NCC COVENANTS

Fact Sheet:

Island Park Drive NCC Covenants

Updated: January 15, 2016

I.   Street Basics

  • Island Park Drive [and the Ottawa River Parkway] is a “federally owned road”.  This is in contrast to:
    • “arterial roads” – Richmond Road, Scott Street, Churchill Avenue between Scott and Richmond, and Woodroffe Avenue, and
    • “local roads” – Picaddily, Mayfair, etc.
  • What makes our experience unique on Island Park Drive is that the street is owned by the federal government and the properties alongside the street are subject to Covenants which govern the orientation and look of the properties. Authority for both street ownership and character rests with the National Capital Commission (NCC).

II.   NCC Covenants

  1. Full Name
    • Restrictive covenants on Island Park Drive (IPD)

 

  1. What do they refer to?
    • The private properties along IPD

 

  1. Who do they apply to?
    • The NCC (previously the Ottawa Improvement Commission) and the private property owners (via standalone instruments between NCC and the original developer, as well as in the individual transfer documents for the adjoining owners).

 

  1. What does this mean?
    • Private properties along IPD are subject to restrictive covenants in favour of the NCC registered on title to the properties.

 

  1. When do the restrictions expire?
    • December 21, 2020

 

  1. What are the restrictions?

 

Private Properties:

  • Lots shall be sold for residential purposes only.
  • No more than one detached residence is to be erected on each lot.
  • Each residence must cost at least $6,500 (1920 value, approx.. $78,313 today).

1 4) No building, fence or other structure to be placed within 25’ from the line of the lot abutting IPD.

  • No building to be constructed without approval by the NCC of the plans of the exterior of the building.
  • NCC may enter on the lands and remove, at owner’s expense, any structure for which such approval has not been granted.
  • Buildings are to conform with existing buildings on IPD.
  • The lot owners will not permit, so far as within their power, business traffic to or from their properties along the IPD. (The lane at the back of the lots must be used instead.)
  • Lot owners shall ensure that water and gas mains, sewers, and other pipes servicing the houses, as well as poles for electric and telephone wires, are to be placed at the rear of the lots. (There’s an exception if the property owner satisfies the NCC of the impracticability.)
  • Ten foot gateways connecting the IPD and the lane at the back may be constructed on the lots.

 

NCC:

  • The NCC is to maintain the IPD in good order as a public street, with sidewalks.
  • Commercial traffic is to be prohibited (except temporarily, by special application to the NCC).

 

  1. What are the consequences of the covenants expiring?
    • If the covenants expire without any replacement (NCC or City) lot owners would not have to abide by the restrictions (see #6 above).
    • Following December 22, 2020, lot owners would be able to build anything on their land, without the consent of the NCC, including buildings that are not in conformity with existing buildings and structures that are within 25’ of the IPD.
    • Properties would be able to be used for purposes other than residential, subject to any applicable municipal by-laws.