Legislative History: Enacted September 19, 2017 (By-law No. CPOL.-214-466); Amended June 26, 2018 (By-law No. CPOL.-322-313)
Last Review Date: July 25, 2023
Service Area Lead: Director of Construction and Infrastructure
1. Policy Statement
This policy establishes the upper threshold of maintenance for City owned unassumed public lanes.
2. Definitions
2.1 Limited surface maintenance - may include such things as filling pot holes, grading, and the application of gravel or asphalt as necessary, but does not include full restoration, the installation of drainage systems or remedial drainage works, the removal of obstructions including snow removal or any other activities normally associated with formal assumption.
3. Applicability
The following lane maintenance policy applies only to City owned public lanes that are currently traveled but are not formally assumed by bylaw for maintenance. Private driveways built on or across lanes or unimproved road allowances are specifically exempt from this policy. This policy does not contemplate formal assumption of public lanes, but rather establishes the criteria for performing limited surface maintenance by the City.
4. The Policy
4.1 Unless a City owned public lane has been formally assumed by bylaw for maintenance, the City shall not be responsible for the lane’s condition or usage.
4.2 Clause 1 notwithstanding, on an as-requested basis the City will attempt to perform limited maintenance in a manner commensurate with the lane’s existing condition, provided that;
a) maintenance activities shall not be construed as an intent to formally assume the lane for full-fledged maintenance;
b) all lane maintenance shall be limited in nature and will not include full restoration or the installation of any underground or surface drainage works either on the lane or on private property;
c) the lane must be traveled, dedicated for public usage, and owned by the City;
d) the lane serves at least two abutting property owners;
e) the lane is not being used as a private driveway;
f) the lane is physically accessible with the equipment needed to perform the maintenance without the need to encroach onto private property;
g) snow ploughing and snow removal services are expressly excluded from this policy; and
h) the Deputy City Manager, Environment and Infrastructure or their designate, shall have the absolute discretion to determine the appropriate level, manner, extent and schedule for the requested work.