HomeMy WebLinkAboutWD-57-81 TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT
Director's Report to Public Works Committee of April 14, 1981.
Item: WD-57-81.
Date: April 7, 1981.
Subject: POLICY FOR ENCROACHMENT
Recommendation:
THAT the recommendation contained in the correspondence of Mr.
Sims, Town Solicitor (April 2, 1981) be adopted as Town Policy
in respect of the consideration and/or granting of encroachments
on a Municipal highway and, further, that the Policy be formally
established by By-Law.
Report:
At the Meeting of January 20, 1981, by Resolution # W-5-81, the
Public Works Committee requested a letter of clarification of a
Policy for Encroachment, and attached are the recommendations
and comments received from the Town Solicitor.
Also attached is all previous data relative to this matter, which
is included for information purposes.
��r
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BARRISTERS & SOLICITORS
April 2, 1
1 t"�r)I
D.J.D. SIMS, Q(C.
M.C. McINERNEY
J.F. BRADY
Mr. Jack Dunham, APR 6 1961
Director of Public Works,
Corporation of the Town of Newcastle,
Municipal Buildings, WORKS DEPT.
Hampton, Ontario. Tr-, 'IF NEWCAQ'rf r
Dear Mr. Dunham:
Re: Policy for Highway Encroachments
T submit herewith my recommendations for
a Town policy with respect to the granting of permission
for encroachments on a highway.
Recommendations
1. Each request for permission for the continuation
of an encroachment upon a public highway be in
writing and be considered upon its own merits.
2 . Each request be submitted to the Director of Public
Works accompanied by the following information:
(i) the name of the registered owner of the
property;
(ii) the legal description of the property in
question;
(iii) a survey of the property and the encroach-
ment;
(iv) an explanation of how the encroachment
occurred.
3. The Director of Public Works shall consider the
application and submit a written report to the
Public Works Committee for its consideration.
4 . After receipt of the Director of Public Works
117 KING STREET, WHITBY, ONTARIO LIN 4ZI BOX: 358 TELEPHONE: 668-7704
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report, the Public Works Committee shall recommend
to Council either of the following courses of action,
namely,
(i) the application be denied; or
(ii) a by-law be enacted pursuant to the pro-
( visions of Section 354 (i) paragraph 93
of The Municipal Act
J (a) granting permission to the
registered owner, or owners,
their heirs, successors and assigns
to maintain and use such portion
of the erection as constitutes an
encroachment upon a public highway
for so long as the encroachment in
question is not required for
municipal purposes;
(b) charge such annual fee or charge as
Council considers reasonable;
(c) in the event that a by-law granting
permission for the encroachment is
granted and an annual fee or charge
is required, such fee or charge shall
form a charge upon the land used in
connection therewith and the payment
of it may be enforced in like manner as
taxes are payable;
j (d) providing that the by-law may be
rescinded at any time and the permission
for the encroachment shall be terminated
six months after the rescinding by-law
shall have been enacted.
Background
Council has in the past received requests for per-
mission to continue encroachments upon public streets. In
most cases the encroachment occurred many years ago before
set backs were required by zoning by-laws and before surveys
were normally required in routine real estate transactions.
The existence of the encroachments now come to light from
surveys when properties are being sold or mortgaged.
i
Previously, the encroachment policy was established
by resolution W-265-80, adopted by Council resolution
C-80=1265 which reads as follows :
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"Permission for an encroachment be granted on the
year-to-year basis, for as long as the land in question
is not required for Municipal purposes or public use.
Should the latter occurance take place, a six month
period of notice shall be given. "
However, Resolution C-80-1377 rescinded the prior
resolution and reads as follows:
"That the policy for encroachment, as set out in
Resolution W-265-80 of the Works Committee and
approved by Council Resolution No. C-80-1265 be
rescinded. That the 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 L, Par. 93) of The Municipal Act, (cic. ) .
That no further encroachments be considered until
the Public Works Committee recommends a new policy
to Councio to be adopted by by-law. "
Resolution No. W-5-81 requires the matter of encroach-
ment policy to be on the agenda of the next Public Works
meeting on February 17th, 1981 , with a letter of clarification
from the Town solicit6.r.
Commenting on a prior draft of the policy for en-
croachment I stated that I believed that each encroachment
must be assessed on its own merits. No two situations will
be identical and I do not believe that a single policy can be
of universal application.
I further stated that I was concerned that Council
might permit an encroachment on a public road to continue
for the life of the building. Municipal purposes may change
from time to time and dictate that the encroachment should
terminate. Accordingly, I recommended that if a license was
to be granted it should only continue for so long as the
property is not required for municipal purposes.
The Municipal Act, Section 354 (1) paragraph 93 deals
with the subject and provides as follows:
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Sec. 354 (1) - By-laws may be passed by the
Councils of local municipalities:
93. - For allowing any person owning or occupy-
ing any building or other erection that
by inadvertence has been wholly or partially
erected upon any highway to maintain and
use such erection thereon and for fixing
such annual fee or charge as the Council
considers reasonable for such owner or
occupant to pay for such privilege.
(a) Such fee or charge forms a charge
upon the land used in connection
therewith and is payable and payment
of it may be enforced in like manner
as taxes are payable and the payment
of them may be enforced, but nothing
herein affects or limits the liability
of the municipality for all damages
sustained by any person by reason
of any such erection upon a highway.
While Council may permit an existing encroachment
under the aforementioned section its permisson can be with-
drawn at any time.
Accordingly, I suggest that my recommendations
would be a suitable policy for encroachments on a public
highway. If you have any questions please do not hesitate
to contact me.
f
Yo rs ruly,
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David D. Sims, Q. C.
DJDS :mrs
P. c. Mrs. Gertrude E. Gray
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POLICY FOR ENCROACHMENTS: Background history.
I'. Prior to April, 1980 ENCROACHMENTS were treated on an individual basis and
were granted, by Resolution, with wording as follows:
"THAT permission for the encroachment be granted in respect of --------
-------- (details of dwelling, location, Reference Plan, etc)----------
and that this encroachment be on a year-to-year basis for as long as the
land in question is not required for Municipal purposes of public use;
should the latter occurrence take place, a six-month period of notice
shall be given".
April 29, 1980: Report WD-53-80, endorsed by Resolution # W-93-80 (Item
P' 3 4. P.W.C. Report to Council)
******* RECOMMENDED NEW POLICY.
P•2�- COUNCIL ACTION: May 5, 1980. Resolution C-80-663 "TABLED"
3. September 2, 1980: Report WD-101-80, endorsed by Resolution # W-203-80
9-Al (Item 8, P.W.C. Report to Council.)
NEW POLICY RECOMMENDED TO COUNCIL.
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P.%Ao COUNCIL ACTION: September 8, 1980. Resolution C-80-1144 "APPROVED".
September 30, 1980: Report WD-139-80, endorsed by Resolution # W-265-80. (Item 18 on Report)
RECOMMENDED NEW POLICY (as per pre-April, 1980)
previous action rescinded.
(? 11 COUNCIL ACTION: October 6, 1980. Resolution # C-80-1265 "APPROVED"
November 3, 1980: COUNCIL ACTION: Resolution # C-80-1377 RESCINDS # C-80-1265
P' 11 and "will consider no further encroachments until the
Public Works Committee recommends a new Policy to Council
to be adopted by by-law".
Note: Same Council Meeting: See Resolutions C-80-1371 & 1372. ( ' �eo�
). '*J-' December 5, 1980: Report WD-173-80, endorsed by Resolution # W-319-80 & W-320-80.
3,t 4 P (0- p t S (Item 10, P.W.C. Report to Council) .
******* NEW POLICY (subject to concurrence of Town Solicitor) .
January 20, 1981: Report WD-15-81, received for information.
P •� Resolution # W - 4 -81 - granting encroachment "notwithstanding Policy"
(Item 1, P.W.C. Report to Council)
Resolution # W-5-81:
"THAT the matter of an Encroachment Policy
be on the next Works Committee agenda with
a letter of clarification from the solicitor".
COUNCIL ACTION: P.W.C. Report adopted by Council # C-109-81.
SUMMARY: FOUR POLICY RECOMMENDATION SINCE APRIL, 1980.
j.�
Public Works Committee
Resolution #W-4-81
January 20, 1981 ��
Moved by Mayor Rickard, seconded by Con. Prout
THAT notwithstanding Town Policy for Encroachments,
adopted by Council on October 6, 1980, and in view
of circumstances related to this situation as being
minimal, a by-law be prepared to permit the encroachment
of the building on street allowance for the life of the
building, subject to the approval of the Town Solicitor,
and Report WD-15-81 be received for information.
"CARRTED"
Resolution-#W-5-81
Moved by Mayor Rickard, seconded by Con. Woodyard
Policy for THAT the matter of an Encroachment Policy be on the
Encroachments next Works Committee agenda with a letter of
clarification from the solicitor.
Moved by Con. Prout, seconded by Con. Woodyard
THAT Report WD-12-81 be entertained at this time.
"CARRIED"
Resolution #W-7-81
Moved by Con. Prout, seconded by Con. Woodyard
THAT the recommendation in Report WD-12-81 be endorsed and;
1) Upon the acquisition of By-law 198, dated March 3, 1866,
the same be registered and the necessary Deed be prepares!
"CARRIED"
1 . Mangan Q.C.
Road
Mr. J. Mangan,
Q.C. ,
addressed the Committee relative
Allowance
Report
WD-12-81,
part of lots 30 and 31, Concession 9,
Lots 30 & 31
and part of
the Road
Allowance between lots 30 and .31,
Conc. 9
Concession
9, former
Township of Darlington.
Darlington
Resolution
#W-6-81
Moved by Con. Prout, seconded by Con. Woodyard
THAT Report WD-12-81 be entertained at this time.
"CARRIED"
Resolution #W-7-81
Moved by Con. Prout, seconded by Con. Woodyard
THAT the recommendation in Report WD-12-81 be endorsed and;
1) Upon the acquisition of By-law 198, dated March 3, 1866,
the same be registered and the necessary Deed be prepares!
REPORT # 3
Mayor Rickard and Members of Council:-
The following is a report of the meeting of the Public Works Committee held on
January 20, 1981.
ft�oP;Ir) gy c
1• Encroachment Part 3, Plan 1OR-417 - Church St. Bowmanville
It was recommended to Council that notwithstanding Town Policy for Encroachments,
adopted by Council on October 6, 1980 and in view of circumstances related to this
situation as being minimal, a by-law be prepared to permit the encroachment of the
building on street allowance for the life of the building, subject to the approval
of the Town Solicitor.
-� 2• Road Allowance between Lots 30 and 31, Cone. 9„flarlincton
It was recommended to Council that, relative to Road Allowance between Lots 30 and
31, Concession 9, former Darlington:
l.) Upon the acquisition of by-law 198, dated March 3, 1866, the same be registered
and the necessary deed be prepared, conveying the relevant portion of the road
allowance and further that any associated costs be borne by the applicant.
2) Whereas by-law 198 may not be on record, then comments from the Town Solicitor
be obtained prior to a new by-law being submitted to Council for consideration.
3. Storm Sewer Construction
IC was recommended to Council that funds be provided in the 1981 budget for storm sewer
construction, in accordance with Report WD-17-81 and the estimated costs outlined
therein and further that the Region of Durham be requested to accommodate in their design
a location for future sidewalks in those areas where presently sidewalks do not exist.
/I . Tenders for Garbage Collection Orono
it was recommended to Council that the tender of Puckrin & Sons Whitby, for garbage
collection in Orono at a Unit Price of $2.89 per month and annual contract price of
$25, 923.30, being the lower tender, be accepted subject to the Director of Public
Works confirming that the conditions of tendering had been met.
5• Unclaimed Road Hamlet of Tyrone
It was recommended to Council that due to the large encroachment of a property on
the subject land and in accordance with the proposed Development Plan for the Hamlet
of Drone, the Town of Newcastle grant a letter to Mr. Merrill D. Brown, O.L.S.
stating that this Municipality has no interest or Title to the lands situated in
Part of Lot 9, Concession 7, former Township of Darlington, more particularly described
as Parts 2 and 3 of Plan 1OR-1174.
- 2 - Report No. ( S , oC �0)
8. Appraisal Station Street Orono
It was recommended to Council that an appraisal of land value be obtained
relative to Parts 1 to 15, inclusive of Plan 1OR-1042 and that the cost for same
be applied to the Reserve Fund (Sale of Road Allowances) and further that the
Director of Public Works report back to this Committee when the Appraisal is
received.
9. Policy for Unmaintained Road Construction
It was recommended to Council that the following Policy for Unmaintained Road
Construction be established by by-law:
"THAT the Town will not undertake the construction of any unmaintained road
until June 1, 1983 and will not, within that period assume for maintenance
purposes any additional roads, save and except those which are constructed
by others, at no cost to the Town, under a Subdivision Agreement; The Local
Improvement Act or private enterprise, provided that the roads solconstructed
meet the Design Criteria and Construction Standards required by the Town and
that all applications for implementation of the Policy must be approved by
the Municipality and be in accordance with the provisions of the appropriate
Zoning By-law and Official Plan".
10. Policy for Encroachments
It was recommended to Council that the following Policy for Encroachments
be established, subject to the concurrence of the Town Solicitor:
"1. 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. Each request for encroachment be considered on its 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. All costs associated with requests for encroachments be
borne by the applicant.
11. Part Lot 1, Concession 5, Clarke - Des-iardins
It was recommended to Council that, whereas improvements are requested to the road
allowance in part of Lot 1, Concession 5, former Township of Clarke, prior to
consideration of year-round maintenance, and whereas Town Policy has been that
improvements be at no cost to the Town, therefore the applicant be advised that,
Resolution 11W-317-80 1,4
Moved by Mayer Rickard , seconded by Con. Pruut
Policy 'IVAT the recommendation in Report WD-172-80 be endorsed
Unmaintained and that the Policy for Unmaintained Road Construction,
Road as previously. established be extended for a period of
Construction two years.
"CARRIED AS AMENDED"
Resolution #W-318-80
Moved by Mayor Rickard, seconded by Con. Prout ,
THAT the foregoing resolution be amended by
extending the policy until June 1, 1983 and
the policy be established by by-law.
"CARRIED"
Resolution #W-319-80
MOvecl by Con. Prout , seconded by Con. Woodyard
Policy THAT the recommendation in Report WD-173-80 be
for endorsed and whereas , it is deemed necessary that
Encroachments a policy for Encroachments be established, that
1 . Each Individual written request for permission
to encroach he accompanied by a Reference Plan
and shall be presented to the Public Works
Committee, by Starr, with a report and recommendation
for consideration.
2. Each request for encroachment he considered on its
own meriCs , after which one of the following; shall
;apply;
(a) That it be on a year-to-year basis
(h) That n portion of the Public Road be
closed and conveyed.
3. All costs associated with requests for encroachments
he borne by the applicant.
"CARIOED AS AMNNDl-A)"
Public Works Committee - 5 - December 5, 1980
Resolution #W-320-80
Moved by Con. Cowman, seconded by Mayor Rickard
THAT the foregoing resolution be amended by adding
Iscrb.ject to the concurrence of the Town Solicitor'
- --- — --- "CARRT 1)"
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Council Minutes
Heritage
Designation
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Resolution #C-80-1519
December 15 1980
Moved by Councillor Payout, seconded by Councillor Taylor
THAT Item 3 of the foregoing report be adopted.
"CARRIED'
Resolution #C-80-1520
Moved by Councillor Prout, seconded by Councillor Hubbard
THAT the Town Clerk's report re Heritage Designation be
approved.
"CARRIED"
Resolution #C-80-1521
Moved by Councillor Taylor, seconded by Councillor Prout
Public THAT the Public Works Committee Chairman's report of
Works meeting held December 5 1980 be approved except for
Co mii_ttee Items 12 and 13.
"CARRIED"
Resolution #C-80-1522
Moved by Councillor Taylor, seconded by Councillor Prout
THAT Item 12 of the foregoing report be adopted.
Resolution #C-80-1523
Moved by Councillor Cowman, seconded by Councillor Harare
THAT Item 12 be referred to the meeting of Council In C Tadttee
called for December 19 1980 together with the Town Manager's
report on staffing.
Resolution #C-80-1524
Moved by Councillor Taylor, seconded by Councillor Prout
THAT Item 13 of the foregoing report be adopted.
C(l
TOWN OF NEWCASILE, PUBLIC WORKS DEPARTMENT
Director's Report to Public Works Committee of December 5, 1980.
ITEM: WD-173-80.
DATE: November 27, 1980.
SUBJECT: Policy for Encroachment.
BACKGROUND:
At the Meeting of November 3, 1980, Council rescinded the Policy
for Encroachment, as follows:
Resotu,ti.orl N C-80- 1377:
THAT the Po.Picy bon Ennoachment, a6 set out in
Resoecc,ti.on N W-.265-80 o6 the WwLks Committee and
approved by Cowlci.e Reso.eu,ti.orl N C-80- 1265 be
nescirlded.
THAT S.ta66 be ins,tnucted to pnepcvLe a by-.eau
g�LCU(.tblg the ene"achnien,t ON Church Stkee-t, "
neque:s.ted by A.ean and Haze.e Raby, 6oA the .eik
06 the ex i.z.ti.ng bu, ecCCng, to accoiLdanee wi-th
Act (.on . ) 3, Sub (.e) pan. (9 3) o6 The Mun.i.c,t.pat
Act (s,�c. )
THAT no 6un.the4 encAoachments be cons.tdened wt-
'at ,the Pube, c WO&ks COMm -ttee recommends a new
Pae,i.c(/ to Co unc,t2 to be adopted by b y-eaw.
The Policy for Encroachment had been established by Resolution
it' W-265-80, as follows:
RuoCu.ti.on N (0-265-80:
"THAT the 60.eeow,6ig be adopted as the Poucy 6m Encnoachmen-t and
arty Pkio& ac. ol( be nesc,inded:
"THAI" j:)enmjs,5iOn 60n an encnoachmeat be gnan.ted,
0"1 a c/ean-.to-yeauL basis, bon as .e0a as the .eared
u'1 qucs.ti on .i
not nequii,ted bon iij(U1 CG(pa e `J(ULpU S e S
Un pube-Cc Lase; shoued the Catte}L occunn.ence -take
a 6,tx-nion.th pe.nLi.od 06 notice, 6hate 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 Cormii.ttee,
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.
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.
RECOIL 'MATION:
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 NEWCASTLE
To: Mr. J. Dunham, Director of Public Works
From: J. M. McIlroy, Town Clerk
Date: Novenber 6 1980
This is to advise you that Council on November 3 1980 passed the
following resolution #C-80-1377:
That the Policy for encroachment as set out in Resolution W-265-80
of the Works CamLittee 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
Conmi.ttee recommends a new policy to Council to be adopted by by-law.
This is referred to you with regard to recomiending a new policy to
the Public Works ComBnittee,
ffla
1OWN OF NEWCASTLE PUBLIC WO RKS DEPARTENr
Director's Report to Public Works Committee, September 30, 1980.
Imo: WD-139-80.
DATE- : September 29, 1980.
SUBJECT: Policy for Encroachment.
idM►!!L• 1►11
the subject matter was considered by the Public Works Committee
and Report WD-101-80 was recomwnded, subject to comlents of the
Town's legal advisor.
REPORT:
Attached herewith are comnents received from our Solicitor;
concern is indicated regarding granting an encroachment on a
public road for the life of a building and the opinion is ex-
pressed that such an encroachment should only be for as long as
the property is not required for municipal purposes.
RECOMMENDATION:
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.
"As Mi)rt®n McInerney & Brady
BARRISTERS & SOLICITORS
V
September 25, 1980
D.J.D. SIMS. Q.C. C
R.11. MORTON
M.C. MCINERNEY
.I.F. BRADY
W.M. BURCH
RECE .VED
Mr. Joseph Mcllroy, `A.M.C.T. , 29 1986
Town Clerk, SEP
Corporation of the Town of Newcastle,
40 Temperance Street, WOt' :)gPl.
Bowmanv' Ile, Ontario. TOWN p► :WCASTLE
Dear Mr. McIlroy:
Re: Policy for Encroachment
Thank you for your letter of September
11th, 1980. I 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 identical 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 e.
Yo truly,
David J. D. Sims, Q. C.
DJDS:mrs
p.c. Mr. Guiler; Mr. Dunham
117 KING STREET, WHITBY, ONTARIO LIN 4Z1 BOX: 358 TELEPHONE: 668-7704
.1
110M OF NEWCASTLE PUBLIC MRKS DEPARU ENI'
Director's Report to Public Works Cotmnittee of September 2, 1980.
ITEM: WD-101-80.
DATE: August 20, 1980.
BACKGROUND:
During the past several years, the following has been adopted as
the Policy for Encroachments:
i
"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 result of difficulties experience with the foregoing, Staff
have reviewed the matter, and hereby recommend.-
THAT the following be established as
the Policy for Encroachment:
1. 'MAT each individual, written request for permission
to encroach be accompanied by a Reference Plan, and
shall be presented to the Public Works Caudttee for
consideration, together with a report and reconu end-
ation.
2. THAT, upon ComTi_ttee and Council's adoption of a
recommendation to permit an encroaclmietit, this
be for the life of the building, and that the
appropriate By-Law then be passed.
3. THAT, 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 maximum period of five-year, with a renewal
clause incorporated into the By-Law for review at
the appropriate time.
/ 2 . . .
Cr I
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MCOMMEIMITON, continued. . .
+• THAT all costs associated with Items 1, 2 and 3
of the foregoing, be borne by the Applicant.
TOWN OF NEWCASTLE, PUBLIC WORKS DEPARTMENT
Director's Report to Public Works Committee.
Item: WD-53-80.
Date: April 21, 1980.
Subject: ENCROACHMENT - 94 Church. Street , Bowmanville.
Background:
The subject matter was discussed by the Public Works Committee at the
meeting of December 11, 1978, as a result of which Resolution # W-415--:
78 was passed and adopted by Council on December 9, 1978.
During the past two years, approximately fifteen encroachments have
been considered by the municipality, all of which have resulted in
action identical to that which is presently discussed.
Report:
The attached correspondence states that the subject property " is the
only one that had been condemned by a threatening clause", and clearly
this is not the case.
In Section 354, subsection 93, of The Municipal Act, the following
provisions for encroachment are made:
93. For allowing any person owning or occupying any building or
other erection that by inadvertence has been wholly or
partially erected upon any highway to maintain and use such
erection thereon and for fixing such annual fee or charge as
the council considers reasonable for such owner or occupant
to pay for such privilege.
(a) Such fee or charge forms a charge upon the land used
in connection therewith and is payable and payment of
it may be enforced in like manner as taxes are payable
and the payment of them may be enforced, but nothing
herein affects or limits the liability of the munic-
ipality for all damages sustained by any person by
reason of any such erection upon a highway. .
/ 2 . . .
14.
L
WD-53-80. - 2 -
The foregoing can be incorporated into a by-law and, presumably, a time
element can also be included.
To this point in time encroachments have been granted at no cost to the
property owners which, in my opinion, has been a reasonable approach by
the Town; in the past there have been two occasions where mortgage
companies have expressed concern with Town Policy relative to encroach-
ments, and the fact that they are granted on a "year-to-year basis for
as long as the land is not required for municipal or public purposes".
Recommendation:
WHEREAS concerns have been expressed relative to
encroachments on highways under the jurisdiction
of the Town of Newcastle, it is deemed necessary
that the following Policy be established:
1. Written requests for acknowledgement of en-
croachments shall be considered by a Comm-
ittee or Council, in accordance with Section
354, subsection 93, of The Municipal Act.
2. After consideration Council may establish an
annual fee, such as may be reasonable for an
owner or occupant to pay for the privilege of
encroachment on municipal property.
3. Upon payment of the first annual fee, Council
may pass the appropriate by-law in respect of
the encroachment, and this shall remain in
effect until the Town of Newcastle, or the
property owner or occupant, has requested a
repeal of, or amendment to, the by-law, such
notice or request shall be given at least 60
(sixty) days prior to any year's end.
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I
Council Minutes -5- November 3 1980
Mayor Rickard left the Chair at this time and Councillor
Prout took over as Acting Mayor.
Resolution #C-80-1366
Moved by Councillor I1olliday, seconded by Councillor Barr
Recess THAT the meeting; recess until 1:15 p.m. (time - 12 noon) .
''CARRIEDI I
'I'he meeting; reconvened at 1.:15 p.m. with the same people in
atLencLance with the exception or Councillor Barr.
(C )wicillor l;<u•r ;joined We IIKeti.ng at 3:05 p.m. )
Resolution #C-80-1367
Wved by Councillor Hobbs, seconded by Councillor Cowman
Calinittee of TfiAT the meeting; be in "C.cxnnittee of the 11'hole"
the Whole
Resolution #C-80-1368 "CARRI Y,
Wved by Councillor ProuL , seconded by Councillor Ccnvman
'11 AT Mr. Strike be heard.
"CARR IM,,
Resolution #C-80-1369
Moved by Councillor Hobbs, seconded by Councillor Prout
Lncroaclylx,nt 'IIIAT Council concur with Mr. Strike's request regarding the
12 Braun Street encroachment at 12 Brown Street, Dowrnauiville.
370
Moved by Councillor Hobbs, seconded by Councillor Prout
I I'IIAT the oroboint; xe lotion be amended to provide that the
ZY wn Fc li cy blue -mndedl acwrding;ly.
Moved by.Councillor Cowntur, seconded by Councillor Clarke
IIIAT hLr. Strike's request be referred to the Mayor and Staff
_.tU,.scelc-a-.rcasgn��le solution to this prob.1on and that the
Mayor...I e_.g;Yen power to act'to resolve the matter or bring;
6ou11c..1.1 toguLher before Lhe end of Lhe week if necessary.
"CAIiR IM11
Council hlinu ws -9- NOW-111)(111 3 1980
R olut an JOG-=8U-l377
U)vcd by Councillor Ilobbs,seconded by Councillor Prout
Encroadiment '111AT the Policy for encroaclunont as set out in Resolution
W-265-80 of the Works Connli ttee and approved by Council
Resolution #C-80-1265 be rescinded,
`I'IIAT Staff be instructed to prepare a by-law granting the
encroaclvnent on Church SLrcet as requested by Alan and
JkLzel Raby for the life of Lhe existing building in accordance
with Section 353 Sub (1) par (93) of the Municipal Act,
__'11IAT,no ur her encroaclvlx✓nts be considered until- the Public
Works: C- � _i oe'rr'ecorrrnends a new
poTicy xtq; Council to be
'ulopted by by .,jw.
'CARRI MI,
R(NN )l u t ion #C-80-1378
Moved by Councillor Counnan, seconded by Councillor Hobbs
IZeklcei• '111XI' the report #P-189-80 I'_tGe Director of Public Worlc
be received for inforniat'on cued no action be taken.
t-lo 0 4� R c PL. q N nl l_N G•
- -----------
ltc:solution #C-80-1379
Moved by Councillor Ilobbs, seconded by Wuncil.lor Clarke
Ali•. ViYxxn 'MAT Council wncur wiLh Lhe recquesL of MI.. VrO(An to retain
a building on his lot while building a nciv have on High
Sticet, 130WIvinvil.l.e, subject t.o the pit>Ix;r aq;rcaixant being
Ctra1'n Up,
Ccxlllli t tec,
Rise
Actions
'1':dcen
''CARRIID"
110:tio 1 u Lion #C-80-1:380
6k>vc d by Councillor C WI1 U1 , secx>nded by Councillor Ilolliday
THAT the C(IlnLi L tee rise.
Resolution #C-80-1381.
''CARRIM,,
Nk)vc`d by Councillor Ilobbs, seconded by Councillor Cowman
'MAT the actions taken 11, C c xmu C tee of the lVhOIe be approved.
"CAW ZI11)"
- 3 - Report #3
14. Argyle Street Bowmanville
It was recommended to Council that the property owners of 68 Ontario Street and
8 Argyle Street be notified of action taken in regards to restoration resulting
from reconstruction.
15. Street Lighting - Lamb's Lane, Bowmanville
It was recommended to Council that, conditional upon favourable comment from the
Newcastle Hydro Electric Commission relative to street lighting improvements on
Lamb's Lane, requested between Second Street and O'Dell Street, and the ability for
same to be financially accommodated during 1980, then the request be approved or,
whereas the above cannot be accommodated in 1980, then it be considered in 1981 and
further that any portion of the area where street lighting is not in existence, then
it be considered in accordance with the current policy.
16. One Foot Reserve —Ashton Subdivision
It was recommended to Council that relative to the Ashton Subdivision, Block 'A'
of Registered Plan No. 680, being a one-foot reserve, be lifted and the by-law in
respect of same be forwarded to Council for approval and that the subject block
be declared a Public Highway.
17. Street Names - Rills of Liberty North
It was recommended to Council that, subject to the necessary approvals, the street
names proposed for Subdivision No. 18T-77123, Rills of Liberty North, be approved.
18. Policy for Encroachment f�Dop-�E3> (�j y e
It was recommended to Council that the following Policy for Encroachment be endorsed
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 required for Municipal purposes or public use; should
the latter occurrence take place, a six-month period of notice shall be given."
Respectfully submitted,
Ivan M. Hobbs, Chairman
Council Minutes
Resolution #C-80-12CY1
o
�1
October 6 1980
Moved by Councillor Hobbs, seconded by Councillor Cov4mLn
Davis THAT Item 10 of the foregoing report be approved.
Subdivision
"CARRIED"
Resolution #C-80-1265
Moved by Councillor Hobbs, seconded by Councillor Prout
Public THAT the Chairman's report of the Public Works Committee
Works meeting held September 30 1980 be approved.
Committee
"CARRIEn"
Resolution #C--80-1266
Moved by Councillor Cowman, seconded by Councillor Clarke
Bowmanville ZHA,T the Town Clerk's report of Public Meetings regarding the
Urban Bowmanville Urban Area Plan be approved.
Area Plan
"CARRIED"
Resolution #C-80-1267
Moved by Councillor Hobbs, seconded by Councillor Prout
Parking THAT the By-Law Enforcement Officer's report regarding parking
on King on King Street East be received for information.
Street East
"CARRIED"
Resolution #C-80-1268
Moved by Councillor Cowman, seconded by Councillor Clarke
Zoning IIIAT the Town Clerk's report regarding application for amendment
by-law to zoning by-laws be received.
amendment'
"CARRIED"
Resolution #C-80-1269
Moved by Councillor Hobbs, seconded by Councillor Prout
Storm THAT the Director of Public Works report regarding Storm Water
Water Management Study Report be approved.
Mcuragunent
Study "CARRIED AS AMENDED
Council Minutes -7- September 8 1980
Resolution #C-80-1142
Moved by Councillor Hobbs, seconded by Councillor Prout
Parking - THAT Council concur with Item 5 of the foregoing report.
King Street
Resolution #C-80-1143
Moved by Councillor Hobbs, seconded by Councillor Barr
MAT the foregoing item be tabled and referred to the meeting
after next of the Finance and Administration Committee and
that there be a full discussion of parking matters at that
time and also that any interested parties be invited to attend
the meeting.
"CARRIED"
WD I 0 _ g o resolution #C-80-1144
Nk)ved by Councillor Hobbs, seconded by Councillor Holliday
Policy for 71IAT Item 8 of the foregoing report be approved.
Lncroaclvnent
Resolution #C-80-1145
Moved by Councillor Barr, seconded by Councillor Holliday
rlllKr all the words after the first paragraph of Item 8
be deleted and that the previous procedure on the basis of
permission subject to six months notice be adopted as
policy and the Director of Public Works report back with
regard to said procedure.
"MOTION LOST"
On being put to a vote Resolution #C-80-1144 was carried.
Resolution #C-80-1146
Moved by Councillor Hobbs, seconded by Councillor Prout
Encroachinent THAT Item 9 of the foregoing report be adopted.
Irons Estate
"CARRIED"
Councillor Holliday declared a possible conflict of interest
and took no part in discussion or voting in this matter.
(C-Q41
�>o r t /1 l 6. M.T.C.T Project 110-72-01 - Reconstruction of High Reway ll2
It was recommended to Council that relative to M.T.C. Project 110-72-01,
Reconstruction of Highway #2 from Oshawa TownlLne to Regional Road 57 that
C �o
tj
� tl
(1) provision for sidewalks only be provided by the Ministry
in accordance with their letter of August 1, 1980.
(2) sidewalks be considered in conjunction with future development
and when deemed to be financially feasible.
(3) the Ministry of Transportation and Communications be so advised.
7. Closure - Victoria Street West of Main--- Orono - (Lower
It was recommended to Council that Mr, and Mrs. Lowery be advised of Town Policy
regarding the closure and conveyance of road allowances and, further that upon
the concurrence of the applicant, and all other abutting owners,then that portion
of Victoria Street, west of Main Street, in Orono, be closed and conveyed in
accordance with the Policy.
8. Policy for Encroachment
It was recommended Lo Council that the following be the Town's Policy for Encroachments
(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 for consideration, together with a report and reconunendatic
(2) That, upon Committee and Council's adoption of a recommendation to permit
an encroachment, this be for the life of the building and that the
appropriate by-law be passed.
(3) That, 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 maximum period of five years,
with a renewal clause incorporated into the by-law for review at the
appropriate time.
(4) That all costs associated with Items 1, 2 and 3, of the foregoing'
be borne by the applicant.
subject to comments of the Town's legal advisor.
9. Encroachment - Irons Estate
It was recommended to Council that permission for the encroachment of certain buildings
comprising the Irons Estate, as defined on Plan IOR-1056 be granted, in accordance
with the recommendation in Report WI}-101-80, and further that the appropriate by-law
be passed.
1
''C'M OF NEI'CASTI E
lb: 1LzyOZ Garnet B. Rickard
A. C. GU i.ler, Town I1Manager
K. Ikgroot, Treasurer
D. Smith, Director of Pl�ulrling
J• DLLWiam, Director of Public"Works
T. A. Fanning, Director of Cannunity Services
G Gray, Cannittee Secretary
J. Ihynuul, Area Fire Chi.el,
11. G. Wight, Director of Wilding Control
L. Sinlpson, By-Law Enforcement Officer
Fran: J: 11I. AMcllroy, A.M.C.T.
Zbwll Cleric
Date: A y 7 1980
For your i.nfoi nation and necessary actioll, this is to advise yoLl that the
reports sul-wi.ttod to Council on ALay 5 1980 were adopted Gvith the
aollolvillg vnenchents:
Public Works Canllittee
I tCU 4.1 Libled (ResolllLion
#C--80-6(33) . (9-pkCACf)eN hf E..K t C'o t-1 t Y
7 mi 15 ncloptecl, t:;.l.ki.n into account the Clef k'S zc'Ixll't: that the
lli 1�� l.ol uC PIII�.L.i.c Wm'k-5 aIICI C0 11SL1lti.n,; M;ng.i.ncx l.' hacl .i.ndicatcd tlx:y
111'1'e i.11 (ir.1'eCYlleilt 1vzLh Lhe reCallllelldat1011.
I'L(;l_;ul.el l cix>l. l 1"c 13y-I K1w 80--x.15
:lclopted. Mayor a.11c:1 staff to prepare a press z•(-,.lease to explain C()wleil 'S
1'c lsons .for. resci.ndi.11g By-Law 77-22 which gra.ntcc.l $100 ta-; al.loalancc to
certain elderly residents.
RE r% r-
1 11 ED
MAY 7 1980
W0 E 11\'" f) 'T.
TOWN r,f,
NLPORT #3
Mayor Rickard and Members of CU(lnc.11 :-
The following is a report of the meeting of the Public Works Committee
held on Tuesday ,April 29, 1980:
1. Tyrone Improvements
It was recommended to Council that Report 73-80 of the Commissioner of Works
of the Region of Durham relative to improvements in the Hamlet of
received for information. Tyrone be
2. Traffic SiLlilals, King and Simpson
23
It was recommended to Council that the Ministry of Transportation and Communications
be advised that the Municipality :,),roes thrl t Cho Ministry reserves the ri);ht to
check and adjust the signals periodically, for timing
ensure an orderly and unhampered flow of traffic and bfurther, that� the Town to
Newcastle will maintain such other traffic colttro.l.s Town ns of
as may, in the opinion of the Ministry, be necessary(toPensure�therefficientnoperation
of the traffic signals.
3. Street reet L ,hts - Ashton Subdivision Sol..ina
----------
It was recommended to Council that the by-Jaw relative to street lights in the
Ashton Subdivision, SOl.ina, be approved. (See By-law 80-56)
4 W-b.93.tpPoli for I:nc.roactlme11t8 TgpSL9> gy _eo _G6
3 ,
It was recommended to Council that whereas concerns have been expressed relative
to encroachments on highways under the jurisdicition of the 'Town of Newcastle
it is deemed necessary that the following Policy be established :
1. Written requests for acknowledgement of encroachments shall
be considered by a Committee or COUnC].l., in accordance with
Section 354, Subsection 93, of The Municipal Act.
2. After consideration, Council may establish an annual fee, such
as may be reasonable for an owner or occupant to pay for the
privilege of encroachment on municipal property.
3. Upon payment of the first annual fee, Council may pass the
appropriate by-law in respect of the encroachment and this
shall remain in effect until the Town of Newcastle or the
Property owner or occupant has requested a repeal of, or amendment
to, the by-law such notice or request shall be given at least
60 days (sixty) prior to any year's end .