CORPORATION OF THE TOWNSHIP OF LAIRD

WHEREAS Section 8 of the Municipal Act, 2001 states that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;

AND WHEREAS Section 11 of the Municipal Act, 2001, states a single-tier municipality may pass by-laws respecting matters within the following spheres of jurisdiction 1.) Highways, and 6.) Drainage and flood control;

AND WHEREAS it is deemed expedient for the purpose of uniform installation of all such culverts that certain regulations be established by the Municipality.

NOW THEREFORE the Council of the Corporation of the Township of Laird enacts as follows:

TABLE OF CONTENTS

1. Title
2. Definitions
3. General Requirements
4. Installation Standards
5. Costs and Responsibilities
6. Damage and Replacement
7. Appeals
8. Penalties
9. Repeal
10. Effective Date
11. Schedules

1. TITLE

This By-law may be cited as the “Culvert Installation and Entrance By-law.”

2. DEFINITIONS

For the purposes of this By-law:

• “Applicant” means the property owner or authorized agent applying for a culvert installation and/or entrance permit.
• “Civic Address Sign” or “911 Sign” means a reflective sign displaying the assigned civic address number for a property, installed for emergency services identification.
• “Culvert” means a pipe or structure placed beneath a driveway or entrance to permit proper water drainage along a municipal ditch.
• “Entrance” means any driveway, access, or private approach constructed over a Township ditch or road allowance to provide access to private property.
• “Municipality” means The Corporation of the Township of Laird.
• “Road Superintendent” means the Township’s Road Superintendent or his/her designated representative.
• “Township Property” means any road allowance, ditch, or land owned or maintained by the Township of Laird.

3. GENERAL REQUIREMENTS

• 3.1 All culverts installed within Township ditches to provide access to private property shall be new, unless approval is granted by the Road Superintendent for the installation of a used culvert.
• 3.2 The size of the culvert shall be determined solely by the Road Superintendent.
• 3.3 The minimum length of a residential entrance culvert shall be approximately 9 metres (30 feet).

4. INSTALLATION STANDARDS

• 4.1 All culvert installations shall be performed by the Township of Laird to ensure proper placement, grade, and drainage.
• 4.2 The Township will supply and place up to two (2) loads of gravel as part of the entrance installation. Additional gravel, if required, will be at the property owner’s expense.

5. COSTS AND RESPONSIBILITIES

• 5.1 Property owners shall be responsible for the cost of the culvert and any additional gravel beyond the two loads provided.
• 5.2 Where ditching work by the Township requires temporary removal of a culvert that requires replacement, the replacement cost shall be shared equally between the property owner and the municipality unless the culvert is plastic and in good condition, in which case it may be reinstalled at no cost to the property owner.
• 5.3 Where a Civic Address (911) Sign is required, the Applicant shall request the sign from the Township, at the cost as per the Fees and Charges By-law, as amended.

6. DAMAGE AND REPLACEMENT

• 6.1 Where a culvert is damaged and requires replacement, and the damage is caused by a person other than the adjacent property owner, the Township shall replace the culvert at no charge to the property owner.
• 6.2 Where information regarding the offending party is available, the Township will pursue recovery through that individual or their insurer.

7. APPEALS

• 7.1 A property owner who disagrees with a decision of the Road Superintendent shall submit their concerns in writing to Council.
• 7.2 Council shall review the matter and notify the property owner of its decision.

8. PENALTIES

• 8.1 Any person who contravenes the provisions of this By-law shall be liable for the cost of removing and/or replacing any improperly installed culvert.
• 8.2 Costs unpaid after 30 days shall be added to the property tax roll and collected as taxes.