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HomeMy WebLinkAboutWD-27-83 !. f r 4 � CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT R. DUPUIS, P. ENO., DIRECTOR HAMPTON,ONTARIO TEL.(416)263.2231 LOB 1JO 987-5039 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MARCH 21 , 1983. REPORT NO. WD-27-83 SUBJECT: BY-LAW TO REGULATE THE TEMPORARY CLOSURE OR OCCUPANCY OF HIGHWAYS OF THE CORPORATION OF TOWN OF NEWCASTLE. RECOMMENDATION: It is respectfully recommended : 1 . That this report be received; and , 2. That the attached by-law to regulate the temporary closure or occupancy of highways in the Town of Newcastle, be forwarded to Council for adoption. i BACKGROUND AND REPORT: On February 28, 1983 , Council enacted By-Law 83-32, being a by- law to establish a Policy in respect of the occupancy of municipal roads and rights-of-way. The attached by-law gives the authority to require certain assurances from any person or party wishing to occupy a Municipal road allowance, and ensures that the Town of Newcastle will not suffer financially from the results of any such,_,. occupancy. Respectfully submitted , 141-4 - R.G. Dupuis , P. Eng. , ' March 15, 1983. Director of Public Works. ..x � :vh �a '; THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NO. 83- Being a by-law to regulate the temporary closure or occupancy of highways in the Town of Newcastle. NOW THEREFORE BE IT ENACTED, AND IT IS HEREBY ENACTED as a by-law of The Corporation of the Town of Newcastle by the Council thereof as follows: 1 . Except as permitted in Sections 3 & -5 hereof, no person shall highways or bridge or any part thereof in the Town of Newcastle by placing any tent, lean-to, fence boarding, structure, or any chattel , or excavate or in any way disturb the surface or the soil or material thereon, without the written approval of the Director of Public Works. The conditions of this by-law shall not apply to any motor vehicle as defined in The Highway Traffic Act, being located on the travelled portion of the highway, but shall apply to oversized, or special heavy vehicles, equipment or loads as defined in the Policy in respect of Road Occupancy. 2. No person shall close, obstruct, encumber, injure, foul or alter any highway or bridge, or any part thereof, in the Town of Newcastle, by any means, including the installation or repair of any public utility, except when carried out in accordance with the provisions of this by-law, and in compliance with the Policy in respect of Road Occupancy. 3. Any person intending to close or occupy a Town of Newcastle highway, thoroughfare, right-of-way or road allowance must make application for, and have approval of a Road Occupancy Permit, which application is available at the office of the Director of Public Works, and must be filed at least forty-eight (48) hours in advance of said closing or occupancy, in accordance with the conditions of this by-law and the terms of the Policy in respect of Road Occupancy. 4. The application shall be made in the name of the principal person, agency or authority on whose behalf the closure, occupancy or event is to be carried out and not in the name of any agent for said person, agency or authority. The applicant shall indicate the starting date, location or route, reason for and duration of the closure or occupancy, and shall furnish any supporting documents as may be required by the Director of Public Works. i By-law 83 - _ 2 _ 5. If to carry out any works it is necessary to alter, break or disturb in any way an existing pavement, boulevard, sidewalk or other surface within the Town of Newcastle highway or bridge, thoroughfare, right-of-way or road allowance, the extent of such disturbance shall be set out on the Road Occupancy Permit and the principal person, agency or authority making application shall be responsible for the full restoration thereof. 6. The conditions of this by-law and the terms of the Policy in respect of Road Occupancy shall apply equally to construction, _alterations or modification to the right-of-way property of the Town of Newcastle as to s ecial events which-preclude the normal daily usage of the road or rig t-o -way. 7. Permanent repairs of any nature to all disturbed areas shall be the responsibility of the principal applicant with whom the responsibility for maintenance will rest for a period of two years from the date of completion of such works. 8. All signs, barricades, traffic control devices, flagmen and the use or operation of other persons and equipment as determined by the Director of Public Works, shall be provided prior to the commencement of, and at the location of the closure or occupancy, and shall be the sole responsibility of the principal applicant, who shall maintain, in full force and effect, all insurances deemed necessary by the Director of Public Works, and in accordance with the terms and conditions of the Policy in respect of Road Occupancy. 9. The principal applicant shall maintain access to all public and private properties at all times and shall keep such access free and clear of all mud, debris and other materials. 10. The principal applicant when performing any works on Town of Newcastle rights-of-way shall keep and maintain same in a normal condition and shall ensure that any travelled portion of a highway, thoroughfare, right-of-way, road allowance, sidewalk, walkway or boulevard is maintained free and clear of any mud, debris or materials which may impede or disturb the normal use of the lands. 11. While any alteration or occupancy is underway, the principal applicant, pursuant to this by-law, shall have a Road Occupancy Permit available at all times during which his works are in progress. By-law 83- - 3 - 12. When conditions of unforeseen difficulties require a longer period of occupation for completion of the works authorized under the terms of issuance of the Road Occupancy Permit, the principal applicant shall notify the Director of Public Works of the additional time required and the reason therefor, and shall obtain an extension of the permit upon the approval of the Director of Public Works. 13. The principal applicant is responsible for notifying the Police and Fire Departments and any agency or company operating a public transportation service or school _bus service, or whose _l_ant-or imta_11ati_ons_ma be-a ==thJe_closu-rP or - - --{ occupancy, of the commencement and termination of the said closure or occupancy, and shall comply with all conditions of the permit, as specified thereon. 14. Where a utility or public service company occupies or closes a Town of Newcastle highway, thoroughfare, road allowance or right-of-way as a result of an emergency, telephone notice shall be given immediately to the Director of Public Works of the Town of Newcastle and formal application for a permit in respect of said emergency shall be made on the next working day. 15. Where a highway or portion thereof is closed or occupied under the authority or approval of the Director of Public Works, the Corporation of the Town of Newcastle shall approve, provide and keep in repair a reasonable temporary alternative route for traffic around the work site, all at the cost of the principal applicant, who shall comply with Clause 8 in all other matters in respect of such detour. 16. A Road Occupancy Permit will be required by a utility or public service company for the following types of work: a) Installing, maintaining or relocating a pole line; b) Raising or lowering utility service boxes; c) Work on shut-off valves and other existing plant; d) Initial work conducted on new subdivisions prior to installation of sidewalk, curb and gutter and asphaltic or concrete pavement; e) Work in manholes, valve chambers and transformer vaults; f) Installation, maintaining or repairing cable television plant. i By-law 83- - 4 - 17. A Road Occupancy Permit shall be required by others for the following types of occupancy: a) Special events, parades, assemblies or other occasions where the normal nature or usage of the highway, thoroughfare, right-of-way or road allowance is precluded by the occupancy; b) The transport of heavy, wide or otherwise unusual loads or equipment on Town of Newcastle highways, thoroughfares, rights-of-way or road allowances; -c) The erection of a fence or other encumberance; - - le-ITTS Ldl r will in any way interfere with, disturb or alter the original nature of the Town of Newcastle property; e) The paving of a driveway from the ditch, boulevard or sidewalk to the property line. f) The erection of a mailbox, gatepost, or other installation which will be located on property within the surveyed limits of -the Town of Newcastle highway, thoroughfare, road allowance or right-of-way; g) The placement of newspaper service boxes within the limits of Town of Newcastle property; h) The felling of trees, brushing, and other works which will result in the occupancy of the Town of Newcastle property; i ) The erection of banners, signs and other similar installations, whether of a temporary or permanent, nature, on Town of Newcastle property, be it a highway, as previously defined, or bridge. 18. Notwithstanding Clause 17, a Road Occupancy will not be necessary in the case of normal movement of farm vehicles and other agricultural equipment or regular transport of stock; however, the conditions of this by-law and the Policy may be applied in unusual circumstances at the discretion of the Director of Public Works. 19. The terms and conditions of this by-law and Town Policy in respect of Road Occupancy shall apply to any and all work on new or existing developments. i By-law 83- 5 - 20. The principal applicant assumes all liability for any resulting maintenance and/or required permanent repairs, and such works shall be carried out to the satisfaction of the Director of Public Works of the Town of Newcastle all at the cost of the principal applicant. Upon final approval and acceptance of the works, in accordance with Clause 7 herein, the Town of Newcastle shall assume any further maintenance or repair. 21. 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 Newcastle highway, thoroughfare, road allowance or right-of-way 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 . 22. Any person convicted of any breach of the provisions of this by-law shall forfeit any performance bond or other monetary guarantee, to the extent of the liability or failure of compliance, and shall pay, at the discretion of the convicting Magistrate, a penalty not exceeding the sum of One Thousand Dollars ($1,000) exclusive of damages and other costs, for each offence. 23. This by-law repeals By-law 74-85. This by-law read a first time this day of 1983. This by-law read a second time this day of 1983. This by-law read a third time and passed, this day of 1983. Mayor Clerk