68Scheme of street construction

68 Scheme of street construction

(1)  Where the corporation intends, in accordance with this Part, to carry out street works in a street, it shall cause to be prepared a scheme for the carrying out of those works.

(2)  One scheme may be prepared for the carrying out of street works in two or more streets.

(3)  A scheme prepared for the purposes of this section shall contain –

(a) a description of the works, together with such specifications, maps, plans, sections, and elevations as the corporation thinks necessary;

(b) an estimate of the cost of the execution of the scheme;

(c) a list of the lands, if any, in respect of which the owners thereof are to be made liable for the cost of the execution of the scheme, with a description of each piece of land sufficient to identify it;

(d) a statement of the portion, whether the whole or part, of the cost of the execution of the scheme that is to be recovered from the frontagers and its estimated amount, and the respective estimated amounts that are to be recovered from each frontager as his share of the cost of the scheme; and

(e) such other particulars as the corporation considers necessary or expedient.

(4)  The corporation shall not include the owner of any land among the owners of land to be made liable for the execution of the scheme unless the first-mentioned land fronts on, adjoins, abuts on, or (although not actually so fronting, adjoining, or abutting) is adjacent or accessible, to the street to which the scheme relates and –

(a) the owner of the land, by himself or those deriving title under him, has the right to use or commonly does use the street as a means of access to, or drainage from, the land; and

(b) the use or right to use is for the advantage or benefit of the land.

(5)  In determining the portion of the cost of the execution of a scheme that is to be recovered from the frontagers –

(a) where any land is vested in the Crown, the corporation shall not, unless for reasons set out in the scheme it otherwise determines, include in such portion of the cost any amount of the cost that it considers would have been recoverable from the owner of that land if it were not vested in the Crown;