Loading...
HomeMy WebLinkAbout1762A By-Law for permitting and regulating the size and mode of construction of culverts situated on a Highway or Township Road WHEREAS the Corporation of the Township of Clarke deems it expedient to regulate the materials used, and manner of construction of private driveways or entrance culverts; AND WHEREAS the authority for the works herein are to be undertaken under the terms of The Municipal Act, R.S.O. 19?©, Chapter 2g4r S• 352, S.S. 20, and amendments thereto; The Council of The Corporation of the Township of Clarke enacts as follows: 1. Except as hereinafter provided no person or persons or corporation shall obstruct any drain, watercourse or ditch situated on a highway or township road forming a part of the Township Road System. 2. The Road Superintendent or his agent shall determine if a culvert is necessary in conjunction with the entrance applied for. 3. The applicant shall provide all necessary labour and materials to construct an entranceway including the culvert pipe. 1~. The Building Inspector of the Township of Clarke shall not issue a building permit to an applicant until he has received a copy of the Entrance Application duly completed and signed by the Road Superintendent or his agent. 5. No person shall instal]. or allow to be installed arty culvert on a road in the Township of Clarke without having made application under this By-Law and having secured the approval of the Road Superintendent. 6. The minimum size of a culvert that may be installed shall be twenty- two feet (22~) in length by fifteen inches (15") in diameter and the length and diameter of each culvert shall be determined by the Road Superintendent or his agent. 7• Where a culvert in excess of 50 feet in length is requested the applicant shall be required to pay the entire cost of constructing as marry catch basins as may be necessary in the opinion of the Road Super- intendent to facilitate surface drainage from the roadway. 8. Where a person has installed or allowed to be installed any culvert other than that approved by the Road Superintendent or in a manner not acceptable to the Road Superintendent, then that person shall be notified of the condition and requested to remove the culvert. Should the removal of any unsatisfactory culvert be not completed within 30 days of receiv- ing notification men the Road Superintendent may direct a Road Employee to remove the culvert and the person shall pay the full cost of such removal. 9• Where a culvert has been installed in accordance with the provisions of the By-Law then the Township of Clarke shall assume responsibility for arty future damage done to culvert pipe through use of Township snow plow equipment or any other Township machinery or flooding from roadway. The applicant, owner, or tenant will be responsible for normal wear, or any flooding from owner or tenants property. 10. Where a proper drainage ditch on a road allowance is not in existence and an entranceway has been or is to be istablished by virtue of use, the applicant will not be required to pay the cost of an entrance culvert until such time as the road is rebuilt to acceptable engineering standards. At such point in time as the road is reconstructed and a culvert is deemed necessary by the Road Superintendent, the applicant or owner, at the time of road reconstruction willlbe required to pay only the cost of the cul- vert pipe. - 2 - 11. All applications are sub3ect to the hereinafter noted conditions: (a) Anon-returnable application fee of $10.00 shall accompany each application for entrance permit. (b) Permit applications will expire after 6 months from date of issue if no building permit has been applied for. (c) Entrance Application is not transferable. 12. Notwithstanding arty provisions of this By-Law, to the contrary a duly completed entrance culvert application will not be required by the Building Inspector in respect of building lots which are described in a registered plan of subdivision wherein storm sewers are required by this municipality within the terms of a subdividers agreement. 13. Any person who contravenes any provision of this By-Law shall upon conviction be liable to a penalty not exceeding $100.00 recoverable under The Summary Convictions Act. 11~. By-Law No. 1728 be and is hereby repealed. Read a first and second time this ~o, day of ~f--/ 1973 • Reeve Clerk Read a third time and finally passed this day of ~'a.o~~..e..~„~.~!c~ . 1973. Reeve 5L? .ibt d.c,c ~, f~i~~1_, Clerk