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POLICY NUMBER - 46
Page 1 of 3
Policy Subject / Title - Takeover of Private Roads
____________________________________________________________
DEFINITIONS:
46.01 In this policy the following definitions apply:
a)
"Owner" (of property) means any person, corporation or estate assessed
as an owner of the property referred to;
b)
"Private road" means any road which is not a public street;
c)
"Public street" means any street or road owned and maintained by the
Region of Queens Municipality;
d)
"Qualified applicant(s)" means an owner or owners having threshold
ownership or a person who can prove to be authorized to act on behalf of
an owner;
e)
"Threshold ownership" means evidence of support of sixty percent (60%)
of the owners of land fronting on or abutting the area of land proposed to
become a public street; and evidence that the frontages of the lands
owned by those owners represent at least sixty percent (60%) of the
frontages that will be created when and if the area of land becomes a
public street.
STATUTORY RESTRICTION:
46.02 There are serious responsibilities, including maintenance costs and potential
liabilities, which accompany ownership of any public street. For that reason, the
Nova Scotia legislature has seen fit to protect the Region of Queens from having
an area of land, which is being used as a road, deeded to it without its
permission - see Section 308(3) of the Municipal Government Act.
INTENT:
46.03 For reasons of public safety and cost-effectiveness of taxpayers' dollars, the
Region of Queens attempts to maintain minimum standards and design criteria in
all of its public streets. In order for Council to consider the takeover of a private
road, thereby converting it to a public street, certain minimum design criteria
must be met.
POLICY:
46.04 It shall be the policy of the Region of Queens that, pursuant to the provisions of
Section 308(3) of the Municipal Government Act, the Council of the Region of
Queens Municipality shall, by formal motion in each case, accept ownership of
any private road which meets the minimum design criteria as outlined in the
Municipal Services specifications Manual of the Region of Queens - as long as
the process and fees outlined in this policy are complied with.
POLICY NUMBER - 46
Page 2 of 3
Policy Subject / Title - Takeover of Private Roads
____________________________________________________________
INTERNAL PROCESS:
46.05 Before considering a motion to accept an area of land as a public street, the
Mayor and members of the Council of the Region of Queens shall have a review
- a minimum of seven (7) days in advance of the meeting at which the item will
be debated - a report from the Engineering Department of the Region of Queens
indicating whether or not the land in the subject application meets the minimum
design criteria as outlined in the Municipal Services Specifications Manual of the
Region of Queens and making a recommendation for acceptance or rejection of
the proposal.
46.06 After reviewing an application and accompanying plans, the Engineering
Department of the Region of Queens shall inform the applicants, in writing,
whether or not, in the Department's opinion, the area of land proposed to be
deeded to the Region meets the minimum design criteria as outlined in the
Municipal Services Specifications Manual. If the Department's opinion is that the
area does not meet those criteria, reasons will be provided in that same letter.
APPLICATION PROCESS:
46.07 An application in one of the forms specified in the Schedules attached to this
policy must be completed and signed by a qualified applicant(s).
a)
Meets design criteria:
(i).
In case of a private road which the qualified applicant(s) feel meets
the required design criteria, a Schedule "A" application is to be
utilized and must be accompanied by:
bore hole test results accompanied by a full report certified by a
Professional Engineer authorized to practice in Nova Scotia;
ten (10) copies of a survey plan of the existing private road, and
showing-in addition to all the minimum requirements of the Nova
Scotia Surveyors Act and regulations made thereunder - full
boundaries of all properties abutting (or to a minimum depth of
200 feet from the edge of the existing private road ) and include
the following existing field conditions: buildings, any large trees,
wells, septic tank & fields, natural watercourses and primary
services, if any.
ten (10) copies of the topographical plan showing the existing
field elevations at a suitable contour scale as well as spot
elevations of any basements, foundations, streams beds or pipe
inverts.
POLICY NUMBER - 46
Page 3 of 3
Policy Subject / Title - Takeover of Private Roads
____________________________________________________________
ten (10) copies of an engineering plan and profile drawing
showing existing and proposed grades, drainage arrangements
to provide adequately for all anticipate stormwater flows - as
well as road geometry information sufficient for Region of
Queens Engineering staff to assess whether or not the land
meets the required minimum design criteria.
all plans referenced above to be certified by a Professional Land
Surveyor authorized to practice in Nova Scotia.
b)
Upgrading Required:
In case of a private road which must be brought up to the required design
criteria, a Schedule "B" application is to be utilized and must be
accompanied by Petition Sheets - in the form attached as Petition pages
of Schedule "B" - completed and signed by each of the owners
constituting the qualified applicant(s).
FEES:
46.08 The owners shall be responsible to pay, before the application is to be complete,
a fee equivalent to that for approval of plan of subdivision as outlined in the
FEES FOR PLANNING SERVICEPOLICY of the Region of Queens.
Approved by Council:
SCHEDULE "A"
APPLICATIONS FOR TAKEOVER OF PRIVATE ROAD
Dated this day of ,200 .
Requested by Owners:
We, the undersigned owners of lands abutting what is now a private road, do hereby
requested that the Council of the Region of Queens Municipality accept the said private
road - now known as:
as a public street or highway of the Region of Queens Municipality.
Location:
The above noted private road is located in:
ٱ
the former Municipality of Queens
ٱ
the former Town of Liverpool
That location is more specifically described below, in relation to the Public Highway or
Public Street to which it connects and the approximate distance and direction of that
place of connection from the nearest intersection of two (2) Public Highways or Public
Streets.
LIST OF OWNERS
Name:
Address:
Postal Code:
Phone:
Name:
Address:
Postal Code:
Phone:
Name:
Address:
Postal Code:
Phone:
Name:
Address:
Postal Code:
Phone:
Name:
Address:
Postal Code:
Phone:
Name:
Address:
Postal Code:
Phone:
Name:
Address:
Postal Code:
Phone:
Name:
Address:
Postal Code:
Phone:
Name:
Address:
Postal Code:
Phone:
Name:
Address:
Postal Code:
Phone:
Name:
Address:
Postal Code:
Phone:
Name:
Address:
Postal Code:
Phone:
Name:
Address:
Postal Code:
Phone:
Name:
Address:
Postal Code:
Phone:
SCHEDULE "B"
APPLICATION FOR UPGRADING AND THEN
TAKEOVER OF PRIVATE ROAD
Dated this
day of
, 200 .
Requested by Owners:
We, the petitioning owners of lands abutting what is now a private road, do hereby
request that the Council of the Region of Queens Municipality upgrade, levy an area
rate in order to recover the costs, and then accept ownership of the said private road -
now known as
as a public street or highway of the Region of Queens Municipality.
Location:
The above noted private road is located in:
ٱ
the former Municipality of Queens
ٱ
the former Town of Liverpool
That location is more specifically described below, in relation to the Public Highway or
Public Street to which it connects and the approximate distance and direction of that
place of connection from the nearest intersection of two (2) Public Highways or Public
Streets.
Area Rate:
We hereby petition the Region of Queens Municipality to carry out all works required to
upgrade the said Private Roads such that it meets the Design Criteria as outlined in the
Municipal Services Specifications Manual of the Region of Queens Municipality and to
charge back the cost of said upgrade to all persons owning lands abutting the said
Private Road.
Convert to Public Street or Highway:
We further request that the Region of Queens Municipality thereafter accept the said
Private Road as a Public Street or Highway of the Region of Queens Municipality.
SEE THE PETITION SHEET ATTACHED
Schedule "B"
PETITION - FOR UPGRADING OF PRIVATE ROAD
To the Council of the Region of Queens Municipality:
Regarding a private road, or portion thereof, known as
________________________________________________________ and located in
the area of the Region of Queens know as
_____________________________________________________________ and more
specifically referenced by the following description:
______________________________________________________________________
I respectfully request that the Council of the Region of Queens Municipality carry out
upgrading of the private road, or portion thereof, referenced above to the point that the
said private road, or portion, meets the minimum design criteria for a public street per
the Municipal Services Specifications Manual of the Region of Queens.
I also request that the costs of such upgrading be charged back to owners of all lands
that abut the proposed public street - by way of an area rate. Such area rate to be
calculated based on the preferred choice of the undersigned owners as indicated below.
PETITIONING PROPERTY OWNER
NAME: (printed)
ADDRESS:
Choose One: ٱ
an equal charge to each abutting property
ٱ
per dollar of assessed value of each property
ٱ
a flat rate per each abutting property containing a residence
Signature:
___________________________________________________________