REPORT TO

MAYOR AND COUNCIL

PRESENTED: JUNE 1, 2009 - SPECIAL MEETING REPORT: 09-77

FROM: ENGINEERING DIVISION FILE: 5400-10-007
SUBJECT: PAVEMENT CUT POLICY

RECOMMENDATION(S):
That Council receive the report, Pavement Cut Policy; and further

That Council adopt the Pavement Cut Policy and direct that all fees and charges associated
with the Policy be incorporated into the Fees and Charges Bylaw.

EXECUTIVE SUMMARY:
Safe, serviceable roads and streets are essential to the economic vitality of cities. Our
roadways are regularly impacted by utility construction and maintenance activities of
developers, utility companies and the Township. Each time the asphalt surface is cut it is
degraded and the requirement for future maintenance increases.

The Township requires and specifies that all repairs to pavement cuts must be carried out in
accordance to the specifications of the Master Municipal Construction Documents (MMCD).
While we have achieved some success with the current practises, pavement failures are
occurring and will continue to escalate unless more stringent procedures and rules are put in
place. To that end this report is recommending that a Pavement Cut Policy be implemented to
address the impacts of utility cuts on public roads.

Staff have reviewed the policies and bylaws of Vancouver, Surrey, Richmond and Coquitlam
who have established pavement cut fees. Staff is proposing to model the Township’s pavement
cut policy based on information gathered.

The intent is to recover all costs associated with the Pavement Cut Policy, including
administration, inspection, and final pavement restoration work. It is expected that
implementation of the proposed Pavement Cut Policy will be cost neutral to the Township in that
fees collected will offset expenditures to repair road cuts. Staff will review costs periodically and
adjust fees, through the Fees & Charges Bylaw, as required, to match actual costs.

PURPOSE:
To seek Council’s approval to implement a Pavement Cut Policy and to incorporate the
associated fees and charges within the Fees and Charges Bylaw.
PAVEMENT CUT POLICY
Page 2 . . .

BACKGROUND/HISTORY:
The Township of Langley has 930 centre line kilometers of paved roads in 2009. This
represents an estimated pavement asset value of between $450 - $500 million. Over the past
three to five years, expenditures to maintain and rehabilitate these roads have ranged from $1.8
to $3.1 million annually.

Safe, serviceable roads and streets are essential to the economic vitality of cities. Our
roadways are regularly impacted by utility construction and maintenance activities of
developers, utility companies and the Township. Each time the asphalt surface is cut it is
degraded and the requirement for future maintenance increases. The impact of all these works
on pavement infrastructure has been a concern of public agencies for years and has been
studied extensively.

The key results of these studies are summarized as follows:

x The presence of utility cuts in the roadway results in lower measured pavement
condition ratings, compared to pavements of the same age with no utility cuts.
x The presence of utility cuts and accelerated pavement deterioration is linked to reduced
pavement life.
x Even with the highest quality workmanship in the repair of utility cuts, where care has
been taken to ensure there is a reduction in the structural damage to pavements, it has
been shown that a lower ride quality and increased cracking still result; and therefore,
the overall service life of the roadway is diminished.
x Testing has shown that trenching operations reduce pavement strengths in a zone 1
meter to 2 meters either side of the centerline of the trench, and therefore it is not just
the area of the cut that is weakened.
x Improperly sealed pavement cuts allow water intrusion, which over time results in the
loss of fines in the base and subgrade of the pavement and consequently a loss of
pavement strength. This can occur with the best patching and backfill practices, and
clearly the more cuts on a pavement, the higher the possibility of water intrusion and
subsequent loss of strength.
x Whenever a pavement is cut it affects the ride experienced until a full overlay or
reconstruction of the pavement has occurred.

The Township’s requires and specifies that all repairs to pavement cuts must be carried out in
accordance to the specifications of the Master Municipal Construction Documents (MMCD).
However, the long term success of pavement cut repairs will be dependent on:
x Adequate inspection to ensure that proper construction techniques are followed,
x A record keeping system to track the responsible parties for the cuts, and
x Follow up repairs to maintain ride-ability and structural integrity of the road.

While we have achieved some success with the current practices, pavement failures are
occurring and will continue to escalate unless more stringent procedures and rules are put in
place. To that end, this report is recommending that a Pavement Cut Policy be implemented to
address the above issues.

Presently, restorations of pavement cuts are being performed by many parties such as: BC
Hydro, Terasen, Telus, developer contractors, construction contractors, and Township crews.
While in many cases there is a semblance of care, some of the repairs are inferior, and
generally there is insufficient respect and regard for the impact on the Township’s roadways.
PAVEMENT CUT POLICY
Page 3 . . .

DISCUSSION/ANALYSIS:
Some local governments have been able to mitigate the negative impact of road cuts on its
infrastructure by instituting a flat charge pavement repair system either through a bylaw or
policy. Typically these systems include:
x The responsible party carrying out the temporary repairs performed, following MMCD
specifications.
x A series of fees which are taken by the municipality to be used for the final restoration of
the pavement cut.

Municipalities utilize these funds to carry out a permanent restoration of the utility cut after an
appropriate period of time has elapsed to ensure settlement has concluded. During the
intervening time, municipalities become responsible for monitoring and inspecting the cuts to
ensure safe pavements on roadways. With this process, municipalities are able to expedite
repairs and thereby minimize disruption to those travelling on poorly repaired roads.

This report proposes the implementation of the Pavement Cut Policy (Attachment A), to address
the issues around pavement cuts in the Township. Upon Council’s approval, the proposed fees
and changes will be implemented as soon as possible. The intent is to recover all costs
associated with the Pavement Cut Policy, including administration, inspection, and final
pavement restoration, through the fees and charges listed. It is also intended that the fees and
charges will be reviewed annually and adjusted to reflect market conditions.

The implementation of the Pavement Cut Policy will also incorporate a five year moratorium on
the cutting of new pavements. However, there should be some flexibility for granting variances,
as occasionally utility companies, property owners or developers encounter situations where
there is no practical alternative to cutting asphalt. In these situations, it will be incumbent on the
permittee to satisfy the General Manager, Engineering, or designate, that such cuts could not be
foreseen, to demonstrate that the work planned could not have been undertaken prior to the
road being paved, and to demonstrate that there is no practical alternative to cutting the newly
paved road.

All proposed rates would be based on the measured area of the pavement cut, with a minimum
charge per project to cover restoration crew and equipment mobilization. The proposed fees
and charges have been derived using current unit rates from our recent pavement repair
contracts and include an allowance for administration and inspection:

Pavement - $65.00/m2 Includes $10.00/m2 for a

Reinstatement Fee - Minimum charge $400.00 “Pavement Degradation Fee” to
compensate for the reduction in
pavement life caused by utility cuts
Penalty Charge - $25.00/m2, Penalty Charge would be billed to
- Minimum charge $250.00. the Permittee in cases where the
Permittee has failed to notify the
Township with sufficient notice to
inspect the works in progress.
Urgent Pavement - Actual Cost, Urgent Pavement Repair Fee is
Repair Fee - Minimum charge of $1500 charged to the Permittee when the
(includes 3 hours of work at Permittee fails to repair a utility cut
$500/hr.) when notified to do so in a timely
fashion and municipal crews are
called in to perform the repairs.
PAVEMENT CUT POLICY
Page 4 . . .

Public Utility companies are regulated under senior government legislation such as the
Telecommunications Act, Pipeline Act, Gas Utility Act, Hydro and Power Authority Act, and the
Utility Commissions Act. These acts allow certain public utilities to enter a municipality and
place their facilities in a public street. Utility companies are, however, required to make good
any damages they cause. All public utility companies will be expected to participate in the
Pavement Cut Program and pay the described Pavement Reinstatement Fee and Pavement
Degradation Fee. While public utilities are covered by the fees, by mutual agreement some
utility companies have been allowed to undertake final pavement cut reinstatements and are
exempted from the fees.

Locally, the cities of Vancouver, Surrey, Richmond and Coquitlam have established pavement
cut fees. Staff has reviewed the policies and bylaws from other jurisdictions and is proposing to
model the Township’s policy after Surrey. It is felt that many of the contractors and developers
working in Surrey are also working in the Township. Having a policy that closely resembles our
neighbour’s would aid in its effectiveness.

Financial Implications
It is expected that implementation of the Pavement Cut Policy will be cost neutral, in that fees
collected will offset expenditures to repair road cuts. Staff will review costs periodically and
adjust fees as required to match actual costs. It is advisable that fees be adjusted annually to
avoid large increases at any one time. An account would be established to carry forward
unspent fees collected for future years’ repairs.

Respectfully submitted,

Rene M. Payer
MANAGER, OPERATIONS
for
ENGINEERING DIVISION

This report has been prepared in consultation with the following listed departments.

CONCURRENCES
Division Name
FINANCE DERRICK SPARKS
COMMUNITY
RAMIN SEIFI
DEVELOPMENT

ATTACHMENT A PAVEMENT CUT POLICY.

ATTACHMENT B TOWNSHIP SPECIFICATIONS (TLR 24, TLR 25, TLR 26 and TLR 27)
 ATTACHMENT A

POLICY MANUAL

Subject: Pavement Cuts Policy No: 05-

Approved by Council:
Revised by Council:

1. Purpose
1.1. To establish criteria and standards to regulate when pavement cuts will be permitted,
how pavement cuts will be temporarily repaired and maintained until final
restoration is completed, and to define fees and charges related to pavement cuts
within Township highways and roads.

2. Background
2.1. Utility cuts in established pavements affect the overall performance of the roadway
and reduce its serviceable life and ride-ability. It is necessary that policy for
pavement cuts be defined so the Township’s highway and roads network is
maintained to ensure for safety, longevity, ride quality, and appearance.

3. Related Policy
3.1. Fees and Charges Bylaw
3.2. Subdivision and Development Control Bylaw
3.3. Township of Langley Highway and Traffic Bylaw

4. Policy
4.1. The General Manager, Engineering, or his designate, may issue a “Highways Use
Permit (HUP)” for certain uses of a highway that may otherwise be prohibited by the
bylaw.

4.2. All pavement cuts must be authorized through a Township HUP; Applicants are
required to remit a permit fee.

4.3. No pavement cuts are permitted on any highway or roadway that has been
constructed or repaved within the last five years. It shall be incumbent on the
permittee to satisfy the General Manager, Engineering, or designate, that such cuts
could not be foreseen, to demonstrate that the work planned could not have been
undertaken prior to the road being paved, and to demonstrate that there is no
practical alternative to cutting the newly paved road. Terms for reinstatement will be
at the discretion of the Township.
Pavement Cut Policy
Page 2 of 2

4.4. Pavement cuts on Township roads will only be permitted for work essential for the
provision, maintenance and repair of the underground utilities and services where
there is no practical alternative to avoid such cuts.

4.5. Pavement cuts, where permitted, shall be reinstated to the standards prescribed by
the Township specifications (TLR 24, TLR 25, TLR 26 and TLR 27) as amended
from time to time, which are established to ensure safety, longevity, riding quality,
and aesthetics of the pavement.

4.6. Where a HUP has been issued for a pavement cut, the applicant will be responsible
to initially replace the asphalt as per Township’s specifications and remit a non-
refundable “Pavement Reinstatement Fee” for restoration work.

4.7. The Applicant is responsible for the maintenance of the pavement cut(s) for a
minimum of one year, or until final acceptance of the work.

4.8. The Applicant is responsible to notify the Township’s Pavement Technologist two
weeks prior to commencement of construction for inspection purposes. Where the
Applicant fails to provide sufficient notice, a non-refundable “Penalty Charge” will
be applied and charged to the Applicant.

4.9. Where the Applicant fails to repair a utility cut when notified to do so in a timely
fashion, and the Township undertakes to perform the repairs, an “Urgent Pavement
Repair Fee” will be charged to the Applicant.

4.10. The Township will complete the final restoration at the cost of the Applicant. In
certain circumstances, where it is mutually beneficial for the Applicant to undertake
the final restoration, the Applicant will remit a “Pavement Degradation Fee” to
compensate for the reduction in pavement life caused by the utility cuts and be
permitted to make the final restoration in accordance with 4.5 above.

4.11. All costs associated with this policy including administration, inspection, and
reinstatement will be offset through fees and charges established and as amended
from time to time.
.
4.12. Township staff shall coordinate and monitor the works of BC Hydro, Telephone, Gas
and Cable (public agencies).

f:\data\council\2009 agenda\06_01\special agenda\pavement cut policy.doc

 APPENDIX "B"
ARTERIAL COLLECTOR AND LOCAL ROADS

A. X-CUT B. DIAGONAL CUT

CL
CL
400 min 400 min
400 min
LANE WIDTH

LANE WIDTH
400 min

MILL MILL

EDGES OF ORIGINAL CUTS

C. MULTI-SERVICE CUTS
MILL
LANE WIDTH

400 min X 400 min

CENTRELINE

X = 5m OR LESS

TITLE Township of
Langley
PAVEMENT CUTTING
DATE
05/26/09
THE CORPORATION OF THE APPROVED
Est.1873

TOWNSHIP OF LANGLEY S.C.B.No.

TLR26
0701E01.03
 APPENDIX "B"

MATCH EXISTING DEPTH

MIN. 100mm
MAX. 150mm
IN 50mm LIFTS
GRIND, TACK COAT & OVERLAY

400mm GRIND 50mm MIN. 400mm

200mm MIN. OR BEYOND ORIGINAL PATCH WIDTH

EXTENT OF ANY CRACKING (TYP)
DEPTHS OF BASE AND SUBBASE
BASED ON ROAD CLASSIFICATION

APPROVED NATIVE/IMPORTED
GRANULAR BACK FILL COMPACTED
TO 95% MODIFIED PROCTOR DENSITY

PERMANENT
(AFTER 12 MONTHS OR AS DIRECTED BY MUNICIPAL ENGINEER*)

* MUNICIPAL ENGINEER OR THEIR DESIGNATE

TITLE Township of
Langley
UTILITY TRENCH PAVEMENT RESTORATION
(LONGITUDINAL/CROSSING)
DATE
05/26/09
THE CORPORATION OF THE APPROVED
Est.1873

TOWNSHIP OF LANGLEY S.C.B.No.

TLR25
0701E01.02
 APPENDIX "B"

SAW CUT 200mm BACK

FROM CRACKING

TRENCH WIDTH
HOT PATCH WITHIN
24 HOURS OF CUTTING

MATCH EXISTING DEPTH DEPTHS OF BASE AND SUBBASE

MIN. 100mm BASED ON ROAD CLASSIFICATION
MAX 150mm
IN 50mm LIFTS

APPROVED NATIVE/IMPORTED GRANULAR

BACK FILL COMPACTED TO 95% MODIFIED
PROCTOR DENSITY

TEMPORARY
(MAX. 12 MONTHS OR AS DIRECTED BY MUNICIPAL ENGINEER*)

* MUNICIPAL ENGINEER OR THEIR DESIGNATE

NOTE: MAXIMUM 12 MONTHS AFTER SUBSTANTIAL COMPLETION OR AS DIRECTED BY

MUNICIPAL ENGINEER FOR ALL LAND DEVELOPMENT PROJECTS.

TITLE Township of
Langley
UTILITY TRENCH PAVEMENT RESTORATION
(LONGITUDINAL/CROSSING)
DATE

THE CORPORATION OF THE APPROVED

05/26/09 Est.1873

TOWNSHIP OF LANGLEY S.C.B.No.

TLR24
0701E01.01
 APPENDIX "B"

D. IRREGULAR CUT

CL
LANE WIDTH 400 min 400 min

MILLING MILL
REQUIRED
EDGES OF ORIGINAL CUT EDGES OF ORIGINAL CUT

CENTRELINE OF SERVICE

E. ALL ROAD CLASSIFICATIONS

LONGITUDINAL CUTS

EDGE OF ROAD

TRENCH CUT TRAVEL

LANE

CENTRELINE OF ROAD

EDGE OF ROAD

NOTES: (1) PAVEMENT DEPTH MIN. 100mm TO MAX 150mm

IN ACCORDANCE WITH STANDARD DRAWING 0701E01.02 (TLR25)

TITLE Township of
Langley
PAVEMENT CUTTING
DATE
05/26/09
THE CORPORATION OF THE APPROVED
Est.1873

TOWNSHIP OF LANGLEY S.C.B.No.

TLR27
0701E01.04