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Cat # 32/711.11 87

Construction, Maintenance, Repair & Replacement of Concrete Structures and Works

Adopted


Res. #87-511

          

Nov. 9/87

 

1. The purpose of this policy shall be to
  a) prescribe standards and specifications for the construction of sidewalk, curb and gutter and other concrete structures
  b) set out the responsibility for costs thereof
  c) prescribe responsibility for maintenance and replacement of concrete works
2. In this policy
  a) "separate walk" shall mean a sidewalk constructed separately from any curb and gutter
  b) "monolithic sidewalk" shall mean a sidewalk built together as an integral unit with curb and gutter
  c) "commercial area" shall mean the area identified as C-1 Commercial in the Land Use Bylaw
  d) "highway commercial area" shall mean the area identified as C-2 Commercial land use district in the Land Use Bylaw
  e) "industrial area" shall mean the area identified as I Industrial Land use district in the Land Use Bylaw
Construction
3. All construction and reconstruction of separate sidewalk, curb, gutter, monolithic sidewalk, curb and gutter and other concrete structures shall be in accordance with the standards and specifications prescribed in Schedule A of this policy.
4. Curb and gutter shall be required on both sides of a street in a residential and commercial area.
5. Curb and gutter may be required on streets serving development in a Highway Commercial area.
6. Except where it is deemed necessary to facilitate surface drainage curb and gutter will not be required on streets located in industrial areas.
7. Sidewalk shall be required on at least one side of residential area streets and where a single sidewalk is proposed it is preferred that the sidewalk be placed on the north and east sides of the street.
8. Monolithic sidewalk curb and gutter shall be installed except where a treed boulevard is to be provided in which case a separate walk may be constructed.
9. Monolithic sidewalk curb and gutter shall be required on any side of a commercial area street adjacent to which commercial development is constructed or proposed to be constructed.
10. Where off street or angle parking precludes the construction of monolithic sidewalk the Town may accept a separate walk construction on the owner's property in lieu thereof.
11. The Town may require any additional concrete structures to facilitate the passage of vehicular and pedestrian traffic, the installation of and access to underground utilities and the drainage of surface water.
12. The construction of concrete structures required in conjunction with new commercial and residential developments shall be at the sole cost of the owner of the property and completed in initial development of the subdivision area.  The town may require that additional concrete structures be constructed and paid for by the developer or owner of a subdivision area.
13. The construction of concrete structures in areas that have been previously developed shall be at the sole cost of adjacent property owners and the construction shall be undertaken as a local improvement under the provisions of the Municipal Government Act and Municipal Taxation Act.
14. The expected life of concrete structures shall be deemed as follows:
a) curb and gutter 15 years
b) gutter 10 years
c) separate walk 20 years
d) Monolithic sidewalk, curb and gutter 20 years
15. The amortization period for borrowings for concrete works shall be 10 years except where such borrowings are to be included in other debenture borrowings of a longer amortization period.
Maintenance and Repairs
16. In accordance with the provisions of Traffic Bylaw 223 and except where the Town specifically agrees to undertake the cleaning thereof, the owner or occupant of the property adjacent to the sidewalk shall be responsible for the cleaning of the sidewalk and the removal of snow, ice, dirt, grass, and any other material which might cause the sidewalk to be unsafe or unsightly.
17. No person shall cause to be used any chemicals, equipment or technique which damages or may contribute to damage of any concrete structure.
18. The Town shall endeavor to keep all sidewalks and other concrete works in a reasonable and safe condition of repair and will undertake such repair at its own cost.
19. Where damage to concrete works can be attributed to the actions of the adjacent owner or occupant or any such other person, the costs of repair of the damage shall be recovered from whomever is responsible.
Modification and Replacement
20. Where the condition of the concrete structure is such that repair is no longer practical then replacement of the structure will be considered.
21. The cost of replacing curb, gutter and concrete structures other than sidewalks shall be borne by the Town.
22. The cost of replacing separate walk and monolithic sidewalk will be shared equally between borne by the Town and the adjacent property owner.
23. The replacement of sidewalk will be undertaken as a local improvement project under the provisions of the Municipal Taxation Act and Municipal Government Act and replacement may be initiated either by petition of owners or by the Town.
24. Notwithstanding section 23 Where a sidewalk is required to be replaced prior to the expiration of the expected life of the sidewalk then the Town shall bear totally a proportion of the cost equal to number of years remaining in the expected life divided by the expected life.  The Town and the owner shall then bear equally the remaining proportion of the total cost.
25. To undertake the replacement of concrete structures the Town may either engage external contractors to undertake all or part of the work or direct the Public Works Department to complete part or all of the work.
26. The project shall be responsible for the replacement with equivalent materials any private driveway or sidewalk removed or damaged as a result of the construction or replacement project.
27. In addition where the location of the sidewalk is moved from a position adjacent to the property line to a position adjacent to the curb in accordance with section 30 the project shall bear the cost of extension in equivalent materials of any sidewalk to the new location.
28. Where property owners refuse to contribute to the replacement of a sidewalk when a local improvement project is initiated the Town may remove the existing sidewalk and return right of way to grass or other suitable finish.
Sections 29 to 35 relate to the modification of existing concrete structures
29. Where a property owner requests the modification of a concrete structure to facilitate the passage of vehicles, accommodate new development or match new development grades the Town shall determine whether or not the modification is acceptable and may either:
30. a) undertake the replacement work itself at the cost of the owner or;
  b) authorize the owner to arrange at his costs a reputable contractor or person to undertake the work in accordance with the standards and specifications adopted in this policy.
31. The Town will consider bearing the cost of modification only if it is determined that the need for modification is as a result of poor workmanship, engineering error, construction error and or administrative mistake.
32. The Town shall not be responsible for the cost of modification that results from the implementation of adopted standards and specifications, or from the application of conscious engineering or administrative decisions of the day.
33. If the Town undertakes with its own forces or arranges the modification work the costs for differing types of work as set out in Schedule C apply.
34. The costs of any concrete structure construction or replacement project shall include all expenditures incurred in the completion of the work including but not limited to:
  a) Engineering, inspection and materials testing fees
  b) Administrative costs and services including interest on interim borrowing and fees payable for borrowing approval
  c) Removal of existing concrete structures and unacceptable base materials where present
  d) Preparation of base, placement of base materials, placement of concrete, inclusion of reinforcing steel, finishing, trowelling of cement
  e) Landscaping and cleanup work
35. The Town at its option may instead of charging on exact costs of construction, choose to determine a uniform rate for the construction or replacement of any concrete structure which shall be levied for each project.  The Uniform rate shall be adopted by Bylaw and shall be the average cost of completing a unit measurement of a particular type of concrete structure.
Sections 36 through 38 apply to the replacement of sidewalk
36. It is preferred that separate walks be removed and the sidewalk repositioned adjacent to the curb on the street.  In instances where boulevard trees are in existence or grade levels dictate the separate walk shall be replaced in the existing location at a suitable grade.
37. Notices given for the Local Improvement shall also include an indication if a change is to be made in the location of the sidewalk.  Apart from any petition raised in opposition to the project under the provision of the Municipal Taxation Act the residents may also indicate their opposition to the proposed location of the sidewalk and should a majority of owners so desire an alternative location, the sidewalk shall be repositioned where practical.
38. The Town Public Works Department shall undertake the replacement of sidewalk.

Dated:  November 9, 1987

__________________________
Mayor

 

__________________________
Chief Administrative Officer

 

 

 

 

 

 

 
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