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Home My WebLink AboutLGS-022-23Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Date of Meeting: June 19, 2023 Report Number: LGS-022-23 Submitted By: Rob Maciver, Deputy CAO/Solicitor Reviewed By: Mary -Anne Dempster, CAO Resolution#: JC-070-23, C-092-23 File Number: By-law Number: Report Subject: Road Closure and Conveyance Policy Recommendations: 1. That Report LGS-022-23, and any related delegations or communication items, be received; 2. That the Policy attached to Report LGS-022-23, as attachment 1, be adopted; 3. That the application fee of $250 and the processing fee of $750 be approved for inclusion in the fees by-law; and 4. That all interested parties listed in Report LGS-022-23, and any delegations be advised of Council's decision. Municipality of Clarington Report LGS-022-23 Report Overview Page 2 This report describes the need for a Council -endorsed Road Closure and Conveyance Policy. The report goes on to propose such a policy and to elaborate on its important features. 1. Background Paragraph Sub -heading (optional) — do not number the sub -headings 1.1 Subsection 270(1) of the Municipal Act, 2001, provides that a municipality shall adopt and maintain policies with respect to its sale and disposition of land. 1.2 Council previously enacted By-law 2011-011 to govern the sale and disposition of surplus municipal land, however, the sale of road allowances was expressly excluded. 1.3 The Municipality regularly receives requests from developers and other landowners to purchase unopened municipal road allowances, however, Council has never formally endorsed any criteria or specific methodology to process such requests. 1.4 This lack of a formal policy has led to inefficiencies in the past. In one recent case, Council initially approved a conveyance in principle but later withheld final approval causing confusion and uncertainty for the applicant. 1.5 The policy recommended by this report will bring clarity and efficiency to the process of disposing of road allowances that do not serve a current or future municipal need. 1.6 Importantly, under the proposed policy, Council will retain the final decision about all closures and conveyances of municipal road allowances. 2. Policy Summary 2.1 The recommended policy provides for the creation of a standard application form to be completed and submitted before a request to close and convey a road allowance will be considered. 2.2 A non-refundable application fee is recommended in the amount of $250. 2.3 Once all application requirements have been submitted, the Manager of Development Engineering, with the approval of the Director of Planning and Infrastructure Services, will make a preliminary determination as to whether the allowance in question is surplus to municipal or other public agency needs. To better inform this determination, Staff will consult with the relevant public agencies listed in Appendix "B" to the policy. Municipality of Clarington Report LGS-022-23 Page 3 2.4 In addition to any other relevant factors, the proposed policy enumerates several criteria that would exclude a road allowance from consideration for conveyance. These criteria are found in section 5.3 of the proposed policy. 2.5 If the preliminary determination is made that does not support the closure and conveyance of the road allowance, Staff would inform the applicant of the decision to refuse the request and would take no further action unless directed by Council. 2.6 If a preliminary determination is made that Staff can support closure and conveyance of the road allowance in question, there is a detailed process that Staff would follow to bring the matter to Council for approval. 2.7 The Staff recommendation will include several standard conditions listed in section 5.8 of the proposed policy. For instance, the applicant will be responsible for the costs of surveys and appraisals, as well as a non-refundable processing fee of $750. 2.8 If approved by Council, the transaction would proceed on the basis of the land value determined by a certified appraisal obtained by Staff but paid for by the applicant. The sale price would be the value as determined by the appraisal. 2.9 As a final step, Council would be required to enact a by-law to close and convey the road allowance to the applicant. The by-law would appear on the next available Council agenda following fulfilment of all terms and conditions by the applicant. 3. Financial Considerations 3.1 Upon successful completion of a road closure and conveyance, the applicant will be required to pay the fair market value according to the certified land appraisal. Proceeds of the sale would then be available to purchase other lands for which there is a municipal need. 4. Concurrence This report has been reviewed by the Director of Planning and Infrastructure Services who concurs with the recommendations. 5. Conclusion It is respectfully recommended that Council approve the Road Closure and Conveyance Policy described in Report LGS-022-23. Staff Contact: Robert Maciver, Deputy CAO/Solicitor, 905-623-3379 ext. 2013 or rmaciver@clarington.net. Municipality of Clarington Report LGS-022-23 Attachments: Attachment 1 — Draft Road Closure and Conveyance Policy Interested Parties: There are no interested parties to be notified of Council's decision. Page 4 Attachment 1 to Report LGS-022-23 Council Policy Clarboon If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Number: CP-00# Title: Road Closure and Conveyance Type: Legal Services Sub -type: Real Estate Owner: Legislative Services Legal Approved By: Council Approval Date: Click or tap to enter a date. Effective Date: Click or tap to enter a date. Revised Date: Click or tap to enter a date. Applicable to: All Staff 1. Legislative or Administrative Authority: Municipal Act, 2001, S.O. 2001, c. 25, including but not limited to sections 9, 11, 26, 27, 31, 34, and 43. 2. Purpose: To provide an approved framework for Staff to follow upon receipt of a request to close and convey a municipal road allowance into private ownership. 3. Scope: This policy shall apply to circumstances in which a member of the public is seeking to acquire ownership of a surplus municipal road allowance. 4. Definitions: In this Policy, "applicant" means the individual or party originating a request for the closure and conveyance of any municipal road allowance; "appraisal" means an appraisal of land value prepared by an accredited member of the Appraisal Institute of Canada; "convey" means the transfer of either a fee simple interest or an easement; Page 1 of 10 Council Policy Clarboon If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 "reference plan" means a plan prepared by a certified Ontario Land Surveyor to describe the lands to be closed and conveyed; and "road allowance" follows the same usage as in the Ontario Municipal Act, 2001, S.O. 2001, c. 25. 5. Policy Requirements: Application 5.1. The Municipality will not consider any request to close and convey a road allowance unless the applicant has completed and submitted the application included as Schedule "A" to this policy together with the non-refundable application fee. Initial Screening 5.2. The Manager of Development Engineering, with the approval of the Director of Planning and Infrastructure Services, and in consultation with the relevant Staff and external bodies listed in Schedule "B" to this policy, shall make a preliminary determination as to whether the road allowance in question is surplus to the needs of the Municipality. 5.3. In addition to other any other considerations determined to be relevant by the Manager of Development Engineering and the Director of Planning and Infrastructure Services, it is the policy of the Municipality not to declare as surplus to the needs of the Municipality any road allowance that: 5.3.1. is situated outside of an urban settlement or hamlet boundary; 5.3.2. does not abut property already owned by the applicant; 5.3.3. due to its closure would compromise the future development of surrounding lands; 5.3.4. due to its closure would generate an excessive burden of traffic elsewhere; 5.3.5. would prohibit or restrict the safe passage of vehicles and/or pedestrians into recreational parks or other facilities; Page 2 of 10 Council Policy Clarboon If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 5.3.6. would obstruct or restrict the access into lands which have enjoyed the convenience of the road allowance for access purposes; 5.3.7. abuts on land, including land covered by water, owned by the Crown in right of Canada; 5.3.8. leads to or abuts on a bridge, wharf, dock, quay or other work owned by the Crown in right of Canada; or 5.3.9. is covered by water. 5.4. If the Manager of Development Engineering and the Director of Planning and Infrastructure Services determine that the road allowance should not be declared surplus, the applicant shall be advised of the reasons for the determination, and the application shall not be processed further unless Council instructs otherwise. Procedure for Council Approval 5.5. Upon a preliminary determination that the road allowance is surplus to the needs of the Municipality, the applicant shall be so advised, and the remaining steps in this policy shall be followed. 5.6. The Manager of Development Engineering, under the supervision of the Deputy CAO/Solicitor, shall prepare a recommendation report for the General Government Committee, setting out the details of the request, and the reasons for the recommendation. 5.7. Written notice of the General Government Committee meeting at which the recommendation report will be considered shall be provided to every owner of land that abuts the road allowance proposed to be conveyed, and every owner of land that abuts the applicant's property. 5.8. The Staff recommendation shall be subject to the following conditions: 5.8.1. That the applicant shall pay the cost to prepare and register a reference plan for the property to be conveyed; 5.8.2. That the applicant shall pay the cost for the Municipality to obtain an appraisal of the property to be conveyed; Page 3 of 10 Council Policy Clarboon If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 5.8.3. That the Deputy CAO/Solicitor is authorized to enter into an agreement of purchase and sale with the applicant with a purchase price consistent with the appraisal obtained for the value of the property, and upon such other terms considered necessary by the Deputy CAO/Solicitor; 5.8.4. That the applicant shall pay the non-refundable processing fee; and 5.8.5. That once all conditions have been fulfilled by the applicant, the Deputy CAO/Solicitor shall prepare the necessary by-law to give effect to the closure and conveyance of the road allowance. 5.9. If Council adopts the staff recommendation to close and convey the road allowance, there will be no further reporting to Council. Provided that the conditions are satisfied, the necessary by-law to close and convey the road allowance will appear on the Council agenda for enactment, following which the transaction will be concluded by the Deputy CAO/Solicitor. Appraisal 5.10. For the purposes of this policy, the Municipality shall retain an accredited, qualified, and independent appraiser to determine the fair market value of the property to be conveyed. 5.11. For purposes of any appraisal required by this Policy, it shall be assumed that the road allowance, 5.11.1. is a non -independently viable tract of land due to its configuration, land area or specific location; 5.11.2. will be assimilated by the parent parcel; 5.11.3. has in place the identical official plan designation and zoning classification and development potential of the parent parcel; and 5.11.4. is vacant. Page 4 of 10 Council Policy Clarboon If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 5.12. The principle of contribution shall apply to any appraisal obtained pursuant to this policy. The principle of contribution is a valuation principle that states that the value of any component of a property is measured by how much it adds to the net income or market value by reason of its presence or detracts from the net income or market value by reason of its absence, and the value of any factor of production depends upon its contribution to net income or value and not upon its cost. Schedules 5.13. The following Schedules are integral to and form a part of this policy: 5.13.1. Schedule "A" —Application Form 5.13.2. Schedule "B" — Circulation List for Consultation 5.14. The Deputy CAO/Solicitor is authorized to amend the Schedules to this policy as needed. 6. Roles and Responsibilities: 6.1. Council is responsible for: 6.1.1. Approving this policy and associated fees. 6.2. Chief Administrative Officer (CAO) is responsible for: 6.2.1. Final endorsement of any Staff recommendations proceeding to Council. 6.3. Deputy CAO/Solicitor is responsible for: 6.3.1. Obtaining all required property records and confirmation of ownership. 6.3.2. Reviewing reference plans and appraisal reports for the purposes of this policy. 6.3.3. Negotiation and execution of any agreements of purchase and sale authorized pursuant to this policy. Page 5 of 10 Council Policy Clarboon If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 6.3.4. Completion of land transactions authorized pursuant to this policy. 6.3.5. Approve any alterations to the Schedules to this policy proposed by the Manager of Development Engineering. 6.4. The Director of Planning and Infrastructure Services is responsible for: 6.4.1. Approving decisions of the Manager of Development Engineering pursuant to this policy. 6.5. Other Directors are responsible for the following within their scope of authority: 6.5.1. Providing input on the advisability of road closure and conveyance. 6.6. The Manager of Development Engineering is responsible for: 6.6.1. Receipt of applications pursuant to this policy. 6.6.2. Circulating the application as required. 6.6.3. Reaching a conclusion as to whether the road allowance is surplus to the needs of the Municipality. 6.6.4. Notification to abutting landowners. 6.6.5. Updating the Schedules to this policy, as required. 7. Related Documents: 7.1. Clarington By-law 2011-011 8. Inquiries: Deputy CAO/Solicitor Page 6 of 10 Council Policy Clarftwn If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 9. Revision History: Date Description of Changes Approved By Page 7 of 10 Council Policy Clarftwn If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 SCHEDULE "A" — ROAD CLOSURE AND CONVEYANCE APPLICATION FORM PART A — APPLICANT INFORMATION Name: Address: Email: Telephone: PART B — DESCRIPTION OF ROAD ALLOWANCE Town/Township: Concession: PART C — REQUEST TO CLOSE AND CONVEY /We, the undersigned, being the registered owner(s) of property abutting the road allowance described above, request to purchase the road allowance accordance with the Road Closure and Conveyance Policy. PART D — AGREEMENT TO PAY COSTS /We, the undersigned, agree to pay all costs associated with the closure and conveyance prior to the passing of the by-law in accordance with the Municipality's Policy and Procedure for Road Closure and Conveyance. SIGNATURE OF APPLICANT(S): DATE: Submit to: Planning and Infrastructure Services Department, Manager of Development Engineering Page 8 of 10 Council Policy Cladwoon If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 SCHEDULE "B" - CIRCULATION LIST FOR CONSULTATION Internal Circulation: Senior Leadership Team Municipal Clerk External Circulation: Company Address Contact Bell Canada 15 Victoria St FI-2 Chris King, Implementation Manager, Oshawa, ON L1 H Access Network Provisioning 8W9 P: 905-433-3350 E: Chris. kin bell.ca C.P Rail C.N. Rail Properties 1 Administration Ernie Longo, Senior Asset Manager Inc. Road P: 800-387-2039 Concord, ON L4K E: 1139 Central Lake 100 Whiting Chris Jones, Director, Planning and Ontario Avenue Regulation Conservation Oshawa, ON L1 H P: 905-579-0411 3T3 E: cjones .cloca.com Elexicon Energy 55 Taunton Rd Arthur Berdichevsky, Manager, Inc. East Engineering Ajax, ON L1T 3V3 P: 905-427-9870 E: aberdichevsk veridian.on.ca Enbridge Gas P.O. Box 650 Russ McLean, Manager of GIS; Distribution Inc. Scarborough, ON Jim Arnot, Manager of Drafting M1 K 5E3 P: 416-495-5228 E: Ganaraska Region P.O Box 328 Ken Thajer, Planning and Regulations Conservation Port Hope, On L1A Coordinator Authority 3W4 P: 905-885-8173 F: 905-885-9824 E: ktha'er rca.on.ca Page 9 of 10 Council Policy Clarboon If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 Hydro One Real 185 Clegg Road Cathy Ballah Estate (1-888-231- Markham, ON L6G P: 905 946-6256 6657) 1137 F: 905 946-6286 Ministry of Natural P.O. Box 7000 Denis LeMoire, South Central Planner Resources 300 Water Street P: Peterborough, ON E: K9J 8M5 Ministry of 1201 Wilson Tom Hewitt, Corridor Management Transportation Avenue P: 416-235-4953 (property) Ontario Building D, 7th E: Floor Downsview, ON M3M 1 J8 Public Works 4900 Yonge St, Mark Watson, Manager Government 10th Floor P: 416-512-5584 Service Canada - Toronto, ON M2N F: 416-512-5547 Geomatics Advisory 6A6 E: Division Regional 605 Rossland John Presta Commissioner of Works Municipality of Road East P: 905-668-7711 x3535 Durham Whitby, Ontario E: john.presta(a-_)durham.ca Works Department L1 N 6A3 Rogers 301 Marwood drive Triden Balasingam, System Planner, Communications Oshawa, ON L1 H Outside Plan Engineering 1 J4 P: 416-935-5173 E: Triden.Balasin am rci.ro ers.com Page 10 of 10