Utilization of Unopened Road Allowance

The Municipality will consider requests to utilize unopened road allowances on a case by case basis and will have regard to the intended use and purpose of the request. Such a request may or may not be approved at the discretion of the Municipality. While the public has the right to use unopened road allowances for travel and transportation in their natural state, any improvements to them must be approved by Council.

Any person requesting the right to make improvements to any unopened roada llowance must complete the below Application form.

The application will be reviewed and evaluated by the Public Works Department. Staff will then provide a recommendation to Council as to whether the Application should be approved or not. In considering the request, Staff will have regard for the intended purpose or use of the unopened road allowance. 

If approval is recommended, any or all of the following conditions may be imposed. Other conditions could also be required. 

1. Requirement for the applicant to conduct a legal survey to determine the boundaries of the road allowance.
2. Notification to adjoining landowners and various agencies and authorities. 
3. Requirement for the applicant to indemnify the Municipality from any claims, damages, costs or losses arising out of the use of the road allowance by the applicant.
4. Restrictions on the method of removal of any trees, road construction, clearing width, removal and disposal of stumps and other debris, consideration of any drainage or environmental issues.
5. Requirement for the applicant to provide liability insurance.
6. Time restrictions on use.
7. Requirement for restoration after use (e.g. planting of trees).
8. Determination as to whether the proposed use or project is subject to the provisions of the Environmental Assessment Act, R.S.O. 1990.
9. Posting of signage to indicate that the road is not assumed by the Municipality and persons using it do so at their own risk.
10. Requirement for a bond or letter of credit to ensure proper completion of any work required by the Municipality.

Upon receipt of the recommendation, Council will express their decision by resolution. A formal agreement granting approval and outlining the conditions of approval will then be prepared.

The personal information collected on this form is collected under the authority of the Municipal Act and will be used by the Municipality of Northern Bruce Peninsula for the purpose of responding to your application. Questions regarding the collection of personal information should be addressed to the Municipal Clerk at 56 Lindsay Road 5, Lion's Head, ON  N0H 1W0 or by telephone at (519) 793-3522 ext. 236.