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HomeMy WebLinkAbout2006-105 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW 2006- 105 Being a by-law to regulate the construction of driveway entrances upon the highways under the jurisdiction of the Municipality of Clarington. WHEREAS, pursuant to the provisions of paragraph (1) of Section 27 of The Municipal Act, R.S.O. 2001, Chapter 25, 2002 Chapter, by-laws may be passed by the Council of every Municipality in respect of a highway under its jurisdiction. AND WHEREAS Section 35 of the Municipal Act, as amended, provides that by- laws may be passed removing or restricting the common law right of passage by the public over a highway and the common law right of access to the highway by an owner of land abutting a highway. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. DEFINITIONS in the By-Law "Applicant" means the person applying for the entrance permit. "Director" means the Director of Engineering Services of the Municipality of Clarington or his designated representative. "Entrance" means any private road, gate, driveway, culvert driveway, entranceway or other structure or facility constructed as a means of access to a municipal road. "Boulevards" means any part of the highway which is not intended for use of vehicles between the curb or outside edge of the shoulder and the street line, inclusive of the area covered by grass, ditch, sidewalk or footpath. "Street Line" means the line dividing a lot and the road allowance. "Highway" shall have the same meaning as that found in the Highway Traffic Act and shall include any unopened road allowance under the jurisdiction of the Municipality of Clarington. "Structure" means anything constructed or erected, the use of which required location on the ground or attached to something having location on the ground and used for the shelter or accommodation of persons, animals or goods. 2. REQUIREMENT FOR A PERMIT a) All persons requiring an entrance to their property from a municipal highway are required to obtain a permit from the Municipality of Clarington and no person shall construct, alter, change the use of, relocate or use any entrance as a means of access to a municipal highway except in accordance with the conditions of the Entrance Permit issued by the Director. b) In determining where an entrance permit shall be granted, the Director shall consider the location, width and proposed use of the entrance to be constructed or used as a means of access to a municipal highway and shall have regard to the sight distance along the road, proximity of intersections, other driveways, the location of trees, public utility services and the jeopardy of public safety and accordance with the entrance policy of the municipality, as adopted by Council from time to time. c) An entrance permit shall be applied for one or more of the following, and prior to a building permit being issued: i) Change of a temporary entrance to a permanent entrance. ji) Creation of a structure on a vacant land. iii) Entrance to vacant land where no entrance exists. iv) Change from any existing use to any other use. d) All costs pertaining to the entrance to be used as a means to a municipal highway, including, where applicable, the installation of culverts, catch basins, the replacement of concrete curbs and gutters, relocation of utilities, tree removal and other associated works shall be paid by the Applicant. e) All works undertaken within a municipal highway shall be carried out by the Municipality of Clarington Operations Department. Notwithstanding the foregoing, the Director may authorize and approve the installation of an entranceway by an approved contractor, provided that an entrance permit has been obtained from the Municipality and that a fee in respect of inspection and administration services has been paid, in accordance with Schedule "A" of this By-Law. f) A sum of money being the cost of constructing the means of access within a municipal highway shall be paid by the Applicant, as per Schedule "A" of this By-Law. In cases where more than the usual amount of fill and/or granular material (fifteen cubic metres (15m3)) is required, the Applicant shall remit to the Municipality of Clarington an amount as determined by the Director to cover the cost of the additional materials and works involved. g) No person shall tile or cover a boulevard, except in accordance with the conditions of an entrance permit. h) No person shall apply an asphalt or concrete surface to any portion of the entrance situate on a municipal road allowance until a permit has been issued by the Director. 3. Non-Compliance with the By-Law a) After the effective date of this By-Law, The owner of the property shall, within fourteen days of receipt of notice in writing to do so, apply to the Municipality of Clarington for a permit to have a proper entrance installed. b) If the owner objects or refuses to comply with the notice given, pursuant to Section (a) herein, the Municipality may remove the obstruction and install a proper entrance and any expense incurred by the Municipality so doing shall be paid by the owner. c) The Municipality may give notice to the owner of any land requiring him to close up and/or remove any private road, entrance, structure or facility, constructed or used as a means of access to a highway in contravention of this By-Law. d) Every notice given under Section (c) shall be in writing and shall be served personally or by registered mail and, in the case of service by registered mail, the owner shall be deemed to have received and the notice on the fifth day following the mailing thereof. e) Where the person to whom notice is given under Section (c) fails to comply with the notice within ten (10) days after its receipt, the Director may direct any officer, employee or agent of the Municipality to do, or cause to be done, whatever may be necessary to close up and/or remove the private road, entrance, structure or facility, as required by the notice. f) Notwithstanding Section (c), if, in the opinion of the Director, a safety hazard to the public exists as a result of the non-compliance, the Director may direct any officer, employee or agent of the Municipality to do whatever may be necessary to eliminate the hazard forthwith. g) Every person who fails to comply with a notice given under Section (c) is guilty of an offence and upon conviction is liable to a fine as prescribed in the Provincial Offences Act. 4. Maintenance The Municipality shall maintain and replace from time to time, as required, all culverts installed pursuant to this By-Law; all maintenance and/or repair of the driveway shall be the responsibility of the owner of the land for which the entranceway provides access. By-Law 81-37 of the Municipality is hereby repealed. This By-law shall come into effect on the date of passing hereof. BY-LAW read a first and second time this 15th day of May, 2006. BY-LAW read a third and finally passed this 15th day of May, 2006. John M tton, Mayor 1!l~f ~/ / /, cr. Anne- reentree, Deputy Clerk SCHEDULE "A" Driveway Entrance Type Payable to the Municipality of Clarinqton 1. 7 m - 400 mm pipe (replacing 15" X 24') $1400 + $200/m in excess of 7 m 2. 7 m-450 mm pipe (replacing 18" X 24') $1400 plus difference in cost of pipe between 400 mm and 450 mm 3. 7 m - 600 mm pipe (replacing 24" X 24') $1400 plus difference in cost of pipe between 400 mm and 600 mm 4. Entrance - no culvert Time and materials + 35% (minimum charge of $150) 5. Entrance - Extension Time and materials + 35% (minimum charge of $150) 6. Entrance - Relocation Time and materials + 35% (minimum charge of $150) 7. Entrance - Temporary Time and materials + 35% (minimum charge of $150) 8. Curb Cutting Cuts up to and including 9' $75 + $8/ft in excess of 9' 9. Curb Replacement Time and materials + 35% (minimum charge of $150) Notes: All "Time and materials + 35%" works will be estimated by the Director of Engineering Services or his designated representative. The estimated sum must be paid to the Municipality prior to the approval of the Application for Property Access and/or the commencement of works. INSPECTION FEE (Contractor installed) $50 per Application