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THE CORPORATION OF THE CITY OF WINDSOR
POLICY
Service Area: Office of the City Engineer
Policy No.:
Department:
Engineering
Approval Date:
Division:
Design and Development
Approved By:
Effective Date: IMMEDIATE
Subject:
Local Improvement Policy
Consolidation
Procedure
Ref.:
Review Date:
Pages:
Replaces: CR1215/85, CR292/2003,
CR179/2005,
CR8/2012,
M214-2010,
CR1607/89, M39/2014
Prepared By:
Janelle Coombs/Adam Mourad
Date: June 8, 2020
1.
PURPOSE
1.1 To present a cost-sharing policy setting forth special assessments for
municipal infrastructure such as storm and sanitary sewers, street lighting,
sidewalks, pavements, curbs and gutters and private drain connections
constructed under the provisions of the Local Improvement Regulation, O.
Reg. 586/06.
1.2 To address the situation where there are no sanitary or storm sewers in an
existing neighbourhood of the City. Some areas of the City are still serviced
by septic tanks with no sanitary sewers. Elimination of the remaining septic
tanks within the City is considered a high priority to reduce environmental
issues and improve water quality in the municipal drainage system and
receiving water bodies.
1.3 To address streets that may have a sanitary sewer and roadside ditches, but
no storm sewer. In order to close the roadside ditches, the ditches would
need to be replaced with a storm sewer.
1.4 To consolidate and replace the following existing Council Resolutions
regarding local improvements and the correlated cost sharing policies
(Appendix A):
CR292/2003 - Storm and Sanitary Sewer Policy
CR1215/85 - Pavement and Sidewalk Cost-Sharing Policy
CR1607/89 - Cost-Sharing for Street Lighting
CR179/2005 - Cost-Sharing for Rehabilitation of Deteriorated Roads
M214-2010 - Pedestrian Generator Policy
CR8/2012
- Local Improvements of Majority Side Lot Properties Policy
CR1406/95 - Ornamental Street Lighting
M39-2014
- Road Rehabilitation of Rural Cross section roads not within
2000 feet of a storm outlet
Local Improvement Policy Consolidation
Page 1 of 9
1.5 To encourage the construction of municipal infrastructure where current
municipal infrastructure is deficient.
2.
SCOPE
This Policy applies to all roads and highways within the municipal boundaries
of the City of Windsor. This policy does not apply to lands without any
municipal infrastructure such as greenfield developments.
3.
DEFINITIONS
3.1 Approved Rate - for the purpose of this policy, refers to the rate set out in
the Fees and Charges By-law 392-2002 for a 250mm diameter sanitary
sewer and a 300mm diameter storm sewer.
3.2 Oversizing - for the purpose of this policy, refers to any sewer larger than a
250mm diameter sanitary sewer and a 300mm diameter storm sewer
3.3 Frontage - the property line along or abutting the municipal roadway. On a
corner lot, the frontage shall be considered to be the shorter of the property
lines regardless of the direction the building on the property faces.
3.4 Flankage - for the purpose of this policy, refers to the longest dimension of
the corner lot that abuts the local improvement, typically the full depth of the
lot.
3.5 Private Drain Connection - for the purpose of this policy, refers to the
sewer pipe length from the centre line of the right-of-way to the private
property line.
3.6 Boulevard Restoration - for the purpose of this policy, means the
installation of sod (or seed if approved) and topsoil up to a maximum of 2
metres from the back of curb or edge of pavement. Property owners will be
assessed for the full frontage of the lot. Any additional restoration is to be
paid by the City.
3.7 GENERAL ASSESSMENTS
3.7.1 All local improvements are subject to applicable fees for engineering,
project administration, interest charges, and applicable taxes.
3.7.2 All existing approved local improvements will be governed by the policy in
place at the time of their approval.
Local Improvement Policy Consolidation
Page 2 of 9
3.7.3 The costs for abutting property owners will be based on the assessable
property frontage which excludes intersections and City owned properties.
3.7.4 Unless noted for lot flankage (side lot), all costs are assessed according to
the property frontage (front or rear yard width) adjacent to the works.
3.7.5 In the case of irregular shaped lots, adjustments to the assessment are
made on a case-by-case basis to mitigate over/under assessing an
irregular lot.
4.
POLICY
In accordance with the described purpose and scope, this policy specifies
cost-sharing arrangements for the construction of storm and sanitary sewers,
pavements, curbs and gutters, sidewalks, private drain connections and
street lighting as local improvements, implemented under the provisions of
Ontario Regulation 586/06, made under the Municipal Act, 2001.
4.1 SEWERS
Where:
A storm and/or sanitary sewer does not exist; and
Abutting property owners have requested in writing a storm and/or sanitary
sewer be installed as a local improvement; or
The City initiates the installation of a storm and/or sanitary sewer as a
local improvement
The abutting property owners will be assessed for:
The cost at the approved rate, per metre of frontage, of a new storm
and/or sanitary sewer;
The full cost for the construction of a private drain connection and cleanout
extending from the centre line of the right-of-way to the property line of the
benefiting property;
100% of the cost for boulevard restoration.
In addition, where flankage properties exist, those property owners will be
assessed for:
25% of the approved rate, per metre of flankage, for the construction of a
storm sewer and boulevard restoration for the first 45 metres of lot
flankage;
100% of the cost for any remaining works over and above the first 45
metres of lot flankage, at the approved rate.
Local Improvement Policy Consolidation
Page 3 of 9
The City will pay:
The remainder of the total cost of the work, as outlined in section 4.6.
4.2 PAVEMENTS
Where:
Unpaved alleys or roads, including residential or local industrial roads,
exist within the City right-of-way; and
Abutting property owners have requested in writing these unpaved alleys
and/or roads be paved; or
The City initiates the installation of road pavement as a local improvement
The abutting property owners will be assessed for:
100% of the cost, per metre of frontage, for the construction of the road
base and asphalt and/or concrete pavement up to 8.6 metres in width;
100% of the cost for the construction of curb and gutter, if applicable;
100% of the cost for boulevard restoration.
In addition, where flankage properties exist, those property owners will be
assessed for:
25% of the cost, per metre of flankage, for construction of the road base
and pavement for the first 45 metres of lot flankage;
25% of the cost for boulevard restoration for the first 45 metres of lot
flankage;
100% of the cost for any remaining works over and above the first 45
metres of lot flankage.
The City will pay:
The remainder of the total cost of the work, as outlined in section 4.6.
Pavements will be designed to such structural and geometric standards as
the City Engineer determines to be appropriate, having regard for subsoil
conditions, vehicular loads, and other relevant matters.
Residential pavements will be constructed to a minimum width of 8.6 metres
measured face to face of curbs.
Where, at the City's option, a pavement is constructed of greater width or
structural strength than is required, the City shall assume the cost of the
additional work. In the case of residential streets, "a greater width" will mean
in excess of 8.6 metres.
Local Improvement Policy Consolidation
Page 4 of 9
This policy applies only to pavements constructed on rights-of-way assumed
by the City.
4.2.1 RURAL PAVED ROADS
For the rehabilitation of badly deteriorated rural paved roads where the
majority of the abutting properties are side lot properties, the City may
undertake the following:
That where the percentage of side lot properties are greater than or equal
to 50% of the total frontage for the street segment, reconstruct the
roadway with or without the addition of curbs and gutters at no cost to the
abutting residents (local improvements will not apply).
That where this applies, proceed without the provisions of Ontario
Regulation 586/06 for Local Improvements.
4.3 CURBS AND GUTTERS
Where:
A paved road is currently without curbs and gutters; and,
Pavement rehabilitation/reconstruction is to be undertaken by the City; and
Abutting property owners have requested in writing curbs and gutters be
installed; or
The City initiates the installation of curbs and gutters as a local
improvement in conjunction with a pavement rehabilitation project
The abutting property owners will be assessed for:
100% of the cost, per metre of frontage, for the construction of concrete
curbs and gutters;
100% of the cost for boulevard restoration.
In addition, where flankage properties exist, those property owners will be
assessed for:
25% of the cost, per metre of flankage, for the construction of concrete
curbs and gutters and boulevard restoration for the first 45 metres of lot
flankage;
100% of the cost for any remaining works over and above the first 45
metres of lot flankage.
Local Improvement Policy Consolidation
Page 5 of 9
The City will pay:
The remainder of the total cost of the work, as outlined in section 4.6.
The curbs and gutters, and rehabilitated/reconstructed pavements will be of
geometric design, as the City Engineer determines to be appropriate.
4.4 SIDEWALKS: RESIDENTIAL AND PEDESTRIAN GENERATOR POLICY
Where:
A paved road is currently without sidewalks; and,
Abutting property owners have requested in writing sidewalks be installed;
or
The City initiates the installation of sidewalks as a local improvement
The abutting property owners will be assessed for:
100% of the cost, per metre of frontage, for the construction of concrete
sidewalks;
100% of the cost for boulevard restoration.
In addition, where flankage properties exist, those property owners will be
assessed for:
25% of the cost, per metre of flankage, for the construction of sidewalks
and boulevard restoration for the first 45 metres of lot flankage;
100% of the cost for any remaining works over and above the first 45
metres of lot flankage.
The City will pay:
The remainder of the total cost of the work, as outlined in section 4.6.
New sidewalks will be constructed to meet the Accessibility for Ontarians with
Disabilities Act (AODA) requirements, except where the safety of pedestrians
warrants a greater width, or the City Engineer determines a greater width is
necessary and/or desirable.
Where a residential sidewalk is constructed wider than the AODA standard,
the abutting property owners will only be assessed for a standard AODA
width sidewalk. The City will pay the balance of the cost in addition to the
amounts set out above.
Local Improvement Policy Consolidation
Page 6 of 9
Where a sidewalk meets the conditions of the Pedestrian Generator Policy,
the total cost of the sidewalk and boulevard restoration will be paid by the
City.
Where a sidewalk is constructed on a transit route, the total cost of the
sidewalk and boulevard restoration will be paid by the City.
4.5 STREET LIGHTING
Where:
A municipal right-of-way is currently without street lighting; and,
Abutting property owners have requested in writing street lighting be
installed; or
The City initiates the installation of street lights as a local improvement
The abutting property owners will be assessed for:
50% of the cost for standard street lighting;
50% of the cost for boulevard restoration.
In addition, where flankage properties exist, those property owners will be
assessed for:
25% of the cost for street lighting and boulevard restoration along the first
45 metres of lot flankage;
100% of the cost of any remaining works over and above the first 45
metres of lot flankage.
The City will pay:
The remainder of the total cost of the work, as outlined in section 4.6.
If ornamental street lighting is requested by the property owners, then the
owners will be responsible for 100% of the cost difference between standard
street lighting and ornamental street lighting.
4.6 CITY'S SHARE FOR LOCAL IMPROVEMENT WORK
For all local improvement work implemented under this policy, the City's
share of the cost will consist of the following:
The cost for the work at intersections;
The cost for the work in front of city owned property and alleys;
The cost related to road drainage;
The cost of additional road width greater than 8.6 metres;
Local Improvement Policy Consolidation
Page 7 of 9
The cost of oversizing sewers larger than the diameter set out in the
approved rate;
The remainder of the total cost that is not defined in the assessable local
improvement work under this policy.
5.
RESPONSIBILITY
5.1 The responsibilities of the City, City Council, the Committee of Revision, the
City Engineer, the City Treasurer, the City Clerk, and the abutting property
owners, are set out in the Municipal Act, 2001 - Ontario Regulation 586/06.
5.2 The responsibilities are as follows:
5.2.1
City Council may authorize the work be done as a local improvement
by passing a Local Improvement Charges By-law for such work.
5.2.2
Once the local improvement work is completed, Council shall pass a
Special Charges By-law to impose charges on abutting property
owners.
5.2.3
The Committee of Revision shall hear objections to the local
improvement roll and make decisions to finalize the Local
Improvement Roll.
5.2.4
The City Engineer shall implement the work as a local improvement
and follow the provisions of the O. Reg. 586/06.
5.2.5
The City Treasurer shall certify the Local Improvement Roll.
5.2.6
The City Clerk shall receive petitions for or against local improvement
work, appeals to the assessment notice; and shall certify the
sufficiency of such petitions.
5.2.7
The abutting property owners may petition for or against a local
improvement work. After the Special Charges by-law is passed, the
owners are obligated to pay their share of the local improvement
charges by lump sum or through their property taxes over 10 years.
5.2.8
The Local Improvement Roll, or Record of Assessment, shall be
maintained by the City Clerk office and City Treasurer.
6.
GOVERNING RULES AND REGULATIONS
The Municipal Act, 2001 - Ontario Regulation 586/06 is the governing
legislation.
Local Improvement Policy Consolidation
Page 8 of 9
7.
RECORDS, FORMS AND ATTACHMENTS
7.1 The Local Improvement Roll, or Record of Assessment, shall be maintained
by the City Clerk and City Treasurer. Local improvement booklets, which
outline the local improvements generated in any given year and the
statement of the work costs, are maintained by the Clerk's office and City
Engineer's office.
7.2 The related forms include:
The petition form;
Notice of Local Improvement Charges By-law;
Notice of Local Improvement Special Charges By-law.
7.3 Appendix A:
Attachment A: CR292/2003
Attachment B: CR1215/85
Attachment C: CR1607/89
Attachment D: CR179/2005
Attachment E: M214-2010
Attachment F: CR8/2012
Attachment G: CR1406/95
Attachment H: M39-2014
Local Improvement Policy Consolidation
Page 9 of 9
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LOCAL IMPROVEMENT ACT - STORM & SANITARY SEWER POLICY
CR292/2003
That APPROVAL BE GIVEN for the following policy for the assessment of
costs of storm and sanitary sewers constructed as Local Improvements under the
Municipal Act, 2001 - Ontario Regulation 119/03, to be effective immediately:
(a)
That as provided for by Section 9 of Regulation 119/03, a uniform flat rate of
$140.00 per metre of frontage be used on all petitions prepared for the construction of a
sanitary sewer when only one sewer is being constructed.
(b)
That as provided for by Section 9 of Regulation 119/03, a uniform flat rate of
$99.00 per metre of frontage be used on all petitions prepared for the construction of a
storm sewer when only one sewer is being constructed.
(c)
That in the event that both storm and sanitary sewers are constructed
simultaneously on a street, that the above be modified so as to further reduce the rate
chargeable for the storm sewer to $72.00 per metre.
(d)
That in the event curbs and gutters and surface asphalt are constructed on a
street following sewer construction, the City will absorb the following:
The remainder of the cost of intersections and drainage.
Seventy-five percent (75%) of the cost of the first 45.72 metres of lot flankage.
Fifty percent (50%) of the remainder of the net cost of the work.
(e)
That all outstanding Local Improvement Act sanitary sewer petitions that are
returned sufficiently signed before June 1, 2003, be considered at the 2000 rates of
$130.00 per metre.
(f)
That this policy apply only to sewers constructed on assumed streets.
(g)
That as provided for by Section 15 of Regulation 119/03, 75% of the first 45.72
metres of lot flankage be borne on the general rate except in those cases where the
property owner is connected only to the frontage sewer when it shall be 100% on the
general rate.
(h)
That the cost of all private drain connections from the main sewer to the
property line be charged to the benefiting property in accordance with Section 10(2) of
Regulation 119/03.
(i)
That the above rates be evaluated within two (2) years from date of this Council
Resolution.
and further, Council Resolution CR1095/2000 adopted by Council on October 16, 2000,
establishing the present policy for the cost-sharing of sewers constructed under the Local
Improvement Act BE RESCINDED.
1215/85
That effective immediately the following cost-sharing policy setting forth special
assessments for pavements and sidewalks constructed under the provisions of The Local
Improvement Act BE APPROVED:
A. (ii)
Alley Pavements, or
(iii)
Pavements: Residential or Local Industrial - rights-of-way which are not
served by full underground sewer services.
The City will absorb:
(a) The cost of intersections and drainage
(b) Fifty (50%) percent of the remainder of the total cost of the work
(c) Seventy-five (75%) percent of the cost of the first 150 feet of the lot flankage
B. Pavements: Residential and Local Industrial - on rights-of-way which are served
by full underground sewer services.
The City will absorb:
(a) The cost of intersections and drainage
(b) Sixty-seven (67%) percent of the remainder of the total cost of the work
(c) Seventy-five (75%) of the cost of the first 150 feet of the lot flankage
C. (a) Pavements will have such structural and geometric design as the
Commissioner of Works shall determine to be appropriate, having regard to
subsoil conditions, vehicular loads, and other relevant matters.
(b) Residential pavements will be constructed to a minimum width of 28 feet
measured face-to-face of curbs, and shall have top soil and seed or sod placed on
unpaved portions of the boulevard between the curb and sidewalk (or where no
sidewalks exist, a point in the boulevard determined by the Commissioner of
Works).
(c) Where, at the City"s option, a pavement is constructed of greater width or
structural strength than is required for the abutting properties the City shall
assume the cost of the additional work. In the case of residential streets, "a
greater width" will mean in excess of 28 feet.
(d) That this policy apply only to pavements constructed on assumed street
rights-of-way.
D. Sidewalks: Residential and School Approach
1. In the residential areas, sidewalks will be 4 ft. wide, except where the safety
of pedestrians warrants a greater width.
2. Where a 4-ft. wide residential sidewalk is constructed, the City will absorb:
(a) The cost of the walk at intersections.
(b) Seventy-five (75%) percent of the cost of the first 150 feet of lot flankage.
(c) Twenty-five (25%) percent of the remainder of the total cost of the work.
3. Where a residential sidewalk is constructed wider than 4 ft. for pedestrian
safety, the abutting property owners will be assessed for only a 4-ft. wide
walk. The City will absorb the balance of the cost in addition to the amounts
set out in 2(a) and 2(b) above.
4. Where a sidewalk:
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Is required to serve more than the abutting properties or is required on a
school approach street;
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Is required for the safety of children in the community travelling to and
from school;
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Is requested or endorsed by a School Board; and
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Where it would be unequitable to charge the full cost of the walk to the
abutting property owners;
The sidewalk will be termed a "school approach sidewalk" and the total cost
therefore will be paid by the City.
And further, that Council Resolution 94/68 adopted on January 22, 1968, and that
Council Resolution 305/73 adopted on April 9, 1973 setting forth a policy in respect of
such Local Improvements BE RESCINDED.
SCHEDULE "B"
1215
TO
/jr
COUNCIL MINUTES
November 27, 1989
Toth/Wilson
C/Wks
C/Fin
C/Wks
C/Sol
C/Wks
C/Sol
1607/89
That the policy regarding the prov1s1on of lighting under the
Local Improvement Act as set forth in Council Resolution 982/82 adopted on
August 16, 1982 BE AMENDED in Clause C(l) to read as follows:
C.
Costs
l. Local and Minor Collector Streets - (T1.P_es I, II, III)
(c) Street lighting as defined above shall be installed on existing
unlit local and minor collector streets under the provisions of the
Local Improvement Act wherein the cost of:
(i)
Lighting of intersections with standard lighting;
(ii)
Fi tty percent (50%)
of the remaining cost of standard
lighting;
(iii)
Seventy-Five percent (75%) of the first 45. 72 metres of
directly abutting lot flankage will be charged to the
General Rate;
(iv)
All remaining costs will be assessed to the benefitting
owners;
(v)
Note:
Lighting of unlit flankage (side) streets may be
installed outside the provisions of The Local Improvement
Act only if the following conditions are present:
(a)
the flankage street is abutted by _f__orner lots only;
(b)
the adjacent
mainline
local
and
minor
collector
streets are currently served by existing standard
lighting in accordance to policy;
and further, that the cost of this flankage street BE CHARGED
One Hundred
(100%) to the General Rate.
SL/89 mq
Carried.
Toth/Wilson
1608/89
That
the actions of the Landfi 11 #3 Advisory Committee to
ban
industrially
and
commercially
generated
potentially
recyclable
old corrugated cardboard, that is not municipally collected, effective
January l, 1990 BE ENDORSED and the Commissioner of Works BE AUTHORIZED to
limit the collection of old corrugated cardboard to those commercial and
industrial businesses that presently receive collection services by the
City forces and at the same time urge those businesses to take all
necessary steps to reduce the quantities of old corrugated cardboard
through recycling; and that the City Solicitor BE REQUESTED to prepare the
necessary by-law for this purpose.
SWL-L/89 mq
2
Carried.
Toth/Wilson
1609/89
That a ban
of industrially
and
commercially
generated
potentially
recyclable
old
corrugated
cardboard,
that is not
municipally collected from being disposed of at the City 1 s Transfer Station
BE IMPLEMENTED effective January
l, 1990
and
that the City Solicitor
BE REQUESTED to prepare the necessary by-law for this purpose.
SWL-L/89 mq
2
Carried.
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THE CORPORATION OF THE CITY OF WINDSOR
POLICY
Manual:
Public Works
Policy #:
PW.A1.05
Section:
Engineering
Approval Date:
March 29, 2005
Department:
Engineering and Corporate
Projects
Effective Date:
March 29, 2005
Approved By:
CR179/2005
Subject:
Local Improvement Policy - Cost
Pages:
Assessments - Rehabilitation of
Replaces:
Deteriorated Roads
Date:
1.0
POLICY
1.1 In accordance with the described purpose and scope of this policy, the policy
specifies cost-sharing arrangements in cases where rehabilitation and reconstruction
roadwork has been undertaken, and where abutting property owners have requested
curbs and gutters be installed or rehabilitated during the same project.
1.1.1 The abutting property owners will be assessed for:
the cost of curbs and gutters and boulevard restoration
The City will absorb:
the cost of intersections not attributable to lot frontage;
seventy-five percent (75%) of the cost of the first 45.72 meters of lot
frontage;
the cost of drainage;
the cost of rehabilitating or reconstructing the existing deteriorated
pavement;
The curbs and gutters, and rehabilitated or reconstructed pavements will
be of geometric design, as the City Engineer should determine to be
appropriate.
2.0.
DEFINITIONS
2.1 The definition of "deteriorated" will be as defined by the City's Road Condition
Rating System.
2.2 Section 1(1) of Ontario Regulation 119/03 defines the terminology used throughout
the Regulation.
3.0.
PURPOSE
3.1 The goal of the policy is to address a deficiency in the current local improvement
policies with respect to deteriorated pavements without curbs and gutters, to
encourage the construction of curbs and gutters and boulevard restoration at the
abutting owners' expense, while the deteriorated pavement is being rehabilitated or
reconstructed by the City at its cost.
1 of 3
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3.2 There are two policies in place for the reconstruction of pavements in established
neighbourhoods as Local Improvements:
CR292/2003 (Attachment A) establishes the policy for the assessment of costs
for construction of pavements following Local Improvement sewer
construction, providing a favourable assessment rate to property owners to
encourage the construction of pavements, including curbs and gutters.
CR1215/85 (Attachment B) establishes the policy for the assessment of costs
for the construction of pavements on rights-of-way serviced by full underground
services and not serviced by full underground services. In both instances, the
City absorbs the cost of intersections and drainage. In the instance of full
underground services existing, the City will absorb sixty-seven percent (67%) of
the remainder of the total cost of the work. In the instance of full underground
services not existing, the City will absorb fifty percent (50%) of the remainder
of the total cost of the work.
Neither of the above policies addresses the situation where a pavement does not
have curbs and gutters and is deteriorated to the extent that it requires rehabilitation
or reconstruction at the City's cost, and where abutting property owners, or the
City, wish to construct curbs and gutters and boulevard restoration at the same time
as the pavement rehabilitation or reconstruction.
4.0
SCOPE
4.1 This Policy applies to all roads and highways within the Municipal Boundaries of
the Corporation of the City Of Windsor.
4.2 This policy describes the conditions for the undertaking of local improvements as
described in sec 3.1 and how abutting property owners will be assessed for the cost
of the curbs and gutters and boulevard restoration.
4.3 This policy is for the assessment of costs for the construction of curbs and gutters
and boulevard restoration on pavements which are (i) presently without curbs and
gutters and (ii) deteriorated to the extent that they require rehabilitation or
reconstruction, to be undertaken as Local Improvements under the Municipal Act,
2001-Ontario Regulation 119/03:
(a)
That this policy applies only to curbs and gutters constructed on assumed
streets.
(b)
That this policy applies only to streets presently serviced by either (i)
separated storm and sanitary sewers, or (ii) combined sewers.
5.
RESPONSIBILITY
5.1 The responsibilities of the City, through City Council, the Court of Revision, the
City Engineer, the City Treasurer, the City Clerk and the abutting property owners
are enunciated in the Municipal Act, 2001-Ontario Regulation 119/03.
5.2 The local improvement role, or record of assessment, shall be maintained by the
City Treasurer.
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6.
GOVERNING RULES AND REGULATIONS
6.1 The Municipal Act, 2001-Ontario Regulation 119/03 is the governing Regulation.
Section 1(2) of Regulation 119/03 provides that the City may construct curbs
and gutters and boulevard restoration as a local improvement.
Section 9(1) of Regulation 119/03 provides that the City may specially assess
property owners (a) abutting directly on the work according to the extent of
their respective frontages by imposing an equal special charge per meter
frontage, and (b) not abutting on the work but immediately benefiting by it to
the extent of their respective frontages by imposing an equal special charge per
meter frontage.
Section 12(a) of Regulation 119/03 provides that the City pay the cost of
drainage of a pavement.
Section 12(b) of Regulation 119/03 provides that the City pay the cost of
intersections.
The Municipal Act, 2001-Ontario Regulation 119/03 enunciates:
The rules that apply for passing a local improvement charges by-law to
undertake a proposed work.
The required notice to be given before passing a local improvement charges by
law.
How applications can be made to the Ontario Municipal Board to undertake a
work as a local improvement.
The requirement for and sufficiency of petitions for local improvement works.
How local improvement costs are borne.
The establishment and authority of a Court of Revision.
The establishment of a local improvement role and how the role should be set
out.
Public Notices required before special local improvement charges are imposed.
The rules that apply for passing a local improvement by-law to provide the
amount to be specially charged property owners as set out in the local
improvement role.
7.
RECORDS, FORMS AND ATTACHMENTS
7.1 Attachment A: CR292/2003
Attachment B: CR1215/85
3 of 3
Moved by Councillor Marra, seconded by Councillor Postma,
M214-2010
WHEREAS: The use of the Local Improvement Policy is a mechanism for residents to petition
City Council for local infrastructure improvements; and
WHEREAS: The Pedestrian Generator Policy is used by City Administration as it relates to
assessing the need for the construction of sidewalks in any given neighbourhood; and
WHEREAS: From time to time, local improvement petitions will come from neighbourhoods
that are residential in nature, and it is a designated Transit Windsor Route, and new sidewalks are
required, the current policy requires that the residents of the subject neighbourhood are
compelled to financially contribute towards the construction of the sidewalks; and
WHEREAS: When it comes to pedestrian and transit safety issues, the Corporation should be
absorbing 100% of the costs for the construction of sidewalks;
THEREFORE BE IT RESOLVED THAT:
Administration proceed with amendments, effective immediately, to the Local Improvement
Petition Policy and the Pedestrian Generator Policy in order to ensure that in these such
circumstances, sidewalks deemed necessary by the City Engineer BE CONSTRUCTED and the
cost will be fully subsidized by the Corporation's share of the infrastructure project.
Carried.
Councillor Hatfield was absent from the meeting when the votes was taken on this
matter.
--~
W INDSOR
PUBLIC WORKS POLICIES
Local Improvement Candidate Roads with Majority Side Lot Properties
Policy
CR8/2012 (Report No. 15678)
That APPROVAL BE GIVEN for the following policy for the rehabilitation of badly
deteriorated rural roads where the majority of the abutting properties are side lot
properties, to be effective immediately:
a. That where the percentage of side lot properties is greater than or equal to 50% of the
total frontage for the street segment, the City BE AUTHORIZED to reconstruct the
roadway with or without the addition of curbs and gutters at no cost to the abutting
residents.
b. That where this policy applies, the City BE AUTHORIZED to proceed without the
provisions of Ontario Regulation 586/06 for Local Improvement.
c. That administration BE AUTHORIZED to prioritize the reconstruction of these
roads based on their inclusion in the Capital Budget as required.
24 | P a g e
--~
W INDSOR
PUBLIC WORKS POLICIES
CR1406/95
The City of Windsor Street lighting Policy requires that installation of ornamental street
lighting on local streets be by use of the Local Improvement Act with all costs over and
above the cost for the installation of standard street lighting borne 100 percent by the
directly abutting property owners. The 800 block of Monmouth Avenue has standard street
lighting existing and, therefore, the costs to replace this lighting with ornamental lighting
would be borne 100 percent by the abutting owners including all administrative and
debenturing costs as no standard street lighting costs are applicable.
54 | P a g e
Moved
Councillor Valentinis, seconded by Councillor Payne,
hat Report No. 155 ofthe Executive Committee of Council of its meeting
ovember 25, 2013 regarding CQ36-2013 Road Rehab Protocol Revision BE ADOPTED
as presented.
Carried.
Report Number 16835
SW2014
Internal Distribution
Chief Administrative Officer
Chief Financial Officer & City Treasurer
Public Works [Mario Sonego, City Engineer]
External Distribution
Claire Lauzon
3165 Parkwood Avenue Windsor, ON N8W 2K6
Mark Rivest
3473 Turner Road Windsor, ON N8W 3M6
Abstract Budget File
The following recommendation ofthe Executive Committee BE APPROVED as
follows:
Moved by Councillor Dilkens, seconded by Councillor Marra,
THAT the City of Windsor's listing for potential Road Rehabilitation inclusion in the
Capital Budget program BE AMENDED to include roads without curb and gutter and/or
that have ditches that are not within approximately 2,000 feet (2 blocks) ofa proper storm
outlet; and the Road Rehab list for the 2015 budget BE REPRIORITIZED to include
these roads; and
THAT for local roads within 2,000 feet ofa proper storm outlet, roads BE
CONSIDERED for the Road Rehabilitation Capital Budget Program ONLY after they
have exhausted the Local Improvements process, both resident and City initiated.
Carried.
Livelink #16835, SW2013
Clerk's Note: The administrative report authored by the City Engineer dated November
15, 2013 entitled CQ36-2013 Road Rehab Protocol Revision is attached as background
information.