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HomeMy WebLinkAboutWD-37-83 i -V 4 CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT R. DUPUIS, P. ENG., DIRECTOR HAMPTON,ONTARIO TEL.(416)263.2231 LOB 1JO 987-5039 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF APRIL 5, 1983. REPORT NO: WD-37-83. SUBJECT: BY-LAW TO REGULATE THE CONSTRUCTION OF DRIVEWAY ENTRANCES UPON HIGHWAYS UNDER THE JURISDICTION OF THE CORPORATION OF THE TOWN OF NEWCASTLE RECOMMENDATION: It is respectfully recommended : 1 . That Report WD-37-83 be received ; and , 2. That a by-law be passed to regulate the construction of driveway entrances upon highways under the jurisdiction of The Corporation of the Town of Newcastle; and , 3. That the attached by-law be forwarded to Council for approval . BACKGROUND AND REPORT: As Members of Committee are aware , the Town has had some difficulty in enforcing By-Law 81-37 in respect of the installation of entrance- ways on roads under Municipal jurisdiction. In late 1981 Council referred a proposed By-Law to the Town Solicitor, for his advice and approval , and the attached is that which was drafted by the Solicitor at that time. The By-Law for entranceways is meant to be used in conjunction with Town Policy governing the terms and conditions under which access is granted , the details of which were presented in Report WD-36-83. i WD-37-83 Staff have reviewed the proposed by-law and feel that, by it's adoption and that of the Policy , the Town will benefit, by the elimination of problems created in the past which have been as a result of lack of definition leading to the inability to enforce Town standards and conditions , and the matter of entranceways onto Municipal highways will be more easily administered and controlled. Respectfully submitted , R.G. Dupuis , P. Eng. , Director of Public Works. March 28 , 1983. :vh i THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NO. 83- I being a by-law to regulate the construction of driveway entrances upon the highways under the jurisdiction of The Corporation of the Town of Newcastle WHEREAS The Corporation of the Town of Newcastle deems it desirable to enact a by-law to regulate the construction of driveway entrances upon roads under the jurisdiction of The Corporation; NOW THEREFORE BE IT ENACTED as a by-law of The Corporation of the Town of Newcastle as follows : i 1 . DEFINITIONS: In this By-Law (i ) "Applicant" means the person , agency or organization making application for property access and acquiring an Entrance Permit. (ii ) "Director" means the Director of Public Works of The Town of Newcastle or his designated representative. ( iii ) "Boulevard" means any part of the highway where grass is grown which is not intended for use of vehicles between the curb or outside edge of the shoulder and the street line , inclusive of the area covered by a sidewalk or footpath. ( iv) "Entrance" means any private road , gate , entranceway, access or other structure or facility constructed as a means of access to a highway. (v) "Entrance Permit" means a permit granted as a result of an approved Application for Property Access , under this by-law for entrance. (vi ) "Highway" means any public right-of-way which includes , but may not be limited to , alleys , avenues , boulevards , circles , courts , drives , highways , caves , paths , places , roads , streets , terraces and walks under the jurisdiction i i Definitions. . . . - 2 - (vi ). . of The Corporation of the Town of Newcastle and shall include the whole of the lands under the jurisdiction of The Corporation of the Town of Newcastle between the street lines , notwithstanding that it may not be paved , treated nor covered by a sidewalk. (vii ) "Lot" means a parcel of lands which is capable of being legally conveyed , in accordance with the provisions of Section 29 of The Planning Act, R.S.O. 1980 (379). (viii ) "Street Line" means the line dividing the lot from the highway. 2. CONDITIONS: No person shall , upon any lot: (a) upon which there already exists an entrance; (b) upon which there exists an entrance which is temporary in character; (c) upon which no structure has been erected; (d) which is the subject matter of development, as defined in Section 40 of The Planning Act, R.S.O. 1980 (379); or (e) which has been rezoned from one zoning category to another i 1undera restricted area zoning by-law of the Municipality. construct, alter or relocate or cause to be constructed , altered or relocated an entranceway without an entrance permit issued by the Director. 3. No person shall excavate, dig , fill , tile , asphalt, concrete or otherwise cover or disturb, nor cause or permit any person to excavate, dig , fill , tile, asphalt, concrete or otherwise cover or disturb any boulevard or portion of the highway without an entrance permit. 4. No person shall construct, alter, relocate or cause or permit to be constructed , altered or relocated any entrance except in accordance with the terms , conditions and specifications of the permit issued . Conditions. . . - 3 - 5. In establishing the terms , conditions and specifications of the entrance permit, the Director shall be guided by the Policy for Entranceways of the Town , as adopted by Council from time to time , and to public safety and shall have regard to the location , width and proposed use of the entrance to be constructed , or used as a means of access to a highway, and to sight lines along the highway, the location of public utilities , signs and trees. 6. In addition to any other terms or conditions imposed , each entrance permit shall contain the following terms and conditions : (i ) if the entrance is constructed , altered or relocated by The Corporation of the Town of Newcastle the applicant shall pay all costs of such construction , alteration or relocation , in accordance with Schedule "A" of the Policy for Entranceways. ( ii ) if the entrance is constructed , altered or relocated by anyone other than The Corporation of the Town of Newcastle this shall only be under the terms and conditions of a development agreement with The Corporation , and shall only be undertaken by a contractor approved by the Director upon payment of the fees , or giving of monetary guarantees , as specified in the agreement. (iii ) Any entranceway construction , alteration or relocation as detailed in (ii ) shall be performed in a good and workman- like manner, in accordance with the conditions , terms and specifications of the entranceway permit, and shall be subject to supervision , inspection and final approval of the Director. ( iv) if the entrance is constructed , altered or relocated by anyone other than The Corporation of the Town of Newcastle, such contractor shall notify the Director upon the completion of the construction , alteration or relocation who shall inspect the work and , if such work has not been completed in a good and workmanlike manner in accordance with the conditions , terms and specifications of the entrance permit, it shall be redone, at no cost to The Corporation Conditions .. . - 4 - 7. Every person who contravenes the provisions of this by-law, or who causes or permits the contravention of the provisions of this by-law, shall be guilty of an offence, and , upon conviction therefore , shall forfeit and pay a penalty not exceeding One Thousand Dollars ($1 ,000. 00) , exclusive of costs , for each offence and every such penalty shall be recoverable under The Municipal Act and The Provincial Offences Act. 8. In addition to any other remedy, any contravention of any provision of this by-law may be restrained by action at the instance of The Corporation of the Town of Newcastle pursuant to the provisions of The Municipal Act in that behalf. 9. By-Law 81-37 of The Corporation of the Town of Newcastle is hereby repealed. This By-Law read a first and second time this day of 1983. This By-Law read a third and final time this day of 1983. Mayor Clerk