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STREET AND ALLEY CLOSING POLICY
CR 130/2006
That the following policy for street and alley closings and conveyances BE
ESTABLISHED:
a) all applications for closure be accompanied by an application fee of $800.00
(subject to annual review). The fee comprises $300.00 to cover the administrative
costs to process the application to utility companies and civic departments for
comments; preparation of report for consideration by the Street and Alley Technical
Advisory Committee and recommendation to City Council; and
$500.00 being the fee for advertising Council's intent to enact the by-law to close
and providing direct notification to abutting and affected property owners;
b) in the event the application is denied by Council or withdrawn by the applicant prior
to the advertising of Council's intent to enact the by-law to close the street or alley,
the applicant be eligible for a refund of $600.00 of the $800.00 application fee in
order to allow the City to recover a portion of its administrative costs;
c) the
Street
and
Alley
Technical
Advisory
Committee,
(being
an
administrative/operational committee), shall forward its recommendation to City
Council for consideration, detailing any special conditions under which the lands
will be conveyed by the municipality, and the portion(s) of the lands to be offered
for sale;
d) all personal notices to be sent by regular first class mail to owners and occupants
of property abutting and/or affected by the closure and, in addition, the Ward
Councillors. The notice shall provide the dates for the meeting of the Street and
Alley Technical Advisory Committee and the City Council meeting. In addition to
the personal notice a separate notice shall also be placed in the local newspaper
advertising Council's intention to pass the by-law once a week for 3 consecutive
weeks;
e) the following criteria shall be applied to determine the conveyance of the closed
rights-of-way;
i)
purchase price of closed alley lands shall be set at market value except those
alley and walkway lands adjacent to residential areas zoned RD1, RD2 or
DRD11 in By-law 8600 and R.1, R.2 and PD.1 in By-law 3072 which shall
be conveyed for $1.00;
ii)
street allowances to be offered for sale at market value as building lots
where possible, regardless of zoning;
iii)
where the addition of the portion of an alley or street to be acquired would
enable the purchaser to create a severable building lot, the lands to be
offered for sale shall be set at market value;
iv)
any relocation or removal of sewer, water and gas mains, telephone and
hydro lines to be at the total expense of the affected property owner(s).
Close lands to be offered for sale in "as is" condition;
v)
if at least 75% of abutting property owners agree to the closure of the alley,
the City will assume responsibility for preparation of Reference Plan by an
Ontario Land Surveyor showing the limits of the right-of-way to be closed
and the manner in which it will be divided between the abutting owners.
The full cost of preparation of the Reference Plan and the cost associated
for the preparation of a deed and the subsequent registration shall be paid
by the purchaser(s) in advance of the adopting of the by-law to close.
Alternatively, abutting owners may choose to engage the services of an
Ontario Land Surveyor to prepare the Reference Plan and Legal Counsel to
prepare deeds for their individual portions of the closed alley. However, the
Reference Plan must be prepared satisfactory to the City Solicitor and all
costs associated with the preparation of the Plan and deeds shall be paid for
by the purchasers in advance of the adopting of the By-law to close;
vi)
conveyances shall be subject to easements as required by the City, Public
Utilities and other service providers;
vii)
conveyance price of street and alley allowances where the portion of the
right-of-way within a site that is currently zoned institutional and already
has an existing school building to be offered to the School Board that owns
the property at $1.00 plus deed preparation and proportionate share of the
survey cost provided there is the continued use as a school site.
f)
the City shall reserve its interest in the subterranean tube under any closed right-
of-way under which the Windsor-Detroit Tunnel is located, and title to the same
shall be retained by the City;
and further, that applications currently under review BE PROCESSED under the former
policies and, further, that Council Resolutions 285/91, 1113/92, 564/94 and 968/98 which
established the policy for the closure of streets, alleys and walkways BE RESCINDED
and further, that the policy BE IMPLEMENTED effective May 5, 2003.