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Home My WebLink AboutCS-08-91 TOWN OF NEWCASTLE z�`� 'S' '` REPORT File # ,° f ` F ?) , f, 7'. r (1, c ` /�` " Res. �''r-:—:,�: ),. By Law # NESTING: GENERAL PURPOSE AND ADMINISTRATION DATE: MARCH 4, 1991 REPORT #: CS-08-91 FILE #: SUB,ECT' PERMIT FOR TEMPORARY ACCESS (Parks and Open Space Owned by the Town) RECOMMENDATIONS: It is respectfully recommended that the General Purpose & Administration Committee recommend to Council the following:- 1. That Report No. CS-08-91 be received; 2 . That Attachment No. 1 be adopted as the Town Policy for temporary access to parks and open space for the purpose of construction on private lands; and 3 . That the non refundable fee for inspection and administration be approved at fifty dollars ($50 . 00) . 1. 0 BACKGROUND: 1. 1 An area of concern is the anticipated requests by home owners to have access over Town 'property usually for the purpose of construction on their private lands . Most commonly the requests centre around swimming pool construction or additions to their residences. The Town does not wish to withhold . ./2 't1 1 REPORT NO. CS-08-91 - 2 - MARCH 4, 1991 permission unreasonably but at the same time must ensure that the Town's and the public 's interest are protected and that the Town is not faced with frivolous requests . 1.2 Issues to be considered in giving approval are: a) Is there a reasonable alternative route to gain entry to the construction site? b) Are the public and the Town protected by an appropriate indemnity agreement insurance coverage and security in respect of damage provided by the applicant? c) Is the public adequately protected physically from the construction route and site, day and night? d) Are the Town's properties and facilities protected . adequately during construction from severe or unrepairable damage to curbs, sidewalks, trees, irrigation lines, etc . ? e) Will the public as a result of the proposed undertaking be denied convenient access to a major park feature or facility? f) Do the ground conditions or weather conditions permit the amount of damage incurred to be limited? g) Is the public interest protected by the posting of a refundable cash deposit to cover damage to Town property? 1 .3 Where appropriate the Public Works Foreman will be contacted prior to the issuance of the Temporary Access Permit to determine special conditions which may be required in connection with the protection of Municipal and utility services . 1.4 Development of a Council approved policy will ensure that each concern is met in a fair and equitable method. The proposed policy (Attachment #1) meets the Town's major concerns and shall be the basis of consideration and the process by which approval be given. . ./3 ,1 REPORT NO. CS-08-91 - 3 - MARCH 4, 1991 1.5 Staff proposes that a non refundable fee required for administration and inspection be $50. 00 and be subject to annual review within the context of approved fee structures . 1.6 During review of the proposed policy, the Public Works Department was consulted for input and co-ordination of applications between our two departments . Their concerns and recommendations have been addressed and incorporated in the report to provide unified Town approach. 1. 7 In addition, this report and policy has been reviewed by the Parks Policy Committee. Their comments have been incorporated and has received the Committee's endorsement. Respectfully submitted, Recommended for presentation to the Committee )( ,df i, -G / Jose P. Caruana, Director Lawrence , . Kotseff Department of Community Services Chief A* inistrative Officer JPC:JDC:DH:sda t DN: POLICY.PRK POLICY DATE: FEBRUARY 1991 DEPARTMENT: COMMUNITY SERVICES DEPARTMENT DIVISION: OPERATIONS SECTION: PARK MAINTENANCE SUBJECT: PERMIT FOR TEMPORARY ACCESS PAGE 1 OF 2 (Parks and Open Space Owned by the Town) 1.0 APPLICATIONS: 1.0 The owner of properties which abut a Town owned park or open space who wishes to obtain approval for access to their land across Town property shall submit his request in writing to the Director of Community Services setting out: (a) the reason for the application; (b) the route of access; (c) the commencing date for construction of the project; (d) the completion date of the project; and (e) the names of all trades and sub-trades involved. 2.0 CONDITIONS: 2.1 Town staff will inspect the site and access routes. The Director of Community Services may refuse the application if: (a) a reasonable alternate route exists; (b) the damage to trees and landscape will be excessive and/or unrepairable; (c) convenient and safe access will not be available to the public; and (d) use of the access route may disturb, damage or deny use to the public of a main park feature. 2.2 The Director of Community Services, if he deems the application suitable, will prepare a response in writing stating the conditions under which the permit to access Town owned parks or open space will be issued, which response may include: (a) an estimate of the amount of damage and cost that may occur to parkland and road allowance; (b) the requirement for payment of a non refundable fee for inspection and administration fees; (c) a requirement for temporary construction fencing to protect park users from vehicles and to restrict the vehicles to a corridor; (d) requirements to protect curbs and sidewalks; (e) requirements to protect trees, paved areas, irrigation lines, etc. ../2 POLICY DATE: FEBRUARY 1990 DEPARTMENT: COMMUNITY SERVICES DEPARTMENT DIVISION: OPERATIONS SUBJECT: PERMIT FOR TEMPORARY ACCESS PAGE 2 OF 2 (f) instructions to deal with conditions caused by inclement weather; (g) a statement that the permit will be given only from July 1st to September 15th and from December 15 to March 15th weather permitting; (h) provision of public liability insurance by the contractor and/or property owner in the Town's favour in the amount of 2 million dollars per claim to the satisfaction of the Town Treasurer. (i) execution a of save harmless and indemnity agreement satisfactory to the Town's Solicitor; (j) a statement of the amount of the refundable cash deposit to be given to the Town to ensure that all damage to Town property, and utility plant and services is rectified at the expense of the applicant; and (k) a right of entry to the Town and its employees to inspect during construction for compliance with the permit and its conditions. 3.0 ISSUANCE OF PERMIT: 3.1 The applicant, upon agreement to the conditions and after he has posted the necessary insurance, executed and delivered the save harmless and indemnity agreement paid to the Town the necessary refundable cash deposit and paid to the Town the non refundable inspection and administration fee, shall be issued with a permit and letter to permit access to a particular part of the park or open space in question. 4.0 RECTIFICATION OF DAMAGE: 4.1 At the completion of construction on the private lands, the Town will inspect for any damage to Town property and utility plant and services and the Town on the utility concerned may rectify same and be reimbursed for the cost of doing so from the refundable cash deposit given to the Town in satisfaction of a condition of the issuance of the permit. After all damage has been rectified and the Town and/or utility concerned have been reimbursed, the amount of the refundable deposit which remains shall be repaid to the applicant without interest. THE TOWN OF , ,, ewcastle ---- jj ONTARIO PERMIT NO. TEMPORARY ACCESS PERMIT APPLICANT/OWNER: Mr. John Smith ADDRESS: 19 Sunset Blvd., Bowmanville TELEPHONE: 623-5555 DATE: June 27, 1990 Permission is hereby given to cross Whitecliffe Park property with entrance on Whitecliffe Blvd. Lot 31 ,Concession 3 , Darlington in the Corporation of the Town of Newcastle between July 1st and July 27th incisive. This agreement is conditional upon the adherence to the terms addressed in the letter to the applicant dated June 15th which terms form part of this license. Signature SAMPLE Director of Community Services 1 l