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.
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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.
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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.
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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.
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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