Limited Service Agreements - FAQ's
What is a Limited Service Agreement?
There are numerous private or unassumed roads within the jurisdiction of the City of Kawartha Lakes, private or unassumed roads are not fully maintained by the municipality. A Limited Service Agreement is an Agreement that applies to a private or unassumed road. The Agreement outlines the limited service that the municipality will provide with regard to the maintenance of the private or unassumed road.
How Do I Apply for a Limited Service Agreement?
An Application for a Limited Service Agreement is available at all municipal Service Centers as well as on the City’s website at www.city.kawarthalakes.on.ca. The completed Application can be returned to your area Service Center, it will then be forwarded to the appropriate staff member for review and processing.
What Requirements Must be Satisfied?
There are certain requirements that must be satisfied before an Application for a Limited Service Agreement can be processed.
The road involved must meet the following minimum standards:
- Width of road – the road must have a minimum width of 4 metres;
- Depth of base – there must be a base that is sufficient to grade (minimum of 5 cm.);
- Brushing – 5 metres overhead;
- Turn-around – there must be an adequate turn-around, the turn-around can be private with written permission from the private landowner (to the satisfaction of Area Roads Manager/Supervisor);
- All culverts, etc. must be structurally sound;
The majority of the residents along the private or unassumed road must be in agreement and willing to become a party to the Agreement. It will be necessary for one landowner to act as a primary contact on behalf of the landowners involved. The City will correspond with the primary contact with regard to the Application and any future dealings with regard to the Agreement. Should the primary contact change it will be the responsibility of the landowners involved to advise the City, the City will not update their contact information until notified.
Is the Road Inspected?
Once an Application has been submitted the Area Roads Manager or Supervisor will arrange an inspection with the primary contact. During that inspection the Area Roads Manager/Supervisor will identify any deficiencies to be rectified before the Application can be approved.
What Happens Once the Deficiencies have been Addressed?
Once you have addressed the deficiencies that were identified during the initial inspection you must notify the Area Manager. The Area Roads Manager/Supervisor will then arrange a second inspection to confirm that the deficiencies have been satisfied.
If all deficiencies have been satisfied the Area Roads Manager/Supervisor will advise staff and the Limited Service Agreement will be initiated.
If there are still deficiencies outstanding the Area Roads Manager/Supervisor will advise staff accordingly, the Application will not be approved until all deficiencies have been satisfied.
Will We Need Legal Representation?
If an Application is approved by staff the City Solicitor will provide the primary contact with the Limited Service Agreement for signing by the landowners involved.
The City is not in a position to provide a legal interpretation of the Agreement. A solicitor would be able to provide a legal interpretation of the document and you may wish to obtain the services of a solicitor in that regard. Any costs associated with your legal representation in connection to the Agreement will be your responsibility.
Who Do We Contact Regarding the Condition of the Road?
If, following the completion of the Agreement, an issue arises concerning the condition of the road it will be appropriate for you to contact the Area Roads Manager/Supervisor.
The City Solicitor will deal with the implementation of the Limited Service Agreement and will not be able to assist with any roads related issues.
How do I contact the Land Management Department?
The City Solicitor should only be contacted in relation to the administration of the documentation. Any correspondence relating to the administration of the documentation can be sent to the attention of the City Solicitor at:
The Corporation of the City of Kawartha Lakes
Attention: Robyn Carlson, City Solicitor
26 Francis Street
P. O. Box 9000
LINDSAY, ONTARIO. K9V 5R8
Telephone Robyn Carlson at 705-324-9411 ext. 1298
Or (Toll Free) at 1-888-822-2225
Facsimile to: 705-324-9377
Email to: email@example.com
As is noted above, any inquiries relating to the condition of a road should be directed to the Roads Department.