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HomeMy WebLinkAbout74-85 .. . e " e . .. REPEALED BY BY-LAW *~~.:.~~1 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NO.74-85 Being a By-law to regulate the temporary closure or occupancy on Highways in the Town of Newcastle. NOW THEREFORE, BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law of the Corpo~ation of the Town of Newcastle by the Council thereof as follows: 1. Except as permitted in Sections 3 and 5 hereof, no person shall temporarily close, obstruct, encumber, injure or foul any highways o~ bridge or any part thereof in the Town of Newcastle by placing any tent, leanto, fence boarding, structure, or any chattel or excavate or in any way disturb the surface or the soil or material thereon, without the written approval of the Director of Works. The conditions of this by-law shall not apply to any motor vehicle as defined in the Highway Traffic Act being located on the travelled portion of the highway. 2. No person shall close, obstruct, encumber, injure or foul any highway or bridge or any part thereof in the Town of Newcastle by any means including the installation or repair of any public utility, except when carried out in accordance with the provisions of this by-law. 3. Any person intending to close or occupy a Town of Newcastle highway must deliver notice of this intention in writing to the Public Works Department of the Town of Newcastle, at least 24 hours in advance of said closing or occupan~y at intersec- tions where approved traffic control signals are maintained or on arterial streets and collector streets. The notices required by this section 3hall exclude time on Saturdays, Sundays and holidays when Civic buildings are closed. 4. rhe person delivering the required notice as set out above, shall apply for a ~oad Occupancy Permit. 5. The application shall be made in the name. of the person on whose behalf the work is to be carried on and not in the name of any -gent for the said person. The applicant shall indicate the intended starting date and duration of such closure or occupancy. 6. If to carry out any works it is necessary to alter, break, or disturb an existing pavement, bou'levard or sidewalk, the extent of such alteration, breaking or disturbance shall be set out on the permit immediately upon completion of the works. . . . . /' _/ BY-LAW NO. 74-85 - 2 - e Following satisfactory completion of the temporary repair, the Corporation of the Town of Newcastle will maintain the pavement, boulevard or sidewalk cut, until a final repair is completed by the Corporation of the Town of Newcastle, all at the cost of the applicant. 7. Permanent repairs to all sodded areas shall be completed by the applicant. 8. All signs, barricades, traffic control devices, flagmen, and the use of other persons and equipment as determined by the Corporation of the Town of Newcastle, shall be provided, prior to the commencement of and at the location of the closure or occupancy, as the sole responsibility and all at the cost of the applicant. 9. The applicant shall maintain access to all public and private properties. 10. While any alteration, breaking or disturbance is underway, the applicant pursuant to this by-law shall have the permit available at all times during which work is in progress. . 11. The permit shall be null and void if the applicant should fail to meet the requirements of the permit, and in that event, a new application for a permit shall be made. 12. When conditions or unforeseen difficulties require a longer period for completion than indicated on the permit, the applicant shall notify the Director of Works of the additional time required and the reason therefor. 13. The applicant will notify the Police Department, Fire Department and any agency or company operating a public transportation service or school bus service affected by the closure or occupancy of the commencement and termination of the said closure or occupancy. 14. Where a utility or public service company occupies or closes a Town of Newcastle highway as a result of an emergency, telephone notice shall be given immediately to the Public Works Department of the Town of Newcastle and on the next working day application for a permit shall be made. 15. Where a highway or portion thereof is closed or occupied under the authority and approval of the Dlrector of Works, the Corporation of the Town of Newcastle shall provide and keep in repair a reasonable temporary alternative route for traffic around the work site, all at the cost of the applicant. - . e e . , ,p 4 BY..LAW NO. 74-85 - 3 - 16. A Road Occupancy Permit will not be required by a Utility Company for the following types of work; (a) installing maintaining or relocating a pole line. (b) raising or lowering utility service boxes (c) work on shut-off valves (d) initial work conducted in new subdivisions prior to installation of sidewalk, curb and gutter and asphaltic concrete pavement, (e) work in manholes, valve chambers and transformer vaults. 17. The applicant assumes all liability for any resultant main- tenance and/or required permanent repairs, and such repairs shall be carried out by the Corporation of the Town of Newcastle all at the cost of the applicant. The Corporation of the Town of Newcastle shall assume any further maintenance or repair subsequent to the permanent repair. 18. Nothing in this by-law shall be construed as derogating from any right conferred upon any person under any statute or franchise agreement lawfully entered into and authorized by by-law granting any right to use or occupy any public highway and in the event of any conflict between the provisions of this by-law and such statute or agreement, the provisions of such statute or agreement shall prevail. 19. Any person convicted of a breach of any of the provlslons of this by-law shall forfeit and pay, at the discretion of the convicting Magistrate, a penalty not exceeding the sum of $300.00 exclusive of costs, for each offence. This By-Law Read a First and Second Time this. .2nd...day of ..December...... 1974. ~~ Read a Third Time and Finally Passed this .~:!.day of . . . . . ~.~ . .1974. G. B. Mayor . H ~.u{;i/~ Y\....oo'" "",.,."",~ .,' J. M. McIlroy Clerk ----.--