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HomeMy WebLinkAbout78-98 i . .1 * . . . # THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NO. 78-98 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 permit- ting any person to place, construct, install, maintain and use objects in, on, under or over sidewalks, boulevards, bighways under its 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 watercourse and for requiring tbe person causing the obstruction to remove it. NOW THER~FORE 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 BOULEVARDS Means any part of the highway where grass is grown of which is not intended for use of vehiches between the curb or outside edge of the shoulder and the street line inclusive of the area covered by a sidewalk or foot path. ( ENTRANCE Means any private road entranceway, gate or other structure or facility constructed as a means to a municipal road. LOT LINE Means the line dividing two adjacent properties. STREET LINE Means the line dividing a lot and the road allowance. . e e . . - 2 - 2. HIGHWAY 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. STRUCTURE Means anything constructed or erected, the use of which required 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. COMPLIANCE WITH BY-LAW (a) That 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 of Public Works (hereinafter called The "Director") of the Corporation of the Town of Newcastle (hereinafter called the "Town") or his designated representative. (b) 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 to public safety and in accordance with the entrance policy of the Town as adopted by Council from time to time. (c) An entrance permit shall be applied for one or more of the following and prior to a building permit being issued. (1) Erection of a structure on vacant land (11) Entrance to vacant land where no entrance exists (111)Change from a residential and/or agricultural use to any other use (d) That all costs pertaining to the entrance to 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 person applying for the entrance permit (Hereinafter called "The Applicant"). ~. - 3 - e (e) All works undertaken within a municipal highway shall be carried out by the Town's Public Works Department or by a contractor approved by the Director. (f) 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 at the time of application for an entrance permit. If the application is not approved, the costs will be returned to the applicant. (g) That no person shall tile or cover a boulevard, except 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 driveway 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 or used as an entrance before the day on which this By-Law takes effect, provided that where an entrance has been constructed prior to the effective date of this By-Law, which obstructs a boulevard or watercourse on a municipal high- way, 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 neglects 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 incur- red by the Town so doing, shall be paid by the owner. (k) 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 contravention 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. e . \" '. .. . . e e , ' - 4 - (m) That where the person to whom notice is given under Section (k) fails to comply with the notice within thirty (30) days after its receipt, the Municipal Council may by resolution direct any of- ficer, employee or agent of the Town to enter upon the land of such person and to 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 guilty 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. (0) That the Town shall maintain and replace from time to time as required all culverts installed pursuant to this By-Law, the maintenance of the driven surface of the driveway shall be the responsibility of the owner. (p) That By-Law No. 74-47 and By-Law No. 75-67 of the Town are hereby repealed. (q) This By-Law shall take effect on the day of its final reading. BY-LAW READ A FIRST TIME ON THIS 23rd October 19 78 19 78 19 78 DAY OF BY-LAW READ A SECOND TIME ON THIS 23rd October DAY OF BY-LAW READ A THIRD TIME ON THIS 23rd DAY OF October -~~~ G. B. Rickard, Mayor i4.J~r..~AZI. / Gertrucle E. Gray, D puty Clerk , 1 . '"' - . . .... 'I. . . . BY-LAW Number 78-98 SCHEDULE 'A' . DRIVEWAY ENTRANCE TYPE PAYABLE TO MUNICIPALITY 1. Driveway entrance - no culvert Cost of construction and materials, but in no case less than $100. 00 2. Driveway entrance - 15" diameter - 24 ft. in length 3. Driveway entrance - 18" diameter - 24 ft. in length 4. Driveway entrance 24" diameter - 24 ft. in length 5. Driveway entrance - (other than as described in Items 2, 3 and 4 above) e 6. Driveway entrance - extension 7. Driveway entrance - relocation $300. 00 plus $12. 00 per foot in excess of 24 ft. $350. 00 plus $14. 00 per foot in excess of 24 ft. $450. 00 plus $18. 00 per foot in excess of 24 ft. Cost of construction an materials. * See Notes 1 and 2, below. $10. 00 per foot plus cost of couplers required - minimum $50. 00 Cost of construction and materials. * See Note n 1. * NOTES: 1. As estimated by the Director of Public Works of the Corporation of the Town of Newcastle. 2. Required in the sole opinion of the Director of Public Works of the Corporation of the Town of Newcastle. . 'r . .. ;. . . . THE CORPORATION OF THE ==s=================== . TOWN OF NEWCASTLE ._m======_==2_=== PUBLIC WORKS DEPARTMENT ===============-======= POLICY FOR ENTRANCE ===.__====_==a:a=== 1. GENERAL: 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. 2. DEFINITIONS: a) "Entrance" means any private road, entranceway, gate or other structure or facility constructed as a means of access to a Municipal Highway. b) "High Volume Entrance" means an entrance providing access and/or an office, retail or institutional building. an apartment building containing more than five dwelling units. an employee or other parking lot. an industrial facility, warehouse or trucking terminal. a community or regional shopping centre. ,. . . . . .~. DEFINITIONS: Continued... 2 - b) iv) a recreational complex. c) "Low Volume Entrance" means an entrance providing access and/or egress to: i) a single family residence. ii) an apartment building containing not more than five 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 passage of animals and crops. d) a request for an entrance providing access and/or egress i) to land uses not covered above shall be subject to interpretation by the Director of Public Works as to whether a "high"or "low" 3. volume entrance will be required. e) "Temporary Entrance" means an entrance providing access for a maximum of 6 STANDARDS: months. Low volume entrance shall be limited to the following number, for each property: a) i) up to the first sixty (60) feet of frontage - 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 of Public Works only when sufficient evidence of necessity is provided by the Applicant. b) High volume entranceways shall generally be limited to the following number for each property: i) up to the first 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 entrance may be required for a high volume entranceway. . . . 3. STANDARDS: continued... 3 c) all entrances shall be constructed by the Works Department or its contractor 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 O~ler may construct the entranceway, but it will be completed to the satisfaction 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 of Public Works may require, as a condition of access, the construction of a median barrier to block left-turn access, right turn storage bays and/or egress to the subject property. All of such structures will be constructed to the satisfaction of the Director of Public Works. Where, in the Director's opinion, 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, drive-in banks, drive-in 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 queue of waiting vehicles extending onto the highway. f) Where accesses are affected by the reconstruction of Municipal Highways, Municipality will reinstate, in kind or better, at its cost, the affected entrances. The reinstatement, improving, upgrading or closing of these entrances will be adjusted to conform to this policy. l . . . 3. STANDARDS: continued... 4 - g) In future, all Subdivisions, where practical, will be designed to prohibit access onto any Municipal Arterial Streets; its policy shall apply for single family, semi-detached and any freehold attached dwell- ings. 4. PllOCEDURE : 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 an 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) Application forms for entranceways are available from the Town of Newcastle Public Works Department. c) 'In cases where entrances are required within a 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. d) Applications for "High Volume" entrances must be accompanied by site plans of the proposed entranceway for approval by the Municipality. e) 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 its original use, f) (e.g., residential to commercial), a permit must be acquired and the installation shall comply with the specifications as set out in this policy. ... .4; . . . PROCEDURE: continued... 5 - The applicant is responsible for staking the location of the proposed entrance. These stakes shall not be removed until the entrance is constructed. Upon receipt of an entrance application, inspection of the proposed site will be carried out by the Town of Newcastle's Works Department. The property owner must appl, for and be issued 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 contractor must be approved by the Municipality. A property owner must be issued with a permtt 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 its contractor. An entrance constructed without approval or used contrary to the conditions under which it is approvedt will be removed by the Town 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 I) h) i) j) k) 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 entrance and shall be constructed and charged for 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. T 4. PROCEDURE: continued... 6 - 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 ex- pense for clean-out purposes. . 5. 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 I. 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. Minimum requirement for culverts and entranceways: b) c) Rural Areas: The culvert required for an entranceway will not be less than fifteen inch (15") in diameter and twenty-four feet (24 ft.) in length. If the owner requests a wider entrance each additional foot will be as per Schedule "A" of By-Law No. but in no instance will the culvert be longer than fifty feet (SO ft.) 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 Design Criteria and Standard Drawings, and/or with provisions already allowed for in this policy. Sight Distance: For the purpose of this policy, and where physical. conditions permit, the minimum clear sight distance requirements as shown in Tables 2 and 3 shall apply. . e , 5. SPECIFICATIONS: continued... c) Sight Distance continued... 7 - e The desirable clear sight distances shown are designed to enable existing vehicles. i) Upon turning left or right to accelerate t~ the operating speed of the street without causing approaching vehicles to reduce speed by more than 10 m.p.h. ii) Upon turning left, to 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 3.5 ft. height of eye, and a 4.5 ft. height of object. The sight distance requirements for semi-trailers are based on a 6.0 ft. height of eye and a 4.5 ft. height of object. The values shown in Tables 2 and 3 are for urban conditions. On rural highways, distances should be increased by 10 per cent to allow for . slower driver reaction. . , .' 8 - 5. SPECIFICATIONS (Continued) . d) ___4.. The desirable and sugges~ed maximum g=3de changes for urban and rural driveways under this policy will be as follows: i) Urban Edit of 0' Cu r b I I Pave ment I ~ I , (proper'l G2 [ Line I~ TonQent ~ G1 . Fig",. 2 G1 Hax. G2 :"ax. 11 High Vol~~e Entrance ~ay Low Volume Entrance Way + _ 3% + 6% + 5% + lOl *G2 maxim~~ applies to first twenty (20') :eet bac~ of the property line. ii) :t""ral . i r ,.~vt.l Sa~:' r 15' I rnd. . 0.06' I per 11. 3 0 --:10 _ I 1 ..'. .' WI' v T ~ I I '-5'..... 5'~ I ' I 100/" I 1,1 I 0"'0" I ~ . I I 1 Exist, entronc. I,~"I Cul~.rt ~ I Figur. 3 (Fill Condition) <r '. 9 - . SPacIPICATIONS (Continued) d) Gr... . rl~. 11) ~r:.l i 1-5't5'1 I Eli,t. entrance level SttId. .....r \5' ..~. 5' ..,.lo..5.l rntl. i 0.%-1 7f- e.....'t J Fi9un 4 (Cut Condition) . e) . Horizontal and Vertical Alianment l ~ ~ For the purpose of ~~is policy a~d whe=e physical co~ditions allow, a permit will not be issued: i) For a commercial or industrial entrance way i~ an a=ea where the speed limit is fifty (50) miles per hour or JaOre. _ on a curve of more than three (30) degrees. _ on a hill where the grade is ~ore than four percen~. ii) For a commercial or industrial entrance way in an area where the speed limit is less than fifty (50) ~iles per hour. _ on a curve of ~ore than six (60) degrees. _ on a hill where the grade is ~~=e ~han six ?ercen~. - -,- . ~ 10 - 5. SPECIFICATIONS (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 the need for curbing. e . '" e . . 11 - , . TABLE 1. BASIC ENTRANCEWAY DIMENSIONS 1. 2. 3. 4. ------------------------------------------------------------------ ---------------------- 1.(a)Tbe aintmum width of commercial and industrial entrances is intended to apply to one-way operation. In high pedestrian activity areas such as in a central business district or in the same block with an auditorium, shool or library, the maximum baaic 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 50 feet square in area. (b) With tbe exception of two one-way driveways , then they shall have a minimum separation of 25 feet measured parallel with and along the property line where the driveways are to be located. 2. On the aide of a driveway exposed to entry or exit by right turning vehicles. In hlah 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 25 feet. 4. Minimum acute angle measured from the centreline of roadway and generally based on one-way operation. _ ~O".. .,~___._____.....---. - . .. _ .~lt~<.u..:.'~..xJ""...;rWl\r;.. .. .' . ,..... I : Drivtway Dimenlions (St. Tobit I precedinQ) aJ \ Curb or IdIa' of .urtoeld rood club It --- I I I -f. "'--ltJ R 'S R ...] .. If 1.1e"', 50 sq. 11. or ~r.otlr area Figure 12 - CL. ~3 I 1..1' _ ~ ~ " c I 1ft {: -t I I c I I futur. corne, rQCluS Clntre lint of rooch.01 . . . I ..., .. .. .. ~ .~ 13 - SAFE SIGIIT DISTANCE REQUIRFJ1ENTS FOR PASSENGER CARS TABLE 2 ~tr.ace onto a 'IWo-I..ane Road OP DATI NG SPEED SAFE SIGHT DISTANCE - LEFT (a) SAFE SIGHT DISTANCE - RIGHT (a) ka/h feet meters feet (.ph) meters 30 20 46 ISO 40 130 50 30 107 350 79 260 60 40 162 530 134 440 80 50 226 740 213.5 700 (a) Measured from a vehicle 3 meters (10 feet) back of the pavement edge. TABLE 3 Entrance onto a Four or Six-Lane Road OPERATING SAFE SIGHT SAFE SIGHT SPEED DISTANCE - LEFT (a) DISTANCE - RIGHT (b) ka/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 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 to a vehicle approaching in the median lane. ~: Tables 2 & 3 are as per the Institute of Traffic Engineers - "Recommended Practice". (a) (b)