1. Purpose

The purpose of this policy is to:

• Ensure that vehicle crossings providing safe and efficient access to a public road and are constructed to a suitable standard, appropriate to their location and use;
• Minimise impacts on road user and to improve pedestrian safety;
• Prevent damage to road infrastructure.

2. Background

The Local Government Act 1974, Section 335, requires the property owner or occupier to be responsible for, and pay the cost of, construction or upgrade to the vehicle crossing. These costs include the removal of redundant crossings and any required relocation of services and / or road side features where applicable, under the provisions of the Bylaw.

Timaru District Consolidated Bylaw 2013, Chapter 2 – Public Places and Chapter 10 – Traffic, empower Council to enforce under Section 335 of the Local Government Act 1974. Within the District Plan, there are defined standards and requirements that the public will be required to meet.

This policy defines the requirements of vehicle crossings, for the owners / occupiers, and the Council.

3. Key Definitions

• Bylaw   Timaru District Consolidated Bylaw 2013. (Mainly Chapter 2 – Public Places, and Chapter 10 – Traffic.)
• Footpath   Any part of the road or public place that is laid out or constructed by authority of Council for pedestrian use.
• Modification   This includes but is not limited to repair; reconstruct; renew.
• Owner / Occupier   This is the property owner / occupier of any premises to which the vehicle crossing provides access.
• TDC   Timaru District Council.
• Unsafe   This is in regards to visibility, location and construction of the vehicle crossing.
• Vehicle   This shall have the same meaning assigned to it by the Land Transport Act 1998 (as amended).
• Vehicle crossing   The part of a road from the kerb to the boundary of the land or premises adjoining the road that is used for the purpose of giving entry or access for vehicles of any description, or that part of the road between the formed carriageway and the property boundary.

4. Policy

The following are policy statements for the Vehicle Crossing Policy:

General

1. All property accesses shall have formed vehicle crossings to Council requirements and consent. No person shall take / drive / operate / wheel a vehicle or permit the same to be taken or driven across any footpath or water channel. (Refer to Bylaw Clauses 228.1, 229.1 and 1003.1.)
2. All vehicle crossings onto sealed roads shall be sealed.
3. All vehicle crossings shall be constructed by a Council Approved Contractor.
4. All vehicle crossings shall be constructed according to TDC specifications.
5. Council will provide property owners the opportunity to upgrade or install new vehicle crossings, at property owners’ expense, in conjunction with street upgrades, new footpath installation or renewal of footpaths at a contract rate cost excluding the footpath area.

Approval

6. Any proposed new vehicle crossing to a private property or any modification to any such existing vehicle crossing shall require specific Consent by Council. (Refer to Bylaw Clauses 228.2 and 228.3.)
7. Any proposed new vehicle crossing to a private property or any modification to any such existing vehicle crossing adjoining a state highway will require specific approval by the appropriate road controlling authority. (Refer to Bylaw Clause 1004.1.)
8. Vehicle crossings location and width shall comply with the provisions of the Timaru District Plan.
9. Vehicle crossing construction shall comply with Council specifications and require Council consent prior to construction.  All residential sealed vehicle crossings and those generally used by light vehicle traffic shall be surfaced with asphaltic concrete (AC or asphalt). Vehicle crossings for industrial or commercial activities with heavy vehicle use shall be constructed of reinforced concrete. Rural sealed vehicle crossings may be asphalt or two coat chip and bitumen seal.

Responsibility

10. The property owners / occupiers shall pay the actual costs for the installation of the vehicle crossing. (Refer to Bylaw Clause 228.3.)
11. The property owners are responsible for the maintenance of the rural vehicle crossings.
12. The Council is responsible for the maintenance of urban vehicle crossings.
13. The Council shall ensure that vehicle crossings are constructed in accordance with the defined Council standards and consented. (Refer to Bylaw Clause 1004.1.)
14. The Council may deem a vehicle crossing as unsafe or non-compliant and may require the owner / occupier to carry out repairs / upgrades / modifications, or pay a sum of money necessary to reconstruct / renew the crossing by Council. (Refer to Bylaw Clause 228.4.)
15. No obstruction shall be placed in the roadside drainage channel to form a vehicle crossing of any nature.
16. Where a culvert pipe exists under a rural vehicle crossing, it is the property owner’s responsibility to ensure the pipe is kept clear and does not cause a flooding nuisance or damage to the road.
17. Any damage to vehicle crossings and repair thereof shall be the responsibility of the person, owner, contractor or organisation that caused the damage.
18. Vehicle crossings shall not obstruct the flow of water unless specifically designed to do so and Council approved.

Temporary / Infrequent Use Crossings

19. The Council shall impose terms and conditions, including the provision for crossing for temporary purposes over any footpaths or water channels in the District.
20. The property owners / occupiers are responsible for providing adequate protection to footpaths, water channels, or vehicle crossings, when used in the usual course of business that may cause damage. (Refer to Bylaw Clause 230.1.)
21. The placing of loose metal over a footpath and / or kerb and channel, is not an acceptable method of protection. (Refer to Bylaw Clause 230.1.)

Adopted 29 April 2014 District Services Committee

Last updated: 24 Feb 2021