HomeMy WebLinkAbout71-44THE CO PORATIOII OF THE
T O 17 OF BOt' 1, k t1 d ILL%
BY -LATW 170. 71 -44
To regulate the temporary closure or occupancy
of highrray7s in the Town. of Bot m anvil le
NOW, THEREFORE, BE IT MIT CT ED Ai'?D IT IS HEREBY ENACTED as a by -law of
The Corporation of the Town of Boimanville by the Council thereof as follows:
1. Except as perlitted in Sections 3 and 5 hereof, no person shall
temporarily close, obstruct, encumber, injure or foul any highway
or bridge or any part thereof in the io;:r, of Boirmanville by
placing any tent, leanto, f-cnce hoarding, structure or any chattel
or excavate or in any Tray disturb the surface or the soils or material
thereon, �,Tithout the written approval of the Town Engineers The
conditions of this by -lair shall not apply to any motor vehicle as
defined in the Highway Traffic Act being located on the travelled
portion of the highway.
2. No person shall close, obstruct, encumber, injure or foul any Hglmuay
or bridge or any part thereon in the Town of BoN'Trianv ille by any
:mans including the installation or repair of any public utility,
except when carried out in accorda_r,ce frith the provisions of this
by- 1a?ao
3. Any person intending to close or occupy a Town of Botirmanville highway
must dclivcr notice of this intention in ,rritino to the Toy, -m Engineer
of the ToTrn ofotraanville, at least 2z: hours in advance of said
closing or occupancy- on residential streets, and at least 48 hours
in advance o= said closing or occupancy at intersections wherc
approved traffic control signals are or on arterial
streets anc collector sheets. The notices required by this section
shall exclude time on Saturdays, Sundays and holidays when Civic
buildings are closed,
Z:. The person delivering the required notice as set out above, Khali
apply for a Road Occupancy Permit.
5. The application shall be ade in the name of the person or company
who will be carrying out the ,cork on any To�•n of Bo-•manville highway
or bridge. The applicant shall indicate the intended starting date
and duration of such closure or occupancy.
6. Every person upon obtaining a permit from the Town. Engineer as set
out above shall pay to the Town Treasurer the sum of One Hundred
Dollars ($100.00).
7. If to carry out any works it is necessary to alter, break, or
disturb an existing pavement, boulevard or sidewalk, the extent of
such alteration, breaking or disturbance shall be set out on the
permit iriiiediately upon completion of the works. Following - satisfactory
completion of the temporary repair, the Corporation of the Tom of
Bowmanviile will maintain the pavement, boulevard or sidewalk cut,
until a final repair is completed by the Corporation of the To ?.-n of
Bowmanville, Trithin 30 days of completion of the work, all at the cost
of the applicant. The cost incurred in this repair operation will be
deducted from the permit deposit.
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8, Permanent repairs to all sodded areas shall be completed by the
applicant.
9. The applicant shall maintain access to all public and private
properties,
loo TWhile an y alteration, breaking, or disturbancc is underway, the
applicant pursuant to this by-lave shall have the perr_.it available
at all times during ulnJ ch uOrk is in. p170gress<
llo All necessary precautions Txa t be ta'__en to ensure the safety of
all TTork -er_ on the job site and :There applicable all conditions
required under the latest edition of the Trench Excavatorst
Protection Act and Regulation 559 ..lust be 'met.
12. The permit shall be null and void if the applicant shouldv fail
to meet tic requirements of the permit, and in that event, �a
r_
new application for a permit shall IiD made.
13. When conditions or unforeseen difficulties require a longer period
for completion than indicated on the per;ait, the applicant shall
notify the Town Engineer of t1he ad litional time required and the
reason therefore.
14. The Tovm of Boz:manville, on behalf of the applicant, will notify
the Police Department, Fire Depa- trnont, and any agency or company
oper<_ting a public transportation service or school bus service
affected by the closure or occupancy of the commencement and
termination of the sai -I closure or occupancy.
15. Where a utility or public service company occupies or closes a
Tovm of Bo T,ianville highway as a ---suit of an emergency, telephone
notice shall be given immediately to the Town. Engineer of the
TOVm of Boti.Tmanville and on the ne..t working day application for a
permit shall be
16. Where a highway or portion thereof is closed or occupied under the
authority and approval of the Tovm Engineer, the Corporation of the
TON•m of Bov=anvillc shall provide and 'cep in repair a reasonable
temporary alternative route for tra..�f is around the work site, all
at the cost of the applicant.
17. A Road Occupancy Perzlit will not be required by a Utility Company
for the following types of worn:
(a) instC _11in�, zaintaining or relocating a pole line,
(b) raising or lcr -ering utility service boxes,
(c) ,aork on sl-rut -off valves,
(d) initial wor_. conducted in new subdivisions pmr to
installation of sidewalk, curb and gutter and asphaltic
concrete pavement,
(e) work in manholes, valve chambers and transformer vaults.
18. The applicant assumes all liability for any resultant maintenance
and /or requr.ed permanent repairs, and such repairs shall be
carried out by the Totm of Boi- mianville all at the cost of the
applicant,
19, The Corporation of the Tovm of Bowmanvillc shall assume any further
maintenance or repair subsequent to the permanent repair.
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20. 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 public highway 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.
21. Any person convicted of a breach of any of the provisions of this
by -law shall forfeit and pay, at the discretion of the convicting
Magistrate, a penalty not exceeding the sum of $300.00 exclusive
of costs, for each offence.
22. By -Law No. 1723 and any other by -law not consistent with this
by -law is hereby repealed. S
By -Law read a first and second time this 6th day of December, 1971.
By -Law read a third time and finally passed this 6th day of December, 1971.
Signed IVAN M. HOBBS, MAYOR
Signed J. M. McILROY, CLERK