Loading...
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.