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HomeMy WebLinkAboutClose a Road Allowance Application COUNTY OF NEWELL - POLICY HANDBOOK POLICY NO: 2016-PPW-022 TITLE: ROAD ALLOWANCE CLOSURE PROCESS ADOPTED: September 22, 2016 (C-305/16) SUPERCEDES NO: 2015-PPW-022 TO BE REVIEWED: PAGE NO: 1 of 6 POLICY PURPOSE: Under the Municipal Government Act (MGA), the title to all roads in a municipality is vested in the Crown in the right of Alberta. In turn, the County has the jurisdiction to direct, control, and manage all roads in the municipality. This means that the use of any County road and/or road allowance, for any purpose, is under the jurisdiction of the County, whether a physical road has been built in the road allowance or not. The use of any road allowance in the County of Newell is subject to the requirements of this Policy and the MGA. The purpose of this policy is to establish guidelines to process requests for the closure and lease of road allowances. Legislative authority is in Sections 22 and 24 of the Municipal Government Act. GENERAL STATEMENTS: 1. This policy applies to applications for the closure of road plans and road allowances not required for public use and not adversely affecting adjacent landowners or general public access. 2. Processing and administration of an application will be in accordance with procedures and provisions contained within this Policy and the MGA. 3. The disposal of a road plan or road allowance is subject to encumbrances and restrictions under the Act or any other Provincial Statute or Regulation and to any right granted by the County to any person for the use of the road allowance to be closed. 4. Under special circumstances, Council may approve an application for road closure and purchase. Requests for closure and purchase of a road allowance must include a written statement of reasons for the request. POLICY GUIDELINES: 1. The length of road allowance to be closed shall be as follows: i. At minimum, the length of 1(one) quarter section of land, or ½ mile (0.8 km), approximately 4 acres (1.6 ha) or; ii. From property line to property line (e.g. for parcels within a subdivision or Hamlet) COUNTY OF NEWELL - POLICY HANDBOOK POLICY NO: 2016-PPW-022 TITLE: ROAD ALLOWANCE CLOSURE PROCESS ADOPTED: September 22, 2016 (C-305/16) SUPERCEDES NO: 2015-PPW-022 TO BE REVIEWED: PAGE NO: 2 of 6 iii. Closure of partial lengths of road allowance will be discouraged without compelling reasons for doing so. Any variation from these requirements must be approved by Council. 2. Lease rates and length of term for the lease will be as provided in the Schedule of Fees bylaw. 3. Once the closure is finalized, County Issued “Road Closed” signs shall be installed by the Applicant at the point where the developed road ends and the closed portion begins. CLOSURE PROCEDURES 1. A request to close all or any portion of a road allowance shall be submitted on the County “Application to Close a Road Allowance” form. 2. The application must include a sketch of the road allowance proposed for closure, the location of the pivot or other feature(s) that will impact the road allowance, and a statement of the reason(s) for the closure request. 3. The application will be reviewed by staff and a report with recommendations will be presented to Council for review and consideration. 4. For an application to close and lease the road allowance, Council may, by resolution, choose one of the following: i. refuse the application for closure and lease, or; ii. allow the application for closure and lease to proceed. 5. For an application to close and purchase the road allowance, Council may, by resolution, choose one of the following: i. refuse the application for closure and purchase, or; ii. allow the application for closure and purchase to proceed or; iii. allow the application to proceed as a closure and lease, rather than purchase. 6. If Council refuses the road closure request, it will proceed no further. The applicant will be notified with reasons for the decision. A decision of Council may not be appealed. 7. If Council approves the road closure application to proceed, the applicant must submit the applicable fee, as set out by the Fees Bylaw, before the application will proceed further. COUNTY OF NEWELL - POLICY HANDBOOK POLICY NO: 2016-PPW-022 TITLE: ROAD ALLOWANCE CLOSURE PROCESS ADOPTED: September 22, 2016 (C-305/16) SUPERCEDES NO: 2015-PPW-022 TO BE REVIEWED: PAGE NO: 3 of 6 8. Prior to Public Hearing, the following notifications are required (as per the MGA): i. Advertise the road closure bylaw for 2 (two) consecutive weeks in the local newspaper(s); and ii. Advertise the road closure bylaw on the County website from the time approval to proceed was provided, up to the Public Hearing date; and iii. Notify landowners adjacent to the proposed road closure; and iv. Notify utility companies, required referrals, and any companies with an interest on the title. 9. Public Hearing and First Reading for the Road Closure Bylaw may occur at the same Council meeting. 10. If, after the Public Hearing, the Bylaw receives First Reading, the signed Bylaw will be forwarded to Alberta Transportation for review and endorsement. 11. Upon approval from Alberta Transportation, the Bylaw will be presented to Council for Second and Third Reading. Lease 1. After 3rd Reading of the Closure and Lease Bylaw, the lease agreement will be prepared. Upon payment of the lease fees specified in the Schedule of Fees Bylaw, the lease agreement will be finalized with the applicant. 2. Road allowance lease agreements shall be for a 10-year term, unless otherwise directed by Council. 3. For new leases, fees covering the first term must be paid in advance of the execution of the lease agreement. 4. To ensure that the existence of these temporary and cancellable lease agreements are known to subsequent purchasers of the adjacent lands, the County will register the lease agreements against the title of the land in question. Purchase 1. For a closure and purchase request, the report to Council will include a market value provided by the County assessor at the time of the request. The applicant may request consideration of an alternate market value based on a formal appraisal that has been prepared by an accredited appraiser, at the applicant’s expense. COUNTY OF NEWELL - POLICY HANDBOOK POLICY NO: 2016-PPW-022 TITLE: ROAD ALLOWANCE CLOSURE PROCESS ADOPTED: September 22, 2016 (C-305/16) SUPERCEDES NO: 2015-PPW-022 TO BE REVIEWED: PAGE NO: 4 of 6 2. After 3rd Reading of the Closure and Purchase Bylaw, a transfer agreement will be prepared and finalized with the applicant. 3. A road allowance that is closed and purchased must be consolidated with the applicant’s adjacent parcel in a manner such that the resulting Certificate of Title cannot be subdivided without the approval of the Subdivision Authority. 4. The transfer agreement will be forwarded to the applicant’s surveyor for registration of the consolidation plan with Land Titles. This will occur only after the applicant has satisfied all transfer conditions, including paying to purchase the land. CANCELLATION PROCEDURES 1. A lease agreement may be cancelled subject to providing at least three months written notice by the applicant, the County of Newell, or the Minister of Alberta Transportation, as the case may require. 2. If the County issues notice to cancel the lease during any given term, a pro-rated refund of the applicant’s prepaid lease fee will be issued. RENEWAL PROCEDURES 1. Subsequent 10-year terms will be automatically renewed until cancelled in accordance with the Cancellation Procedures section above. 2. Fees for renewal periods will be invoiced on a lump sum basis at the beginning of the applicable term. 3. Annual lease rates applied to renewal periods will be those in effect at the time of renewal. 4. Lease fees charged for renewal periods that remain unpaid 90 days after issuance of the invoice will be transferred to the property tax account for the benefitting property and recovered in the same manner. County of Newell 183037 RR 145, Box 130 Brooks, AB T1R 1B2 (403) 362-3266 THIS PERSONAL INFORMATION IS BEING COLLECTED UNDER THE AUTHORITY OF LAND USE BYLAW 1755-12 AND THE MUNICIPAL GOVERNMENT ACT AND WILL BE USED FOR THE COUNTY’S DEVELOPMENT PLANNING DECISIONS AND IS PROTECTED BY THE PRIVACY PROVISIONS OF THE FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (FOIP). BY PROVIDING THIS INFORMATION, YOU ARE DEEMED TO CONSENT TO ITS PUBLIC RELEASE. INFORMATION YOU PROVIDE WILL ONLY BE USED FOR PURPOSES RELATED TO THE EVALUATION AND CONSIDERATION OF THE DEVELOPMENT APPLICATION. QUESTIONS ABOUT INFORMATION CAN BE DIRECTED TO THE FOIPPA COORDINATOR AT THE COUNTY OF NEWELL OFFICE. REVISED OCTOBER 2016 APPLICATION TO CLOSE A ROAD ALLOWANCE GENERAL INFORMATION: o Requirements for closing a road allowance for purchase or lease are outlined under Sections 22 and 24 of the Municipal Government Act (MGA) o After approval to proceed has been granted by Council and prior to First Reading of the Bylaw, the applicable fees must be submitted to the County in order for the application to proceed any further. o Purchase: under the MGA, a municipality is required to sell land at market value. The current market value for the road allowance to be closed and purchased will be provided by the County assessor. o Lease fees are established under the County’s Schedule of Fees Bylaw. Variation from the lease rate will require Council approval. o The fee for the first term of the lease must be paid at the time the agreement is signed by the applicant, and before the agreement will be signed by the County. o Subsequent 10 year terms will be automatically renewed until cancelled by either party. If renewal fees remain outstanding for more than 60 days, the balance owing will be transferred to the property tax account of the benefitting property. Annual lease rates applied to renewal periods will be those in effect at the time of renewal. Fees for renewal will be invoiced at the beginning of the new term. o Lease agreements will be registered against the title of the adjacent land to which they apply. o The lease may be cancelled by the County or the Minister of Transportation after giving 3 months’ written notice to the lessee. A COMPLETED ROAD CLOSURE APPLICATION MUST INCLUDE THE FOLLOWING: (Use the checklist to ensure you have the following completed) Road Closure Application form, filled out completely Site plan, including the area of road allowance proposed for closure Certificate of Title showing ownership of lands adjacent to the road allowance requested for closure Location of pivot(s) or other structure(s) or feature(s) that will impact the road allowance Reasons for the request to lease or purchase Signature of the applicant CONTACT INFORMATION APPLICANT(S): _________________________________________________________________________ PHONE NUMBER(S) HOME: 403 _____________ CELL: 403__________ MAILING ADDRESS:______________________________________________________________________ TOWN/CITY: _______________________________________ PROV.: _________ POSTAL CODE: _________________ EMAIL ADDRESS (OPTIONAL): ___________________________________ County of Newell 183037 RR 145, Box 130 Brooks, AB T1R 1B2 (403) 362-3266 THIS PERSONAL INFORMATION IS BEING COLLECTED UNDER THE AUTHORITY OF LAND USE BYLAW 1755-12 AND THE MUNICIPAL GOVERNMENT ACT AND WILL BE USED FOR THE COUNTY’S DEVELOPMENT PLANNING DECISIONS AND IS PROTECTED BY THE PRIVACY PROVISIONS OF THE FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT (FOIP). BY PROVIDING THIS INFORMATION, YOU ARE DEEMED TO CONSENT TO ITS PUBLIC RELEASE. INFORMATION YOU PROVIDE WILL ONLY BE USED FOR PURPOSES RELATED TO THE EVALUATION AND CONSIDERATION OF THE DEVELOPMENT APPLICATION. QUESTIONS ABOUT INFORMATION CAN BE DIRECTED TO THE FOIPPA COORDINATOR AT THE COUNTY OF NEWELL OFFICE. REVISED OCTOBER 2016 APPLICANT: ______________________________________________________________________________ (PLEASE PRINT) 1. PURPOSE OF PROPOSED ROAD ALLOWANCE CLOSURE: Lease Purchase 2. LEGAL LAND DESCRIPTION OF ROAD ALLOWANCE CLOSURE REQUEST: BETWEEN: (FILL IN AS MANY AS ARE APPLICABLE) NE NW SE SW ¼ SECTION ____ TOWNSHIP ____ RANGE ____ W4M AND NE NW SE SW ¼ SECTION ____ TOWNSHIP ____ RANGE ____ W4M AND NE NW SE SW ¼ SECTION ____ TOWNSHIP ____ RANGE ____ W4M AND NE NW SE SW ¼ SECTION ____ TOWNSHIP ____ RANGE ____ W4M AND 3. TOTAL LENGTH OF ROAD ALLOWANCE TO BE CLOSED: _________ MILES _________ KILOMETRES 4. ZONING (LAND ADJACENT TO ROAD ALLOWANCE): _________________________________ 5. OWNERSHIP OF LAND ADJACENT TO ROAD ALLOWANCE: ____________________________________________________________________________________ 6. REASONS FOR CLOSURE REQUEST: _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _______________________________________ ________________________________ SIGNATURE DATE FOR OFFICE USE ONLY Date Received: ______________ Receipt No.: _______________________ Fees Submitted: _____________ (application) _____________ (cancellation) Total: _____________ Market Value: _____________ Date of Assessment: _____________