HomeMy WebLinkAbout83-32
. t ..,...
,,* - . -..
AMENDED BY
q') - JS5
BY.LAW #.~~....~....
" .
. .
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 83-32
being a by-law to establish a policy in respect
of occupancy of municipal roads and rights-of-way
WHEREAS the Council of the Corporation of the Town of Newcastle
wishes to establish a policy to require any persons, group or agency, wishing
to. occupy a Municipal Road or Right-of~Way for any reason which alters the
normal use or status of same to apply and receive approval for, a Road Occupancy
Permit, issued by the Director of Public Works;
NOW THEREFORE the Council of the Corporation of the Town of
Newcastle ENACTS AS FOLLOWS:
1. THAT the policy in respect of occupancy of Municipal
Roads and Rights-of-way shall be as set out on
Schedule IIAII attached hereto.
BY-LAW read a first and second time this 28th day of February 1983
BY-LAW read a third time and finally passed this 28th day of February 1983.
//:7 -"" ./ /
~~A/~~
Mayor
r""" .I '
A:/Cl-CC,,~rlt..(). (L;4'>~ ~
Clerk
I File N.~.,c,n.:....;;].,..l..h.h..hh.1
'. '
I .,.
THE CORPORATION Of THE TOWN OF NEWCASTLE
POLICY
IN RESPECT Of OCCUPANCY OF MUNICIPAL ROADS AND RIGHTS-Of-WAY
The Corporation of the Town of Newcastle shall require any person,
group or agency wishing to occupy a Municipal Road or Right-of-Way for
any reason which alters the normal use or status of same to apply, and
receive approval for, a Road Occupancy Permit, issued by the Director
of Public Works.
1. Road Occupancy shall be described as, but not limited to, the
fOllowing:
a) Construction on Qr over lands forming part of the Municipal Road
or Right-of-Way, or any works required which will in any way
disturub or alter the state of the lands;
b) Drainage crossings or outlets;
c) Access to lands via unopened or unmaintained road allowances,
where there is no alternate access available;
d) Installation or maintenance of utility services or cable
television;
e) The use of Municipal Roads or Rights-of-Way for Special Events,
e.g. Parades, Assemblies, Conmercial Ventures;
f) The use of Municipal Roads or Rights-of-Way as a route for the
movin~of heavy, irregular or unusual loads, objects or vehicles,
where 'such use will restrict or preclude the normal use of said
thoroughfare by the public at large.
This clause shall not be applicable to the transport of normal
agricultural equipment, livestock or other farm-related
activities, wherein the use of the MuniCipal road or right-of-way
is essential to the usual operation and maintenance of the
agricultural enterprise.
g) Any occasion or period of time wherein the Director of Public
Works requires compliance with this policy.
Page 1 of 2
\ By-law NO._-~..- \
..
. .
. .
. ... ,. " ~ ~
. '
..
Page 2
Policy
Municipal Roads and Rights-of-Way
2. All Road Occupancy Permits and approval thereof are contingent
upon the Applicant producing, and maintaining in full effect for
as long as is deemed necessary, the appropriate insurance
indemnifying The Corporation of the Town of Newcastle from any
liability, action or consequences which may occur or result from
the occupancy.
3. In all cases, the person or party to whom a Road Occupancy Pemit
is issued is responsible for the maintenance of the Municipal
Road or Right-of-Way:
a) For the full duration of the occupation; and,
b) For the full repair, restoration or replacement of any
materials, installations, surface or other disturbance, to the
satisfaction of the Director of Public Works.
4. The Municipal Road or Right-of-Way shall be inspected by The
Corporation of the Town of Newcastle before, during and after
the period of occupancy to determine the extent of
responsibility of the occupant in respect of repairs or
restorati on. In the event the occupant does not perform the
required works, The Corporation of the Town of Newcastle shall
reserve the right to undertake same, and a)l costs incurred
shall be levied against the occupant to whom the Road Occupancy
Permit was originally issued.