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HomeMy WebLinkAbout74-47 .. .~ k ~ ,. i'- . I..!') '" ... THE CORPORATION OF THE TOWN OF NEWCASTLE By-Law No. 74-47 A by-law for permitting and regulating the size and mode of construction of culverts on public roads under the jurisdiction of the TOlin of Newcastle. AND WHEREAS the Munic:lp-c 1 Council of the Town of Newcastle deems it necessary to regulate the size and mode of construction of culverts which cross any drain, ditch or watercourse situoted on a public road under the jurisdiction of the Town of Newcastle. NOW,THEREFORE pursuant to the Municipal Act R.S.O. 1970, Chapter 284, S. 352, SSe 20, and amendments thereto: The Council of the Corporation of the To~rn of Newcastle enacts as fo llows : - 1. No person or persons or Corporation shall install, construct or cause to be constructed a culvert which crosses any drain, ditch, or watercourse on any public road under the jurisdiction of the Town of Newcastle unless in compliance with the regulations and conditions hereinafter set outo 2. The Road Superintendent or his agent shall determine if a culvert is required in conjunction with the entrance applied foro 3. The Road Superintendent or his agent shall specify the diameter, minimum length and depth of the culvert to be installed, haVing in mind the depth of the drain or ditch and the extent of the maximum run off, but in no instance shall a culvert be less than (15 inches) in diameter and (20 feet) in length, and a minimum gauge of 16. 4. The applicant shall provide all necessary lobour and materials to construct an entranceway including the culvert pipeo 5. The Building Inspector of the Town of Newcastle shall not issue a building permit to an applicant until he haG received a copy of the Entrance Application duly completed and signed by the Road Superintendent or hie agent. -- ..~ 6. No person shall install or allow to be installed any culvert on a public road in the Town of Newcastle without having made application under this By-law and having obtained the approval of the Road Superintendent or his agent. 7. Where a culvert in excess of 50 feet in length is requested the applicant shall be required to construct as many catch basins as may be necessary in the opinion of the Road Superintendent to facilitate surface drainage from the roadway. 8. Where a person has installed or allowed to be installed any culvert other than that approved by the Road Superintendent or in a manner not acceptable to the Road Superintendent, then that person shall be notified of the condition .and requested to remove the culvert. Should the removal of any unsatisfactory culvert be not completed within 30 days of receiving notification then the Road Superintendent may direct a Road Employee to remove the culvert and the person shall pay the full cost of such removal. '-\ I. . . .. .. , '". . '" - 2 - By-Law No. 74-47 9. Where a culvert has been installed in accordance with the provisions of the By-law then the Totm of Ncwca.stle shall assume the maintenance of the said culvert. The applicant, owner, or tenant will be responsible for any flooding from owner or tenants property. 10. The Municipality will not be responsible for any applicant, owner or tenant that has or causes to have pavement applied over ,~.y entrance culvert on a public road under the jurisdiction of the Totm of NctlCastle. 11. A non-returnable application fee of $10.00 shall accompany each application for an entrance permito Permit applications will expire six months from date of issue. 12. A duly completed entrance culvert application will not be required by the Building Inspector in respect of building lots which are described in a registered plan of subdivision wherein stOlin sewers are required by the Municipality within the terms of a subdividers agreement, or a location where storm sewers exist. 13. Any person who contravenes any provision of this By-law shall upon convicttan be liable to a penalty not exceeding $100.00 for each exclusive of costs. 14. That all by-laws of the Totmship of Darlington, the Town of Bowmanville, the Township of Clarke and the Village of Newcastle not consistent with this by-law be and are hereby repealed. Read a first and second time this 6th day of May, 1974. Garnet B. Riekord-/ ~kl .,,/ Mayor Read a third time and- f'~~,'llly passed this 6 ~ay of Hilt 1974. (. Seal Garnet B. Rickard Hayor J. 11. l1cIlro ClerIc