Request for No Spraying Form Due by May 18

The County of Lanark has provided a way for you to stop spraying on your road allowance. You must submit an application by May 18, 2017. The county weed control policy is posted here. There is an article about the spray exemptions on Lake88 here.

There are a couple of versions of the exemption form going around. The one linked to the aforementioned Lanark policy page looks the most official. Download that PDF here. Or save and print the images below.

THE PARTIES TO THIS AGREEMENT ARE: The Corporation of the County of Lanark 99 Christie Lake Road, Perth, Ontario K7H 3C6 Phone: (613) 267-1353; Fax: (613) 267-2793 E-Mail: roads@lanarkcounty.ca (“County”) AND: ___________________________________________________________ } Full Name(s) ___________________________________________________________ } Mailing Address ___________________________________________________________ } ___________________________________________________________ } Phone Number ___________________________________________________________ } Email (“Landowner/Occupant”) BACKGROUND: 1. County is the “road authority” under the Public Transportation and Highway Improvement Act, R.S.O. 1990, c. P.50, (“PTHIA”) and is responsible for all weed control on its roads pursuant to the Weed Control Act, R.S.O. 1990, c. W.5 (“WCA”). 2. The term “road” has the same meaning as “highway” pursuant to the PTHIA and includes but not limited to all highways, streets and ditches under the jurisdiction of County (“County Road”). 3. County uses various herbicides as vegetation control measures on County Road. 4. The Parties wish to enter into this No Spray Agreement (“Agreement”) to outline the rights and responsibilities of the Landowner/Occupant in respect to vegetation management on certain parts of County Road. AGREEMENT: The parties to this Agreement, in consideration of the mutual promises, terms, covenants, and conditions contained in this Agreement, agree as follows: 1. County agrees to grant permission to the Landowner/Occupant whose lands abut County Road to provide vegetation management on certain parts of County Road on the terms and conditions contained herein. 2. The Landowner/Occupant shall carry out and be responsible for vegetation control measures in accordance with paragraph 4 herein on that portion of the County Road lying between the edge of the shoulder of the roadway and the boundary line of the Landowner/Occupant property, legally and graphically described as: Civic Address (PIN #): Road Name: Lot: Concession: Geographic Municipality: GPS Coordinates: (to be completed by County) (“Control Area”) ☐ Check this box if Agreement is NOT for the entire property (just at a specific location i.e. garden area) (If you selected this option, attach a diagram indicating where the agreement applies to. Indicate your house or significant landmark to assist County staff to ensure your request is clearly identified.) 3. The Landowner/Occupant hereby certifies to County that he/she is the registered owner of the lands abutting the Control Area or is the occupant of the lands abutting the Control Area and has authority to enter into this Agreement. 4. The Landowner/Occupant agrees to undertake vegetation control measures in the Control Area according to the following standards: (a) All “Noxious Weeds” as per the list of Noxious Weeds in the WCA will be completely destroyed (all parts of the plant); and, (b) Control the spread of all Noxious Weeds as per the list of Noxious Weeds in the WCA for the full season. (“Vegetation Control Measures”) NO SPRAY AGREEMENT 5. The Landowner/Occupant shall carry out their responsibilities, as outlined in paragraphs 2 and 4. (a) above on or before June 19, 2017. In the event County, in its absolute discretion, determines that the Landowner/Occupant has not undertaken adequate Vegetation Control Measures, County shall notify the Landowner/Occupant in writing at the email and/or mailing address provided on page 1 and the Control Area shall return to County’s regular Roadside Vegetation Management Program, which may include roadside spraying. 6. The Landowner/Occupant shall at all times save harmless and indemnify County, its elected officials, officers, employees, agents and assigns from and against all claims, demands, losses, costs, damages, actions, suits or other proceedings by whomsoever made, sustained, brought or prosecuted in any manner resulting from or attributable to any term or provision of this Agreement including but not limited to liability for personal injury, sickness, disease, death, damage to property or loss of any kind and however caused, whether arising out of or allegedly attributable to the negligence, acts, errors, omissions, misfeasance, nonfeasance, fraud or willful misconduct of County, its elected officials, officers, employees, agents, or anyone acting on behalf of the County, or any of them, in connection with or in any way related to this Agreement. MISCELLANEOUS 7. In this Agreement the number and gender shall be construed as the context requires. 8. The headings in this Agreement are for convenience only and do not constitute part of the terms of the Agreement. 9. Time shall be of the essence of this Agreement. 10. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision and any invalid provision will be severable. 11. This Agreement constitutes the entire agreement between the parties and no other warranties are given or implied. 12. This Agreement shall be governed by the laws of the Province of Ontario. 13. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns respectively of each of the Parties hereto. 14. This Agreement shall not be amended or modified in any respect otherwise than in writing and executed by the parties hereto or their respective heirs, administrators, successors or assigns. 15. The parties agree to execute all reasonably necessary documents in order to give effect to the terms and effect of this agreement. 16. The term of this Agreement shall be from the date of signing by County to April 1, 2018. The Agreement may be delivered in person, by email, by fax or mail. Only those Agreements that are signed and dated will be accepted. IN WITNESS WHEREOF the Parties have hereunto affixed their hands and seals. THE CORPORATION OF THE COUNTY OF LANARK Per: * Date: Terry McCann, Director Public Works (I have authority to bind the corporation) * * (seal) Date: Witness Print Name: Occupant/Landowner THE PARTIES TO THIS AGREEMENT ARE: The Corporation of the County of Lanark 99 Christie Lake Road, Perth, Ontario K7H 3C6 Phone: (613) 267-1353; Fax: (613) 267-2793 E-Mail: roads@lanarkcounty.ca (“County”) AND: ___________________________________________________________ } Full Name(s) ___________________________________________________________ } Mailing Address ___________________________________________________________ } ___________________________________________________________ } Phone Number ___________________________________________________________ } Email (“Landowner/Occupant”) BACKGROUND: 1. County is the “road authority” under the Public Transportation and Highway Improvement Act, R.S.O. 1990, c. P.50, (“PTHIA”) and is responsible for all weed control on its roads pursuant to the Weed Control Act, R.S.O. 1990, c. W.5 (“WCA”). 2. The term “road” has the same meaning as “highway” pursuant to the PTHIA and includes but not limited to all highways, streets and ditches under the jurisdiction of County (“County Road”). 3. County uses various herbicides as vegetation control measures on County Road. 4. The Parties wish to enter into this No Spray Agreement (“Agreement”) to outline the rights and responsibilities of the Landowner/Occupant in respect to vegetation management on certain parts of County Road. AGREEMENT: The parties to this Agreement, in consideration of the mutual promises, terms, covenants, and conditions contained in this Agreement, agree as follows: 1. County agrees to grant permission to the Landowner/Occupant whose lands abut County Road to provide vegetation management on certain parts of County Road on the terms and conditions contained herein. 2. The Landowner/Occupant shall carry out and be responsible for vegetation control measures in accordance with paragraph 4 herein on that portion of the County Road lying between the edge of the shoulder of the roadway and the boundary line of the Landowner/Occupant property, legally and graphically described as: Civic Address (PIN #): Road Name: Lot: Concession: Geographic Municipality: GPS Coordinates: (to be completed by County) (“Control Area”) ☐ Check this box if Agreement is NOT for the entire property (just at a specific location i.e. garden area) (If you selected this option, attach a diagram indicating where the agreement applies to. Indicate your house or significant landmark to assist County staff to ensure your request is clearly identified.) 3. The Landowner/Occupant hereby certifies to County that he/she is the registered owner of the lands abutting the Control Area or is the occupant of the lands abutting the Control Area and has authority to enter into this Agreement. 4. The Landowner/Occupant agrees to undertake vegetation control measures in the Control Area according to the following standards: (a) All “Noxious Weeds” as per the list of Noxious Weeds in the WCA will be completely destroyed (all parts of the plant); and, (b) Control the spread of all Noxious Weeds as per the list of Noxious Weeds in the WCA for the full season. (“Vegetation Control Measures”) NO SPRAY AGREEMENT 5. The Landowner/Occupant shall carry out their responsibilities, as outlined in paragraphs 2 and 4. (a) above on or before June 19, 2017. In the event County, in its absolute discretion, determines that the Landowner/Occupant has not undertaken adequate Vegetation Control Measures, County shall notify the Landowner/Occupant in writing at the email and/or mailing address provided on page 1 and the Control Area shall return to County’s regular Roadside Vegetation Management Program, which may include roadside spraying. 6. The Landowner/Occupant shall at all times save harmless and indemnify County, its elected officials, officers, employees, agents and assigns from and against all claims, demands, losses, costs, damages, actions, suits or other proceedings by whomsoever made, sustained, brought or prosecuted in any manner resulting from or attributable to any term or provision of this Agreement including but not limited to liability for personal injury, sickness, disease, death, damage to property or loss of any kind and however caused, whether arising out of or allegedly attributable to the negligence, acts, errors, omissions, misfeasance, nonfeasance, fraud or willful misconduct of County, its elected officials, officers, employees, agents, or anyone acting on behalf of the County, or any of them, in connection with or in any way related to this Agreement. MISCELLANEOUS 7. In this Agreement the number and gender shall be construed as the context requires. 8. The headings in this Agreement are for convenience only and do not constitute part of the terms of the Agreement. 9. Time shall be of the essence of this Agreement. 10. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision and any invalid provision will be severable. 11. This Agreement constitutes the entire agreement between the parties and no other warranties are given or implied. 12. This Agreement shall be governed by the laws of the Province of Ontario. 13. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns respectively of each of the Parties hereto. 14. This Agreement shall not be amended or modified in any respect otherwise than in writing and executed by the parties hereto or their respective heirs, administrators, successors or assigns. 15. The parties agree to execute all reasonably necessary documents in order to give effect to the terms and effect of this agreement. 16. The term of this Agreement shall be from the date of signing by County to April 1, 2018. The Agreement may be delivered in person, by email, by fax or mail. Only those Agreements that are signed and dated will be accepted. IN WITNESS WHEREOF the Parties have hereunto affixed their hands and seals. THE CORPORATION OF THE COUNTY OF LANARK Per: * Date: Terry McCann, Director Public Works (I have authority to bind the corporation) * * (seal) Date: Witness Print Name: Occupant/Landowner