INFORMATION PERTAINING TO ROAD CLOSINGS

 

One may request to stop up and close an unopened road allowance by the following:

 

1)            Submitting a written request to the Public Works Department stating reasons for request and include a drawing or map of the road allowance in question;

 

2)         This request goes to the Public Works Committee, where the Committee makes a recommendation to Council, to proceed or not proceed with the applicant’s request;

 

3)         A resolution is passed by Council to proceed or not proceed;

 

4)         Once Council has passed a resolution, the applicant is notified of the outcome.  If Council has approved the road closing, the applicant must notify the Public Works Department if they wish to proceed;

 

5)         It is the applicant’s responsibility to hire a Solicitor; their own Counsel or Township Solicitor, John Willson;

 

6)         Once the lawyer has been contacted, the lawyer then proceeds with all that is necessary to stop up and close this road allowance;

 

7)         This process takes time – anywhere from 3 months to 2 years, depending on the details involved;

 

8)         It is the applicant/Solicitor’s responsibility to contact adjacent landowners.  All adjacent landowners have a right to that part of the road allowance which abuts their property;

 

9)         Letters of interest, or letters to waive interest from adjacent landowners must be forwarded to the Public Works Office for file;

 

10)       It is the Solicitor’s responsibility to notify all necessary parties (Bell Canada, Parks Canada, Conservation Authority, Hydro One, Minister of Municipal Affairs, etc.);

 

11)       A notice of stop up and closure of an unopened road allowance must be published in the newspapers in the area for 4 consecutive issues and a laminated copy of the notice must be posted for one month in 6 of the most public places near the road allowance.  Again this is the responsibility of the Solicitor;

 

12)       Surveys are necessary.  Appraisals are necessary;

 

13)       All costs incurred by any road closing are borne by the applicant (ie: legal fees, survey costs, appraisal costs, sale price of land).  Road closings take place at no expense to the Township;

 

14)       Once a road closing has been requested and proceedings have commenced and costs have been incurred, it is the responsibility of the applicant to pay the expenses, whether they proceed with the road closing or cease the procedure;

 

15)       By-Laws are passed by Council for the stopping up and closing of any road allowance.  Prior to the passing of said By-Laws, a Public Meeting is held, where at this time, Council listens to any person who may have an objection to the road closing

 

16)       Prior to the passing of By-Laws and the Public Meeting, all information is forwarded to Township Solicitor, John Willson for review and recommendation.  The costs incurred for this review are the responsibility of the applicant.

 

17)       The procedure to stop up and close an unopened road allowance is a very legal and very detailed matter. 

 

For more information, please contact the Public Works Department

at 1-800-928-2250