The purpose of this policy is to identify the enforcement approach towards Property Vehicle Crossings (urban and rural).
Section 335 of the Local Government Act 1974 provides empowerment for Council, where in the opinion of Council, a properly constructed crossing is necessary, to require property owners to construct a vehicle crossing to Council’s current standards under provisions of the bylaw and require the owner to pay the cost of the construction work.
The Timaru District Consolidated Bylaw clauses 1003.1 and 1004.1 empower Council to enforce this requirement. These clauses state:
“1003.1 No person shall drive or operate any vehicle over any footpath or berm other than at a specifically designed and constructed vehicle crossing.”
“1004.1 Any proposed new vehicle access to a private property or any modification to any such existing vehicle access shall require specific approval by Council. Council will impose appropriate design requirements having regard for the proposed use of the vehicle access and Council’s published standards. Any proposed new vehicle access to a private property or modification to any such existing vehicle access adjoining a state highway will require the approval of the appropriate road controlling authority.”
On 29th April 2014, the Council’s Vehicle Crossing Policy was endorsed by the District Services Committee as Final Draft, and is to be considered in conjunction with this enforcement policy.
3.0 Key Definitions
- Bylaw Timaru District Consolidated Bylaw 2013. (Mainly Chapter 2 – Public Places, and Chapter 10 – Traffic.)
- Council Timaru District Council
- Council Officer Any officer of the Timaru District Council delegated by Council to take action in relation to any particular law and/or bylaw, or to undertake the duties of a Council Officer under law/bylaw and any person appointed especially/generally by Council to enforce the provisions of this law/bylaw.
- Footpath Any part of the road or public place that is laid out or constructed by authority of Council for pedestrian use.
- Infrequent use This is a property access that is used very infrequently on an annual basis such as farm paddock access or caravan/trailer storage.
- Land use change This is where the land use activity is changed.
- Modification This includes but is not limited to repair; reconstruct; renew.
- New development A subdivision, land use or building consent where the installation or upgrade of vehicle crossings is a condition of consent or is required by Council bylaw.
- 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.
The following are policy statements for the Vehicle Crossing Policy:
- Council shall inform new developments of the need for vehicle crossings and compliance monitored through Council inspections.
- In the case of a land-use change, vehicle crossings (new or upgraded) must comply with the Council Vehicle Crossing Policy.
- Council shall perform inspections of vehicle crossings every three years, and any non-compliance shall be identified and noted against the property.
- Council shall formally inform property owners of vehicle crossings that do not comply with Council Vehicle Crossing Policy.
- Council shall note non-compliant vehicle crossing on property records.
- Council shall note non-compliant vehicle crossing on LIM documents when issued.
- Where no vehicle crossing exists for frequently property access use, formal notice, in accordance with the bylaw and legislation, shall be served for the property owner to install a vehicle crossing complying with Council Vehicle Crossing Policy.
- If an existing vehicle crossing is deemed unsafe by Council Officer(s), the property owner shall be served a formal notice, in accordance with the bylaw and legislation, requiring the Vehicle Crossing to be upgraded to comply with the Council Vehicle Crossing Policy.
Adopted District Services Committee 2 September 2014