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HomeMy WebLinkAbout79-127 ~ ,~-l ';" ," ,. '...\ .. ., . . oif'.\ . . e - : "'V' ~ '. . \', \' r "V'~~:-:;-;:--"-- - ~---- THE CORPORATION OF THE TOWN OF NEWCASTLE e BY-LAW 79-127 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. e 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. 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. e .,'*":~-"""-' '" . v ... ,.... . . . e "",,~"';"1'~_'-'Y--"'- -, 1. Definitions... 'Entrance' 'Boulevards' 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 ehelter or accommodation of persons, animals or goods. e e '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. e :.':' , . e . - 2. (b) (c) i) ii) iii) 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. e 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. e 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 of $25. 00 (Twenty-Five Dollars) to cover inspection costs has been paid. e I" .~ , , ,~ ,!. ..~ . 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 (twenty cubic yards) 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. e e (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. . e (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. e e )!,_~i1f~1Y\l;!~~'\W'- , ::\'" _.." -'I" ",'" )t;f"~';: 'I ,,', 1't.,. '. ::,:t~~;~t; ':::-:': ,:<~ '. .'.' ~ - ,',':.' ,......, " -'1 . I. '. e e e .-:t..;_..-, ~~'''j'~i>f~.,'-,:,~''..i'i_.';:'''' 2. (k) (1) (m) (n) (0) """'....-.-..:;,'.,-'.,.,'........-...- 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. e That every notice given under Sction (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. That, where the person to whom notice is given under Section (k) fails to comply with the notice within thirty (30) days af~er 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. e That every person who fails to comply with a notice given under Section '(k) is guilt of 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 not less than fifty dollars ($50. 00) and not more than five hundred dollars ($500. 00) for a second or subsequent offence. That the Town shall maintain and replace from time to time, as required, all culverts installed pursuant to this By-Law; the maintenance of a driven surface of the driveway shall be the responsibility of the e owner. - .;.' , -I ' _ M . e e e) 2. Compliance with the By-Law... (p) That By-Law 78-98 of the Town is hereby repealed. (q) This By-Law shall take effect on the day of it's final reading. By-Law read a first time this 5th day of November 19 79 By-Law read a second time this 5th day of November 19 79 By-Law read a third time and passed this 5th day of November ~d--L/ G. B. Rickard Mayor e 19 79 e e 4 -;..., .. . e 1. 2. 3. 4. 5. e 6. 7. 8. 9. e ." '" ~""<;:,,'.:".-~~'ll"~""""'.-'" ,"-,:-'-i: By-Law No. 79-127 e Schedule 'A' Driveway Entrance (type) Payable to Municipality. Driveway entrance, no culvert Cost of construction materials, in no case less than $100. 00 15" diameter x 24 ft. length $350. 00 plus $15. 00 ft. in excess of 24 ft. 18" diameter x 24 ft. length $375. 00 plus $17. 00 ft. in excess of 24 ft. 24" diameter x 24 ft. length $450. 00 plus $20. 00 ft. in excess of 24 ft. . Entrance other than as described in Items 1, 2 and 3 above. Cost of construction and materials. (See Notes 1 & 2, below). e Driveway entrance - extension. $15. 00 per ft. plus cost of couplers required. Minimum - $50. 00. Driveway entrance - relocation. Cost of construction and materials. (See Note 1, below). Curb Cut $7. 00 per linear ft. Temporary entrance. Cost of construction and materials. (See Notes 1 & 2, below). NOTES: 1. As estimate~ by the Director of Public Works of the Corporation of the Town of Newcastle. 2. Required in the opinion of the Director of Public Works of the Corporation of the Town of Newcastle. e """~''''-',\-'",,'''''' _.-, e 1. GENERAL: THE CORPORATION OF THE TOWN OF NEWCASTLE e POLICY FOR ENTRANCE The Municipal road system provides a major network of urban and rural highways. These highways have been successively upgraded on their original alignment to accommodate increasing traffic volumes at higher levels of service. Access control is of principal importance in ensuring that these arterial highways will continue to operate safely and efficiently and have a high traffic movement capability in future years. The primary purpose of this policy is to establish the guidelines to be used in granting access, and the design criteria to be applied to entrances providing access to a Municipal highway, to ensure their safe and efficient operation. e 2. DEFINITIONS: a) b) . c) d) e '.'.-....".. e '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. 'Entrance' means any private road, entranceway, gate or other structure or facility constructed as a means of access to a municipal higHway. 'High Volume Entrance' means an entrance providing access and/or egress for: i) an office, retail or institutional building. ii) ~n apartment building containing more than five (5) dwelling units. an employee, or other, parking lot. an industrial facility, warehouse or trucking terminal. iii) iv) e v) a community or regional shopping centre. vi) a recreational complex. 2. e 3. e e Definitio~s, continued... - 2 - e) f) g) STANDARDS: a) b) 'Low Volume Entrance' means an entrance providing access and/or egress for: i) a single family residence. ii) an apartment building containing not more than five (5) dwelling units. iii) a farm consisting of more than ten (10) arable acres, or a field forming part of a farm and used exclusively for the pass- age of animals and crops. 'Temporary Entrance' means an entrance providing access for a maximum of six (6) months. 'Other Entrance' means an entrance providing access and/or egress for land uses not covered above and shall be subject to interpretation by the Director of Public Works as to whether a 'High Volume' or 'Low Volume' Entrance shall be required. e Low Volume entrances shall be limited to the following number, for each property: i) up to the first sixty (60) feet of frontage, e one two-way. ii) from sixty (60) to one-hundred (100) feet of frontage, one two-way and two one-way. iii) approval for additional entrances will be considered by the Director only when sufficient evidence of necessity is provided by the Applicant. High Volume entrances shall generally be limited to the following number for each property: i) up to the first one thousand (1,000) feet of frontage - not more than two. ii) for each additional five hundred (500) feet of frontage - not more than one. iii) a street intersection type entranceway may be required for a High Volume Entranceway. e J~. 3. e e e - 3 - Standards, continued... c) All entrances shall be constructed by the Public Works Department or an approved contractor, as per the condit- ions of the entrance permit, and located so as not to interfere with any Municipal or Utility services, such as utility poles, catchbasins, valves, hydrants, etc. In cases of high volume entranceway the owner may construct the entranceway but it will be completed to the satis- faction of the Director of Public Works. The Town will not construct or install an entranceway between November 15th and May 1st unless suitable weather conditions prevail. d) Where a high volume entrance will enter onto a Municipal road, the Director may require, as a condition of access, right turn storage bays and/or egress to the subject property. All such structures will be constructed to the satisfaction of the Director. Where,in the opinion of the Director, such a median may cause undue hardship, the construction of a median area of sufficient width and length to accommodate a recessed left-turn bay, or such other facilities deemed necessary, may be considered as a condition of access. e) Entrance to drive-in service developments, such as automatic car washes, banks, theatres, attendant parking lots and garages, which require the driver to remain in the vehicle while being serviced, must provide sufficient on-site storage space for waiting vehicles, thereby minimizing the probability of a line or congestion of waiting vehicles extending onto the highway. f) Where accesses are affected oy the reconstruction of Municipal highways, the Municipality will reinstate, in kind or better, the affected entrances, at the cost of the Municipality. The reinstatement, improving, upgrading or closing ,of these entrances will be adjusted to conform to this policy. g) In future, all subdivisions, where practical, will be designed to prohibit access onto any Municipal Arterial Streets; this policy shall apply for single family, semi- detached and any freehold attached dwellings. e e e PROCEDURE : a) An entrance permit application must be completed and a permit issued by the Public Works Department of the Town of Newcastle before work is commenced on the construction of any entrance which will provide access and/or egress onto, or which will be within the limits of the right-of-way of a Municipal Highway. b) Applications for entranceways are available from the Town of Newcastle Public Works Department, Hampton. c) In cases where entrances are required within an Urban Plan of Subdivision, this Policy will not apply but the Municipality's Design Criteria and/or Standard Drawings will be used, as required by any Subdivision Agreement within the Municipality. In cases of a Rural Plan of Subdivision, this Policy will apply and the Applicant will be responsible for meeting the minimum requirements for culverts and entranceways, as described in 5(b). Applications for 'High Volume' ~ntrances must be accompanied by site plans of the proposed entranceway for approval by the Municipality. All costs pertaining to the construction and/or removal of an entrance, including the installation of pipe, culvert or other associated works within the limits of the right-of-way of a Municipal Highway, are to be borne by the Applicant and must be paid in advance. Prior to an entranceway being changed or altered from it's original use (e.g. residential to commercial) or state (wide- ning, etc.) a permit must be acquired and the installation shall comply with the specifications as set out in this Policy. The Applicant is responsible for ~taking the location of the proposed entrance. These stakes shall not be removed until the entrance is constructed. 4. e d) e e) f) g) h) i) . - 4 - Upon receipt of an entrance application, inspection of the proposed site will be carried out by the Town's Public Works Department. The property owner must apply for, and be issued with, a permit before paving or asphalting the entranceway area within the right-of-way limits of the Municipal Highway. The work must be carried out by the owner, or his contractor, and the con- tractor must be approved by the Municipality. e e e 1 , ...' e e e '. 4. 5. ,f.'~'*"") - 5 - Procedures, continued... j) A property owner must be issued with a permit before tilling or covering a boulevard within the limits of a Municipal road, for the purpose of ,improving the property. Any work required to be done on the Municipal Highway must be carried out by the Municipality, or a contractor approved by the Municipality. k) An entrance constructed without approval, or used contrary to the conditions under which it is approved, will be removed by the Town of Newcastle, and the cost of removal will be assessed against the owner. 1) Where a permit has been issued for a temporary entrance, or for the use of the right-of-way of a Municipal road as a temporary entrance, the cost of installing and removing the temporary entrance and/or restoring the right-of-way to it's original condition, will be assessed in advance against the person to whom the permit was issued. m) Drive-over curbs providing access to property shall be considered entrances and shall be constructed and charged fbr in accordance with the provisions of this Policy. n) Where surface drainage from an entrance would flow onto the highway, the property owner is responsible for the entire cost of constructing drainage facilities as may be deemed necessary in the opinion of the Director of Public Works. 0) Where culvert lengths are excessive, i.e. greater than fifty (50) feet, the Applicant may be required to have a catchbasin installed, at his expense, for clean-out purposes. e e SPECIFICATIONS: a) Basic Entranceway Dimensions: Basic widths, curb spacing, radii, and angles of entrances for various land uses in urban and rural areas, are given in Table 1. Methods of measurement are footnoted below the Table and are illustrated in Figure 1. For the purpose of Table 1, 'Urban' refers to a curbed cross-section and 'Rural' refers to open-ditch construction. The design values given may be adjusted by the Director of Public Works, as required, to handle expected traffic conditions. e ,.. ,"','~~~-;:.'\;~~~~~~~1~;'c' '. ... 6 ... 5. Specifications, continued... b) Minimum requirements for culverts and entranceways: Rural Areas: The culvert required for an entranceway will not be less than fifteen (15) inches in diameter and twenty-four (24) feet in length. If the owner requests a wider entrance, each additional foot will be as per Schedule 'A' of By-Law but in no instance will the culvert be longer than fifty (50) feet, unless as many catchbasins as are required, by the Director of Public Works, have been installed. Urban Areas: All entrances will comply with the Town of Newcastle's Design Criteria and Standard Drawings and/or with provisions already allowed for in this Policy. c) Sight Distance: For the purpose of this Policy, and where physical conditions permit, the minimum clear sight; distance requirements, as shown in Tables 2 & 3, shall apply. The desirable clear sight distances shown are designed to to enable existing vehicles to... i) Upon turning left or right, accelerate to the operating speed of the street without causing approaching vehicles to reduce speed by more than ten (10) miles per hour. ii) Upon turning left, clear the nearest half of the roadway, without conflicting with vehicles approaching from the left. The sight distance requirements for passenger cars are based on a six (6) foot height of eye, and a four-point-five (4.5) foot height of object. e e The values shown in Tables 2 & 3 are for 'Urban' conditions. On Rural highways, distances should be increased by ten (10) per cent to allow for slower driver reaction. 'e e It e . - 7 s. SPECIFICATIONS (Continued) e d) Grades The desirable and suggested maximum grade changes for urb~n and rural driveways under this policy will be as follows: i) Urban Edg e of or Cu r b Pave ment I l G1 ~" Tangent -- Figure 2 High Volume Entrance Way Low Volume Entrance Way I (properlY G21 Li ne ~ ' .. G1 Max. G." '* 2 ~'lax. + _ 3% ! 6% + 5% +10% *G2 maximum applies to first twenty (20') feet back of the property line. .I ii) ~l.lral e t. r poivt'l ~~~' r I~' I rnel. I o.os' I p.!!..!!. 3 % _ I I ~'T~' Culvert ~ Fitu". 3 (=j I , Condition) . '.~,,,,"~:"':',,-. r5'T5' IO~ o"'a3C ~. Exist. entrance level , ' It t:' . e - 8 ", e SPECIFICATIONS (Continued) 'p) GraJes ii) Rural e I I t. t I rr I I ST-'~"~'T~'l I o.~%-I rS'j!S'1 ' Exist. entrance leve' ;;f- Culv.rt J Figure 4 (Cut Condition) tit e) Horizon tal and Vertical Alignment For the purpose of this policy and where physical conditions allow, a permit will not be issued: e i) For a commercial or industrial entrance way in an area where the speed limit is fifty (50) miles per hour or more. - on a curve of more than three (30) degrees. - on a hill where the grade is more than four percent. ii) For a commercial or industrial entrance way in an area where the speed limit is less than fifty (50) miles per hour. - on a curve of more than six (60) degrees. - on a hill where the grade is more than six percent. e e " ;~ - 9 - ." .,. 5. SPECIFIeATIONS (Continued) e f') Concrete curbing, 4" to 6" above the ground must be used in the construction of any traffic islands and to physically control vehicle traffic from entering or leaving the appli- cant's property at other than approved entrance ways. Where the highway has an open ditch line of sufficient depth to form a natural barrier, the desired control of vehicles entering and leaving the premises can be obtained by leaving this ditch line open; thus eliminating tile need for curbing. e e f" ' /, I I I ei e e ':,:,~~~J;~ ;:~;__-;)!J ,,:". . - 10 - .'11-" TABLE 1 e BASIC ENTRANCEWAY DIMENSIONS e DIMENSION REFERENCE (' (See Fig.l) RES. URBAN RURAL COMM. IND. RES. COMM. IND. 1. Width W Minimum 15 18 20 16 18 20 Maximum 25 30 40 30 30 40 2. Right Turn Radius. R Minimum 5 10 15 10 15 25 Maximum 15 50 50 25 80 80 3. Minimum Spacing From Property Line P R R R R R R e From Point of Tangency C 5 10 10 40 55 5. Between Driveways S 0 0 0 % 0 0 4. Angle A 700 700 700 700 700 700 lea) In high pedestrian activity areas such as in central business districts or in the same block with an auditorium, school or library, the maximum basic width should be thirty (30) feet. The width is intended to be measured perpendicular to the centreline of the driveway, in most instances, at the inner limit of a curbed radius or between the line of the radius and the near edge of a curbed island at least fifty (50) feet square in area. (b) With the exception of two one-way drivewa~s then they shall have a minimum separation of twenty-five (25) feet measured parallel with and along the property line where the driveways are to be located. 2. On the side of a driveway exposed to entry or exit by right turning vehicles, in high pedestrian activity areas, the radii should be half the values shown. 3. Measured along the curb 'or edge of pavement from the roadway end of the ultimate or future curb radius. In high pedestrian activity areas, the minimum spacing between driveways should be twenty-five (25) feet. e 4. Minimum acute angle measured from the centreline of roadway and generally based on one-way operation. e ,~-~~-" ..'.. e e' Qriveway Dimensions (5.. Tabl. I prec.din~) w \ Curb or edge of lurfaced road curb --I 1- 1< '--- l !jl R t.~ If Island, !5O sq. ft. or greater area Figure -- ~'",". ~""II_1 __ __ I T't. ._ __-",.'...~.r.~,...t"~,,",H.". ...............-....wMII. ..1 It . , a. ~3 ~ I l.] a:: ~ ......1 a:: I en {: Ifi- I a: a: Centre Une of roadway ........... - 11 - . " e e .~ ':' . . . e, .. . - 12 - SAFE SIGHT DISTANCE REQUIREMENTS FOR PASSENGER CARS TABLE 2 e Entrance onto a Two-Lane Road OPERATING SPEED SAFE SIGHT DISTANCE - LEFT (a) SAFE SIGHT DISTANCE - RIGHT (a) lan/h (mph) feet meters meters feet 30 20 50 30 60 40 80 50 46 107 162 226 150 350 530 740 40 79 134 213.5 130 260 440 700 (a) Measured from a vehicle 3 meters (10 feet) back of the pavement edge. TABLE 3 e Entrance onto a Four or Six-Lane Road OPERATING SAFE SIGHT SAFE SIGHT SPEED DISTANCE - LEFT (a) DISTANCE - RIGHT (b) lan/h (mph) meters feet meters feet 30 20 40 130 40 130 50 30 67 220 79 260 60 40 116 380 134 440 80 50 189 620 213 . 5 700 100 60 290 950 320 1050 (a) Measured from a vehicle 3 meters (10 feet) back of the pavement edge to a vehicle in the outside lane. Measured from a vehicle 3 meters (10 feet) back of the pavement edge e (b) to a vehicle approaching in the median -lane. J{01It Tables 2 t. 3 are as per the Institute of Traffic Engineers - "Recommended Practice".