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HomeMy WebLinkAbout2014-PPW-061 Road Construction at Time of Subdivision or Development COUNTY OF NEWELL - POLICY HANDBOOK POLICY NO: 2014-PPW-061 TITLE: ROAD CONSTRUCTION WITHIN A COUNTY ROAD ALLOWANCE AT TIME OF SUBDIVISION OR DEVELOPMENT ADOPTED: SUPERCEDES NO: n/a August 7, 2014 (C-264/14) TO BE REVIEWED: PAGE NO: 1 of 2 POLICY PURPOSE The purpose of this policy is to ensure that all subdivision and development applications approved in the municipality will include suitable access to the parcel. This policy is applicable to substandard roads and trails that currently exist in County road allowances as well as undeveloped road allowances. A landowner may be required to build or upgrade a road within the County road allowance under the following circumstances: 1.An application to subdivide a parcel of land; 2.An application for a Development Permit (permitted or discretionary); 3.A written request from a landowner that the County take over maintenance of an existing road that is within a County Road allowance but isn’t on the road maintenance list. This policy does not apply to private driveways or trails which are built on private land between the County road allowance and the dwelling. BACKGROUND Under the Municipal Government Act (MGA), the County of Newell is responsible for the direction, control and management of all road allowances within the municipality. This means that all road allowances are under the jurisdiction of the County, whether or not there is a road, trail, pasture or other existing use on them. Where trails or substandard roads presently exist within a County road allowance, road maintenance and snow removal is not provided. Roads maintained by the County are listed on the road maintenance schedule. AUTHORIZATION The Development Authority (MPC) or Development Officers may impose a condition on the subdivision approval that the applicant be required to enter into and comply with a Development Agreement to construct and pay for road to provide access to the subdivision or development. COUNTY OF NEWELL - POLICY HANDBOOK POLICY NO: 2014-PPW-061 TITLE: ROAD CONSTRUCTION WITHIN A COUNTY ROAD ALLOWANCE AT TIME OF SUBDIVISION OR DEVELOPMENT ADOPTED: SUPERCEDES NO: n/a August 7, 2014 (C-264/14) TO BE REVIEWED: PAGE NO: 2 of 2 POLICY 1.At the time a subdivision or development permit application is submitted for approval, the application will be reviewed by County administration to ensure that direct physical access is provided to the parcel from a County road allowance. Direct access is satisfied when the parcel to be subdivided or developed directly abuts a County road allowance, and where the road in the road allowance has been built to County standards. 2.The decision of whether an existing road in a road allowance meets County road standards will be determined by the Municipal Services Department. 3.Where road construction or improvement is deemed necessary, the classification of the road and the construction standard will be determined by the Municipal Services Department. 4.For discretionary development permits and subdivision applications, County administration will indicate the following to MPC: a)where there is an existing road in the road allowance, whether it meets County road standards; b)where the road allowance is undeveloped, whether a new road is required; c)where a new road or improvements to the existing road are required, the classification of road to be constructed. 5.When a new road is required or an existing road must be upgraded, the applicant shall be required, as a condition of approval, to enter into and comply with a Development Agreement for the purposes of road construction. 6.The Development Agreement will be registered by Caveat on the applicant’s title at the applicant’s expense. The Development Agreement will be discharged, at the landowner’s expense, once all requirements of the Agreement and County Policy have been satisfied. 7.The applicant may apply for County reimbursement pertaining to road construction, as per County Policy.