on Attachment 1); and • a 2.5 metre permanent easement along the east side of Elliott Road between Concession Road 1 and the CP Rail corridor (approximately 1,000 m) to permit the construction and maintenance of stream crossings, roadside ditch work and/or the REPORT PSD-097-11 PAGE 4 placement of fill (Part 3 on Attachment 1); and s a 10.5 metre wide by 138 metres long permanent encroachment onto the land between the CN and CP rail corridors to permit the construction and maintenance of a stream crossing upgrade and a 2:1 slope on the east side of the approach to the level crossing at the CN tracks (Part 4 on Attachment 1). 1.6 Full legal descriptions will be substituted for Recommendation 1 and Attachment 1 as soon as reference plans have been completed. 2. DISCUSSION 2.1 The schedule for the Port Granby Project requires Elliott Road and the other roads on the primary haul route to be completed in 2012 in order for the construction of the other elements of the Project to begin. Work on Elliott Road cannot start until the half-load restriction for 2012 is lifted, which generally occurs in mid-to-late April. Construction is expected to continue until November. 2.2 In order to ensure the Project is not delayed, it is necessary to initiate the expropriation process. 2.3 If expropriation proceedings are initiated, they can be abandoned should the parties reach a negotiated settlement or if other options are developed that can eliminate the need for an expropriation. 3. EXPROPRIATION PROCESS 3.1 Municipal expropriation of land generally proceeds as follows: • Municipal Council provides authority to expropriate the land. • The Municipality serves a Notice of Application for Approval to Expropriate on the landowner and publicizes that Notice in a local newspaper. • The landowner has 30 days to request a hearing of necessity. If a hearing is requested, the Municipality notifies the Chief Inquiry Officer who arranges a hearing to determine whether the "taking of the lands ... is fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority". At the conclusion of the hearing, the Chief Inquiry Officer submits a report to Council. • Council, after considering the report, approves (with or without modifications) or does not approve the expropriation with written reasons and arranges for service of its decision on all parties within 90 days. • Where Council approves the expropriation, the Municipality must register the expropriation plan and Council's certificate on title to the lands within three months. REPORT PSD-097-11 PAGE 5 • The Municipality services the Notice of Expropriation on the landowner within 30 days of registration of the expropriation plan. • The landowner then has 30 days to elect the date on which the compensation should be assessed (being one of the following - the date notice of hearing was served, the date of registration, or the date of service of Notice of Expropriation). • The Municipality serves a compensation offer along with its appraisal report (the "Section 25 offer") on the landowner within 90 days of registration and before taking possession of the lands; • The Municipality serves the Notice of Possession on the landowner a minimum of three months prior to taking possession. • If compensation is not agreed, compensation can be determined by: (a) Board of Negotiation; and/or (b) Ontario Municipal Board arbitration (which usually involves a procedural order outlining requirements for discoveries, motions, exchange of documents, witness statements and experts reports and full hearing). 4. CONCURRENCE 4.1 This Report has been reviewed by the Municipal Solicitor who concurs with the recommendations. 5. CONCLUSION 5.1 Staff are recommending that Council authorize the initiation of expropriation proceedings to acquire the necessary interests in the lands to permit the reconstruction of Elliott Road. This action is necessary in order to ensure that the construction of the Port Granby Project can proceed as scheduled, and is consistent with the 2001 Legal Agreement which commits Canada and the Municipality to cooperate and take appropriate action necessary to expedite the completion of the Project. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives X Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Janice Szwarz REPORT PSD-097-11 PAGE 6 Attachments: Attachment 1: Lands Affected By Expropriation Attachment 2: Map Showing Primary Haul Route Interested parties to be advised of Council's decision: Garfield Payne Christine Fahey Attachment 1 To Report PSD-097-11 Concession Rd 1 I I PART 1 10m Temporary Easement I 1 I PART 3 I 2.5m Permanent Easement I I PART 2 20m Temporary Easement I 1 I PART 4 I 10.5m Permanent Easement 1 I CP a O 0 w I I I CN N ELLIOTT ROAD EASEMENTS ceAatng nee wAy Port Granby Project Attachment 2 To Report PSD-097-11 ./ 7::� ns J ue n ' ' RaA Hig ay 401 Highway 401 fW QL it 2LL"-, Lake Ontario ClabgWa PRIMARY HAUL ROUTE Leading the Way Port Granby Project