Rural Approach Policy

Rural Municipality of Ellice – Archie, Manitoba

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R.M. of ELLICE - ARCHIE RURAL APPROACH POLICY 1 | P a g e Approved by Resolution #234-21 (October 2021) PURPOSE: The purpose of this policy is to ensure that all rural approach applications are dealt with in a timely, consistent and impartial manner, while at the same time maintain public safety and the integrity of our road system. PROCEDURE: 1. Ratepayers wishing to install / have installed a new approach, or to widen an existing approach must fill out a Rural Approach Application Form (Schedule A of this policy). 2. All Applications will be reviewed by the Public Works Foreman who will do an on-site inspection of the site identified in the relevant application to determine if the application fits the criteria of the Rural Approach Policy. If safety hazards exist that should prohibit the approval of a new rural approach at the requested site, comments will be provided to council along with the Rural Approach Application Form. 3. Applications that fit all conditions of the Rural Approach Policy will be processed by the C.A.O. and be presented to the Council for approval. 4. Applications that do not fit the criteria of this Policy will follow the Non-Conforming Rural Approach Applications process, outlined in this Policy. POLICY: PART 1: Residential Approach Applications 1. The Rural Municipality of Ellice - Archie will permit one (1) approach for each residential yard site, at Municipal expense, under the following conditions: a) Applicant has filed a complete Rural Approach Application Form (Schedule A of this policy), including a detailed site map; b) No other approach exists to the residential property; c) Approach is on an existing municipal road. 2. Should all above conditions (a-c) be met, Council will install the approach and culvert (if deemed necessary) at no cost to the property owner, to the following Municipal standard: a) Culvert size to exceed 450 mm (18 inches) only in the case where a Manitoba Water Stewardship License requires the increased size; R.M. of ELLICE - ARCHIE RURAL APPROACH POLICY 2 | P a g e Approved by Resolution #234-21 (October 2021) b) Approach to be a minimum of 5 m (16 feet) from any and all above ground utilities, including but not limited to Manitoba Hydro infrastructure, MTS pedestals, and water system infrastructure, etc; c) Approach to be a minimum of 45.72 m (150 feet) from any intersection; d) Clay materials must be approved by the Public Works Foreman and/or Councillor for the construction of the approach; e) Municipality will supply and apply road gravel at the time of construction; f) Approved Water Stewardship License must be obtained by the Municipality prior to onset of the installation. 3. Following the completion of the initial construction of all residential approaches, the ongoing maintenance will be the sole responsibility of the residence/property owner. The Municipality does, however, reserve the right to complete maintenance upgrades to any and all approaches in the Municipality, at Municipal expense. PART 2: Agricultural and Commercial Approach Applications 1. The Rural Municipality of Ellice - Archie will permit one (1) approach required for agricultural purposes on each side of the ¼ section which borders a Municipal road allowance, at Municipal expense, under the same conditions and following the same standards as the Residential Approach. 2. Municipality will be responsible for the ongoing maintenance of all agricultural and commercial approaches that are approved under the Rural Approach Policy. All ongoing maintenance will be done in a manner acceptable to the Municipality, as approved by the Public Works Foreman. PART 3: Oil Industry Approach Applications 1. The Rural Municipality of Ellice - Archie will permit a maximum of four (4) approaches each to be a minimum of 200 meters apart, required for oil activity purposes on each side of the ¼ section which borders a Municipal road allowance, with all costs associated to be at the Applicant's expense, under the following conditions: a) Applicant has filed a completed Rural Approach Application Form (Schedule A of this policy), including a detailed site map, and has indicated that an approach is necessary; b) Approach is on an existing municipal road. R.M. of ELLICE - ARCHIE RURAL APPROACH POLICY 3 | P a g e Approved by Resolution #234-21 (October 2021) 2. Should all above conditions (a-b) be met, the Applicant must install the approach and culvert, to the following Municipal standard: a) Approach to be a minimum of 5 m (16 feet) from any and all above ground utilities, including but not limited to Manitoba Hydro infrastructure, MTS pedestals, and water system infrastructure, etc; b) Approach to be a minimum of 45.72 m (150 feet) from any intersection; c) Applicant to be responsible for application of all clearances from utilities including but not limited to Manitoba Hydro, MTS, Gas, etc. prior to work commencing. Copies of any required clearances shall be requested to be forwarded to the Municipal Office. d) Water Stewardship License must be obtained by the Municipality prior to onset of the installation. e) Following the completion of the initial construction of Oil Industry Approaches, the ongoing maintenance will be the sole responsibility of the Applicant. f) The installation of a rural approach for the purpose of oil production is to be considered temporary in nature. g) Following the abandonment of an oil producing well, all assets of the organization are to be removed from the site at the organization's expense, and this too will include any/all approaches for the property. h) Should the owner of the property wish to retain the existing temporary approach, then a new Rural Approach Application Form - (Schedule A of this Policy) must be completed requesting the reclassification of a temporary Oil Industry Approach to a permanent Agricultural Rural Approach, and the process completed as per existing policy. PART 4: Non-Conforming Rural Approach Applications 1. In the instance that a Rural Approach Application does not met the criteria set out in the Policy, the Application will be considered by Council, and may be approved only in the following manner: a) Approval of such a non-conforming application may only be authorized by Resolution of Council. b) The Applicant must enter into an agreement with the Municipality to install and maintain the approach to the Municipality's standard, as to be outlined in the same agreement. R.M. of ELLICE - ARCHIE RURAL APPROACH POLICY 4 | P a g e Approved by Resolution #234-21 (October 2021) PART 5: Other Matters 1. In the instance where an approach is to be used for a dual purpose i.e. for property that is to be used for both residential and agricultural / commercial purposes, the Municipality will be responsible for the construction of the approach to that of the highest standard. 2. Approaches constructed before receiving Municipal approval, may be ordered removed from the site and all costs incurred for the removal will be at the property owner's expense. 3. New construction of approaches which intersect Provincial Roads must have Provincial Approval (Highway Traffic Board) and the property owner will be subject to regulations and costs as set by the Province of Manitoba. 4. All Rural Approaches currently in existence as of the day of this policy being adopted by council, shall be considered grandfathered in nature. R.M. of ELLICE - ARCHIE RURAL APPROACH POLICY 5 | P a g e Approved by Resolution #234-21 (October 2021) RURAL APPROACH APPLICATION FORM SCHEDULE A 1. Please fill out this table: Date: Name of Property Owner: Legal Land Description: Property Owner Mailing Address: Phone: Email: Name of Applicant: Company: Applicant Mailing Address: Phone: Email: 2. Approach Purpose: RESIDENTIAL AGRICULTURAL COMMERCIAL Please state why an approach is required: Does your approach fall into the specifications outlined under the RM of Ellice - Archie Rural Approach Policy? YES NO If not, please list your additional requirements: 3. Proposed Plan: Please include a plan, map / sketch of your property on the back of this application. Show all existing approaches and proposed additions. Include any existing features of the land in the immediate vicinity including buildings, roads, water features (rivers, streams, marshes, low areas, etc). (Please do not forget your North Arrow!) I will observe and perform all provisions of The Planning Act, The Development Act, the applicable Zoning By-Laws and the provisions of other relevant laws, by-laws or agreements. Landowner Signature: Date: MUNICIPAL OFFICE USE ONLY Application Received by: Date: APPROVALS: Council: Resolution #: Water Stewardship License: Licence # Culvert Supplied: NO YES Diameter / Length / Material: GPS Coordinates: R.M. of ELLICE - ARCHIE RURAL APPROACH POLICY 6 | P a g e Approved by Resolution #234-21 (October 2021) RURAL APPROACH APPLICATION FORM SCHEDULE A (con't) SKETCH AREA: Show all existing approaches and proposed additions. Include any existing features of the land in the immediate vicinity including buildings, roads, water features (rivers, streams, marshes, low areas, etc). Please do not forget your North Arrow! FIELD INSPECTION COMMENTS (PUBLIC WORKS FOREMAN):