3628-2023 Private Road Grants
BEING A BY-LAW AWARDING PRIVATE ROAD GRANTS FOR THE TOWNSHIP OF AUGUSTA
Passed by Council September 11, 2023
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3628-2023
BEING A BY-LAW AWARDING PRIVATE ROAD GRANTS FOR THE TOWNSHIP OF
AUGUSTA
WHEREAS Section 5 of the Act provides that a municipality’s power shall be exercised
by By-Law;
AND WHEREAS Council wishes to establish a policy to Award Private Road Grants,
NOW THEREFORE the Council of the Corporation of the Township of Augusta enacts
as follows:
1. THAT Council adopts the Awarding of Private Road Grants Policy.
2. THAT Schedule A attached hereto shall form part of this By-Law.
THAT the Private Roads Grant Policy Dated August 24, 2015 is hereby repealed.
THAT all other By-Laws inconsistent herewith are hereby repealed.
THAT this By-Law shall come into force and effect on the date of passing.
Read a first, second, and third time and finally passed this 11th day of September,
2023.
Signed by Mayor Jeff Shaver and Clerk Annette Simonian
POLICY: Awarding of Private Road Grants
BY-LAW #: 3628-2023
DATE ISSUED: September 11, 2023
1. PURPOSE
This Policy describes the Township of Augusta Private Road Grant criteria and
procedures for applying for and receiving a Private Road Grant (“Grant”).
2. SCOPE
This Policy applies to all private roads located within the Township of Augusta except
such private roads which comprise the common elements in any plan of condominium
not deemed “public” or subdivision.
3. DEFINITIONS
Association: A formal group, the membership of which is limited to owners of property
who benefit from a right of way over the land upon which the private road is located.
Council: The Council for the Corporation of the Township of Augusta.
Public Works Manager: The Public Works Manager of the Township of Augusta or any
successor to that position and in that person’s, absence includes the acting Public
Works Manager.
Municipality: The Corporation of the Township of Augusta.
Owners: With respect to a property, the person appearing to be its owner by the last
returned assessment roll as most recently revised in the absence of evidence to the
contrary.
Private Road: Any road that is not a public highway as defined in the Municipal Act,
2001, and which private road exists by virtue of the existence of a right of way benefiting
more than one legal conveyable parcel of land.
Private Road Grant or Grant: Shall mean a grant of financial assistance by the
Municipality pursuant to Section 107 of the Municipal Act, 2001, as amended, for the
purpose of assisting the owners of land, which land is only accessible by private roads,
with the cost of maintaining such private road.
Staff: Any employee of the Township of Augusta.
Treasurer: The Treasurer of the Corporation of the Township of Augusta or any
successor to that position and in that person’s, absence includes the acting of Deputy
Treasurer.
4. GENERAL
a. The private road must be maintained by an Association. Such Association shall
comprise the owners of property that benefit from a registered right of way over
the lands occupied by the private road. The membership of such Association
shall represent at least two-thirds (2/3) of the property owners who benefit from
such right of way.
b. Application for a Private Road Grant must be submitted and signed by the
authorized representative of the Association.
c. The Grant shall be an annual grant for the past year’s eligible cost which “past
year” is the period from October 1st, the year prior to the current year through to
September 30th of the (current) year in which the application is submitted.
Grant applications must be received by September 30. Grants will be available
to reimburse the Association to assist with the eligible costs of road maintenance
and will be paid in one lump sum.
d. Eligible costs for road maintenance may include snow plowing, road grading, tree
removal and trimming, noxious weed control, gravel, dust control, roadside grass
cutting, road drainage including ditches and catch basins, road reconstruction
and road surfacing.
e. If a private road is being maintained by the Township through agreement of under
authority of a municipal by-law, or if a private road is assumed by the Township by
by-law, costs incurred by an Association following the date of passage of the by
law are not eligible for reimbursement.
f. The Association will be solely responsible to oversee the administration and
supervision of annual work programs and related budget. The Township will have
no responsibility, obligation or exercise any degree of operational control with
respect to maintenance of the affected roads.
g. Grants will be calculated on a per-linear metre basis (one-way) and the amount of
any grant (if any) shall be at the discretion of the Township.
h. Grants are not guaranteed and may be modified or eliminated at any time by
resolution of Council.
i. Council may, from time to time, establish further conditions on the approval of
Grants and such conditions may be general or specific to an application for or
award of a Grant.
5. ELIGIBILITY REQUIREMENTS
a. Only occupied residents fronting on a private road which form an association and
meet at least once per year
b. Eligible roads must have an association membership roll representing at least 2/3
of the resident’s dependent on that road for access to their property.
c. The association must hold at least an Annual General Meeting; appoint officers;
including a president, secretary, and treasurer At least two (2) people must hold
these positions.
d. A bank account in the association’s name must be opened and maintained.
6. SUBMISSION REQUIREMENTS
a. All applications shall be submitted to the Municipal Treasurer who shall have the
responsibility of determining grant eligibility. No Grant shall be awarded unless
the following criteria have been satisfied:
I. A complete Application for Grant has been received by the required
date (September 30th each calendar year).
II. A complete request form to terminate existing private road
maintenance agreement, if applicable, has been received.
III. The Association provides documentation satisfactory to the Township
confirming compliance with of this policy.
IV. Documentation satisfactory to the Township which confirms the
payment of eligible costs which may include copies of invoices and/or
proof of payment.
V. A complete Statement of Revenue and Expenditures for the previous
year.
VI. The Association membership list and slate of officers.
VII. All paid invoices directly related to the private road for the current
application year.
7. PROCESSING PROCEDURE
a Applications must be received by the required date (September 30 each
calendar year).
b. Late submissions will not be considered. In the case of a first application,
Township staff will confirm the length of the road eligible for cost
reimbursement through the use of GIS (Geographic Information System) or
“actual” measurement. The Township determination of the length shall be
final.
c. Each Association’s annual eligible allocation will be recorded. The eligible
costs incurred by the Association shall not exceed the eligible allocation in
each year. Unused funds shall not be carried forward and will not be reserved
for future use.
d. Changes to the application form may occur from time to time.
8. GRANDPARENTING EXISTING AGREEMENTS
a. Any existing private road maintenance agreement that was approved by By
Law remains in full force and effect.
b. If a party to such existing private road maintenance agreement wishes to
terminate that agreement to be eligible to apply for the Grant, they must
submit a request form to Council. Upon the termination of such agreement,
the part shall be required to execute such documentation as required by the
Township to give effect to such termination.
9. POLICYADMINISTRATION AND REVIEW
This policy will be reviewed every four (4) years or as required based on revision
to corporate practices or Provincial legislation.
10. REFERENCES AND RELATED DOCUMENTS
Application for Private Road Grant — See as Appendix “A”
Private Road Maintenance Agreement Termination Request Form — See as
Appendix “B”
Private Road Standard Cross Section Specifications — See as Appendix “C”.
Appendix “B”
Private Road Maintenance Agreement Termination Request Form
To be filled out by Owner of Property (please print)
Owner/Association Name:____________________________________________________
Address: ______________________________________
Postal Code:________________________
Phone:_________________________
Email Address:_______________________________
Application is hereby made to terminate the private road maintenance agreement
between the Corporation of the Township of Augusta and __________________________
Authorized under By-Law number ______________________
By signing below, I understand that my request to terminate the agreement must be
approved by Council and supported through By-Law. I acknowledge that termination of
the private road maintenance agreement will cease all maintenance activities by the
Township of Augusta on the private land’s ads outlined in the Agreement.
Owner Signature Date
Appendix “C”
Private Road Standard Cross Section Specifications
The following dimensions should be adhered to when conducting private road or lane
upgrades.
It is acknowledged that there are existing private roads that do not and will not be able
to achieve this standard. For Capital Improvement projects, the work shall strive to
meet the standards listed below. Any exceptions to this are subject to the approval by
the Manager of Public Works.
*NOTES:
Turn Around — Includes Cul-de-sac and/or existing entrances constructed to suitable
entrance standard for emergency vehicles.
Environmental Permits — It is the responsibility of the Association to assess the need
for, and securement of, environmental approvals prior to commencement of
construction.
Roadside Protection — Required for side slopes greater than 3.1 and depths of fill
greater than 3 m (MTO Roadside Safety Manual)
Definitions:
• CSP: Corrugated Steel Pipe
For inquiries regarding paving (asphalt) contact the Public Works Department at 613-
925-4231.
