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Home My WebLink AboutWD-173-80 / 1 TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT Director's Report to Public Works Committee of December 5, 1980. ITEM: WD-173-80. DA'L'E: November 27, 1980. SUBJECT: Policy for Encroachment. BACKGROUND: At the Meeting of November 3, 1980, Council rescinded the Policy for Encroachment, as follows: Raotution # C-80-1377: THAT the Pot2i.ey 4otc Encuachment, ass set out in Re60tut on # W-265-80 o4 the Wo)Lk6 Committee and appnoved by Councit Ru otuti.on # C-80-1265 be ties c,i,nded. THAT Sta44 be instAueted to p&epa/Le a by-taw gtcanti.ng the encuaehment on ChutLch Sweet, as kequezted by Atan and Hazet Ruby, 4o& the t i.4e o4 the existing buitding, in aceo&danee with Section 353, Sub (t) pate (9 3) o4 The Municipat Act (,sic. ) THAT no luteth.e& encAoaehmen;s be eontsideAed un- tit the Pubti.e WotLk,6 Committee necommends u new Poti.cy to Council to be adopted by by-taw. The Policy for Encroachment had been established by Resolution # W-265-80, as follows: Raotut on # W-265-80: "THAT the 4ottowing be adopted as the Poti.cy �oA Encroachment and any pAior action be /taci.nded: "THAT permission 4or an encroachment be granted, on a yea -to-yeoA baziz, 40r as tong ass the tend in question is not requ Aed 4or Munici.pat purposes or pubtic use; tshoutd the tatter occur Aence take � ptaee, a zix-month peA od o4 notice /shatt be given" WD-173-80. (2) Prior to September, 1980, this Department was requested to pre- pare a new policy which, upon being received by the Committee, was recommended to the Town Solicitor for comment. (Report No. WD-101-80) ; however, by letter of September 25, 1980, (attached) the Solicitor expressed concerns in the matter. As a result, Report WD-139-80 recommended the abovementioned Policy. The Policy suggested in Report WD-101-80 (attached) was closely aligned to that used by the Regional Municipality of Durham. REPORT: During the past while, difficulties have been experienced with the Policy for Encroachment as set out in Resolution # W-265-80, in that mortgage companies would not consider the investment of funds wherein clear Title was not evident; granting an encroach- ment "on a year-to-year basis for as long as the land in question is not required for Municipal purposes or public use" did not give clear Title. It is certain that no two encroachment situations are identical and each, it has been found, must be considered on it's own merit. Upon consideration of all information relevant to this matter, there appears to be only one Policy to follow, even though this has, in the past, not been acceptable in all cases. RECOMvMATION: WHEREAS it is deemed necessary that a Policy for Encroachments be established, it is recommended that: 1. THAT each individual, written, request for permission to encroach be accompanied by a Reference Plan, and shall be presented to the Public Works Committee, by Staff, with a report and recommendation for consideration, 2. THAT each request for encroachment be con- sidered on it's own merits, after which one of the following shall apply: (a) That it be on a year-to-year basis. (b) That a portion of the Public Road be closed and conveyed. 3. THAT all costs associated with requests for encroachments be borne by the Applicant. TOWN OF NE6ICASTLE To: Mr. J. Dunham, Director of Public Works From: Jo M. Mcllroy, Town Clerk Date: November 6 1980 i This is to advise you that Council on November 3 1980 following resolution ##C-80-1377: passed the That the Policy for encroachment as set out in Resolution W-265-80 of the Works Canni.ttee and approved by Council Resolution ##C-80-1265 be rescinded, That Staff be instructed to prepare a by-law granting the encroachment on Church Street as requested by Alan and Hazel Raby for the life of the existing building in accordance with Section 353 Sub (1) par (93) of the Municipal Act, That no further encroachments be considered until the Public Works Cy"Ottee recannends a new policy to Council to be adopted by by-law. This is referred to you with regard to recommending a new policy to the Public Works Ccxanittee, i i i TOWN OF NF_WCASTLE PUBLIC WOWS S DEPARDENT Director's I:eport to Public Works Committee, September 30, 1980, ITEM: WD-139-80. DATE: September 29, 1980. SUBJECT: Policy for Encroachment. BACKGROUND: The subject matter was considered by the Public Works Committee and Report WD-101-80 was recommended, subject to comments of the Town's legal advisor. REPORT: Attached herewith are comments received from our Solicitor; concern is indicated regarding granting an encroachment on a public road for the life of a building Fund the opinion is ex- pressed that such an encroachment should only be for as long as the property is not required for municipal purposes. I RECOMMEMA T"ION: Whereas we concur with the Solicitor regarding an Encroachment Policy, therefore the following shall be adopted as the Policy for Encroachment and any prior action be rescinded, "THAT permission for an encroachment be granted on a year-to-year basis for as long as the land in question is not req- uired for Municipal purposes or public use; should the latter occurrence take place, a six-month period of notice shall be given. i I McInerney & Brady Dj.D. SIMS. Q.c. R.P. MORI IARRISTERS & SOLICITORS M.C. McINFRNE), j.F. BRADY W.M. BURCH September 25 , 1980 R EC V E D Mr. Joseph McIlroy, A.M.C .T. , Town Clerk, SEP 29 1986 Corporation of the Town of Newcastle, 40 Temperance Street, 101;. Bowmanville, Ontario. TOWN Ow -WCASTLE Dear Mr. McIlroy: Re: Policy for Encroachment Thank you for your letter of September 11th, 1980 . 1 have reviewed the policy for encroach- ment and I have some concerns with the form of the policy that has been adopted. First, I believe that each encroachment must be assessed on its own merits. No two situations will be idQntical and I do not believe that a single policy can be of universal application. I am also concerned that Council would permit an encroachment on a public road continue for the life of the building. Municipal purposes may change from time to time and dictate that the encroachment should terminate. Accordingly, I believe that if a licence is to be given to a property owner to continue the encroachment it should only be so long as the property is not required for Municipal purposes. I am concerned that if the present ' policy is adopted and enacted on the property owner may acquire a right to continue the encroachment that is higher than he would presently be entitled to under the law. I am sure that that is not the intent of Council. If you or Council have any questions please do not hesitate to contact me. You'r truly, David J. D. Sims , Q. C. DJDS:mrs P. c. Mr. Guiler;, Mr. Dunham" 117 KING STREET, WHITBY, ONTARIO LIN 4ZI BOX: 358 TELEPHONE: 668-7704 TOWN OF NEMCA'PLE PUBLIC FORKS DEPART LENT Director's Report to Public Works Committee of September 2, 1980. ITEM: WD-101-80, LATE: August 20, 1980. BAVEROUND: During the past several years, the following has been adopted as the Policy for Encroachments: ''THAT permission for the encroachment be granted on a year.-to-year basis, for as long as the land in question is not req- uired for Municipal purposes or public use; should the latter occurrence take place, a six-month period of notice should be given.'' REPORT: As a resulC_pE difficulties experience with the foregoing, Staff have reviewed the matter, and hereby reccxm-end: - RECUNV ENDATION: THAT the following be established as the Policy for Encroachment: 1• THAT each individual., written request for permission to encroach be accompanied by a Reference Plan, and shall be presented to the Pub.li_c Works Committee for consideration, together with a report and recommend- ation. 2. THAT, upon Ccxmdttee and Council's adoption of a recommendation to permit an encroachment, t&_s be for the life of the building, and that the appropriate By-Tina then be passed. 3• TTiAT, if a requested encroachment is geographically located within an area which is included in the Five-Year Forecast for road improvements, then this be considered, in accordance with Items 1 and 2 of the Policy, and that such encroachment be granted for a IMIXI IM period of five-year, with a renewal clause incorporated into the By-Law for review at the appropriate time. / 2 - 2 - RECCIMMATION, continued. . . 4. ITIAT all costs associated with Items 1, 2 and 3 o.l the foregoing, be borne by the Applicant. I i i I I i