What does private road maintenance consist of?
The municipality may make By-laws imposing, fixing and providing methods of enforcement of charges for maintaining private roads, curbs, sidewalks, gutters, bridges, culverts and retaining walls that are associated with private roads where the cost is incurred by the municipality or under an agreement between the municipality and a person.
Establishing a Private Road Maintenance Area Rate
Step 1: Form a Non-Profit Association with the Registry of Joint Stocks.
Step 2: Present petition with the following information to privateroadinfo@halifax.ca
- Catchment area (proposed area that would be subject to the rate)
- nature of the private road being proposed.
- proposed rate amount (uniform charge).
- and signed by two-thirds of the property owners (66.7 per cent).
Step 3: Private Road Agreement with road owner will need to be signed by both parties. If road owner is unknown or cannot be located, see FAQ’s.
Step 4: Hold a public meeting. Each property within the proposed area will receive a ballot letter from the municipality with a proposed date and location for a public meeting. Voting will close seven (7) days after the public meeting.
Step 5: Once Regional Council has approved our private road maintenance area rate, municipal employees will contact the association to sign a private road maintenance rate agreement. This agreement is signed by both the association and Mayor. At this time a $200 administration fee will be collected from the Assocation.
Frequently asked questions
The criteria are set out in the Administrative Order and By-law, but the following drop-down table includes answers to common questions. If you need assistance, please email privateroadinfo@halifax.ca.
- Cannot locate road owner or road owner is unknown?
Where the association has provided a legal title search and a certificate of title respecting ownership of the private road(s), and the treasurer is satisfied that one or more owners cannot be identified for a portion of the private road(s), Council may waive the requirement.
- How is the private road maintenance area rate collected?
The municipality will collect the area rate through the property tax bill. The amount collected will then be distributed back to the non-profit association once approved by Regional Council and annual records are provided.
- Is there fee with the municipality to administer the area rate?
Upon the first disbursement of the area rate to the association, there is a onetime deduction administrative fee of $200.
- What if I own more than one property in the catchment area?
A person who owns more than one property in the proposed area may vote once per property. The owner will also be subject to pay the area rate on each property unless stated otherwise from the association.
- How many properties need to vote in favor for the area rate to pass?
66.7 per cent of properties must vote in favor for the area rate and then Regional Council must vote in favour for the final approval.
| Dates | Description |
|---|---|
| Dates | Description |
| November 15th | Requests for an increase to the Private Road maintenance area rate amount above the currently approved maximum, or for changes to the catchment area to take effect the following fiscal year. |
| January 15th | Last day to increase your rate within your approved maximum, it must be confirmed in writing for the upcoming fiscal year. |
| April 15th | Provide annual required documentation. 1) Itemized budget for upcoming year. 2) A copy of previous year financial statements |
* There are no set deadlines to receive these documents however, you cannot receive your funding until these finalized documents are received.