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R.M. of ELLICE - ARCHIE
UNDEVELOPED ROAD
ALLOWANCE POLICY
1 | P a g e
Approved by Resolution #178-20 (July 2020)
PURPOSE:
The purpose of this policy is to outline the conditions of the Undeveloped Road Allowance Policy as
adopted by the RM of Ellice - Archie. The terms of this Policy are for "Undeveloped Road Allowances" for
which the Municipality has the direction, control and management under The Municipal Act, and as
defined within this Policy.
DEFINITIONS:
1. Municipal Road - for the purpose of this Policy, is defined as land that has been opened under
The Municipal Act, or any other Act, as a road for public use. A Municipal Road includes a road
allowance, street, lane, thoroughfare, walkway, bridge, underpass and also includes a
Undeveloped Road Allowance as shown in the Dominion Government Survey.
2. Undeveloped Road Allowance - for the purpose of this Policy, is defined as a Road Allowance
which has not been established as a public Municipal Road by a by-law of Council, or otherwise
assumed for public use by the Rural Municipality of Ellice - Archie.
PROCEDURE:
1. The Municipality may from time to time receive a request from a ratepayer, for the private use of
a specific Undeveloped Road Allowance located within the boundaries of the RM of Ellice -
Archie.
2. The Municipality may from time to time receive a request from a ratepayer, to make alterations
or improvements to an Undeveloped Road Allowance located within the boundaries of the RM of
Ellice - Archie.
3. Once submitted by a ratepayer, all request received by the Municipality will be forwarded to the
next scheduled regular meeting of Council for consideration, and a decision to be made by
Resolution of Council.
4. All approved alterations or improvement made by the Permittee, must be completed to a
standard acceptable to the Municipality. The Municipality's Public Works Foreman must be
notified of the Ratepayer's intention to begin any/all alterations or improvements, 48 hours prior
to the commencement of the same.
5. Concerning all approved alterations or improvements to the property, the Permittee must ensure
that all reasonable steps are taken to arrange for safe workplace procedures as legislated by the
Province, under the Workplace Safety & Health Act, for the duration of the works to be
completed.
6. No debris for the alteration or improvement of an Undeveloped Road Allowance can be left
onsite - this includes all brush and trees which must be disposed of offsite, or burned during
appropriate times and in compliance with the Municipality's Burning By-Law.
R.M. of ELLICE - ARCHIE
UNDEVELOPED ROAD
ALLOWANCE POLICY
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Approved by Resolution #178-20 (July 2020)
7. In the event that damage occurs to the Undeveloped Road Allowance, during the alteration or
improvement permitted by Council, all costs to restore the Undeveloped Road Allowance to a
condition deemed similar and equal in nature to what existed prior to the commencement of the
permitted alteration or improvement of the same, are to be that of the Permittee.
8. The Municipality retains the right of access of the Undeveloped Road Allowance for the purpose
of inspecting and/or maintaining the Undeveloped Road Allowance at any time, as the Owner of
the Undeveloped Road Allowance as outline in The Municipal Act.
9. Should the RM of Ellice - Archie feel that at any time it is in the best interest of the Municipality
to develop an Undeveloped Road Allowance for the purpose it deems necessary, they retain the
right to terminate the Permit by giving the Permittee six (6) months' notice, or less if mutually
agreeable.
POLICY:
The RM of Ellice - Archie understands that all Municipal Roads are owned by Her Majesty the Queen and
are dedicated to the public for public use and access. Municipalities must therefore ensure that the
public's right to use a Municipal Undeveloped Road Allowance is not interfered with, to any substantial
extent. The RM of Ellice - Archie believes that the granting/permitting of any permission to use, or
occupy a Municipal Road, including an Undeveloped Road Allowance, cannot be limited or indefinite.
The RM of Ellice - Archie recognizes that The Municipal Act gives municipalities wide-ranging authority
over Municipal Roads within their jurisdictions. This authority includes the direction, control and
management of all Municipal Roads and Undeveloped Road Allowances within their boundaries and
requires them to maintain these Roads. The Municipal Act also gives municipalities the power to grant
certain rights to private individuals.
The RM of Ellice - Archie recognizes that all stakeholders' interests must be balanced, thereby taking the
right of the public, as well as the nature of the Municipal Undeveloped Road Allowance, into account.
PERMITTED PRIVATE USE OF UNDEVELOPED ROAD ALLOWANCES:
The Municipality may from time to time be approached by ratepayers, to request to have the private use
of adjacent Undeveloped Road Allowance(s) for cultivated crops, to be fenced for pasturing livestock,
haying, bee farming, access to oil leases, and for other private purposes to be undertaken within the
boundary of the RM of Ellice - Archie.
The RM of Ellice - Archie recognizes the following:
1. The more a Municipal Undeveloped Road Allowance is developed and used by the public, the
more limited in nature of rights the Municipality can grant/permit. The less a Municipal
R.M. of ELLICE - ARCHIE
UNDEVELOPED ROAD
ALLOWANCE POLICY
3 | P a g e
Approved by Resolution #178-20 (July 2020)
Undeveloped Road Allowance is developed, the greater the nature of the rights the Municipality
can grant/permit.
2. Each request for private use on an Undeveloped Road Allowance will depend on its own
circumstances, and be considered independently of others in order to consider the following:
a. The right of the public to access the Road;
b. The nature of the actual current use of the Road;
c. The requirement of other members of the public to access the Road; and
d. The specific proposed private use as outlined in the Municipality's Permit for Private Use
of Undeveloped Road Allowance Application Form (Schedule A of this Policy)
3. All permitted private use of Undeveloped Road Allowances, are to be subject to termination of
the Municipality if it decides permission should no longer be provided, including the possible
future development of the Undeveloped Road Allowance, by the Municipality.
4. The permitted use of an Undeveloped Road Allowance as outlined in this Policy, does not at any
point and for any reason create an interest in the land, and is only granting permission to use the
Undeveloped Road Allowance on certain limited terms.
5. Any private use of an Undeveloped Road Allowance must be approved by Resolution of Council,
prior to the commencement of the same use, without exception.
PERMITTED IMPROVEMENTS OR ALTERATIONS TO UNDEVELOPED ROAD ALLOWANCES:
The Municipality may from time to time be approached by ratepayers, to make improvements or
alterations to Undeveloped Road Allowances located within the boundaries of the RM of Ellice - Archie.
The RM of Ellice - Archie recognizes the following:
1. The more a Municipal Undeveloped Road Allowance is developed and used by the public, the
more limited in nature of rights the Municipality can grant/permit. The less a Municipal
Undeveloped Road Allowance is developed, the greater the nature of the rights the Municipality
can grant/permit.
2. Each request for individuals to undertake to make improvements or alterations to Undeveloped
Road Allowances will depend on its own circumstances, and be considered independently of
others in order to consider the following:
a. The specific proposed alteration or improvement, as outlined in the Municipality's Permit
for Alterations or Improvements of an Undeveloped Road Allowance Application Form
(Schedule B of this Policy);
b. The long term effect of the alteration or improvement once complete, and the ability for
the public to continue to access the Road; and
R.M. of ELLICE - ARCHIE
UNDEVELOPED ROAD
ALLOWANCE POLICY
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Approved by Resolution #178-20 (July 2020)
c. Any potential negative effect of the alteration or improvement, regarding drainage of
adjacent properties.
3. All permitted improvements or alterations to be undertaken by individual ratepayers on
Undeveloped Road Allowances, granted by the Municipality, are permitted for one time only, and
not to be considered as granting ongoing permission for the same.
4. The Permitted alteration or improvement to an Undeveloped Road Allowance as outlined in this
Policy, only grants permission under certain limited terms. All costs for the proposed alterations
or improvements are to be at the expense of the Permittee, unless determined otherwise, by
Resolution of Council.
5. In an instance where the legal determination of the location of the Undeveloped Road Allowance
is deemed necessary for the alteration or improvement to be completed, it remains the
responsibility of the Permittee to obtain a legal surveyor to determine the same, with all costs
incurred to be beared by the Permittee, and not the Municipality.
6. Any alteration or improvement made to an Undeveloped Road Allowance must be approved by
Resolution of Council, prior to the commencement of the works, without exception.
GRANDFATHER CLAUSE:
The RM of Ellice - Archie recognizes that several Undeveloped Road Allowances located within the
boundaries of the Municipality, are currently being used by private individuals for reasons as outline in
this Policy, and that many Undeveloped Road Allowances have been altered by ratepayers prior to the
passing of this Policy.
The Municipality therefore will allow for the "grandfathering" of all such situations, with no exceptions to
the process to be extended past the date of the passing of this Policy.
Grandfathering will no longer exist with the change in ownership of adjacent property, or the change of
use of all Undeveloped Road Allowances. At that time, the new Policy and Procedures will apply to the
relevant Undeveloped Road Allowances, in its entirety.
Grandfathering will also not exist, in the situation where the works completed do not fit the criteria of
this Policy, and where Council would therefore not have approved the works completed in any case. This
will be considered non-compliant and unapproved development, and may result in legal action being
pursued by the Municipality.
R.M. of ELLICE - ARCHIE
UNDEVELOPED ROAD
ALLOWANCE POLICY
5 | P a g e
Approved by Resolution #178-20 (July 2020)
ADJACENT LAND OWNER CONFLICTS / DISPUTES:
Should unresolved conflicts exist between adjacent landowners who may both benefit from the private
use of Undeveloped Road Allowances, the RM of Ellice - Archie reserves the right to terminate the private
use of Undeveloped Road Allowances by both parties, effective immediately and without notice of
termination.
INDEMNIFICATION OF THE MUNICIPALITY FOR ALL CLAIMS:
The Permittee indemnifies and saves harmless the RM of Ellice - Archie, its officers and employees, for
any claim made against it as a result of the private use of the road, or for any alteration or improvement
completed by the Permittee.
NON-COMPLIANCE
Non-compliance of this Policy will not be accepted, and may result in legal action being pursued by the
Municipality.
R.M. of ELLICE - ARCHIE
UNDEVELOPED ROAD
ALLOWANCE POLICY
6 | P a g e
Approved by Resolution #178-20 (July 2020)
PERMIT FOR PRIVATE USE OF UNDEVELOPED ROAD ALLOWANCE
SCHEDULE A
Applicant:
Permit #:
Applicant Mailing Address:
Landowner (if different from applicant):
Legal Location requested:
(Include shown on map attached)
The Applicant applies to Council for a Permit for Private Use of the Undeveloped Road Allowance for the following
purposes (check all that apply):
o
Fencing for the purpose of pasturing livestock
o
Cultivated crop land
o
Haying
o
Bee farming
o
Oil production access purposes
o
Other (describe):
The Applicant agrees that they shall not use the Undeveloped Road Allowance for purposes which are unlawful or in
contravention of Municipal, Provincial or Federal legislation.
The Applicant agrees that they shall be responsible for operating and maintaining the Undeveloped Road Allowance at
their expense, and to remove any fencing or other obstructions on the Undeveloped Road Allowance, upon the
termination of this Permit.
The Applicant agrees to Indemnify and save harmless the RM of Ellice - Archie, its officers and employees, for any claims
for loss, damages or injury arising out of the Applicant's use of the Undeveloped Road Allowance.
The term of this Permit shall commence from the date of the approving Resolution of Council, for a one-year period, and
shall automatically renew for consecutive annual terms until terminated by either party.
The RM of Ellice - Archie has the right to terminate the Permit by providing the Permittee six (6) months notice, or less if
mutually agreeable. The RM of Ellice - Archie may terminate the Permit without notice by Resolution of Council, if the
Permittee acts outside of the Municipality's Undeveloped Road Allowance Policy, which the RM of Ellice - Archie reserves
the right to alter from time to time.
The Permittee agrees they have no rights or claim to the Undeveloped Road Allowance, now or at some point in the
future.
By the affixing of signatures below, the Applicant (known as the Permittee upon Approval of Council), agrees to all above
terms of the Permit, as of the date signatures are executed.
Applicant/Permittee
Reeve
Landowner (if different from Applicant)
Landowner (if different from Applicant)
Resolution #
Date Approved
Chief Administrative Officer
With Conditions ...... YES ...... NO
R.M. of ELLICE - ARCHIE
UNDEVELOPED ROAD
ALLOWANCE POLICY
7 | P a g e
Approved by Resolution #178-20 (July 2020)
PERMIT FOR ALTERATIONS OR IMPROVEMENTS OF UNDEVELOPED ROAD ALLOWANCE
SCHEDULE B
Applicant:
Permit #:
Applicant Mailing Address:
Landowner (if different from applicant):
Legal Location requested:
(Include shown on map attached)
The Applicant applies to Council for a Permit for Alterations or Improvements of the Undeveloped Road Allowance for the
following purposes (check all that apply):
o
Tree trimming
o
Tree removal
o
Brushing or pushing bush
o
Levelling
o
Removal of stumps, stones, and other forms of debris
o
Other (describe):
The Applicant agrees that they shall not alter or improve the Undeveloped Road Allowance for purposes which are
unlawful or in contravention of Municipal, Provincial or Federal legislation.
The Applicant agrees that they shall be responsible for all costs associated with the alterations or improvements of the
Undeveloped Road Allowance, and that the permitting of these alterations or improvements does not make the
Municipality responsible for a future obligation to repair or maintain the same alterations or improvements, to an extent
beyond it's prior condition.
The Applicant agrees to Indemnify and save harmless the RM of Ellice - Archie, its officers and employees, for any claims
for loss, damages or injury arising out of the Applicant's alteration or improvements of the Undeveloped Road Allowance.
The term of this Permit shall commence from the date of the approving Resolution of Council, for a one-year period, and
shall approve the work on a one-time only basis. Extensions to complete the permitted alterations or improvements past
the one-year period, may or may not be granted by Resolution of Council.
The RM of Ellice - Archie has the right to terminate the Permit without notice by Resolution of Council, if the Permittee
acts outside of the Municipality's Undeveloped Road Allowance Policy, which the RM of Ellice - Archie reserves the right to
alter from time to time.
The Permittee agrees they have no rights or claim to the Undeveloped Road Allowance, now or at some point in the
future.
By the affixing of signatures below, the Applicant (known as the Permittee upon Approval of Council), agrees to all above
terms of the Permit, as of the date signatures are executed.
Applicant/Permittee
Reeve
Landowner (if different from Applicant)
Landowner (if different from Applicant)
Resolution #
Date Approved
Chief Administrative Officer
With Conditions ...... YES ...... NO
R.M. of ELLICE - ARCHIE
UNDEVELOPED ROAD
ALLOWANCE POLICY
8 | P a g e
Approved by Resolution #178-20 (July 2020)
R.M. of ELLICE - ARCHIE
UNDEVELOPED ROAD
ALLOWANCE POLICY
9 | P a g e
Approved by Resolution #178-20 (July 2020)