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HomeMy WebLinkAbout81-37 ~_....._; AMENDED BY _ oS Ll BY.LAW #~.. .. \ .. .;.~ __AW' ~t'~~~ ... '1:'" !~ "'..:'- .. . THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 81-37 being a by-law to regulate the construction of driveway entrances upon the highways under the jurisdiction of the Corporation of the Town of Newcastle. . WHEREAS, pursuant to the provisions of paragraph 2 and 3 of Section 453 of The Municipal Act, R.S.O. 1970, Chapter 284 as amended by S.O. 1974, Chapter 136, By-Laws may be passed by the Council of every Municipality for placing or permitting any person to place, construct, install, maintain and use ob- jects in, on, under or over sidewalks, boulevards, highways under it's jurisdiction. AND WHEREAS paragraph 19 of subsection 1 of Section 352 of The Municipal Act, as amended, provides in part that by-laws may be passed for prohibiting the obstruction of any drain or water- course and for requiring the person causing the obstruction to remove it. t NOW THERE BE IT ENACTED AND IT IS HEREBY ENACTED as a By-Law of The Corporation of the Town of Newcastle through its Council thereof as follows: 1. DEFINITIONS in the By-Law 'Applicant' means the person applying for the Entrance Permit. . 'Director' means the Director of Public Works of the Town of Newcastle or his designated representative. I file No. .......... .............. .... .............-.........1 , ,,, . . . s .~ .' ~ . \ 1. Definitions.. . 'Entrance' means any private road, gate, entranceway or other structure or facility constructed as a means of access to a municipal road. means any part of the highway where grass is grown and which is not intended for use of veh- icles between the curb or outside edge of the shoulder and the street line, inclusive of the area covered by a sidewalk or footpath. means the line dividing a lot and the road allowance. means any public right-of-way which includes alleys, avenues, boulevards, circles, courts, drives, highways, caves, paths, places, roads, streets, terraces, walks, under the jurisdiction of the Town of Newcastle. means anything constructed or erected, the use of which req- uired 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. 'Boulevards' 'Street Line' 'Highway' 'Structure' 2. (a) COMPLIANCE WITH THE BY-LAW All persons requiring an entrance to their property from a municipal highway are required to obtain a permit from the Town and no person shall construct, alter, 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. ) '../r.' . . . , 4' ,I... 2. (b) (c) i) ii) i11) iv) v) (d) (e) Compliance with the By-Law... That, 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, the location of trees, public utility services and the jeopardy of public safety and in accordance with the entrance policy of the Town, as adopted by Council from time to time. An entrance permit shall be applied for for one or more of the following, and prior to a building permit being issued: The change of a temporary entrance to a permanent entrance. Creation of a structure on vacant land. Entrance to vacant land where no entrance exists. Change from an Agricultural Use to any other use. Change from a Residential Use to any other use. That all costs pertaining to the entrance be used as a means to a municipal highway, including the installation of culverts and any required catchbasins, the replacement of concrete curbs and gutters and other associated works shall be paid by the Applicant. All works undertaken within a municipal highway shall be carried out by the Town of Newcastle Public Works Depart- ment. 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 Town and that a fee in respect of inspection and administration services has been paid, in accordance with Schedule "A" of this By-Law. ... .;oJ ~ . . . 2. (f) Compliance with the By-Law... 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 Town of Newcastle an amount as determined by the Director to cover the cost of the additional material and works involved. (g) That no person shall tile or cover a boulevard, ex- cept in accordance with the conditions of an entrance permit. (h) That 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. (i) That the provisions of this By-Law shall not apply so as to prohibit the use of any private road, entrance, structure or facility constructed prior to the effective date of this By-Law, which obstructs a boulevard or watercourse on a municipal highway, the owner of the property shall, within fourteen days of receipt of notice in writing to do so, apply to the Town for a permit to have a proper entrance installed. (j) That, if the owner objects or refuses to comply with the notice given, pursuant to Section (c) herein, the Town may remove the obstruction and install a proper entrance and any expense incurred by the Town so doing shall be paid by the owner. , t."\_.. .! ~:~ '" .f, .. . . . . . 2. (k) Compliance with the By-Law... That the Town may give notice to the owner of any land requiring him to close up any private road, entrance, structure or facility, constructed or used as a means of access to a highway in contra- vention of this By-Law. (1) That every notice given under Section (k) 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 the notice on the fifth day following the mailing thereof. (m) That, where the person to whom notice is given under Section (k) fails to comply with the notice within thirty (30) days after it's receipt, the Municipal Council may, by resolution, direct any officer, employee or agent of the Town to enter upon the land of such person and to do, or cause to be done, whatever may be necessary to close up the private road, entrance, structure or facility, as required by the notice. (n) That every person who fails to comply with a notice given under Section(k) is guiltyof an offence and upon summary conviction is liable to a fine of not less than ten dollars ($10. 00) and not more than one hundred dollars ($100. 00) for a first offence, and to a fine of no.t less than fifty dollars ($50. 00) and not more than five hundred dollars ($500. 00) for a second or subsequent offence. (0) That the Town 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 driving surface of the driveway shall be the responsibility of the owner of the land for which the entranceway provides access. "l' ..._'(,,4 ... ..... c- . . . . .. -". .. . . 2. ;'..l'<' Compliance with the By-Law. (p) That By-Law 79-127 of the Town is hereby repealed. (q) This by-law shall take effect on the day of final reading. By-Law read a first time this 23rd day of March , 1981. By-Law read a second time this 23rd day of March , 1981. By-Law read a third and final time this 23rd March day of , 1981. MaY~~~ (Seal) Clerk: By-Law SCHEDULE "A" . I ~~ . . '~... r. ",. . . -#'-.....'"'. . . r . 1. 2. 3. 4. 81-37_ Driveway Entrance Type Payable to Town of Newcastle 400 mm 0 x 7 m. length (replacing 15" x 24') $460. 00 + $66/metre in excess of 7 m. 450 mm 0 x 7 m. length (replacing 18" x 24') $500. 00 + $72/metre in excess of 7 m. 600 mm 0 x 7 m. length (replacing 24" x 24') $560. 00 + $80/metre in excess of 7 m. Entrance - no culvert. $100 minimum based on actual costs. 5. Entrance - extension. (a) 400 mm 0 (b) 450 mm 0 (c) 600 mm 0 (d) over 600 mm 6. 7. 8. .. 10. Notes: $66/metre + $10. 00 $72/metre + $10. 00 $80/metre + $10. 00 Actual Cos t. Entrance - relocation Actual Cost. Entrance - temporary Ac tual Cos t. Curb Cutting $23. ~O/metre (minimum charge $38. 00) Curb Replacement Actual Cost. Entrance - other $100 minimum based on actual costs. All "Actual Cost" works will be estimated by designated representative. The estimated sum the approval of the Application for Property . the Director of Public Works or his must be paid to the Town prior to Access and/or the commencement of works. INSPECTION FEE $30. 00 per Application Each Application for Property Access must be accompanied by a payment of $30. 00 1. In the case of entrances installed by the Town, the $30. 00 will be treated as a deposit and deducted from the cost of entrance installation, the payment of which balance is due prior to the issuance of approval. 2. In the case of entrance(s) constructed by a contractor approved by the Director of Public Works, the $30. 00 Inspection Fee is non-refundable. , . ; .