upgrading of k class roads by private parties

Division: Highway OperationsSection: MaintenanceFunction: Operations Admin. (HO 2.30.58)

Procedure number: PR5035

Upgrading of K Class Roads by Private Parties

PurposeThe Department will permit the upgrading of listed,non-maintained roads (KClass roads) by private parties for such purposes as the removal of forestryproducts or land access and development. This procedure details the steps tobe taken in administering the upgrading of these listed,non-maintained, roads byprivate parties.

Procedure(s)1 Application

Applications to upgrade a K Class road shall be in the form of a Breaking of SoilPermit submitted to the Area Manager. Permits shall be issued for a period ofone (1) year. Upgrade work extending beyond the permit expiry date will requirea supplemental permit issued by the Area Manager.

Supplemental conditions to the Breaking of Soil Permit shall be issued in writingto the applicant, by the Area Manager.

2 Standards for Upgrade

Where the proposed upgrade work is intended to improve accessibility for thepurpose of resource development, the Area Manager may require the applicantto upgrade the road to Department standards. When the upgrade work isinitiated for the purpose of new land development or re-settlement of adjacentlands, the road shall be re-constructed to a maintainable standard. Theminimum standard for reconstruction shall be Class I, but as a general rule thestandard should be at least equivalent to an adjoining maintained section andconsideration should be given to upgrading roads for new land development to a“G” or “J” standard.

Unless the Area Manager has pre-approved the re-classification of the road andhas accepted maintenance responsibility, there shall be no obligation by theDepartment to re-classify the upgraded road to a maintained classification, norprovide for maintenance service normally afforded to that road type.



3 Cost Sharing for the Upgrading of K Class Roads

The Department of Transportation and Public Works may undertake to costshare with private parties for the upgrading of K Class roads. The extent ofcontribution to cost share work shall be determined by the amount of fundsavailable.

The Area Manager shall have the authority to approve cost sharing expendituresup to a maximum of $2000. The District Director shall have the authority toapprove cost sharing expenditures up to a maximum of $10,000. Amounts over $10,000 shall be forwarded, with recommendations, to the Executive Director ofHighway Operations for approval.

3.1 ApplicabilityCost sharing shall be performed in accordance with the following:

a. Resource Development.

The Department of Transportation and Public Works may assistcompanies, contractors, or property owners in the upgrading of annon-maintained road for the purpose of resource development. The assistance may be cost shared up to a 50/50 basis forimprovements which may, or may not, bring the road to amaintainable standard.

b. Re-Settlement of Adjacent Lands.

The Department may cost share with property owners who wish tore-activate existing farms or residential dwellings located on KClass roads. This re-settlement must be on a year-round basis tobe eligible for cost-sharing. Permanent development of summercottages shall not be eligible for cost sharing. The Department maypay up to 100% of the cost of improvements to permit re-settlement, up to a maximum of $2000. For costs exceeding$2000, the Department may share up to a 50/50 basis with theprivate parties involved.



c. New Land Development.

The Department may cost share with property owners or landdevelopers to improve K Class roads for the purpose ofconstructing new homes, or subdivision development. Subdivisionsmay be located adjacent to, or use the upgraded K Class road asaccess. The Department may cost share improvements up to a50/50 basis with the parties involved.

d. Minor Improvements

The Area Manager or District Director may approve an annualexpenditure of up to $2000 or a maximum of $5000 in any 5 yearperiod, for minor improvements to a K Class road such as grading,ditching, brush clearing, gravelling, or small bridge repairs. Theseminor improvements may be intended to maintain limitedaccessibility for general public use. Expenditures under thiscategory shall not be considered cost shareable and shall apply toall proposed uses of the road.

For resource development, prior to approving cost sharing, the AreaManager will contact the Department of Natural Resources (DNR) toconfirm the resource potential claimed by the applicant and to determinewhether DNR is contributing funds (in which case the Department wouldnot). When an applicant proposes land development, resettlement, orsubdivision construction the Area Manager will contact the Municipality todiscuss zoning, building, or other land use limitations.

3.2 Cost Shared AgreementsWhere the Area Manager, District Director, or Executive Director ofHighway Operations agrees to cost share with a private party in theupgrading of a K Class road, and the cost of Department contributionexceeds $2000, the following procedure for obtaining a cost shareagreement with the private party shall be followed:

a. The Area Manager shall forward a report to the District Directorsummarizing the proposed upgrade work that shall include thefollowing information:



I. A copy of the original Breaking of Soil Application submittedby the applicant.

II. A sketch, drawing, or plan showing the proposed road andlocation(s) for upgrade.

III. Reasons for the upgrade and justification of cost sharing bythe Department. Information will include the names of allprivate parties involved, the type and quantity of naturalresource(s) to be accessed or details on the proposed landdevelopment or resettlement.

IV. A brief description of the proposed rehabilitation such asditching, gravelling, or grading. The standard of constructionif the road is to be reclassified.

V. A detailed cost estimate of the proposed work.VI. Details on the Department’s role in rehabilitation work,

including allocation of resources, materials, and equipment,or use of private contractors.

b. The District Director shall forward the Area Manager’s report and arequest for a cost sharing agreement to the Program ManagementEngineer, Highway Design and Planning.

c. The Program Management Engineer shall develop and execute thecost share agreement with the private party(s). The cost shareagreement shall be considered a supplemental condition to theBreaking of Soil Permit.

4 Security Deposits

The Department shall require a refundable security deposit for the upgrade ofthe road. The security deposit shall be in the form of a certified cheque or anIrrevocable Letter of Credit, and shall be a sum as deemed appropriate by theArea Manager for the proposed work, but not less than $1000. This deposit willbe refunded to the applicant after the Department has performed a finalinspection of the work and the Area Manager is satisfied there are nooutstanding deficiencies.

The Department may require the payment of a non-refundable fee to coverDepartmental costs associated with the upgrade work, such as inspection. The



Area Manager shall estimate the value of the non-refundable fee and advise theapplicant of this anticipated cost prior to approving the permit.

5 Compliance with Standards and Regulations

The applicant shall perform all upgrade work in accordance with theDepartment’s Standard Specifications, and Occupational Health and Safety,Environmental, and Fisheries regulations.

The applicant must obtain all necessary permits required for execution of thework and copies of the approved permits shall be provided to the Area Managerprior to approving the Breaking of Soil Permit.

The Area Manager shall provide for the periodic inspection of the work to ensurecompliance with the conditions of the permit, and governing standards andregulations. The Area Manager shall advise the applicant of any deficienciesidentified, and a schedule for corrective action shall be established by the AreaManager.

6 Surveys, Drainage Plans and Other Submissions

Prior to approving the Breaking of Soil Permit, the Area Manager shall checkexisting property records to determine if a right-of-way plan for the K Class roadexists, or if the right-of-way width in the area of the proposed work can bedetermined.

If insufficient property data exists, or the right-of-way is not clearly defined, theArea Manager may require the applicant to produce a legal survey of the road. The survey shall be performed by a Licensed Nova Scotia or Canada LandSurveyor and the survey plan shall clearly show the existing centerline location,right-of-way boundaries, names and locations of abutting property owners, andthe start and end locations for the proposed upgrade work. The survey shall betied to control monuments or in their absence, the establishment of local controlwill be required. The costs for the survey will be the responsibility of theapplicant and survey plans must be received and approved by the Departmentbefore the Breaking of Soil Permit will be issued.

Changes to the horizontal alignment shall be clearly depicted on the preliminarysurvey. At no time shall the Area Manager permit the diversion of the existing



right-of-way or the intermittent upgrade of the existing road that, in the opinion ofthe Area Manager, disrupts the continuity of the road corridor or adverselyimpacts its current use.

Prior to commencing work, the applicant must identify any proposed changes tothe roads vertical alignment. For changes in elevation greater than 600 mm, theArea Manager may require the applicant to produce a preliminary and postconstruction profile.

Following the upgrade work, the Area Manager may require the applicant toproduce a second legal survey to locate the road centerline and confirm theright-of-way boundaries.

When the applicant proposes major drainage improvements, the Area Managermay require the applicant to submit a Drainage Plan for the project. Thedrainage plan must be signed by a Professional Engineer and contain drainagedata such as flow patterns, drainage structure types, sizes and capacities, watercourse locations and environmental/sediment control systems as required. Drainage plans shall be accompanied by copies of supporting calculations,certified by a Professional Engineer.

7 Historical Significance

Prior to approving the Breaking of Soil Permit, the Area Manager shall undertaketo carefully investigate any historical significance or value the existing road mayhave.

Inspection of the road by Department staff will be conducted to determine ifproposed changes to the right-of-way may adversely impact on locations ofhistoric importance such as cemeteries or abandoned settlements.

In the event an historical item is identified, the Area Manager shall consult withlocal officials or agencies to determine the importance of the site. Once the AreaManager has assessed the historical value of the site, he may amend or refusethe permit as required to protect the integrity of the site.



8 Photographic Records

The Area Manager should record the existing physical condition of the road byproducing a photographic record. It is suggested that photographs be taken atspecific intervals along the road and of each drainage structure, bridge, watercourse or other details. Photographs should be labeled with the date, thelocation on the road as identified by the number of metres measured from astarting reference such as an intersection or bridge, the direction of view, andany specific data relevant to the photo such as culvert size or bridge span andcondition. Post construction photos should be added to the photographic recordfor the purpose of assessing overall impact to the right-of-way as a result of theupgrade.

9 Bridges

Prior to the Area Manager approving the Breaking of Soil Permit, the DistrictBridge Engineer shall provide for the inspection of all bridge structures locatedon the section of road proposed for upgrade. The District Bridge Engineer shalladvise the Area Manager of the condition of all structures and their capability tosupport the loads intended by the private party.

If the Bridge Engineer identifies deficiencies in the existing structures, theapplicant shall be responsible for all improvements to the bridges necessary tofacilitate the intended use. The applicant shall submit design drawings, stampedby a Professional Engineer, to the District Bridge Engineer for review andapproval. The cost for the design and structural improvements to bridges shallbe borne by the applicant.

10 Insurance

The applicant shall be required to take out and maintain, during the permitperiod, the following insurance coverage with a limit of not less than two milliondollars ($2,000,000.00) inclusive for any one occurrence.

a. General Liability Insurance: For injuries, including wrongfuldeath, and property damage.



b. Motor Vehicle Insurance: Third party liability for bodily injury ordeath to any persons or damage to property.

The applicant shall name the Department as one of the insured under theinsurance contracts for Public Liability and Property Damage. The applicantshall provide proof of insurance to the Area Manager before the Breaking of SoilPermit will be issued.

11 Abutting Property Owners

The applicant shall ensure that all upgrade work does not adversely affectabutting properties.

The applicant must restore or replace all accesses to abutting properties affectedby the upgrade work. Where severe changes in the road’s vertical alignment areproposed, the applicant must ensure adequate and safe access to abuttingproperties is maintained.

The applicant shall be liable for all claims filed by abutting property ownersarising from the execution of the work, including encroachments and propertydamage.

12 Timber Products

All timber products removed from the Department’s right-of-way, during theproposed upgrade work, shall remain the property of the Department unlessotherwise approved by the Area Manager. The Department shall require that alltimber cut from within the right-of-way be left roadside for the benefit of theabutting property owner. Timber not claimed by abutting property owners within30 days shall become the property of the Department. The Area Manager maypermit the applicant to have unclaimed timber, however the value of this timbershall be deducted from the security deposit or the Department shall be paid forthe value of the timber.

13 Application of Procedure

This procedure shall apply to all Transportation and Public Works listed,unmaintained roads. This procedure shall also apply to unlisted, unmaintainedpublic right-of-ways, however, no cost sharing shall be permitted on these roads.



Approved by (Executive/Director): Martin Delaney Transportation & Public WorksApproval date: 02-02-04 Policies and Procedures ManualEffective date: already in effect

AccountabilityArea Managers and District Directors are responsible for ensuring this procedureis adhered to.

MonitoringHighway Operations staff, in conjunction with field staff, shall periodically auditthis procedure’s effectiveness and make modifications as required.

ReferencesNone

SchedulesNone

EnquiriesHighway Operations Division

TPW Permit #_________

This permit will be void if not exercised prior to _____________________________ 20_____

Municipal Permit # _____________________ PID # __________________

County ______________________________

Civic # ___________ Lot # __________

Minister’s Consent

For Building and Access to Property

(Check as applicable)

G Application is hereby made for the Minister’s consent for the Access To A Public Highway; the location and description asbeing described below:

G Application is hereby made for the Minister’s consent for The Erection Of A Structure within 100 metres of the centerlineof a public highway; the location, description and purpose of said structure being as described below:

G Application is hereby made for the Minister’s consent for The Erection Of A Structure within 60 metres of the limit of acontrolled access highway; the location, description and purpose of said structure being as described below:

Name of Subdivision _______________________________________ Lot Owner __________________________________

Name of Highway ____________________________________ Side of Highway __________________________________ (North, South, East, West)

Name of Village _____________________________________________ County __________________________________

Distance________ (km) ______________________ From _______________________________________________(Enter North, South, East, West) (Nearest intersection, bridge, or other definite point on the highway)

Distance of nearest part of structure to centerline of highway __________ metres

Number of lots to be serviced by this access ______ Distance from centerline of highway to well, spring, etc. ______ metres

Type of Structure or access: G Residential G Agricultural G Commercial G Industrial

G Recreational G Institutional G Other (specify)

• PLEASE IDENTIFY YOUR LOT BOUNDARIES AT THE ROADWAY. PLACE YOUR NAME OR LOT NUMBER ON STAKE OR POST.

• PLEASE PLACE STAKES IN DITCH 7 METRES APART AT DESIRED ACCESS LOCATION.

______________________________________________ ___________________________________________Name of Applicant (print) Signature of Applicant

______________________________________________ ___________________________________________Mailing Address Date

______________ ___________________________Postal Code Daytime Telephone #

G I certify that I am the owner of the property at the location to which this permit applies. (If the applicant is not the property

owner, please provide permission in writing from the owner for the proposed access.)

COMPLETE SKETCH AND NOTE CONDITIONS ON REVERSE SIDE

FOR DEPARTMENT USE ONLY

Road Classification: G Non-controlled Access G Controlled Access* G Listed & Abandoned*

G Service Road*

S.S.D. Available: _____________ Direction: _____________ Grade: __________ S.S.D. Required: ____________


Checked Using: 600mm cone _____ 380mm cone _____ 150mm cone _____

Existing Driveway: Yes G No G Pipe Required: Yes G No G Pipe inside Dia. _________ mm

Site Checked By _________________________________ Speed Zone __________ km/hr RAS __________ km/hr

Comments: _________________________________________________________________________________________

___________________________________________________________________________________________________

___________________________________________________________________________________________________

* review TPW policy prior to issuing Permit

In consideration of an application as set forth above for the Minister’s consent for access to a public highway and/or erection ofa structure within 100 metres of the centerline of a public highway; consent is hereby given, subject to the conditions listed onreverse.

_____________________________________________ Dated _____________________________ 20______ Area Manager for Minister of Transportation and Public Works

(Reference Use Only)Breaking Soil of Highway

Permit # __________

Please sketch lot showing location of driveway and building, including dimensions.

NOTE:

1. The Minister’s consent is given for building set back distance or access to a public highway under the provision

of The Public Highways Act only. Additional Permits may be required to satisfy Municipal and/or other regulations.

The minimum required setback distances will be as noted herein or as directed by the Municipality, whichever is

greater.

2. Residential garages with entrance facing highway must be at least 5 metres from the boundary of the highway.

3. Gasoline delivery pumps must be outside the boundary of any highway. The minimum distance between the

pumps and highway boundary will be 5 metres.

4. Commercial buildings must be at least 5 metres from the boundary. The Minister’s consent may state conditions

respecting entrance and parking.

5. Permits for buildings/structures within 60 metres of the boundary of a controlled access highway must be approved

by the District Director. In general all structures should be at least 10 metres from the right-of-way boundary of

a controlled access highway.

Conditions Pertaining To Driveway Access Installation

HOLDER OF PERMIT SHALL:

1. Certify that the driveway entrance from the public highway fronts the applicant’s property.

2. Save and hold harmless the Department against any and all claims for personal injury and/or property damage

of whatsoever nature, both during and after the execution of work covered by this Permit, where, in the opinion

of the Department, any such claim arises from the execution of the work.

3. Bear ALL damage costs during the laying of the pipe or other work undertaken to the highway shoulders, ditches,

culverts, pavements and other installations and all subsequent damage costs to the highway that are, in the

opinion of the Department, attributable to the work under the permit.

4. Carry out the work in accordance with the latest edition of the Department’s Traffic Control Manual.

5. Provide that on completion of the work, the installation meets all requirements stipulated in the Permit for Breaking

Soil of Highway associated with this application and the current “Instructions for the Installation of Driveway

Entrances”.

6. Carry out the work in every respect satisfactory to the Department.

7. Applicant will notify the Department when work is to commence and also when work is completed.

SPECIAL CONDITIONS:

FORM 130, REVISED/APPROVED MARCH 2006

Permit #________________

PERMIT FOR BREAKING SOIL OF HIGHWAYS

PERMISSION IS HEREBY GRANTED under Section 47 of the Public Highways Act (see reverse) in respect of application:

G SEWER G WATER G CABLE G DRIVEWAY G OTHER _________________________________________

TYPE OF SURFACE WORK IS BEING CARRIED OUT ON (i.e. asphalt/concrete/gravel etc.) __________________________________

NAME OF ROAD ___________________________ NAME OF VILLAGE/RANGE OF CIVIC #’S ________________________________

Distance _____________ (Km) __________________________ From ______________________________________________

(Nearest intersection, bridge, or other definite point on the highway) (Enter North, South, East, West)

Subject to the Control and Supervision of the Area Manager or Construction Manager.

CONDITIONS: Holder of Permit shall:

1. Save and hold harmless the Department of Transportation and Public Works (TPW) against any and all claims for personalinjury and/or property damage of whatsoever nature, both during and after the execution of the work covered by this Permit,where, in the opinion of TPW, any such claim arises from the execution of the work.

2. If Manual 23, Chapter 8, Section 7 does not apply, then a deposit of not less than $10.00 per metre of excavation isrequired by TPW or such deposit as deemed by TPW. The deposit required is . ReceiptNumber . (Certified Cheque or Money Order)

3. Bear ALL damage costs during the laying of the pipe or cable or other work undertaken to the road shoulders, ditches,culverts, pavements and other installations and all subsequent damage costs to the highway that are, in the opinion ofTPW, attributable to the work under the permit.

4. Bear ALL damage and repair costs to private property or access that, in the opinion of TPW are attributable to the workdescribed above.

5. Bear ALL costs and relocation of the pipe, cable or damage to other TPW installations whenever required by TPW.

6. Bear ALL costs during the work described above in connection with:(a) all claims for damages due to accidents(b) direction of all traffic, including barricades, lights, signs and supply of properly equipped and qualified Traffic Control

Persons.(c) protection of all traffic according to the Nova Scotia Temporary Work Place Traffic Control Manual.(d) maintaining road surface and ditches adjacent to project.(e) inspection charges.

7. Provide that backfill material placed in the sections of trenches that are under the road or under the road shoulder containno stones over 160 mm in largest dimension from a point two diameters above the said pipe until the existing grade isreached; all such backfill is to be vibratory tamped in layers of 160 mm, the top two 160 mm layers of which is to becomposed of clean gravel containing no stones over 80 mm in largest dimension.

8. Provide that upon completion of the work, the road shoulder shall be left in a neat condition and dressed with gravelcontaining no stones of 20 mm in largest dimension.

9. Carry out the work without interruption of highway traffic and provide the Area Manager or TPW Supervisor with aschedule of the work.

10. Carry out the work in every respect satisfactory to TPW.

11. Carry out the maintenance of the project in a manner satisfactory to TPW.

12. Repave immediately or when applicable, maintain the backfilled excavation to the satisfaction of TPW until such time asthe excavated trench is repaved at 160 kg/m or such thickness as to match the existing pavement, which ever is greater.2

13. No more than 120 metres of road way to be opened at one time.

14. Applicant will notify at at least hours before work isto commence. This is required to organize inspection of the work site during construction. For driveway installationsapplicant will notify __________________________ at ___________________when driveway is completed to TPWspecifications so a final inspection can be scheduled.

15. Meet conditions detailed in covering letter dated 20 .

This permit may be cancelled at any time.

Dated at , Nova Scotia, this day of , 20 .

I hereby agree to the above conditions:

APPLICANT

MAILING ADDRESS

DAYTIME TELEPHONE #

FORM 133, REVISED SEPT 2006

APPROVED:

Dated ________________________, 20 ___

____________________________________AREA MANAGER FOR MINISTER OF

TRANSPORTATION AND PUBLIC WORKS

Extract From Public Highways Act, Chapter 371 of the Revised Statutes 1989, as

amended by 1994-95.

Section 47:

(1) No person shall break up the soil of a highway without first making application in

writing to a person employed in the public service of the Province in the Department of

Transportation and Communications, specifying the purpose for which it is required to so

break up the soil, and obtaining his permission therefor in writing.

(2) The person designated by the Minister pursuant to subsection (1) may impose such

terms upon the person applying as he considers necessary for the protection of persons

using the highway and for the prevention of damage to the highway or to other property.

(3) Any person who breaks up the soil of a highway without such permission, or in

contravention of the terms imposed, is liable to a penalty of not more than one hundred

dollars, and in default of payment to imprisonment for not more than thirty days. R.S., c. 371,

s. 47; 1994-95, c. 16, s. 5.

TPW Permit #_________

This permit will be void if not exercised prior to _____________________ 20___

GROUP RURAL MAIL BOXES PERMIT

Application is hereby made for the Minister’s consent for The Erection Of Group Rural Mail Boxes on TPW right-of-way or within100 metres from the centreline of the highway; the location and description as described below: Note - If all conditions are met,a separate Breaking Soil of Highways Permit is not required.

Name of Highway or Street _____________________________ Side of Highway or Street _______________________ (North, South, East, West)

Subdivision Name ____________________________________

Name of Village ______________________________________ County _____________________________________

Distance_________ (km) ______________________ From _______________________________________________(Enter North, South, East, West) (Nearest intersection, bridge, or other definite point on the highway)

Distance from front of Boxes to centreline of highway _____ metres

Name of Abutting landowner _____________________________ PID # ____________ (Abutting landowner)

9 The abutting landowner has been advised of the proposed installation and has raised no objections.

Please provide sketch on reverse of permit, or attach sketch.

Include number of mailboxes and layout and cross section of site w ith approximate direction to magnetic North. If ditch is to be filled

in, the pipe location must be show n.

Conditions:

1. All work and associated costs are the responsibility of the applicant. On paved roads or subdivision streets the applicant isresponsible to properly grade and pave the approach as per attached Group Rural Mail Box Roadside Treatment plan. Onpaved or gravel roads piped ditches must be installed when required.

2. All work at site must be satisfactory to TPW and be carried out in accordance with the latest edition of the Department’s TrafficControl Manual and will be carried out without interruption of highway traffic.

3. The applicant will bear ALL damage costs during the laying of the pipe or other work undertaken to the road shoulders, ditches,culverts, pavements and other installations and all subsequent damage costs to the highway, private property, or access that,in the opinion of TPW, are attributable to the work under the permit.

4. The applicant will provide that backfill material placed in the sections of trenches that are under the road shoulder contain nostones over 160 mm in largest dimension from a point two diameters above the said pipe until the existing grade is reached;all such backfill is to be vibratory tamped in layers of 160 mm, the top two 160 mm layers of which is to be composed of cleangravel containing no stones over 80 mm in largest dimension.

5. The applicant will provide that upon completion of the work, the road shoulder shall be left in a neat condition and dressed withgravel containing no stones over 20 mm in largest dimension.

6. The applicant is responsible to maintain the site in a neat and tidy condition.

7. TPW will not carry out any work, or any maintenance including snow removal, at the site(s) nor be responsible for any costsassociated with such work.

8. Although TPW will exercise all care possible under prevailing conditions, TPW will not be responsible for damage done to mailboxes during maintenance operations.

9. If relocation of mail boxes is required by TPW for safety or other reasons relating to supervision, maintenance and control ofhighways, the applicant is responsible for the relocation, including all costs associated with the relocation.

10. The applicant will indemnify and save harmless TPW from and against all claims for injury or damage, by whomsoever made,brought or prosecuted in any manner based upon, arising out of, or in any way attributable to the construction, installation,maintenance, or use of the group rural mail box.

11. The applicant will notify the Area Manager, or designate, when the installation is completed so a final inspection can bescheduled.

______________________________________________ ___________________________________________Name of Applicant (print) Signature of Applicant

____________________ __________________________ _________________________Position Daytime Telephone # Date

FOR DEPARTMENT USE ONLY


S.S.D. Available: _____________ Direction: _____________ Grade: __________ S.S.D. Required: ____________*locate target at edge of travel lane at center of mailboxes

Checked Using: 150mm cone _____ Pipe Required: Yes G No G Pipe inside Dia. _________ mm

Site Checked By _________________________________ Speed Zone __________ km/hr RAS __________ km/hr

Comments: ____________________________________________________________________________________________________________________________________________________________________________________________

In consideration of an application as set forth above for the Minister’s consent for the erection of Group Rural Mail Boxes;consent is hereby given:

_____________________________________________ Dated _____________________________ 20______ Area Manager for Minister of Transportation and Public Works

Revised Oct 2006

Revision date: Sept 2006

REQUEST TO PURCHASE SURPLUS PROPERTY

I, ,wish to purchase surplus highway right-of-way located (Please print)

at or near , County of .(Community)

Signature

ROAD DATA BUYER INFORMATION

Road Name Address

Auth Number City/Town

Location Province

County Postal Code

PID No. Phone No.

E-mail

Do you want correspondence by e-mail (where applicable) Y N

UTILITIES INFORMATION: SUPPORTING DOCUMENTS ATTACHED:

Yes No Yes No

Power Lines � � Deed � �

Telephone Lines � � Adjoiner’s Letter(s) � �

Water Lines � � Sketch � �

Sewer Lines � � Survey Plan � �

Right-of-Ways � � Has adjoining property been migrated to� �

Easements � � the Land Registration System?

Others _____________________ If No, will it be in the next 6-12 months? � �

Land Value: Comments:

Suggested Land Value: $___________ per __________

Acquisition & Disposal Officer

APPROVALS:I recommend that this property is Surplus to the I declare this property Surplus to the Department’sDepartment’s needs. needs.

_____________________________________________ ___________________________________________________Area Manager District Director

Application fee: $150- Fee will be credited against purchase

price;

- Applicant forfeits fee if land is not

purchased.

File #

Highway Maintenance

ACKNOWLEDGEMENT OF PERMIT

The attached Breaking Soil of Highways Permit K / was issued to

on , 200 .

9 Cheque / 9 Money Order in the amount of $ was received as a deposit,

Receipt Number .

The deposit indicates that the applicant will assume the task of providing all the necessary

repairs, including asphalt patching, to return the roadway to its original condition. This

payment will be held at the office. Once you are satisfied that the job is complete, please

sign and date this form and return it to the Area Office. At that time the deposit will be

returned to the applicant.

Area Manager

SUPERVISOR DATE

Highway Maintenance

Driveway Entrance Inspection Report

Permit Holder Permit Number

Date Inspected G Initial Inspection G Repeat Inspection

Y N Comments

9 9 Location of Driveway Correct

9 9 Pipe Size Correct

9 9 Proper Pipe Type

9 9 Pipe in New Condition

9 9 Flow Line Clear

9 9 Minimum 12" Cover

9 9 Sufficient Finish Gravel (Type 1)

9 9 Sufficient Rip Rap

9 9 Shoulder Left in Good Condition

9 9 Ditch Left in Good Condition

9 9 Proper Driveway Slope

� Pass � Fail

Conditions in the comment column must be remedied before driveway can be passed. Oncedriveway is ready for inspection, or if you have any questions, please call and askfor .

Inspected By:

Instructions for the Installation of Driveway Entrances

1 Step 1 - Permits

Complete an application for “Minister’s Consent for Building and Access to Property” (Form130). A representative from the Department of Transportation & Public Works (TPW) willassess the proposed entrance for adequate sight distance and determine if a drainageculvert is required, and if so, the size required. To aid in this, you are requested to markthe proposed entrance with stakes prior to making your application. You will be notified(within 7 working days) if the application has been approved and what size culvert, if any,is required.

Once the permit is approved, you will be required to obtain a “Permit for Breaking Soil ofHighways” (Form 133) from TPW to allow you to construct the driveway. To ensure thedriveway entrance is installed to TPW specifications, a refundable deposit is required. Bothpermits may be applied for at once, however, you must pay the refundable deposit up front.This deposit must be in the form of a certified cheque or money order made payable to theDepartment of Transportation and Public Works. The amount of deposit required is$300.00. This deposit will be refunded upon approval of the completed driveway entrance.

If an entrance already exists to the lot, and meets TPW specifications, an access permit willbe required, however, no deposit is necessary.

2 Step 2 - Construction of the Driveway Entrance

The applicant is responsible for all aspects of construction, including but not limited to:supply of culvert pipe and backfill materials, rip rap, labour, traffic control andenvironmental measures. While the work may be completed by the applicant or acontractor engaged by the applicant, ultimate responsibility for the installation rests with theapplicant. The applicant must notify the Operations Supervisor named on their permit aminimum of 24 hours prior to beginning installation.

2.1 Environmental Protection

Every effort should be made to expose as little soil to the elements as possibleduring the construction process. If the culvert is within 100 m of a watercourse, orthere is any chance that sediment may enter a watercourse then erosion andsedimentation control measures must be employed, in accordance with NSDepartment of Environment and Labour regulations.

2.2 Materials

a) Culvert Pipe: unless warranted by specific conditions as determined by TPWstaff, pipe size for a new culvert installation shall be a minimum of either500mm diameter aluminized corrugated steel or aluminum alloy, or 450mmsmooth inside wall diameter Class 65D concrete or double walled smoothinterior High Density Polyethylene (HDPE) pipe. In the case of open topculverts, treated wood may be used, however the design of the structuremust be approved by the Supervisor. Driveway top shall be a minimum of5.5 m (18 ft.) wide, the length of pipe will vary with the depth of the ditch.The maximum width of driveway top should be 10 m (33 ft.).

b) Backfill: material shall be 20-25mm (¾ -1 in.) gravel or good native soil withno stones over 75mm (3 in.) in the largest dimension. Slate may be usedonly if it is from a source approved by the NS Department of Environmentand Labour.

c) Top Material: shall be 100-150mm (4-6 in.) of Type 1 (20mm or ¾ in.)gravel, sloped to prevent water from running onto the roadway. Minimumslope requirement is 2%. If pavement is desired, it should consist of aminimum of 75mm of hot mix asphalt on a bed of 100-150mm of Type 1gravel.

d) Rip Rap: minimum wall thickness shall be 400mm, therefore, material shallbe 400-500mm (16-18 in.) flat stones. Slate may be used only if it is froma source approved by the NS Department of Environment and Labour.

2.3 Bed Excavation

a) Prepare an area for the pipe in the lowest point of the ditch, aligned with thedirection of flow.

b) All organic material (grass, bushes, etc.) under the length of the pipe shallbe removed before placing pipe.

c) Excavate ditch to a depth of 150mm (6 in.) below existing flow line of ditch.

d) Fill excavated area with 125mm (5 in.) of Type 1 gravel.

2.4 Pipe Installation

a) Place pipe on the prepared bed of gravel, following the natural slope of theditch. This should allow the pipe flow line to be approximately 25mm (1 in.)below the flow line of the ditch.

b) If two or more pieces of pipe are required, join with approved couplers,available from the pipe manufacturer. Install couplers as per manufacturer’sinstructions.

c) Backfill approximately 150mm (6 in.) deep on each side of the pipe andcompact with a vibrating compactor. Continue to backfill in 150mm layersand compact on each side of the pipe before adding more fill. Compactedfill must be kept even on both sides of pipe and must extend the width of theditch. When backfill material is very granular, clay material should be usedto seal the ends to prevent water from flowing through the backfill material.

c)

d) Place rip rap across the upstream and downstream ends of the installationas soon as possible to prevent erosion. Concrete end walls may only beused on the installation with approval of the Supervisor.

e) Once backfilled, place top material. Backfill plus top material should extenda minimum of 300mm (1 ft.) above the top of the pipe.

3 Step 3 - Inspection

A driveway is considered to be complete when the following conditions have been met:

• Culvert is in new condition with no major dents or bends through its length.

• Culvert is of the size noted on the “Minister’s Consent For Building andAccess to Property” permit (Form 130).

• Rock rip rap, made of stones at least 300mm (12 in.) in length and 400mm(16 in.) deep, is placed on the ends to within 100mm (4 in.) of the finishedtop surface. Other end treatments may be used with prior approval ofSupervisor shown below.

• There is at least 300mm (12 in.) of cover over the pipe with the top 150mm(6 in.) being gravel with stones no larger than 20mm (Type 1 gravel) fromthe road edge to the edge of the highway right-of-way (approximately 10 m[33 ft.] from the centre of the road).

• Driveway is level with the road shoulder where it meets the road.

• The ditch and road shoulder are left in a neat condition.

• The driveway is sloped so that any water exiting the property via thedriveway will enter the ditch rather than run onto the road.

Once the driveway entrance is completely installed, notify the Supervisor to arrange for aninspection. If the Supervisor is satisfied with the installation, he will approve refund of thedeposit. If not, you will be notified of the deficiencies and asked to correct them. Areinspection will then be required.

If the driveway is not installed properly after two inspections, TPW reserves the right toremove the entrance. In this case, the deposit will not be refunded.

The Supervisor completing the final inspection of your driveway will be:

Name: Telephone:

4 Responsibilities

After the entrance is installed and approved, should the culvert deteriorate from age anduse, TPW will replace the entrance as required, subject to the following conditions:

a) Residential - up to one 5.5 m wide top width completely at the expense ofTPW. (Where the driveway alignment and/or gradient are such that it is notpossible to achieve a useable 5.5 m wide top width with a standard 6 mculvert length, a 9 m length may be installed.)

b) Churches, Cemeteries and other non-profit Agencies - up to two 9 m widetop width completely at the expense of TPW.

c) Commercial operations, including Lumber and Pulp Wood operations -completely at the owner’s expense.

When replacing the entrance, any existing end treatments may be removed and replacedwith rip rap as per 2.2 (d) above. Replacement pipe will be of the type commonly used byTPW at the time of replacement.

TPW will not maintain the driveway top, with the exception of normal shoulderingoperations, and in that case only to the extent of the shoulder and not the road limit. Frostheave of the culvert will only be corrected if it is causing a problem with water flow in theditch.

The owner is expected to keep the culvert free from obstructions, maintain the rip rap onthe ends and keep the top graded as to prevent water flow onto the roadway.

9TRAFFIC ENGINEERING

Jim Jerram

20 Mann St.

Bedford, NS

B4A 2W5

Bus: 902-424-6702

Fax: 902-424-7024

Cell:902-456-2045

Email: [email protected]


Rob Billard

PO Box 218

Truro, NS

B2N 5C1

Bus: 902-893-5795

Fax: 902-893-8175

Cell:902-478-0294



Robert Sweet

PO Box 1180

Sydney, NS

B1P 6J9

Bus: 902-563-2263

Fax: 902-563-0540

Cell:902-563-6228



Joe Crowell

PO Box 409

Bridgewater, NS

B2V 2X6

Bus: 902-527-5976

Fax: 902-543-5596

Cell:902-478-2457


BIKEATHON PERMIT

PLEASE CHECK THE APPROPRIATE BOX

Applicant Name _________________________________________________________

Organization Name _______________________Position___________________________

Mailing Address _________________________________________________________

_________________________________________________________

Telephone/Fax #’s _________________________________________________________

Date of Event ___________________ Length of Route _______________

Beginning Time _________________ Ending Time _______________

Number of Walkers/Cyclists/Floats _______________________________________

Age of Youngest Walker/Cyclist _______________________________________

Number of Supervisors ___________ Number of Checkpoints _________

Exact Route (Include sketch if necessary) _______________________________________

___________________________________________________________________________

Applicant’s Signature_______________________Date_____________________________

For Office Use ONLY -Do NOT Write in This Space

Distributed To:

Date__________________ Applicant ________ Area Manager _________

Area__________________ Town Police______ RCMP_______________

Permit Conditions

1. No part of the event may take place on a 100 series highway unless specifically noted as follows:

2. The highway will be kept open for normal traffic movement at all times, and vehicular traffic will not be

obstructed in any manner.

3. The entrants must obey all applicable provisions of the Motor Vehicle Act at all times. This permit does not

convey any special privileges or rights to exempt any portion of the ACT.

4. It shall be the responsibility of the applicant to ensure that all the necessary safety precautions are taken to

ensure the safety of the entrants and all other road users.

5. Children under the age of 8 walking or cycling in the parade shall be accompanied by an adult.

Additional Conditions

1. Riders are to start in small groups.

2. Riders must be in a single file on the right hand side of the highway.

Other Conditions

________________________________________________________________________

________________________________________________________________________________________________________________________________________________________________________________________________________________________

Motor Vehicle Act Reference

Permits are required under Section 90(8) of the Motor Vehicle Act which states that:

No Parade, procession or walkathon shall march, occupy or proceed along any highway not includedwithin the boundaries of a city or town unless a permit has been granted by the Provincial TrafficAuthority prescribing the route to be followed and the time when the parade, procession or walkathonmay take place.

As per section 86(2A) of the Motor Vehicle Act which states that:

The Minister may appoint District Traffic Authorities who shall perform such functions and duties andhave such powers and authorities as are prescribed by the Minister.

A similar permit is required from the Local Traffic Authority of a city or town for that portion of the route

within the boundaries of the city or town.

Approved, subject to the above conditions.

____________________________________________Date_____________________District Traffic Authority

Application Valid Until__________________________

G:\IM\TR_SERV\ALOK\permits\BIKEATHON.wpd


Jim Jerram

20 Mann St.

Bedford, NS

B4A 2W5

Bus: 902-424-6702

Fax: 902-424-7024

Cell:902-456-2045



Rob Billard

PO Box 218

Truro, NS

B2N 5C1

Bus: 902-893-5795

Fax: 902-893-8175

Cell:902-478-0294



Robert Sweet

PO Box 1180

Sydney, NS

B1P 6J9

Bus: 902-563-2263

Fax: 902-563-0540

Cell:902-563-6228



Joe Crowell

PO Box 409

Bridgewater, NS

B2V 2X6

Bus: 902-527-5976

Fax: 902-543-5596

Cell:902-478-2457


FUN RUN PERMIT


Applicant Name _________________________________________________________


Mailing Address _________________________________________________________

_________________________________________________________

Telephone/Fax #’s _________________________________________________________







___________________________________________________________________________



Distributed To:



Permit Conditions

1. No part of the event may take place on a 100 series highway unless specifically noted as

follows____________________________________________________________________________

2. No entrant may push, pull, or ride upon any item or object upon the roadway while actually participating in

the event.









1. Event is to be non-competitive.

2. Runners are to run on the sidewalks if available; otherwise, runners are to run on the left hand side of the highway.

3. All checkpoints etc. will be established on the appropriate side of the highway.

4. The start/finish area is to be off the highway.

Other Conditions________________________________________________________________________

________________________________________________________________________________________________________________________________________________________________________________________________________________________











G:\IM\TR_SERV\ALOK\permits\FUNRUN.wpd


Jim Jerram

20 Mann St.

Bedford, NS

B4A 2W5

Bus: 902-424-6702

Fax: 902-424-7024

Cell:902-456-2045



Rob Billard

PO Box 218

Truro, NS

B2N 5C1

Bus: 902-893-5795

Fax: 902-893-8175

Cell:902-478-0294



Robert Sweet

PO Box 1180

Sydney, NS

B1P 6J9

Bus: 902-563-2263

Fax: 902-563-0540

Cell:902-563-6228



Joe Crowell

PO Box 409

Bridgewater, NS

B2V 2X6

Bus: 902-527-5976

Fax: 902-543-5596

Cell:902-478-2457


PARADE PERMIT


Applicant Name _________________________________________________________


Mailing Address _________________________________________________________

_________________________________________________________

Telephone/Fax #’s _________________________________________________________







___________________________________________________________________________



Distributed To:



Permit Conditions

1. No part of the event may take place on a 100 series highway.

2. The parade marshalling and dispersal activities shall be conducted off public highways and street.

3. The traffic control for the parade shall be provided by the law enforcement agency (RCMP, Town or City),

which has responsibility for the community policing.






Other Conditions

________________________________________________________________________

________________________________________________________________________________________________________________________________________________________________________________________________________________________











G:\IM\TR_SERV\ALOK\permits\PARADE.wpd


Jim Jerram

20 Mann St.

Bedford, NS

B4A 2W5

Bus: 902-424-6702

Fax: 902-424-7024

Cell:902-456-2045



Rob Billard

PO Box 218

Truro, NS

B2N 5C1

Bus: 902-893-5795

Fax: 902-893-8175

Cell:902-478-0294



Robert Sweet

PO Box 1180

Sydney, NS

B1P 6J9

Bus: 902-563-2263

Fax: 902-563-0540

Cell:902-563-6228



Joe Crowell

PO Box 409

Bridgewater, NS

B2V 2X6

Bus: 902-527-5976

Fax: 902-543-5596

Cell:902-478-2457


RELAY RUN PERMIT


Applicant Name _________________________________________________________


Mailing Address _________________________________________________________

_________________________________________________________

Telephone/Fax #’s _________________________________________________________







___________________________________________________________________________



Distributed To:



Permit Conditions


follows____________________________________________________________________________


the event.









1. One runner per team on the roadway at a time.

2. There shall not be a convoy of vehicles accompanying the event. One vehicle with rooftop light may lead the event and

a second vehicle with rooftop light must trail the event.

3. Runner(s) should wear reflective vests.


________________________________________________________________________________________________________________________________________________________________________________________________________________________











G:\IM\TR_SERV\ALOK\permits\RELAYRUN.wpd


Jim Jerram

20 Mann St.

Bedford, NS

B4A 2W5

Bus: 902-424-6702

Fax: 902-424-7024

Cell:902-456-2045



Rob Billard

PO Box 218

Truro, NS

B2N 5C1

Bus: 902-893-5795

Fax: 902-893-8175

Cell:902-478-0294



Robert Sweet

PO Box 1180

Sydney, NS

B1P 6J9

Bus: 902-563-2263

Fax: 902-563-0540

Cell:902-563-6228



Joe Crowell

PO Box 409

Bridgewater, NS

B2V 2X6

Bus: 902-527-5976

Fax: 902-543-5596

Cell:902-478-2457


ROAD RACE PERMIT


Applicant Name _________________________________________________________


Mailing Address _________________________________________________________

_________________________________________________________

Telephone/Fax #’s _________________________________________________________







___________________________________________________________________________



Distributed To:



Permit Conditions


follows____________________________________________________________________________


the event.









1. The portion of highway on which the runners are actually running is to be closed by a “moving closure” enforced by a

member of the R.C.M.P.

2. A marked R.C.M.P. vehicle will lead the event and a marked R.C.M.P. vehicle, Fire Department, Town Police or

Ambulance will follow the last runner.

3. Runners will run on the left hand side of the road.

4. All checkpoints and stations etc.will be on the left hand side of the road so that runners do not cross the highway.

5. Start/finish area is to be off the highway.


________________________________________________________________________________________________________________________________________________











G:\IM\TR_SERV\ALOK\permits\ROADRACE.wpd


Jim Jerram

20 Mann St.

Bedford, NS

B4A 2W5

Bus: 902-424-6702

Fax: 902-424-7024

Cell:902-456-2045



Rob Billard

PO Box 218

Truro, NS

B2N 5C1

Bus: 902-893-5795

Fax: 902-893-8175

Cell:902-478-0294



Robert Sweet

PO Box 1180

Sydney, NS

B1P 6J9

Bus: 902-563-2263

Fax: 902-563-0540

Cell:902-563-6228



Joe Crowell

PO Box 409

Bridgewater, NS

B2V 2X6

Bus: 902-527-5976

Fax: 902-543-5596

Cell:902-478-2457


TERRY FOX RUN PERMIT


Applicant Name _________________________________________________________


Mailing Address _________________________________________________________

_________________________________________________________

Telephone/Fax #’s _________________________________________________________







___________________________________________________________________________



Distributed To:



Permit Conditions


follows____________________________________________________________________________


the event.









1. Event is to be non-competitive.

2. Runners are to run on the sidewalks if available; otherwise, runners are to run on the left hand side of the highway.

3. All checkpoints etc. will be established on the appropriate side of the highway.

4. The start/finish area is to be off the highway.


________________________________________________________________________________________________________________________________________________________________________________________________________________________











G:\IM\TR_SERV\ALOK\permits\TERRYFOXRUN.wpd

Division: Highway ProgramsSection: Maintenance & OperationsFunction: Office Admin. (HP 2.30.53)


Driveway Entrances

PurposeA driveway entrance is a means of crossing from a listed public highway toprivate property. A portion of this access may be a culvert or other structure upto, but not exceeding, a span of 3 metres. Specific procedures relating to theinstallation of driveway entrances must be followed.

Procedure(s)1 Permits

I. A ‘Minister’s Consent for Building and Access to Property’ permit(Form 130) is required for a driveway entrance to any publichighway.

II. Once the above application is approved, a ‘Permit for Breaking Soilof Highways’ (Form 133) is required to allow construction of thedriveway entrance.

2 Classifications and Payments

2.1 Class 1A new entrance from an existing road. The owner/applicant is responsiblefor the installation, including all costs associated with the installation. Toensure the driveway entrance is installed to Department specifications, arefundable deposit is required. The owner/applicant may apply for bothpermits at once, however, the refundable deposit must be paid up front. This deposit must be in the form of a certified cheque or money ordermade payable to the Department of Transportation and Public Works. Theamount of deposit required is $300.00.

The deposit will be refunded upon approval of the completed drivewayentrance.

In the case of churches, church halls, cemeteries or non-profit communityorganizations such as fire halls, service clubs, etc. the materials will beprovided by the Department free of charge for up to two 9 m entrances.



In some cases, such as large forestry industry companies who requiremultiple permits throughout the province during the year, a single depositin the amount of $5,000.00 may be put forward on April 1 of each year. This will serve as deposits for all permits issued during the fiscal year. This deposit must be in the form of a certified cheque or money ordermade payable to the Department of Transportation and Public Works. Insuch cases the deposit will be held at the office of the Executive DirectorMaintenance and Operations and Districts will be notified the deposit is onfile and they are no longer required to collect funds when the individualpermits are issued.

2.2 Class 2An entrance which has to be replaced or constructed as a result of someaction of the Department that has damaged, destroyed or removed anexisting entrance or made the construction of a new entrance necessary. This entrance will be replaced completely at the expense of theDepartment.

2.3 Class 3An entrance which, in the Department’s opinion, requires replacingbecause of deterioration due to age and use but which was a properlyinstalled entrance at the time of installation. This entrance will be replacedas follows:

a) Residential - up to one 5.5 m wide top width completely atthe expense of the Department. (Where the drivewayalignment and/or gradient are such that it is not possible toachieve a useable 5.5 m wide top width with a standard 6 mculvert length, a 9 m length may be installed.)

b) Churches, Cemeteries and other non-profit Agencies - up totwo 9 m wide top width completely at the expense of theDepartment.

c) Commercial operations, including Lumber and Pulp Woodoperations - completely at the owner’s expense.

2.4 Piped FrontagesPermission may be granted to pipe a ditch frontage adjacent to aDepartment road subject to the following conditions:



a) Pipe is to be new and a minimum of either 500mm diameteraluminized corrugated steel or aluminum alloy, or 450mmsmooth inside wall diameter Class 65D concrete, or doublewalled smooth interior High Density Polyethylene (HDPE)pipe—a larger pipe may be necessary where directed by theSupervisor. In all cases, pipe must conform to Departmentalspecifications. All pipes must be connected with propercouplings.

b) A swale must be constructed over the pipe a minimum of150mm lower than the existing road shoulder to catch andproperly drain any water collected from the road andadjacent property to the remaining existing ditch or catchbasin.

c) A properly constructed catch basin is to be installed for thepiped frontage at a location determined by the Supervisor. Frontages greater than 60 m will require more than onecatch basin. Catch basins will either be precast concrete,cast-in-place concrete or constructed of treated wood andmust have a proper bottom and grated top.

d) Future maintenance of the pipe system (flushing andcleaning) may be done by the Department. Should thesystem need to be replaced in the future, it will be theresponsibility of the property owner, saving and exceptingthe actual driveway portion of the frontage (see Section 2.3,Class 3).

e) Maintenance of the surface, including plow damage, will bethe responsibility of the property owner.

f) The system must be constructed at the expense of theproperty owner and done under a “Permit for Breaking Soil ofHighways.” The minimum security deposit is $500refundable, and will be established at the discretion of theArea Manager.

3 Existing/Original Entrances

3.1 Verification of Existing/Original EntrancesCases will be encountered where the owner/applicant already has anexisting entrance and is applying for the erection of a structure only. The



owner/applicant must complete the Minister’s Consent for Building andAccess to Property permit, however, will not be required to pay the$300.00 refundable deposit. The permit will be retained at the Area orDistrict Office until such time as the driveway can be verified as meetingthe Department’s specifications. If the driveway meets Departmentspecifications for intended use, the permit may be issued without requiringthe $300.00 refundable deposit. If the driveway does not meetDepartment specifications, the Area Manager will advise the applicant thata new entrance must be constructed or the existing entrance must bebrought up to Department specifications. In these cases, the applicantmust pay the $300.00 refundable deposit as per a new installation.

3.2 Problems with Improper Existing/Original EntrancesCases will be encountered where the Department cannot accept fullresponsibility for maintenance of a culvert for reasons such as improperoriginal installation, extra length, etc. Where action is required, the AreaManager will inform the owner about the problem, quoting the PublicHighways Act (Section 40, 41, and 42) Chapter 371, Revised Statutes1989 and the penalty. The owner will be given ten days to take correctiveaction. If at the end of ten days satisfactory action is not taken, formalnotice will be given by means of a registered letter. Ten days after thisformal notice is given, the Department may remove the entrance orobstruction. Any further offence will be turned over to the RCMP by letterwith a copy to the Manager of Acquisition and Disposal.

4 Instructions for the Installation of Driveway Entrances

The steps involved in constructing a driveway entrance are outlined in AppendixC. A copy should be given to the applicant.

5 Treatment of Paved Driveways on Paving or Repaving Projects

5.1 Repaving ProjectsThe Department will blend the new paved surface with the existingconnected paved driveway(s) to provide an acceptable and/or reasonabletransition.



5.2 Paving Projectsa) Existing Sidewalk - if there is a sidewalk, the section between the

roadway and sidewalk will be paved at no cost to the propertyowner. The Department will not pave beyond the sidewalk,however, a suitable transition will be made to blend an existingpaved driveway to the new roadway surface, except as in 5.2 (d).

b) Sidewalk Construction - if the project includes sidewalkconstruction, a suitable transition will be made to blend thedriveway to the new sidewalk, except as in 5.2 (d).

c) No Sidewalk - where there is no sidewalk construction, a suitabletransition will be made to blend the driveway to the new roadwaysurface where the existing driveway is paved to the centreline of theditch, or closer to the road, except as in 5.2 (d).

d) Connecting Driveway to Roadway - where the existing paveddriveway does not extend to the centreline of the ditch, NOconnection will be made unless the property owner agrees toreimburse the Department for the costs of paving between thecentreline of the ditch and the paved portion of the driveway. Totalcost to the property owner will be the actual costs as per contractunit prices (if applicable), plus 10%, plus H.S.T. Payment isrequired prior to the work being carried out, and must be in the formof a certified cheque or money order made payable to theDepartment of Transportation and Public Works.

6 Internal Department Forms

Associated with the installation of driveway entrances, there are forms which theArea Manager or their delegate must complete:

I. Minister’s Consent for Building and Access to Property (Form 130)II. Permit for Breaking Soil of Highways (Form 133)III. Acknowledgement of Deposit (see Appendix A)IV. Driveway Entrance Inspection Report (see Appendix B)

AccountabilitySupervisors and Project Engineers are responsible for ensuring compliance withthis procedure.



Approved by (Executive/Director): Bruce Fitzner Transportation & Public WorksApproval date: 06-03-15 Policies and Procedures ManualEffective date: 06-04-01 Revision date: 06-03-08

MonitoringDistrict Directors, in conjunction with Area Managers and Construction Managers,shall periodically audit this procedure’s effectiveness and make modifications asrequired.

ReferencesPublic Highways Act, Chapter 371, Revised Statutes 1989

SchedulesAppendix A - Acknowledgement of PermitAppendix B - Driveway Entrance Inspection ReportAppendix C - Instructions for the Installation of Driveway Entrances

EnquiriesManager Maintenance & OperationsOperations Analyst, Engineering & Construction



APPENDIX A

DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS

ACKNOWLEDGEMENT OF PERMIT

The attached Breaking Soil of Highways Permit K / was issued to

on , 200 .

9 Cheque / 9 Money Order in the amount of $ was received as a deposit,

Receipt Number .

The deposit indicates that the applicant will assume the task of providing all the necessary

repairs, including asphalt patching, to return the roadway to its original condition. This

payment will be held at the office. Once you are satisfied that the job is complete, please

sign and date this form and return it to the Area Office. At that time the deposit will be

returned to the applicant.

Area Manager

SUPERVISOR DATE



APPENDIX B

Transportation andPublic WorksHighway Maintenance

Driveway Entrance Inspection Report

Permit Holder Permit Number

Date Inspected G Initial Inspection G Repeat Inspection

Y N Comments

9 9 Location of Driveway Correct

9 9 Pipe Size Correct

9 9 Proper Pipe Type

9 9 Pipe in New Condition

9 9 Flow Line Clear

9 9 Minimum 12" Cover

9 9 Sufficient Finish Gravel (Type 1)

9 9 Sufficient Rip Rap

9 9 Shoulder Left in Good Condition

9 9 Ditch Left in Good Condition

9 9 Proper Driveway Slope

� Pass � Fail

Conditions in the comment column must be remedied before driveway can be passed. Once driveway is ready

for inspection, or if you have any questions, please call and ask for

.

Inspected By:



APPENDIX C

Instructions for the Installation of Driveway Entrances

1 Step 1 - Permits

Complete an application for “Minister’s Consent for Building and Access to Property”(Form 130). A representative from the Department of Transportation & Public Works(TPW) will assess the proposed entrance for adequate sight distance and determineif a drainage culvert is required, and if so, the size required. To aid in this, you arerequested to mark the proposed entrance with stakes prior to making yourapplication. You will be notified (within 7 working days) if the application has beenapproved and what size culvert, if any, is required.

Once the permit is approved, you will be required to obtain a “Permit for BreakingSoil of Highways” (Form 133) from TPW to allow you to construct the driveway. Toensure the driveway entrance is installed to TPW specifications, a refundabledeposit is required. Both permits may be applied for at once, however, you mustpay the refundable deposit up front. This deposit must be in the form of a certifiedcheque or money order made payable to the Department of Transportation andPublic Works. The amount of deposit required is $300.00. This deposit will berefunded upon approval of the completed driveway entrance.

If an entrance already exists to the lot, and meets TPW specifications, an accesspermit will be required, however, no deposit is necessary.

2 Step 2 - Construction of the Driveway Entrance

The applicant is responsible for all aspects of construction, including but not limitedto: supply of culvert pipe and backfill materials, rip rap, labour, traffic control andenvironmental measures. While the work may be completed by the applicant or acontractor engaged by the applicant, ultimate responsibility for the installation restswith the applicant. The applicant must notify the Supervisor named on their permita minimum of 24 hours prior to beginning installation.



2.1 Environmental Protection

Every effort should be made to expose as little soil to the elements aspossible during the construction process. If the culvert is within 100 m of awatercourse, or there is any chance that sediment may enter a watercoursethen erosion and sedimentation control measures must be employed, inaccordance with NS Department of Environment and Labour regulations.

2.2 Materials

a) Culvert Pipe: Unless warranted by specific conditions as determinedby TPW staff, pipe size for a new culvert installation shall be aminimum of either 500mm diameter aluminized corrugated steel oraluminum alloy, or 450mm smooth inside wall diameter Class 65Dconcrete or double walled smooth interior High Density Polyethylene(HDPE) pipe. In the case of open top culverts, treated wood may beused, however the design of the structure must be approved by theSupervisor. Driveway top shall be a minimum of 5.5 m (18 ft.) wide,the length of pipe will vary with the depth of the ditch. The maximumwidth of driveway top should be 10 m (33 ft.).

b) Backfill: material shall be 20-25mm (¾ -1 in.) gravel or good native soilwith no stones over 75mm (3 in.) in the largest dimension. Slate maybe used only if it is from a source approved by the NS Department ofEnvironment and Labour.

c) Top Material: shall be 100-150mm (4-6 in.) of Type 1 (20mm or ¾ in.)gravel, sloped to prevent water from running onto the roadway.Minimum slope requirement is 2%. If pavement is desired, it shouldconsist of a minimum of 75mm of hot mix asphalt on a bed of 100-150mm of Type 1 gravel.



d) Rip Rap: minimum wall thickness shall be 400mm, therefore, materialshall be 400-500mm (16-18 in.) flat stones. Slate may be used onlyif it is from a source approved by the NS Department of Environmentand Labour.

2.3 Bed Excavation

a) Prepare an area for the pipe in the lowest point of the ditch, alignedwith the direction of flow.

b) All organic material (grass, bushes, etc.) under the length of the pipeshall be removed before placing pipe.

c) Excavate ditch to a depth of 150mm (6 in.) below existing flow line ofditch.

d) Fill excavated area with 125mm (5 in.) of Type 1 gravel.

2.4 Pipe Installation

a) Place pipe on the prepared bed of gravel, following the natural slopeof the ditch. This should allow the pipe flow line to be approximately25mm (1 in.) below the flow line of the ditch.

b) If two or more pieces of pipe are required, join with approved couplers,available from the pipe manufacturer. Install couplers as permanufacturer’s instructions.

c) Backfill approximately 150mm (6 in.) deep on each side of the pipeand compact with a vibrating compactor. Continue to backfill in150mm layers and compact on each side of the pipe before addingmore fill. Compacted fill must be kept even on both sides of pipe andmust extend the width of the ditch. When backfill material is verygranular, clay material should be used to seal the ends to preventwater from flowing through the backfill material.



c)

d) Place rip rap across the upstream and downstream ends of theinstallation as soon as possible to prevent erosion. Concrete endwalls may only be used on the installation with approval of theSupervisor.

e) Once backfilled, place top material. Backfill plus top material shouldextend a minimum of 300mm (1 ft.) above the top of the pipe.



3 Step 3 - Inspection

A driveway is considered to be complete when the following conditions have beenmet:

• Culvert is in new condition with no major dents or bends through itslength.

• Culvert is of the size noted on the “Minister’s Consent For Building andAccess to Property” permit (Form 130).

• Rock rip rap, made of stones at least 300mm (12 in.) in length and400mm (16 in.) deep, is placed on the ends to within 100mm (4 in.) ofthe finished top surface. Other end treatments may be used with priorapproval of Supervisor shown below.

• There is at least 300mm (12 in.) of cover over the pipe with the top150mm (6 in.) being gravel with stones no larger than 20mm (Type 1gravel) from the road edge to the edge of the highway right-of-way(approximately 10 m [33 ft.] from the centre of the road).

• Driveway is level with the road shoulder where it meets the road.

• The ditch and road shoulder are left in a neat condition.

• The driveway is sloped so that any water exiting the property via thedriveway will enter the ditch rather than run onto the road.

Once the driveway entrance is completely installed, notify the Supervisor to arrangefor an inspection. If the Supervisor is satisfied with the installation, he will approverefund of the deposit. If not, you will be notified of the deficiencies and asked tocorrect them. A reinspection will then be required.

If the driveway is not installed properly after two inspections, TPW reserves the rightto remove the entrance. In this case, the deposit will not be refunded.

The Supervisor completing the final inspection of your driveway will be:

Name: Telephone:



4 Responsibilities

After the entrance is installed and approved, should the culvert deteriorate from ageand use, TPW will replace the entrance as required, subject to the followingconditions:

a) Residential - up to one 5.5 m wide top width completely at theexpense of TPW. (Where the driveway alignment and/or gradient aresuch that it is not possible to achieve a useable 5.5 m wide top widthwith a standard 6 m culvert length, a 9 m length may be installed.)

b) Churches, Cemeteries and other non-profit Agencies - up to two 9 mwide top width completely at the expense of TPW.

c) Commercial operations, including Lumber and Pulp Wood operations -completely at the owner’s expense.

When replacing the entrance, any existing end treatments may be removed andreplaced with rip rap as per 2.2 (d) above. Replacement pipe will be of the typecommonly used by TPW at the time of replacement.

TPW will not maintain the driveway top, with the exception of normal shoulderingoperations, and in that case only to the extent of the shoulder and not the road limit.Frost heave of the culvert will only be corrected if it is causing a problem with waterflow in the ditch.

The owner is expected to keep the culvert free from obstructions, maintain the riprap on the ends and keep the top graded as to prevent water flow onto the roadway.

Division: Highway ProgramsSection: GeneralFunction: Office Admin. (HP 2.10.4)


Disposal of Surplus Highway Right-of-Way

PurposeLand owners who abut a TPW right-of-way which is no longer used as aroadway, or abut small severed parcels of TPW land which have no stand-alonevalue, may request to purchase this surplus land from the Department. Thisprocedure details the steps to be taken in response to a request to purchase.

Procedure(s)1 Handling Requests to Purchase

All requests by citizens to purchase surplus highway right-of-way will be initiatedby submitting to the Area Manager a “Request to Purchase Surplus Property”form (attached Appendix ‘A’) along with an application fee of $150.00. Uponreceiving approval in principle from the District Director, the Area Manager willdeposit the application fee of $150.00 to the designated account for SurplusFund, 221504 (in accordance with the Surplus Holding Fund procedure) andforward the deposit receipt with the application for disposal to the Manager ofAcquisition and Disposal. The fee will be credited to the purchase price of theland; in the event that the applicant decides not to pursue the purchase of thesurplus property, the application fee will be kept by the Area Manager and will notbe refunded. The purpose of the fee is to cover administrative costs associatedwith the application.

The Area Manager will express his/her recommendation to the District Directorafter considering the following:

1.1 Whether services such as water, sewer, or pole lines are on or overthe lands, as it will be necessary to protect these facilities with aneasement.

1.2 The Department will retain right-of-way equivalent to the existingwidth of right-of-way of the balance of the road, except wherecircumstances warrant a greater right-of-way width. Only undervery unusual circumstances would the Department retain less right-of-way than the existing width of right-of-way of the road.



1.3 If more than one abutter is involved, the prospective purchasershould obtain releases from abutting property owners and anytransaction must not cause an adjacent property complete loss ofaccess.

1.4 When a satisfactory right-of-way plan exists for the portion of land inquestion, district staff will include, with the property purchaserequest, a location plan of sufficient scale (eg. 1:50,000) noting theapproximate location of the land.

1.5 The application form will ask if the applicant(s) intend to migratetheir abutting land in the Land Registration System within the next6-12 months. This is required for Acquisition and Disposal staff tofurther inquire and advise on registration details pursuant to theLand Registration Act. It is advised that applicants who do not havetheir lands already migrated in the Land Registration System wait todo so until they have title to the surplus road parcel for ease ofprocessing.

1.6 The Area Manager will forward the request to purchase the propertywith their recommendation to the District Director to declare theproperty surplus.

1.7 If the Area Manager deems the property not to be surplus toHighways’ needs, the applicant shall be notified and the $150.00application fee returned to the applicant.

2 Highways Surplus Property Identification

2.1 If the District Director approves the Area Manager’srecommendation, they, or their designate, will notify the applicantthat the property is surplus to Highways’ needs. At the same time,they will notify the applicant that their request has been forwardedto the Manager of Acquisition and Disposal to determine if theproperty is surplus to Provincial needs.

2.2 If the District Director is not in favour, the Area Manager will benotified who will in turn notify the applicant and return theapplication fee.



3 Provincial Surplus Property Identification

3.1 Upon receiving the District Director’s notification of land surplus toHighways’ needs, the Manager of Acquisition and Disposal willcontact the Department of Natural Resources in accordance withthe Province of Nova Scotia Real Property Disposal Policy. TheAcquisition and Disposal Section will request the Provincial CrownLand Record Centre determine whether the lands are indeedsurplus to the Province.

3.2 If there is Provincial interest in the property, a transfer ofadministration and control will be made to the appropriate Department, Agency, Board, or Commission and the applicant willbe so notified and the application fee returned.

3.3 If no Provincial interest is expressed in the property, Acquisition andDisposal will consult with the local Municipal government to see ifthey have an interest in the property or concern regarding apossible sale before notifying the applicant.

4 Action after Provincial Surplus Property Identification

4.1 Letter to ApplicantIf no Provincial interest is expressed in the property and afterconsulting with the local Municipal Government, Acquisition andDisposal will notify the applicant of the value of the property orappraisal requirements, required taxes, easements, and surveyrequirements, if necessary.

4.2 Right-of-Way PlanWhen a satisfactory right-of-way plan for the portion of land inquestion DOES NOT exist, the purchaser shall have a satisfactoryplan prepared by a certified Nova Scotia Land Surveyor.

The Department will not normally perform any survey work in suchinstances; however, if exceptional circumstances do exist to dictateotherwise, the purchaser will be required to pay to the Departmentthe estimated additional cost for surveying and preparation of plan.



The Department will perform survey work at its own cost where theconveyance of a section of surplus highway forms part of thesettlement for lands required for highway purposes, provided thatthe person to whom such conveyance is proposed is the owner oflands abutting on the section of surplus highway proposed to beconveyed.

4.3 Manager of Acquisition and Disposal, or designate, will, prior todisposal, ensure that any services that cross the property toadjoining properties are protected by easements.

4.4 All purchase and sale agreements must be subject to Governor-in-Council approval.

4.5 Upon approval of Executive Council, closing of the sale is arrangedand Crown Lands Record Centre, Assessment Services, andTransportation and Public Works’ Risk Management staff arenotified of the sale.

4.6 The Manager of Acquisition and Disposal must also ensure the netproceeds of the sale (proceeds of sale less operating costs,marketing costs, demolition costs, etc.) are forwarded to theTransportation and Public Works’ Finance Division.

AccountabilityArea Managers, District Directors, and the Manager of Acquisition and Disposal,are responsible for ensuring that this procedure is adhered to.

MonitoringHighway Programs staff, in conjunction with field staff and the Acquisition andDisposal Section, will periodically audit this procedure’s effectiveness and makemodifications as required.

ReferencesProvince of NS Real Property Disposal PolicyPublic Highway’s ActLand Registration Act



Approved by (Executive/Director): Doug Stewart, Chief Eng. Transportation & Public WorksApproval date: 07-03-13 Policies and Procedures ManualEffective date: 07-03-13 Revision date: 07-03-13

Expropriation ActSurplus Crown Disposal ActTransportation and Public Works’ Real Property Disposal Procedure

AppendicesAppendix A - Request to Purchase Surplus Property

EnquiriesHighway Programs

Revision date: Sept 2006 PR5002 Disposal of Surplus Highway Right-of-Way Appendix A

REQUEST TO PURCHASE SURPLUS PROPERTY

I, ,wish to purchase surplus highway right-of-way located (Please print)

at or near , County of .(Community)

Signature

ROAD DATA BUYER INFORMATION

Road Name Address

Auth Number City/Town

Location Province

County Postal Code

PID No. Phone No.

E-mail

Do you want correspondence by e-mail (where applicable) Y N

UTILITIES INFORMATION: SUPPORTING DOCUMENTS ATTACHED:

Yes No Yes No

Power Lines � � Deed � �

Telephone Lines � � Adjoiner’s Letter(s) � �

Water Lines � � Sketch � �

Sewer Lines � � Survey Plan � �

Right-of-Ways � � Has adjoining property been migrated to� �

Easements � � the Land Registration System?

Others _____________________ If No, will it be in the next 6-12 months? � �

Land Value: Comments:

Suggested Land Value: $___________ per __________

Acquisition & Disposal Officer

APPROVALS:

I recommend that this property is Surplus to the I declare this property Surplus to the Department’sDepartment’s needs. needs.

_____________________________________________ ___________________________________________________

Area Manager District Director

Application fee: $150- Fee will be credited against purchase

price;

- Applicant forfeits fee if land is not

purchased.

File #

upgrading of k class roads by private parties

Documents