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HomeMy WebLinkAbout71-24THE CORPORATION OF THE T0111 OF BOMANVILLE By -Law No. 71 -24 To authorize and regulate the erection and maintenance upon, across or along any high - way or public place of certain transmission equipment NOW THEREFORE BE IT ENACTED AND IT IS HEREBY EFACTED as a by -law of The Corporation of the Town of Bowrmanville by the Council thereof as follows: 1. The erection and maintenance upon, across or along any highway or public place of poles, towers, ,sires, cables, amplifiers and other accessory equipment, and the construction and laying down of pipes, ducts and conduits for enclosing wires, cables, amplifiers, and other accessory equipment, for the purpose of transmitting electrical or electric impulees, signals and messages of every nature and kind, including those of alarm and protective systems, radio programmes or parts thereof, and television programmes or parts thereof, subject to the conditions hereinafter set out, is hereby permitted. 2. The placing and maintenance of such equipment upon and within any poles, towers, pipes, ducts and conduits erected, constructed or laid down, with the consent of the owner and the body in which is vested the management and control of such poles, towers, pipes, ducts and conduits, subject to the conditions hereinafter set out, is hereby permitted. 3. No person shall erect, maintain or place anything permitted under this by -law unless they possess and retain all necessary licences and government approvals in respect of the operation of the facilities. Z1-. No person shall make any installation or remove anything installed unless they have filed with the Engineer for the Town of Bowmanville an application for a permit. 5. No person shall commence any installation permitted under the provisions of this by -law until he has by permit received the expreso permission of the Engineer of the Town of Bowmanvilie, or remove anything permitted under the provisions of this by -law or remove any work installed until he has by permit received the express permission of the Engineer of the Town of Bozrianville. 6. Every application for a permit for any installation to be made under the provisions of this by -laver or for the removal of any installation already made where the services are to be located underground shall -file two (2) copies of a plan to scale showing the proposed location of such equipment including the specifications of the equipment indicating the dimensions thereof, the material comprising the same, and the depth or height to which such equipment is to be constructed or laid. - 2 - 7. Every application for a permit for any installation to be made above ground shall indicate the location of such equipment, pole line or transmission line or other facility uponu1nich such equipment is to be located, the location, the extent of such pole line and the name of the person, corporation or public utility owning the facility on which the installation is to be made and thhe height at which such installation is to be made, and copies of a plan to scale showing the location of any equipment in connection there =with erhich will be located on or under the public highway. 8. Any application for a permit to remove any installation alrelady made under the provisions of this by -law shall indicate the location anl: nature of the installation and the date upon ewhich the original application for a permit for the installation to be removed was made. 9. The said wires and cables shall be installed and maintained in such location or at such depth that they will not cause interference to or damage any existing services and will not interfere with the normal use and enjoyment of the public highway. 10. Where other public service works and public utilities are installed underground, all installations made under the provisions of this by-law shall be located underground and where all other public service works and public utilities are relocated underground all installations made under this by -law shall be relocated underground. 11. Notwithstanding paragraph 10, where public service works and public utilities are installed underground it shall be permissible to install a minimum number of pedestals above ground for electronic and associated equipment as required to maintain the system, estimated to average one per 100 dwelling units. 12. No person shall be permitted to make any installations under this by -lau on any above ground pole lire or transmission line erected solely for the purpose of such installation. 13. No person shall be permitted under this by -law to install any aerial cable betizeen standards erected solely for the purpose of street lighting where no oth-ur public service works or public utility maintains aerial cable. All installations i.-zcludin_g house connections for any services to a subscriber made pursuant to the provisions of this by -lau- shall reasonably conform in the manner and location, and shall reasonable meet all technical requirements and standards as nearly as may be to the method employed for public service tworks or public utilities on the public highway, provided that nothing in this paragraph shall require such installations to be located underground as long as any public service E -corks or public utility is located on pole lines or transmission lines above ground. - 3 - 15, No house connections above ground for providing service shall cross the travelled portion of any public highway unless other public service works or public utilities are already provided on the public highway in that manner. 16. Sections 4, 5 and 0 shall not be construed to require a permit for any installation solely to provide service to individual customers from installations already made pursuant to a permit issued hereunder and with- out limiting the generality of the foregoing a permit shall not be required for drops, amplifiers, splitters, multitaps or power supply added to existing installations. I 17. After any entry upon a public highway for the purpose of makin% any installation or removing any installation has been made, the person making such entry shall restore all the soil and shall restore the surface of the land to the same state immediately prior to such installation. In the event that any installation or removal involves the breaking up of pavement, sidewalks or curbs or gutters, the person making such installation shall replace and compact the soil and temporarily surface the area of such break with cold mix asphalt pavement, and shall thereupon notify the Town who will in turn restore the highway to its original condition. Every entry upon a public highway will be governed by any existing by-laws or any by-law passed by the Town of Bowmanville hereafter with respect to open cutting of any municipal property as enforced by the Town Engineer. is. Any person making any installations pursuant to the provisions of this by-law shall, a) pay the full cost of restoring the public highway to its original condition alter any work in connection with the installation, maintenance or removal of the wires or cables is completed. b) pay the full cost of inspection of the work by the Town W pay all other costs incurred by the Town in dealing with the application or in connection with work done thereunder. 19. Any installation made pursuant to the provisions of this by-laU shall be installed in a safe and proper condition and shall be so maintained. 20. Any person making any installation permitted by this by-law shall be entirely responsible for obtaining full and accurate information as to the existence, location and nature of other cervices and, without limiting the responsibility shall comply with any directions as to such matters given by him by the Town of Bowmanville. The Town assumes no responsibility for furnishing information as to existing services and assumes no responsibility as to the accuracy of any information obtained from the Town. - 4 - 21. Where in the course of constrUcti'lla, reconstructing, changing, altering or improving any highway, storm, sewer, sanitary sei•,7er, or -vTCtOrMa'inG etc., thereon, it becomes necessary- to take up, remove or change the location of any installation made under this by -lair, on or under the highway by any operating corporation or road authority as de-f-illed by The Public Service Jor'I"s on Highways Act, a person -naaint< ning any J-pstallation under the provisions of this by-law shall upon request -17ith 30 days notice to remove or relocate such installation at his 01-7n expense. 22. Every person ma-kin.- any installation under the provisions of this by-lmw shall indc-.11mify and save harmless the Corporation of the Tovn� o' BoIanville from and against --Ii loss, costs, damages, suits, or other proceedings, charges and expenses which the Corporation of the Town of Bowmanville may suffer or incur or for -,which it may become liable arising out of or by reason. of the construction, maintenance, repair, operation or removal of any installation permitted up-der the provisions of this by-lavy whether the same be caused by the negligence except gross negligence of the Corporation of the Totm of Bo-vrmanville, its agents, or employees or otherwise, the intent being that the Corporation of the Town of Bo-"manville shall be at no expense or loss to �qbicljj it v7ould not have been put had the said equipment as detailed above not been in existence or under construction, 23. No person shall erect, maintain or place anything permitted under this by -lair unless they have first filed with the Corporation of the Tovrtl of Bowmanville evidence that he has liability insurance with inclusive limits of not less than C�j 2000 000.00 i-nderaiif-Y-ing from all such loss or claims by le- .1 - - any person in any wa7 -1 0 .7 arising out of the erection, maintenance, placing or removal of any installation permitted by this by-la• and the Town shall be named insured in every such policy and every s-uch policy shall contain a condition that the policy shall- enure to the benefit of the Corporation of the Town ol Bowmanvjille as if a separate policy had been issued to the Corporation of the ToN.m- of Bo-vmanville. The sais' policy shall be kept in force as long as any installation permitted pursuant to this by-law is maintained. 24. The erection, maintenance or placing of any installation permitted by this by-law which involves the digging of trenc'I'les through or under streets, pavements, curbs, gutters, oidcc.-,alks and boulevards shall be subject to the control and supervisioa of the Engineer of the Toi-m_ of Bov,Tm. anville. 25. Any person making any installation in breach of any of the terms of this by-law shall remove all such installations within one (1) month of non-compliance being brought to his attention unless within the time prescribed of such termination, the breach has been remedied to the satis- faction of the Corporation of the Toi.nz of Bowmanville, and in the event that any person fails to remedy such breach, the Tot-M' may at its option remove such installations and recover from the o-vmcr or the person failing to remedy the breach, the costs or expenses incurred by the Town for effecting such removal. - 5 - 26. The Corporation of the To-vm of Bmv7manville reserves the right to terminate any permit issued pursuant to the provisions of this by -law by Q'iving three (3) month- notice of termi:iatior�. 27. Upon the ter :ination of any per:-Liit or anT licence of the Canadian Radio- Television Commiscion anything installed, erected, maintained or placed pursuant to the provisions of this by -lal shall be removed by the person making such installation at his own e..pense and restore the hightray or public place, unless ot-,ier arrangements have beer_ made. In the event that such person fail- to remove any installations as required by the Toz'm, the Town shall be at liberty to remove such installations and to recovpar therefrom the owner thereof any cost or e,- incurred by the Toun in effecting such removal. 28. Any installation permitted under this by-law installed prior to the date of the passing thereof be card t'_ie same are hereby confirmed provided that all information -got:- required to obtain a permit for such installation hereunder hac been filed with the Engineer for the ToGm of Bowni m- ville. Where any installation permitter. ender the provisions of this by -lava has been inciu`cd or rnixed with installations for normal telephone service, nottaith- tanding any other provisions of this by -lava, such installation is hereby permitted and confirmed. 29. Nothing in this by -lair shall be deemed to in any way prevent the Corporation of the Tozrp of Bowmanville, in the event that legislation is passed permitting the taxation of installations permitted under this by- lax-a, to levy any tax, or to prevent the Corporation of the Tom of Bowmanville from recuiring any agreement or accepting any consideration lawfully permitted under legislation hereinafter passed, and the Corporation of the Town of Bow- manville may require any person making any installations hereunder to enter into such an agreement upon thirty (30) days notice and any charge pursuant to such agreement shall take effect from the date upon which such notice expires, and in the event that such agreement cannot be reached, the person -maintaining any such installation shall be deemed to be in violation of the provisions of this by -far, and shall remove such installations as r quire,-' by paragraph 26 hereof. 30. Every person zrho contravenes ::ny of the provisions of this by -law shall be guilty of an offence and shall be liable upon conviction to a penalty of not more than $300.00 for each offence. By -Law read a first time By -Lai,a read a second tim, By -Latta read a� third time Signed Ivan M. Iiobbs Mayor this 3rd day of August, 1971. this 3rd day of Augers t, 1971. and ii alit' gassed this 3rd day of August, 1971. Signed ' °fr? Joseph M. McIlroy Clerk