Council, at their regular meeting held on Monday September 10th, 2018, Council has approved a procedure for upgrading roads as local improvements (By-Law 116-2018). Now, property owners of Chatham-Kent can submit a request to upgrade a road adjacent to their property.   

There are three types of upgrade requests that can be considered:

  1. Converting a gravel road to asphalt or BST (tar & chip)
  2. Converting a BST (tar & chip) road to asphalt
  3. Improving the pavement quality of an asphalt or BST (tar & chip) road

Ontario Regulation 586/06 of the Municipal Act, 2001 allows municipalities to raise the cost associated with undertaking a capital work, like upgrading a road, from owners of properties abutting the proposed work. This means that the cost associated with a successful proposed local improvement project becomes the responsibility of owners whose properties abut the defined project. 

The Process

1.  Owners submit petition (available on the right pane of this webpage)
2.  Municipality evaluates petition for sufficiency
3.  Municipality reviews sufficient petition and estimates project cost
4.  Municipalityprovides owners a Notice of Intention
5.  Council passes a local improvement by-law
6.  Engineering consultant provides a detailed engineering design
7.  Engineering consultant manages the tendering process
8.  Successful tender bidder implements the project
9.  Municipality assess properties and determines special charges
10. Council passes a special charge by-law
11. Owners pay their special charge(s) through property taxes

Applying for a Road Upgrade or Improvement

To propose a road upgrade or improvement, owners must download the road upgrade petition available on this website, complete it, and submit it to the Municipality at the following location:

Municipality of Chatham-Kent Civic Centre
315 King Street West
Chatham, ON N7M 5K8

In the petition, owners will define the following:

  • Location of proposed upgrade or improvement
  • Scope of the propsed upgrade or improvement
  • Type of upgrade or improvement

The petition also provides a general estimate of upgrade costs, so that owners understand their commitments. By signing the petition, an owner is confirming understanding of the proposal, estimated cost, and factors that may affect the cost.

Once the petition is submitted to the Municipality, the Municipal Clerk will evaluate it for sufficiency. A sufficient petition is one that satisfies two conditions: 

  1. Signatures of 2/3 of owners whose lots are liable to be assessed
  2. Signed owners represent 1/2 of the total value of the lots liable to be assessed

Only a sufficient petition will be reviewed by Infrastructure and Engineering Services (IES) to provide an initial estimate. 

Objecting to a Road Upgrade or Improvement

Once owners receive the Notice of Intention from IES and before Council passes a local improvement by-law, owners have 30 days in which they can submit a petition against undertaking the proposed work. A sufficient petition against the work satisfies two conditions: 

  1. Signatures of the majority of owners whose lots are liable to be assessed
  2. Signed owners represent 1/2 of the total value of the lots liable to be assessed

Only sufficient petitions against undertaking a work received by the Municipality within the allotted timeframe will have the power to cancel the proposed project. 

Estimating the Project Cost

The online petition form includes approximate costs per road kilometre that help owners estimate the cost of their proposal. However, a number of factors can affect the project cost including road geometry, surfacing type, base work, utility relocation/replacement, drainage work, and land purchasing.

Effectively, there are four stages of estimating a project cost:  

  1. At-Signing Estimate:
    An estimate derived by owners using figures indicated in the online petition form. This high-level estimate considers only the cost of paving a road segment with asphalt or BST (surface cost).

  2. Desktop Review Estimate
    An estimate performed by IES staff through a desktop review, which will be identified in the Notice of Intention. This estimate considers the road geometry, surfacing cost, partial utility relocation/replacement, and potential land purchasing.

  3. Engineer's Estimate
    This estimate is based on field investigations and detailed project design performed by a third-party engineer. It considers all factors that may affect the total project cost. This estimate calls for an investment of approximately $30,000. 

  4. Tender Price
    The tender price is usually within 10% of the engineer's estimate, but may vary according to received bids. 


Owners whose lots are liable to be assessed are responsible for paying their share of the actual total project costs after project implementation.
Please note that all owners benefitting from the road upgrade or improvement take part in levying the project cost. 

Repayment Options

After project implementation, the Municipality will assess each benefitting lot and allocate a special charge to lot owners. The special charge will take a priority lien status and will be recovered by adding it to the owner's property tax roll.

Owners may pay their special charge(s) in a lump sum or in regular payments. Owners must follow the Municipality's policies relating to financing options and interest rates (i.e. By-law 183-2017). 

Resources

Want to learn more about the local improvement process, special charges, and cost recovery? Refer to the following resources: 

  1. Report to Council: Road Upgrade as a Local Improvement
  2. By-Law 116-2018
  3. O. Reg. 586/06: Local Improvement Charges - Priority Lien Status
  4. Report to Council: Amendment of By-Law 266-2000 - Uniform Local Improvement Chages for All Works Constructed under the Local Improvement Act
  5. By-Law 183-2017