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HomeMy WebLinkAboutEGD-26-04 ~ . ClNi.n REPORT ENGINEERING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE \0:{ Date: April 19, 2004 Report #: EGD-26-04 File#: ~.pP/Jd(/o<f By-law #: Subject: LAURIE & ELIZA HACHEY - APPLICATION TO OPEN AND ASSUME A PORTION OF LONG SAULT ROAD RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-26-04 be received; 2. THAT the Director of Engineering Services initiate the appropriate actions to respond to the application made by Laurie & Eliza Hachey to have the Municipality of Clarington open, assume and maintain the portion of Long Sault Road 2545 metres north of Regional Road 20 to approximately 2715 metres north of Regional Road 20. These road improvements would be from the entrance to the Preservation Sanctuary Club, ending 170 metres north, (see Attachment No.1); 3. THAT if Council decides to open, assume and maintain Long Sault Road from the entrance of the Preservation Sanctuary Camp Club, north 170 metres, Laurie & Eliza Hachey will be responsible for all costs associated with the request; including the design and construction of that portion of the road to municipal standards and in accordance with the Municipality's standard servicing agreement, legal, survey, advertising and administrative costs. 4. THAT the application submitted by Laurie & Eliza Hachey be referred back to staff for further processing and the preparation of a subsequent report which will be presented to Council after Engineering Services has; received comments from internal and external stakeholders, the required registered reference plan of survey, payment for all of the estimated costs to the Municipality and receipt of all signed documents and agreements as are deemed necessary by our Municipal Lawyer. 758 REPORT NO.: EGD-26-G4 Page - 2 - 5. THAT Mr. & Mrs. L. Hachey be notified of Council's decision. ~ Submitted by: Anthony Cannella Director of Engineering Services ASC*jb ()0J2-5~ Reviewed by: Franklin Wu Chief Administrative Officer 759 REPORT NO.: EGD-26-04 Page - 3 - 1.0 BACKGROUND 1.1 In 1997 the Preservation Sanctuary Camp Club approached Council for approval to improve Long Sault Road from 1045m north of Regional Road 20 to 400m south of the St. Lawrence and Hudson Railway, being the entrance to the Preservation Sanctuary Camp Club. Furthermore a request was made to Council that this portion of the road be opened and assumed for year round maintenance by the Municipality of Clarington once the improvements were completed to the satisfaction of the Director of Engineering Services. On May 4, 1998, Mr. Laurie Hachey informally approached Members of Council to express his desire to have the extension of the road approved further north to provide legal access to his personal property. At the time it was felt that unnecessary delays would result if Mr. Hachey's request were considered in conjunction with the application made by the Preservation Sanctuary Camp Club. Mr. Hachey advised that he did not wish for his request to delay the approval of the existing application and agreed instead to apply separately at a later date. Mr. & Mrs. Hachey subsequently made a decision to build a house on the subject property but in order to qualify for a building permit they were first required to obtain 100 feet of frontage onto an open, maintained road. On November 11, 2003 Mr. & Mrs. Hachey made formal application to have the Municipality open and assume the road and submitted the required application fee. 2.0 APPLICATION PROCESS 2.1 The purpose of this report is to initiate the application process. Applicants who formally request that the Municipality of Clarington consider a road opening must participate in a two-stage application process. The first phase is the ''feasibility phase" which allows the municipality to collect comments from inside and outside agencies to determine whether the application warrants further consideration and to provide the applicant with an estimate of costs for the design and construction to Municipal standards for the extension of the proposed road. 760 REPORT NO.: EGD-26-G4 Page - 4 - If the proposed road opening is deemed "feasible" the application will proceed to the second "road opening" phase which includes the preparation of cost estimates and the initiation of a public process. If each phase is successful Council will be presented with a second report which asks that a by-law be passed giving approval to open and assume the road. 3.0 COMMENTS 3.1 Status of Lona Sault Road As can be seen from Attachment No.1, Long Sault Road from Regional Road 20, north approximately 2545 metres is an open maintained road. From approximately 2545 metres north of Regional Road 20 to the Boundary Road, Long Sault Road is an unopened, unimproved road which receives a standard of maintenance consistent with a summer maintained road. Generally, this means that the road is graded twice annually and, if necessary, gravel may be added. The Operations Department does not provide winter maintenance beyond the point 2545 metres north of Regional Road 20. 3.2 Condition of Lona Sault Road The improved portion of Long Sault Road is surface treated. The unimproved portions of the road consist of a sandy soil material which appears suitable for the construction of a road pavement structure. 4.0 ROAD OPENING REQUIREMENTS 4.1 Municioal Reauirements The applicants will be required to submit a registered reference plan of survey for the subject road allowance at their expense. This must be filed with the Municipality within one year from the date of the motion approving the application. The applicants will also 761 REPORT NO.: EGD-26-o4 Page - 5 - be required to submit payment for all of the estimated costs involved in this application to the Municipality for legal fees, advertising fees and other administrative costs. Payment for these costs will not be refundable even if Council does not pass the by-law to open and assume the subject section of road. 4.2 Construction Costs and Municipal Standards Staff from the Engineering Services Department will prepare an up-to-date, detailed cost estimate showing complete costs involved in constructing the said road to municipal standards. A copy of this cost estimate will be provided to the applicants who will be required to sign all documents and agreements necessary before construction can commence. Construction of the subject portion of road must be completed entirely at the expense of the applicants. Payment for the cost of constructing the road must be submitted prior to the passing of the by-law to open the road. If Council does not approve the by-law to open the said road, the costs associated with construction only will be refundable. 4.3 Public Process - LeQal Requirements Under the Municipal Act To change the status of the road to an improved road it is necessary to circulate the application to all abutting property owners and to advertise this proposal in the local newspaper. If no objections are received either prior to or at the advertised Public Meeting the Director of Engineering Services will seek Council approval to proceed in the passing of a by-law to open and assume the road. 762 REPORT NO.: EGD-26-04 Page - 6 - 5.0 CONCLUSION Once all of the conditions of this application have been met and provided that there are no hindrances in opening the road a subsequent report will be prepared to provide all relevant details necessary for Council to consider granting approval for the passing of an appropriate by-law to open and assume the said portion of Long Sault Road. Following the passing of the by-law the'Director of Engineering Services will commence the construction of the subject section of Long Sault Road at the expense of the applicant. Attachment 1 - Key Map Attachment 2 - Road Opening Application from Laurie & Eliza Hachey Attachment 3 - Correspondence from Jenny Bilenduke to Laurie and Eliza Hachey 763 a. 0. L~~ MUNICIPALITY OF CLARINGTON ENGINEERING SERVICES APPLICATION FOR ROAD OPENING FOROFFICEUSE ONLY Date of Receipt No~er(\.b.t- \ I, '2.(1)3 File Number Applicatiou Fee Submitted :$ ~~ 0 . (JO Receipt I <6 ., ~ Road Opening Process Fee Submitted Receipt TillS FORM IS TO BE COMPLETED IN FULL BY THE REGISTERED OWNER OF THE LAND THAT IS THE SUBJECT OF THE APPLICATION OR BY A PERSON AUTHORIZED TO ACT ON THE REGISTERED OWNER'S BEHALF. PLEASE PRINT Name of Applicant Li4111i' {,,- ~ EJ.. '''-#I fll!:l C (-'€ ;;: Mailing Address N /2C, ..I....vr;:- 6tW~7 12.01 Ell),!) I 5;('1-7 L P ~ Postal Code hO/3 (:J~ . Telephone Number (H) 'f /)< ::J?;3 :zo'1lS- (B) (F) i c!.rZJ'1- Name of Owner . bull!.'~ 4A.C/'/6-Y Mailiug Nddress { d /llf;i.C, i-c'\J(1. S';<1k-7' R Postal Code ~13 f;)f"J Telephone Number (H) C}05 "'{,~~o{l S,- (B) (F) DESCRIPTIONOFROADTOBEOPENED ~~ jI, ~ ;);;}~;;.::::= ,'/1- ~ 'j'~~ ~ ~f'~1-wlATJ.y 170 :111. The subject road allowance is located immediately of my property, , (SW, S, SE, E, NE, N, NW, W) Address or property roll number affected by this request Attachment 2 - Road Opening Application 7 6 t from Laurie & Eliza Hachey J ?-~7U rO--tL I L;:::uJ R,{b- CL. I ZA (Full Name in Bloc apitals) ff JClc... H € Y hereby certify that I am the registered owner. I Da~ ~~60 ~ I Council Approved - Resolution # ~ -- ~ 765 ~n Attachment 3 - Correspondence from Jenny Silenduke to Laurie and Eliza Hachey December 10, 2003 Mr. & Mrs. Laurie Hachey 10126 Long Sault Road Enniskillen, Ontario LOB lJO Dear Mr. & Mrs. Hachey: I would like to acknowledge having received your recent application with respect to the extension and opening of a portion of Long Sault Road from the Preservation Sanctuary Club entrance, north to the proposed entrance to your property. As you are aware application for this extension and opening has been approached on several occasions both formally and informally and it is therefore necessary to clarify where we stand on this issue at this time. As indicated in our correspondence sent to you by Mrs. Janet O'Neill on June 7, 2002, the Engineering Department was, at that time, willing to submit a report to Council to obtain approval in principle that will allow us to proceed with your application for a road extension and opening. Now after having received your formal application and application fee we are ready to proceed in preparing this preliminary report to Council. When we are ready to go forward with this initial report you will be notified and provided wit&.iH;opy no less than one week prior to the meeting. If your application receives Council approval in principle we will proceed to the next steps which include: . Requesting that you submit a registered reference plan of survey for the subject road allowance. This must be filed with the Municipality within one year from the date of the motion approving the application or the motion will be considered null and void and a new application will be required; . The circulation of your proposal to all internal stakeholders, external agencies, authorities and abutting property owners. This proposal must also be advertised in the newspaper for four consecutive weeks prior to Council granting approval to proceed to open the road and commencement of construction. If concerns are raised we will notify you before a second report is taken to Council; . A more recent, detailed cost estimate will be prepared by the Engineering Services Department showing complete costs involved in constructing the road to cmrent municipal standards. A copy of this cost estimate will be provided to you. 766 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L1C 3A6 T(905) 623-3379 - Page 2- Road Opening Application - Mr. & Mrs. L. Hachey When all of these requirements have been met and assuming that there are no hindrances in opening the road, you will be required to sign all contracts and agreements necessary to open, construct and have the Municipality of Clarington assume the road, as prepared by our Municipal lawyer. It will also be necessary for you to submit payment for all of the estimated costs to the Municipality for legal fees, advertising fees and other-non- refundable related costs. Payment for the cost of constructing the said road to Municipal standards must then be submitted but will be refundable if Council does not approve the by-law to open the said road. Once all contracts have been signed and payment has been received I will submit a second written report to Council with my recommendations. You will be provided with a copy of this report at least one week prior to the meeting. Upon receiving Council's approval of the road opening by-law and assuming that all requirements are met, I will tender the contract and begin construction. After this I will give Council a fina1 report, for information only, to obtain approval of the construction before maintenance ofthe road is turned over to the Operations Department. The road opening process must be complete up to the point of having received Council's approval of the by-law within a period not exceeding one year from the date of initial submission of this application. If the process is delayed by you beyond this date this application will be considered null and void and a new application will need to be submitted. Should you have any further questions or require additional information please do not hesitaie_to contact me directly. 'W~ Anthony S. Cannella, C.E.T. Director of Engineering Services ASC/jb ~ 767 ~ ---------------------1 I Cla"ngton-Sougog Boonda,>, Road I --r~: -5---l1 4 3 I II C'~'~'_=cl I I I I I I 1- __ I I I i , -0 ell o n:: >., ..c e- :J :2: I 1 ' ---I ---11-- 'I I PresefVation , Sanctuary Unopelled ~oad AllolJI{ance -0 ell o n:: I I - -- I I I I~~- -~ _~Clarington-Sc~gog Boundary Road ," -... . I~-ol I I \ 'J J,~ · -=:-- I ~1 -,,--' ...../- - - - - I · -, <l! i- ~='f-I- ~ , ',;/1 I I -- I:!:: 11 "U, Ie; I 'l :~?~; : II' - '~- -I~ : II }- l.i ~ 'ii j -- I ] ,!; 0 :J CD , ,- ,~- Regional Road 20u~ -' ::;: 0 I , I: :: :J ell (/) OJ C 0--- ....J I I -----l I IV W~e S DRAWN BY: E.L. DATE: MAR. 23, 2004 , , , 1--,\ L-J 'I I r II L~_I, I KEY MAP l REPORT EGD-26-04 ATTACHMENT NO.1 '" 768