Welcome to the Rural Municipality of Whitemouth

THE RURAL MUNICIPALITY OF WHITEMOUTH

BY-LAW NO. 498/08

BEING A BY-LAW OF THE RURAL MUNICIPALITY OF WHITEMOUTH RESPECTING APPROACHES TO PRIVATE PROPERTY ON MUNICIPAL ROADS WITHIN THE RURAL MUNICIPALITY OF WHITEMOUTH.

WHEREAS Section 232 (1) of The Municipal Act provides for a Municipality to pass by-laws for municipal purposes respecting the following matters:

“(e) private works on, over, along or under municipal roads.”

AND WHEREAS Section 287 states “Subject to this and any other Act, a municipality has the direction, control and management of municipal roads within its boundaries.”

AND WHEREAS it is deemed necessary and expedient that regulations be established by by-law, respecting the installation, replacement and maintenance of access approaches to private property within the Municipality;

NOW THEREFORE the Council of the Rural Municipality of Whitemouth, duly assembled, enacts as follows:

Purpose

1. The purpose of this By-law is to ensure the safety of municipal roads and the protection of municipal drainage systems by regulating access approaches from private property to municipal roads within the Municipality (“private approach”). This By-law may be known as the private approach By-law.

Prohibition

2. No person shall install or replace a private approach and no owner of land shall permit a person to install or replace a private approach from land they are a registered owner of, without first obtaining a permit and paying the required fee set by resolution of Council.

3. No permit is required to carry out necessary repair, maintenance and upkeep to a private approach required by this By-law.

Application for permit

4. An application to the Municipality for a permit may be made by the owner or a person authorized in writing by the owner. The application must be in the form set out in Schedule A and include all relevant information, including:

(a) identification of the property and owners(s);

(b) property description: description of land, buildings and proposed private

approach (including photographs of property); and

Detailed drawings and/or specifications for the proposed work.

(d) Pay the required fee set by resolution of council.

Consideration of applications

5. Upon receipt of an application for a permit, the Officer (see Clauses 16-25) shall

consider the application taking into account matters such as:

(a) whether the application meets the purpose and terms of the By-law,

(b) whether the work will impact or adversely affect the safety of the use of a

municipal road and a municipal drainage system,

the standards set out in Schedule B,

(d) Generally only 1 approach per parcel will be approved unless a natural

obstacle generates the need for additional approaches, and

(e) any other relevant consideration.

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6. The Officer may require the applicant to supply such additional information as the

Officer considers necessary to consider the application. This may include requiring

the applicant to, at the applicant’s expense, carry out studies or obtain reports.

7. Following the Officer’s consideration of the application, the Officer may deny the

application or may approve it and issue a permit. The application may be approved in whole or in part or as revised by the Officer.

8. The Officer may include in the permit any conditions necessary to ensure the

Purpose of this By-law is met and to provide for the proper administration and

enforcement of this By-law.

9. No person shall begin or carry out any approved work until the Officer has issued

the permit and the applicant has received all required and any other applicable

permits, licences and authorizations as may be required to carry out the work. The applicant must supply proof of such compliance when requested to do so by the

Officer.

10. The owner of the land and their person in whose name the permit is issued must

ensure the work is carried out in accordance with this By-law and the permit issued

for the work.

Culvert costs

11. The cost to supply and install a culvert is the responsibility of the owner of the

property served by the private approach.

Maintenance

12. An owner of land must at all times keep a private approach serving their property in

a good state of repair and maintenance, and ensure all culverts operate in a manner that do not adversely affect the municipality’s drainage systems.

Work by the Municipality

13. If the Municipality is required to remove an existing private approach during the

Performance of roadway, drainage or other works, the Municipality shall re-install the private approach at the Municipality’s cost. If the Municipality finds the existing culvert is in need of replacement as a result of its condition, the Municipality shall re-install a new culvert. An owner of land serviced by the private approach is responsible for the cost of the culvert. If the proposed costs of the culvert exceed the maximum set out in Schedule C, The Municipality shall provide the land owner with a written cost estimate showing the breakdown of the costs. The Municipality agrees to provide funding to the permit holder equal to fifty percent (50%) of the costs exceeding the maximum set out in Schedule C. Upon the owner providing payment of the cost of the culvert to the Municipality, the Municipality shall install the replacement culvert. The Municipality is responsible for the costs of installing the new culvert, or re-installing the existing culvert.

14. If the Municipality is required to remove an existing private approach during the performance of roadway, drainage or other works, the Municipality shall re-install the private approach at the Municipality’s cost. If the Municipality deems that the existing culvert is not of sufficient size, the Municipality shall install a culvert of the required size. The culvert that was removed becomes the property of the Municipality. The Municipality is responsible for the costs of the culvert and the cost of installing the new culvert.

15. If an approach requires a culvert larger than the minimum size due to hydraulic flow requirements the Municipality will pay the costs over the maximum set out in Schedule C for the purchase of the culvert.

Municipal officer

16. The position of municipal private approach officer (“Officer”) is established. The

Officer shall by the person appointed by Council resolution from time to time.

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17. The Officer has all powers, duties, discretion and functions set out in the Act and is authorized to administer and enforce the By-law, and to act as a designated officer for the purpose of this By-law.

18. The Officer shall have the power to enforce this By-law under section 249 of the Act. The Officer shall also have the powers, duties, discretion and functions of a designated officer set out in section 242 of the Act for the purpose of making orders requiring persons responsible for the contravention of this By-law to remedy the contravention.

19. The Officer may carry out inspections to determine whether this By-law or a permit is being complied with, what actions or measures a person needs to take in connection with any of the purposed set out in this By-law, whether the actions or measures set out in an order have been taken, and to prevent a re-occurrence of a contravention.

20. An order of the Officer will be given in writing, and may provide that if the person does not comply with the order within the specified time, the Municipality will take the actions or measure at the expense of that person.

21. A person served with an order may request Council to review the order, by written notice to Council within 14 days after the date of receipt of the order.

22. Upon receiving a request for review, the Chief Administrative Officer shall set a date and time for the review of the order and notify the person of the date of the review.

23. At the time and place set out in the notice, Council shall consider the request for review, and their person may appear in person or by counsel. After reviewing the order, Council may confirm, vary, substitute or cancel the order.

24. The time specified in an order made by the Officer is suspended from the date of receipt of a request for review to the date upon which Council makes its decision.

25. If the order of the Officer so provided, the actions or measure will be taken at the person’s expense. The costs of any actions or measures taken will be an amount owning by the person to the Municipality, and may be collected in any manner in which a tax may be collected or enforced under the Act. Such actions may include removal of a private approach or making necessary repairs, maintenance and replacement.

Repeal and transition

26. Culvert policy passed November 10, 2004, and any amendments thereto, are hereby repealed. Permits and decisions made under the repealed policy remain in effect, unless revoked or changed under this By-law.

DONE, PASSED AND ENACTED by council duly assembled in the Council Chambers of the Rural Municipality of Whitemouth, in the Province of Manitoba, this 9^th day of

April, A.D. 2008.

____________________________________

Glenn Malkoske, Reeve

____________________________________

Scott G. Spicer, Chief Administrative Officer

Read a first time this 26th day of March, AD. 2008

Read a second time this 26th day of March, AD. 2008

Read a third time this 9th day of April, AD., 2008

SCHEDULE “B” TO BY-LAW NO. /08

PRIVATE APPROACH BY-LAW

Pipe Culverts and Fittings

Material

All pipe culverts and fittings shall conform to the requirements of this Specification and of:

· CSA Specification Can3-G401 for Corrugated Steel Pipe (CSP)

Gauge and thickness to be determined by depth of cover, loading and culvert diameter. Minimum thickness shall be 1.6 mm.

· CSA B182.8-02 for High Density Polyethylene Pipe (HDPE)

Pipe stiffness to be determined by depth of cover, loading, and culvert diameter.

Minimum pipe stiffness shall be 210 kPa.

Size

Culverts shall be sized to meet hydraulic flow requirements. Minimum culvert sizes shall be:

· 300 mm diameter for culverts under private approaches in Communities

· 450 mm diameter for culverts under private approaches

· 450 mm diameter for culverts under municipal road crossings

Length

Culvert length shall be sufficient to extend to bottom of ditch beyond the road structure.

Minimum length of culverts shall be:

· 6 m for private approaches

· 12 m for municipal roads

Bedding and Backfill

Bedding and backfill shall consist of compacted well-graded granular material. Bedding layer shall be a minimum 150 mm thick. Backfill shall extend 0.30 m above the top of the pipe. All bedding and backfill shall be compacted in 150 mm lifts to 95% Standard Proctor Density, or to manufacturer’s specifications, whichever is more stringent.

SCHEDULE “C” TO BY-LAW NO. /08

PRIVATE APPROACH BY-LAW

One thousand dollars ($1,000.00)

CLICK HERE FOR APPROACH APPLICATION

Private Approach By-Law No. 498/08