HomeMy WebLinkAbout2013-PPW-059 Construction Projects & Resulting Landowner Compensation
COUNTY OF NEWELL - POLICY HANDBOOK
POLICY NO: 2013-PPW-059
TITLE: CONSTRUCTION PROJECTS & RESULTING LANDOWNER COMPENSATION
ADOPTED: SUPERCEDES NO: 2012-PPW-059
December 5, 2013 (C-399/13)
TO BE
REVIEWED: PAGE NO: 1 of 4
POLICY PURPOSE:
The purpose of this policy is to define a formal process for the County of Newell
when undertaking projects that affect adjacent properties.
The policy addresses issues pertaining to right of way purchase, fencing, back
slope, working space and borrow material.
Rights-of-Way Purchase
For the purpose of buying land for increased road right of way, utility right of way,
or any other purpose, the Director of Municipal Services or his/her designate may
negotiate an agreement to acquire right of way with the owner or owners of the
subject property as follows:
1.For agricultural use property, payment will be the same as the current rates
set and used by the Eastern Irrigation District from their right of way
purchase policy. The minimum payment for a parcel of land shall be $500.00
regardless of its size. Water rights on irrigated land will remain with the
vendor unless the purchase is for a reason other than road widening or
drainage.
2.For non-agricultural use property, payment shall be the current market value
of the land (land only), as confirmed by the County Assessor, multiplied by
1.2 times, and prorated to the size of the required piece of land.
Where the owner can illustrate within the first 21 days of receipt of the offer, to the
CAO, that the value offered for the land is inequitable based on recent sales data
and/or appraisal(s), the CAO shall have the authority to increase the payment offer
by up to 25%.
Payment for land shall be made as follows:
90% upon fully executed documents.
10% upon project completion and legal survey plan registration.
In the event that an agreement cannot be reached with all landowners on a project,
within 45 days from the original offer being presented, the CAO must advise
Council, in writing of such, and include the circumstances behind not being able to
COUNTY OF NEWELL - POLICY HANDBOOK
POLICY NO: 2013-PPW-059
TITLE: CONSTRUCTION PROJECTS & RESULTING LANDOWNER COMPENSATION
ADOPTED: SUPERCEDES NO: 2012-PPW-059
December 5, 2013 (C-399/13)
TO BE
REVIEWED: PAGE NO: 2 of 4
reach an agreement. It will be at the discretion of Council how to proceed from
that point which may include expropriation of lands, dropping the project to the
bottom of the priority list, or abandonment of the project in its entirety.
If after the legal survey the difference in area required represents more than fifty
($50) dollars, and adjustment payment will be made by the County and if in fact
there is over compensation made on the original amount to the Vendor of the
property (the Owners), of up to two hundred ($200) dollars; there shall be no
recoverable to the County.
Construction Easement (Working Space)
When undertaking projects, the County will require additional working space where
the existing right of way or easement is not adequate to allow for the rehabilitation
and/or construction. The Construction Easement will include lands wider than the
estimated permanent right of way on each side as estimated on the engineered
plan, paid 100% up front. This may disturb cropped or grassed areas on private
lands.
Construction Easement agreements shall be paid as set by the Eastern Irrigation
District policy, and only for those lands in excess of those acquired for increased
road right of way, utility right of way, or any other purpose as described in the
Rights-of-Way Purchase above. The County will in no way guarantee that crop will
be re-established; rather future crop loss will be inclusive of the payment. Where
native grass is disturbed the County will ensure the area disturbed is re-seeded.
Payments for Dirt/Borrow Material
The County of Newell may require earth borrow material for projects. During the
design and project planning stage, efforts will be made to source material from land
immediately adjacent to the project’s location.
3
Where the County constructs a dugout for a landowner of 5000 m or less, there
will be no payment.
Where the County constructs a large dugout or landscape borrow pit, the landowner
shall be paid at current Eastern Irrigation District rates. To ensure borrow is
accurately compensated, prior to a borrow source being disturbed a survey will be
COUNTY OF NEWELL - POLICY HANDBOOK
POLICY NO: 2013-PPW-059
TITLE: CONSTRUCTION PROJECTS & RESULTING LANDOWNER COMPENSATION
ADOPTED: SUPERCEDES NO: 2012-PPW-059
December 5, 2013 (C-399/13)
TO BE
REVIEWED: PAGE NO: 3 of 4
done on the land. After construction is complete a final survey will be done and
payment will be based on the actual volume of dirt removed.
Fencing
The County has determined that it is in the best interests of the County, the rate
payers and other users to replace fencing where impact occurs due to a County
initiated project.
Fencing requirements shall be budgeted for within the operating or capital budget
of the project as required and administered as follows:
Rehabilitation and Construction Projects
Where there is an existing fence, the County shall take down any existing
fences, construct temporary fences if required and construct a permanent
fence upon completion of the rehabilitation.
Where no fence exists nothing shall be done.
All fences shall be constructed in accordance with Alberta Transportation
standard Class ‘B’ fence at minimum, ensuring if higher standard of fence
was in place that at minimum that is replaced. This new fence shall be
erected not closer than 300mm from the top of backslope.
The County will offer to salvage existing materials while taking the fence
down, including stockpiling of old posts and rolling up of the wire at a nearby
location for use by the landowner.
Upon completion, the landowner shall sign a release to the County indicating he/she
is satisfied with the fence and will not make any future claims on the County for
this fence. At this point all fencing on and/or adjacent to said property will become
property of the landowner.
All fencing projects will be administered by the County. Landowners will not be
reimbursed for doing their own fence.
COUNTY OF NEWELL - POLICY HANDBOOK
POLICY NO: 2013-PPW-059
TITLE: CONSTRUCTION PROJECTS & RESULTING LANDOWNER COMPENSATION
ADOPTED: SUPERCEDES NO: 2012-PPW-059
December 5, 2013 (C-399/13)
TO BE
REVIEWED: PAGE NO: 4 of 4
Backsloping
Landowner Requested Backsloping:
Upon receiving written request from a landowner to do backsloping adjacent to a
County road right of way, the County will supply a grader and operator. If other
equipment is required, it may be provided at the discretion of the County and at the
expense of the landowner. It is understood that this work will be done when time
permits and the equipment is available.
For landowner initiated backsloping projects, fence removal and replacement is the
responsibility of the landowner. After the backsloping work is complete, the County
will survey the property line to ensure that the fence is replaced in the proper
location.
County Initiated Backslope/Roadside Drainage/Road Reconstruction
Projects:
For County initiated projects, the County will assume responsibility for fence
removal and replacement, crop loss/disturbance, earth borrow compensation and,
road right of way compensation in accordance with the provisions of this policy. The
new fence shall not be constructed closer than 300mm from the top of backslope.