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HomeMy WebLinkAbout13-5 Road Use Agreement POLICY Section Policy No. Page Transportation 13-5 1 of 3 Policy Title Date: Motion No. Road Use Agreement September 23, 2025 301/25 Purpose: Road Use Agreements are established to protect Kneehill County’s infrastructure and to minimize the impact on residents, while still supporting the operational needs of business and industry on the County’s road network. County roads are primarily intended for public use; however, it is recognized that commercial and industrial activities depend on this infrastructure. At times, the volume and weight of truck traffic can exceed the design capacity of these roads, leading to deterioration and safety concerns. This policy aims to preserve road infrastructure by mitigating damage, reducing publicly funded maintenance costs, and ensuring the safety of all road users. The purpose of this policy is to provide a consistent framework for the use and enforcement of Road Use Agreements with individuals or businesses whose activities may cause extraordinary wear or damage to roads within Kneehill County’s jurisdiction. Definitions • County means Kneehill County. • CAO means the Chief Administrative Officer of Kneehill County. The CAO or his delegate is hereby authorized to administer and enforce the provisions of this policy. When this policy authorizes the County to act or gives to the County a discretion, the CAO or his delegate is authorized to act on behalf of the County. • Road Use Agreement / Permit means a written understanding reached between Kneehill County and others in respect of the use of roads under the jurisdiction of Kneehill County. • Road means any street, road or highway (as defined in the Traffic Control Bylaw) under the direction, control and management of Kneehill County and includes a bridge forming a part of the public road and any structure incidental to the road. • Commercial and Industrial Industry means the use of municipal roads by businesses, contractors, or entities engaged in commercial trade, resource extraction, construction, manufacturing, or service delivery, where such use involves: This includes, but is not limited to: o Oil and gas operations (e.g., drilling, servicing, fracking) o Logging and timber hauling o Mining and aggregate hauling o Construction and infrastructure development o Freight, courier, and delivery services o Utility, telecommunications, and service vehicles Use deemed commercial or industrial is subject to Road Use Agreements, permitting, and compliance with all applicable municipal road protection policies. POLICY Section Policy No. Page Transportation 13-5 2 of 3 Policy Title Date: Motion No. Road Use Agreement September 23, 2025 301/25 • Agricultural Industry means the use of municipal roads for activities directly related to the production, harvesting, transportation, or storage of crops, livestock, or other agricultural products. This includes, but is not limited to: o Transportation of seed, feed, fertilizer, and harvested crops o Movement of farm machinery and equipment o Livestock hauling o Manure and silage hauling o Seasonal operations during planting and harvest Agricultural Use does not include commercial activities not directly related to a farming operation or activities undertaken for third-party profit as part of a business enterprise not registered as a farm. • Commercial Vehicle means a truck or truck-tractor with a registered gross vehicle weight (RGVW) of 4,500 kg or more is considered commercial Policy Guidelines: Use and Implementation: An application must be made to the County prior to any activity taking place, in instances where a proposed business, operation, activity or development of a person or business will require multiple Commercial Vehicle loads per day (10 or more loads within a 24-hour period), excessive loads in terms of weight and/or heavy or oversized loads which exceed a road ban issued by the County, all of which may result in damage to roads within the jurisdictional boundaries of the County. Vehicles transporting Agricultural Industry related commodities relating to the operation and maintenance of an agricultural activity as defined as an “Agricultural Operation” under the Agricultural Operation Practices Act are exempt from this policy and are not required to apply for a Road Use Agreement. Upon receipt of the application, if approved, the County may at its discretion require a person or business to enter into a Road Use Agreement and (or) Permit. The applicant will be required to apply and maintain dust abatement measures during the extent of the proposed haul under the following conditions: • If the haul is in excess of 10 vehicle trips in a 24-hour period. • If the haul route includes travelling by an occupied residence. • If the haul route intersects with a provincial highway. It is the responsibility of the applicant (person or business) to provide effective dust control on municipal roads affected by their approved Road Use Agreement (RUA). Dust abatement must be carried out using a County-approved product. Dependent on the area conditions, acceptable dust abatement products may include calcium chloride, magnesium chloride, or water. During the review process, the applicant must provide details about the proposed dust control product and its method of POLICY Section Policy No. Page Transportation 13-5 3 of 3 Policy Title Date: Motion No. Road Use Agreement September 23, 2025 301/25 application. This information must be reviewed and pre-approved by the County before the application can proceed. The frequency of dust control treatments will be determined based on the type of product used and the level of road use, as agreed upon during the application process. The County may also require a person or business to enter into a Road Use Agreement as a valid condition of a Development Permit where the proposed construction and/or activity levels may result in damage to roads within the jurisdictional boundaries of the County. This may also be included in a Development Agreement with the applicant. The County will determine the form and content of the Road Use Agreement, which may consist of more than one form dependent on the road use being considered. As a condition of the Road Use Agreement, and pursuant to the Master Rates Bylaw, the applicant may be required to provide a security in the amount as determined by the County. In addition, applicants are also responsible for obtaining any permits required under other municipal, provincial or federal acts or regulations. The County may contact a person or business which may meet the requirements of this policy (whether on the County’s own initiative or in response to a complaint received regarding the person’s or business’s use of roads within the County) to inform them of the policy and the obligations thereunder and require that person or business to enter into a Road Use Agreement and (or) Permit with the County. A person or business who has entered into a Road Use Agreement with the County shall comply with all terms and conditions of the Road Use Agreement, any road bans issued by the County and all requirements of the Province of Alberta Commercial Vehicle Dimensions and Weight Regulations at all times while utilizing any roads within the jurisdictional boundaries of the County. This includes, but is not limited, to initiating pre and post-haul inspections, providing appropriate security and insurance during the term of the Road Use Agreement / Permit and undertaking any and all required maintenance and restoration of roads in accordance with the County’s General Municipal Servicing Standards and (or) Policy 13-20-02. Enforcement: When a person or business that has entered into a Road Use Agreement is in default of the terms and conditions of that agreement, the County may either suspend or terminate the Road Use Agreement. “Original Signed” “Original Signed” Kenneth King, Reeve Mike Haugen, CAO Approved: September 23, 2025 301/25 Review Date: September 23, 2025