CORPORATE POLICY AND PROCEDURES
MANUAL
Policy No:
143
EPW
014
Policy Name:
ASSUMPTION OF PRIVATE AND UNOPENED ROADS
DEVELOPED BY:
DEPARTMENT:
Kenneth D. Becking, P. Eng.
Public Works
DATE:
REVIEWED BY:
Directors
Chief Administrative Officer
DATE:
DPW2006-335
CR2006-1047
EFFECTIVE:
APPROVED BY:
RESOLUTION NUMBER:
CROSS-REFERENCE:
DATE:
Oct 10/06
REVISIONS:
POLICY STATEMENT AND RATIONALE:
It is in the public’s interest that all roadways assumed by the municipality meet a minimum municipal
standard. To this end the City will, upon request only and as budget allows, assume private roads and
roads on unopened road allowances which meets the city minimum standards as specified in Appendix
'A' and ‘B’ attached hereto. The costs associated with the works necessary to meet the minimum
standards and administrative and legal costs associated with the assumption of the road shall be borne
by the proponents.
SCOPE:
This policy shall apply only to the assumption of existing private roads and roads constructed on
unopened road allowances as of the date of the adoption of this policy. This policy does not apply to
the construction of any new roads as part of a development proposal or plan of subdivision.
DEFINITIONS:
Minimum Standards: Means the engineering design standards for roadways, the properties of which
are specified in Appendix ‘A’ and ‘B’ attached hereto.
Proponent: Means the property owner(s) requesting the assumption of a private road or unopened
road allowance.
City: Means Corporation of the City of Kawartha Lakes.
City Engineer: Means the Director of Public Works or designate.
Policy No: 143 EPW 014
Policy Title: Assumption of Private Roads
Page 1 of 5
"Clerk" means the person appointed by Council to carry out the duties of the clerk described in section
228 of the Municipal Act, 2001;
POLICY, PROCEDURE AND IMPLEMENTATION:
1. Petition Required: The proponents of the transfer of a road to the municipality
petition requesting assumption of the roadway. The petition must contain the
100% of the property owners having frontage on the road to be assumed.
supported by 100% of the property owners will not be considered. Assumption
roadway less than 500 meters will not be considered unless the roadway
municipal roads.
will prepare a
signatures of
Petitions not
of portions of
links existing
2. Submission Requirements
Documentation that will be necessary to support the application for assumption of the road will
include the following:

A reference plan prepared by an Ontario Land Surveyor documenting the lands affected by
the proposed assumption.

Original deeds and certification of title for the lands in question prepared by the proponent’s
Solicitor.

A plan and profile drawing prepared by a Licensed Professional Engineer to documenting
the existing conditions along the road and demonstrating compliance with the city’s
standards.

Documentation in support of the application must be submitted with the petition.
3. A preliminary assessment of the road will be undertaken by representatives from the
Operations and Engineering Divisions. On the basis of the assessment a report will be
prepared. The report will document the state of the road and identify any deficiencies in the
road including estimated remediation costs that would be deemed to be impediments to the
assumption of the road. The draft report will be circulated to the Development Services
Department. Their comments with respect to any impacts associated with assumption of the
road will be incorporated into the report.
4. A copy of the draft report will be forwarded to the proponents for their review and response. The
proponents will have 30 days within which to respond in writing to the findings of the report. The
proponents may respond in one of several ways:
I. The proponents may accept the findings and request that the matter proceed.
II. The proponents may request a deferral of the matter in order to gain sufficient time to
rectify any deficiencies or negotiate other arrangements prior to proceeding. In this case
that matter will be deferred for an agreed upon period not to exceed one year. If the
matter has not been addressed within the deferral period, the matter will be deemed to be
abandoned and this will be duly noted. In the absence of any response within the time
period it will be assumed that the request has been abandoned.
Policy No: 143 EPW 014
Policy Title: Assumption of Private Roads
Page 2 of 5
5. A public meeting to review the proposed work estimated costs and assessments will be held
with the proponents. A petition pursuant to Regulation 119/03 – Local Improvement Charges
shall be filed with the City prior to the work proceeding.
6. A report will be forwarded to the Development and Public Works Committee and City Council
addressing the sufficiency of the petition and the matters pursuant to Sections 3 and 6 of
Regulation 119/03. The report will include particulars of the estimated cost, the City’s share of
the cost, if any, and statutory adjustments.
7. When all of the documents are deemed to be acceptable, the proponents in the case of private
roads will be instructed to proceed with the transfer of the lands. The transfer will be completed
between the Proponents Solicitor and the City Solicitor. Upon completion of the transfer the City
Solicitor will give notice to the Clerk and the City Engineer of the completion of the transfer.
8. Upon receipt of the notice and completion of any requisite work the Clerk will arrange for the
preparation of the necessary bylaw to assume the road. The bylaw will then be forwarded to
Council at the next available opportunity for passage. The bylaw will include an effective date
concurrent with the registration of the bylaw.
9. Upon passage of the bylaw the Clerk will amend the schedules of the various traffic bylaws to
incorporate the road. The Engineering Division will amend their records to reflect the change in
the legal status of the road and give notice of the change to all other Public Works Divisions,
Emergency Services, the Community Services Department and the Development Services
Department of the change.
On the effective date of the transfer and assumption the Operations Division will remove the
private road signage and make any other changes in the field necessary to complete the
assumption. Until such time as the city passes the bylaw and the deeds are transferred to the
city, the city will not assume liability for the maintenance of the roadway.
Policy No: 143 EPW 014
Policy Title: Assumption of Private Roads
Page 3 of 5
SCHEDULE ‘A’
Road Standards for Adoption of Urban Private Roads
Design Criteria
Minimum Standard
Permitted Standard
Right of Way Width
Design Speed
Horizontal Radius
Maximum Grade
Kcrest
Ksag
Min Stopping Sight Dist
Min Number of Lanes
Lane Width
Parking Lane Width
Curbs
Sidewalks
Horizontal Clearance
Vertical Clearance
Turn Arounds
Pavement Structure (GBE)
Surface Type
(ADT < 400 vpd)
Streetlighting
Signage
Drainage
18.5
17.0 m
50 kph
40 kph
80.0 m
50.0 m
10.00%
12.00%
12
5
12
7
65.0 m
45.0 m
2
2
3.5 m
3.0 m
2.5 m
1.0 m
Desirable, Concrete, Barrier Type
Desirable, One side concrete, 1.5 m
3.0 m
2.0 m
5.25 m
4.75 m
OPSD 500.01 or equivalent
550 mm
475 mm
Double Surface Treatment
Hot Mix
HydroOne and CKL criteria
As specified in the Ontario Traffic Manual
Ditching or storm sewers outletting to Municipal Drain or
watercourse
Notes
1
Deviations from the standard may be approved by the Director where the deviation will
not result in any significant loss of safety or increased maintenance costs to the
municipality. The permitted deviations do not represent the minimum standard.
2
The standards detailed above apply on to the assumption of private roads and are not
the standards applicable to new construction after the date of the adoption of the
standard by City Council.
3
GBE means granular base equivalent. GBE standard specified is equivalent to 50 mm
hot mix over 150 mm granular A over 300 mm of granular B.
Policy No: 143 EPW 014
Policy Title: Assumption of Private Roads
Page 4 of 5
SCHEDULE ‘B’
Road Standards for Adoption of Rural Private Roads
Design Criteria
Right of Way Width
Minimum Standard
Permitted Standard
20.0
16.0 m *subject to adequate width for
utilities and drainage ditches
Design Speed
Horizontal Radius
Maximum Grade
Kcrest
Ksag
Min Stopping Sight Dist
Min Number of Lanes
Lane Width
Shoulder Width
Horizontal Clearance
Vertical Clearance
Turn Arounds
Pavement Structure (GBE)
Surface Type
(ADT < 400 vpd)
Surface Type
(ADT > 400 vpd)
Signage
Drainage
50 kph
80.0 m
10.00%
12
12
65.0 m
2
3.5 m
1.0 m
3.0 m
5.25 m
OPSD 500.01 or equivalent
450 mm
Gravel
40 kph
50.0 m
12.00%
5
7
45.0 m
2
3.0 m
0.75 m
2.0 m
4.75 m
375 mm
Double Surface Treatment
As specified in the Ontario Traffic Manual
Ditches outletting to and adequate receiving watercourse or
Municipal Drain
Notes
1
Deviations from the minimum standard may be approved by the Director where the
deviation will not result in any significant loss of safety or increased maintenance costs
to the municipality. The permitted deviations do not represent the minimum standard.
2
The standards detailed above apply only to the assumption of private roads or roads
constructed on unopened road allowances and are not the standards applicable to new
construction after the date of the adoption of the standard by City Council.
3
GBE means granular base equivalent. GBE standard specified is equivalent to 150 mm
granular A over 300 mm of granular B.
Policy No: 143 EPW 014
Policy Title: Assumption of Private Roads
Page 5 of 5