HomeMy WebLinkAbout83-57
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THE CORPORATION OF THE TOWN OF NEWCASTLE
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BY -LAW NO. 83-57
Being a by-law to regulate the temporary closure or occupancy of highways
in the Town of Newcastle.
NOW THEREFORE BE IN ENACTED, AND IT IS HEREBY ENACTED as a by-law of The
Corporation of the Town of Newcastle by the Council thereof as follows:
I ROAD OCCUPANCY
Except as permitted in Section 11(3 & 5) hereof, no person shall
temporarily close, obstruct, encumber, injure or foul any highways or
bridge or any part thereof in the Town of Newcastle by placing any tent,
lean-to, fence boarding, structure, or any chattel, or excavate or in any
way disturb the surface or the soil or material thereon including the
installation or repair of any public utility, except when carried out in
accordance with the provisions of this by-law, and in compliance with the
Policy in respect of Road Occupancy.
II CONDITIONS REQUIRING APPLICATION FOR ROAD OCCUPANCY
(1) A Road Occupancy Permit shall be required for, but not limited to, the
following types of occupancy:
a) Special events, parades, assemblies or other occasions where the
normal nature or usage of the highway, thoroughfare, right-of-w~ or
road allowance is precluded by the occupancy;
b) The transport of heavy, wide or otherwise unusual loads or equipment
on Town of Newcastle highways, thoroughfares, rights-of-way or road
allowances;
c) The erection of a fence or other encumberance;
d) The installation of tile drainage or other works which will in any way
interfere with, disturb or alter the original nature of the Town of
Newcastle property;
e) the paving of a driveway from the ditch, boulevard or sidewalk to the
property 1 i ne;
f) The erection of a mailbox, gatepost, or other installation which will
be located on property within the surveyed limits of the Town of
Newcastle highway, thoroughfare, road allowance or right-of-way;
g) The placement of newspaper service boxes within the limits of Town of
Newcastle property;
h) The felling of trees, brushing, and other works which will result in
the occupancy of the Town of Newcastle property;
i) The erection of banners, signs and other similar installations,
whether of a temporary or permanent nature, on Town of Newcastle
property, be it a highway, as previously defined, or bridge.
(2) A Road Occupancy Permit will be required by a utility or public service
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 and other existing plant;
[~i1e No.__ 77 '1'1. I. J
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By-l aw No. 83- 57
Temporary Closure or Occupancy
II
(2)
d) Initial work conducted on new subdivisions prior to installation of
sidewalk, surb and gutter and asphaltic or concrete pavement;
e) Work in manholes, valve chambers and transformer vaults;
f) Installation, maintaining or repairing cable television plant,
(3) If to carry out any works it is necessary to alter, break or disturb in
any w~ an existing pavement, boulevard, sidewalk or other surface within
the Town of Newcastle highway or bridge, thoroughfare, right-of-way or
road allowance, the extent of such disturbance shall be set out on the
Road Occupancy Permit and the principal person, agency or authority making
application shall be responsible for the full restoration thereof.
(4) The conditions of this by-law and the terms of the Policy in respect of
Road Occupancy shall apply equally to construction, alterations or
modifications to the right-of-way property of the Town of Newcastle as to
special events which preclude the normal daily usage of the road or
right-of-way.
(5) Any person, agency or authority intending to close or occupy a Town of
Newcastle highway, thoroughfare, right-of-w~ or road allowance must make
application for, and have approval of a Road Occupancy Permit, which
application is available at the office of the Director of Public Works,
and must be filed at least forty-eight (48) hours in advance of said
closing or occupancy, in accordance with the conditions of this by-law and
the terms of the Policy in respect of Road Occupancy.
(6) The application shall be made in the name of the principal person, agency
or authority on whose behalf the closure, occupancy or event is to be
carried out and not in the name of any agent for said person, agency or
authority. The applicant shall indicate the starting date, location or
route, reason for the duration of the closure or occupancy, and shall
furnish any supporting documents as may be required by the Director of
Public Works.
III RESPONSIBILITIES OF THE APPLICANT
(1) The principal applicant is responsible for notifying the Police and Fire
Department and any agency or company operating a public transportation
service or school bus service, or whose plant or installations may be
affected by the closure or occupancy, of the commencement and termination
of the said closure or occupancy, and shall comply with all conditions of
the permit, as specified thereon.
(2) Where a utility or public service company occupies or closes a Town of
Newcastle highway, thoroughfare, road allowance or right-of-w~ as a
result of an emergency, telephone notice shall be given immediately to the
Director of Public Works of the Town of Newcastle and formal application
for a permit in respect of said emergency shall be made on the next
working day.
(3) Where a highway or portion thereof is closed or occupied under the
authority or approval of the Director of Public Works, the Corporation of
the Town of Newcastle shall approve, provide and keep in repair a
resonable temporary alternative route for traffic around the work site,
all at the cost of the principal applicant, who shall comply with Section
III (4) in all other matters in respect of such detour.
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By-l aw No. 83- 57
Temporary Closure or Occupancy
III (4) All signs, barricades, traffic control devices, flagmen and the use or
operation of other persons and equipment as determined by the Director of
Public Works, shall be provided prior to the commencement of, and at the
location of the closure or occupancy, and shall be the sole responsibility
of the principal applicant, who shall maintain, in full force and effect,
all insurances deemed necessary by the Director of Public Works, and in
accordance with the terms and conditons of the Policy in respect of Road
Occupancy.
(5) The principal applicant shall maintain access to all public and private
properties at all times and shall keep such access free and clear of all
mud, debris and other materials.
(6) The principal applicant when performing any works on Town of Newcastle
rights-of-way shall keep and maintain same in a normal condition and shall
ensure that any travelled portion of a highway, thoroughfare,
right-of-way, road allowance, sidewalk, walkway or boulevard is maintained
free and clear of any mud, debris or materials which may impede or disturb
the normal use of the lands.
(7) While any alteration or occupancy is underway, the principal applicant,
pursuant to this by-law, shall have a Road Occupancy Permit available at
all times during which his works are in progress.
(8) The principal applicant assumes all liability for any resulting
maintenance and/or required permanent repairs, and such works shall be
carried out to the satisfaction of the Director of Public Works of the
Town of Newcastle all at the cost of the principal applicant. Upon final
approval and acceptance of the works, in accordance with Section III (9)
herein, the Town of Newcastle shall assume any further maintenance or
repai r.
(9) Permanent repairs of any nature to all disturbed areas shall be the
responsibility of the principal applicant with whom the responsibility for
maintenance will rest for a period of two years from the date of
completion of such works.
(10) The terms and conditions of this by-law and Town Policy in respect of Road
Occupancy shall apply to any and all work on new or existing
developments.
IV EXTENSION OF PERMIT APPROVAL
(1) When conditions of unforeseen difficulties require a longer period of
occupation for completion of the works authorized under the terms of
issuance of the Road Occupancy Permit, the principal applicant shall
notify the Director of Public Works of the additional time required and
the reason therefor, and shall obtain an extension of the permit upon the
approval of the Director of Public Works,
V GENERAL
(1) Notwithstanding Section II, a Road Occupancy will not be necessary in the
case of normal movement of farm vehicles and other agricultural equipment
or regular transport of stock; however, the conditions of this by-law and
the Policy may be applied in unusual circumstances at the discretion of
the Director of Public Works.
(2) The conditons 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, but shall apply to oversized, or special heavy vehicles,
equipment or loads as defined in the Policy in respect of Road Occupancy.
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By-law No. 83-57
Temporary Closure or Occupancy
V (3) 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 Town of Newcastle highway, thoroughfare, road allowance or
right-of-way 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,
VI PENAL TV
(1) Any person convicted of any breach of the prOV1Slons of this by-law shall
forfeit any performance bond or other monetary guarantee, to the extent of
the liability or failure of compliance, and shall pay, at the discretion
of the convicting Provincial Court Judge, a penalty not exceeding the sum
of One Thousand Dollars ($1,000) exclusive of damages and other costs, for
each offence.
VII This by-law sets out the terms and conditions applicable to road occupancy
only, and as such must be considered in conjunction with By-law 83-32,
which by-law establishes the Policy of The Corporation of the Town of
Newcastle with respect to Road Occupancy.
VIII This by-law repeals By-law 74-85.
This by-law read a first time this
This by-law read a second time this
11 th
11 th
day of
day of
Ap ri 1
Ap ri 1
day of
1983
1983
This by-law read a third time and passed this
11 th
April
1 983.
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Mayor ./
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