HomeMy WebLinkAboutWD-39-89 TOWN OF NEWCASTLE
REPORT File # Z Y,
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By-Law #
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MEETING: GENERAL PURPOSE AND ADMINISTRATION MEETING
[ATE: MARCH 20, 1989
REPORT #: WD-39-89 FILE #:
SJB,ECT: CHARGES FOR INSTALLATION OF ENTRANCE CULVERTS AND/OR CURB CUTS
RECOMMENDATIONS: It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report WD-39-89 be received; and
2. THAT Schedule "A" of By-law 81-37, be revised and the by-law
be amended to reflect an increase in the charges to be made
for the installation of entrance culverts and/or the making
of curb cuts as shown on Attachment No. 3 to this report; and
3. THAT the revised charges be effective on March 20, 1989.
REPORT
1.0 ATTACHMENTS
No.l: By-law 81-37
No.2: Table showing .the existing charges, the proposed charges for
1989 and the comparison with the costs charged by the Region
of Durham.
No.3: Recommended revised schedule "A" to By-law 81-37.
1 (012 . ..2
PAGE 2
WD-39-89
2.0 BACKGROUND
2.1 By-law 81-37 (Attachment No. 1) is a By-law to regulate the
construction of driveway entrances onto the highways under
the jurisdiction of the Town. Schedule "A" of the by-law
establishes the cost to be charged for the installation of
entrance culverts and for curb cuts.
2.2 The charges for the installation of entrance culverts and
for making curb cuts have not been revised since 1981. The
purpose of this report is to amend Schedule "A" of By-law
81-37 to reflect current costs.
3.0 REVIEW AND COMMENT
3.1 Culvert Installation
In 1988, the Public Works Department installed 294 entrance
culverts. The revenue received and the costs of installation
is as follows: 1988 Costs - $138,814.00
Revenue - 97,003.00
Loss - $ 41,811.00
Percentage Loss - 30%
3.2 Curb Cuts
Curb cutting is presently tendered annually and performed by
a contractor. The prices received for curb cutting in 1989 is
$7.50 per lineal foot with a minimum charge of $85.00.
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PAGE 3
WD-39-89
3.3 Amendments to Schedule "A", By-law 81-37
In order to recover the costs incurred by the Town for installation
of entrance culverts and for making curb cuts, it is proposed that
Schedule "A" be revised to reflect an increase of 35% for the
installation of entrance culverts (30% loss incurred in 1988 + 5%
for inflation) and to revise Schedule "A" to reflect the current
costs incurred by the Town, through a contractor, for making curb
cuts. Attachment No. 2 shows the revised costs to reflect these
changes.
The charges made by the Region of Durham are shown for comparison
purposes.
4.0 RECOMMENDATION
4.1 It is recommended that Schedule "A" of By-law 81-37 be amended
as shown of Attachment No. 3 to this report and that the revised
charges be effective March 20, 1989.
Respectfully submitted, Recommended for presentation
to the Committee,
r)
______________________________
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Walter A. Evans, P. Eng. Zawre e Kotseff
Director of Public Works Chief Ad nistrative Officer
/kms
March 14, 1989
1014
ATTACHMENT 110 , 1 �
�.,. IID-39-89
Vj I
i
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW % 1 - 3 -7
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, pursuant to the provisions of paragraph 2 and 3 of
Section 453 of The Municipal Act, R.S.O. 1970, Chapter 284
as amended by S.O. 1974, Chapter 136, By-Laws may be passed
by the Council of every Municipality for placing or permitting
any person to place, construct, install, maintain and use ob-
jects in, on, under or over sidewalks, boulevards, highways
under it's jurisdiction.
AND WHEREAS paragraph 19 of subsection 1 of Section 352 of The
Municipal Act, as amended, provides in part that by-laws may be
passed for prohibiting the obstruction of any drain or water-
course and for requiring the person causing the obstruction to
remove it.
NOW THERE BE IT ENACTED AND IT IS HEREBY ENACTED as a By-Law of
The Corporation of the Town of Newcastle through its Council
thereof as follows:
1• DEFINITIONS in the By-Law
'Applicant' means the person applying for
the Entrance Permit.
'Director' means the Director of Public
Works of the Town of Newcastle
1015 or his designated representative.
C.
1• Definitions. . .
' Entrance' means any private road, gate,
entranceway or other structure
or facility constructed as a
means of access to a municipal
road.
'Boulevards' means any part of the highway
where grass is grown and which
is not intended for use of veh-
icles between the curb or outside
edge of the shoulder and the
street line, inclusive of the
area covered by a sidewalk or
footpath.
'Street Line' means the line dividing a lot
and the road allowance.
'Highway' means any public right-of-way
which includes alleys, avenues,
boulevards, circles, courts,
drives, highways, caves, paths,
places, roads, streets, terraces,
walks, under the jurisdiction of
the Town of Newcastle.
'Structure' means anything constructed or
erected, the use of which req-
uired location on the ground or
attached to something having
location on the ground and used
for the shelter or accommodation
of persons, animals or goods.
2. COMPLIANCE WITH THE BY-LAW
(a) All persons requiring an entrance to their property from
a municipal highwa,= are required to obtain a permit from
the Town and no person shall construct, alter, relocate or
use any entrance as a means of access to a municipal
highway except in accordance with the conditions of the
Entrance Permit issued by The Director.
IU16
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2. Compliance with the By-Law. . .
(b) That, in determining where an entrance permit shall
be granted, the Director shall consider the location,
width and proposed use of the entrance to be constructed
or used as a means of access to a municipal highway and
shall have regard to the sight distance along the road,
the location of trees, public utility services and the
jeopardy of public safety and in accordance with the
entrance policy of the Town, as adopted by Council from
time to time.
(c) An entrance permit shall be applied for for one or more
of the following, and prior to a building permit being
issued:
i) The change of a temporary entrance to a permanent entrance.
Creation of a structure on vacant land.
Entrance to vacant land where no entrance exists.
iv) Change from an Agricultural Use to any other use.
V) Change from a Residential Use to any other use.
(d) That all costs pertaining to the entrance be used as a
means to a municipal highway, including the installation
of culverts and any required catchbasins, the replacement
of concrete curbs and gutters and other associated works
shall be paid by the Applicant.
(e) All works undertaken within a municipal highway shall be
carried out by the Town of Newcastle Public Works Depart-
ment. Notwithstanding the foregoing, the Director may
authorize and approve the installation of an entranceway
by an approved contractor, provided that an entrance
permit has been obtained from the Town and that a fee
in respect of inspection and administration services has
been paid, in accordance with Schedule "A" of this By-Law.
101 7
2. Compliance with the By-Law. . .
(f) A sum of money being the cost of constructing the
means of access within a municipal highway shall be
paid by the Applicant, as per Schedule 'A' of this
By-Law. In cases where more than the usual amount
of fill and/or granular material(fifteen cubic metres (15m3) )
is required the Applicant shall remit to the Town of
Newcastle an amount as determined by the Director to
cover the cost of the additional material and works
involved.
(g) That no person shall the or cover a boulevard, ex-
cept in accordance with the conditions of an entrance
permit.
(�1) That no person shall apply an asphalt or concrete
surface to any portion of the entrance situate on
a municipal road allowance until a permit has been
issued by the Director.
(i) That the provisions of this By-Law shall not apply
so as to prohibit the use of any private road, entrance,.
structure or facility constructed prior to the effective
date of this By-Law, which obstructs a boulevard or
watercourse on a municipal highway, the owner of the
property shall, within fourteen days of receipt of
notice in writing to do so, apply to the Town for a
permit to have a proper entrance installed.
(j) That, if the owner objects or refuses to comply with
the notice given, pursuant to Section (c) herein, the
Town may remove the obstruction and install a proper
entrance and any expense incurred by the Town so doing
shall be paid by the owner.
1018
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2. Compliance with the By-Law. . .
(k) That the Town may give notice to the owner of any
land requiring him to close up any private road,
entrance, structure or facility, constructed or
used as a means of access to a highway in contra-
vention of this By-Law.
(1) That every notice given under Section (k) shall be
in writing and shall be served personally or by
registered mail and, in the case of service by
registered mail, the owner shall be deemed to have
received the notice on the fifth day following the
mailing thereof.
(m) That, where the person to whom notice is given
under Section (k) fails to comply with the notice
within thirty (30) days after it's receipt, the
Municipal Council may, by resolution, direct any
officer, employee or agent of the Town to enter
upon the land of such person and to do, or cause to
be done, whatever may be necessary to close up the
private road, entrance, structure or facility, as
required by the notice.
(n) That every person who fails to comply with a notice
given under Section (k) is guiltyof an offence and
upon summary conviction is liable to a fine of not
less than ten dollars ($10. 00) and not more than
one hundred dollars ($100. 00) for a first offence,
and to a fine of not less than fifty dollars ($50. 00)
and not more than five hundred dollars ($500. 00)
for a second or subsequent offence.
(o) That the Town shall maintain and replace from time
to time, as required, all culverts installed pursuant
to this By-Law; all maintenance and/or repair of the
driving surface of the driveway shall be the responsibility
of the owner of the land for which the entranceway provides
�kecess. 1019
2. iance with the By-Law.
(p) 'Chat By-Law 79-127 of the Town is hereby repealed.
(q) This by-law shall take effect on the day of final
reading.
1"y-La%,T re;id a first time this 23rd (iav of March 1951.
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By-Law read a second time this 23rd day of March 1951.
B read ;i third and final time this 23rd day of March 1981.
Mayor: G.B. RICKARD
(Seal.)
Clerk: J.M. McILROY.
cc: Planning & Development Department.
Chief Building Inspector
D. T. Cray , Deputy Director of Works .
F. Brown, Road Superintendent.
Foreman, Division 1, Darlington.
Forem,u), Divi-lion 2, Bowmanvi.11.e.
Foreman, Division 3, Clarke.
1020
f
Driveway Entrance 'i'y In-
L Payable to Town of Newcastle
I
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1. 400 mm 0 x 7 m, length $460. 00
(replacing 15" x 24 ' ) + $66/metre in excess of 7 m.
2. 450 mm 0 x 7 m. length $500. 00
(replacing 18" x 24 ' ) + $72/metre in excess of 7 m.
3'. 600 mm 0 x 7 m. length $560. 00
(replacing 24" x 24 ' ) + $80/metre in excess of 7 m.
4. Entrance - no culvert. $100 minimum based on actual costs.
5. Entrance - extension. (a) 400 mm 0 $66/metre + $10. 00
(b) 450 mm 0 $72/metre + $10. 00
(c) 600 min 0 $80/metre + $10. 00
(d) over 600 mm Actual Cost.
6. Entrance - relocation Actual Cost .
7. Entrance - temporary Actual Cost.
8. Curb Cutting $23. 00/metre (minimum charge $38. 00)
9. Curb Replacement Actual Cost.
10. Entrance - other $100 minimum based on actual costs.
Notes:
All "Actual Cost" works will be estimated by the Director of Public Works or his
designated representative. The estimated sum must be paid to the Town prior to
the approval of the Application for Property Access and/or the commencement of works.
INSPECT1oN FEE $30. 00 per Application
Each Application for property Access must be accompanied by a payment of $30. 00
1. In the case of entrances installed by the Town, the $30. 00
will be treated as a deposit and deducted from the cost of
entrance installation, the payment of which balance is due
prior to the issuance of approval .
2. In the case of entrance(s) constructed by a contractor
approved by the Director of Public Works, the $30. 00
Inspection Fee is non-refundable.
BY-LAW 81-37 FINALLY PASSED BY COUNCI RCH 23 1981
Driveway Entrance Type
1. 400 mm 0 x 7 m. length
(replacing 15" x 241)
2. 450 nun 0 x 7 m. length
(replacing 18" x 241)
3. 600 mm 0 x 7 m. length
(replacing 24" x 241)
4. Entrance - no culvert.
5. Entrance - extension a) 400 mm 0
b) 450 mm 0
o c) 600 nun 0
!V d) over 600 mm
N
6. Entrance - relocation
7. Entrance - temporary
8. Curb Cutting
9. Curb Replacement
10. Entrance - other
INSPECTION FEE
COST COMPARISON FOR ENTRANCE INSTALLATION
BY-LAW 81-37
Existing
Rate
$460.00
+ $66/metre in excess 7 m.
$500.00
+ $72/metre in excess of 7 m.
$560.00
+ $80/metre in excess of 7 m.
$100.00 minimum based on actual
costs.
a) $66/m + $10.00
b) $72/m + $10.00
c) $80/m + $10.00
Actual Cost.
Actual Cost.
Actual Cost.
$23.00/metre
(minimum charge $38.00)
Actual Cost.
$100 minimum based on actual
costs.
$30.00 Per Application
1989
1989
Proposed
Region
Rate
Rate
$620.00
N/A
+ $89/metre in excess of
7m
$675.00
$900.00
+ $97/metre in excess of
7m
$756.00
1000.00
+ $108/metre in excess of
7m
Actual Cost
(minimum charge $135)
$89/m + $13
unknown
$97/m + $13
unknown
$108/m + $13
unknown
Actual Cost
Actual Cost
$24.60/m unknown
(minimum charge $85.00)
Actual Cost
Actual Cost
(minimum charge $135.00)
$40.00 per Application unknown
!ATTACHMENT NO , 2
WD-39-89
By-Law 81-37 SCHEDULE "A"
Driveway Entrance Type Payable to Town of Newcastle
1. 400 mm 0 x 7 m. length $620.00
(replacing 15" x 241) + $89/metre in excess of 7 m.
2. 450 mm 0 x 7 m. length $675.00
(replacing 18" x 241) + $97/metre in excess of 7 m.
3. 600 mm 0 x 7 m. length $756.00
(replacing 24" x 241) + $108/metre in excess of 7 m.
4. Entrance - no culvert. Actual Cost
(minimum charge $135.00)
5. Entrance - extension (a) 400 mm 0 $89/metre + $13.00
(b) 450 mm 0 $97/metre + $13.00
(c) 600 mm 0 $108/metre + $13.00
(d) over 600 mm Actual Cost.
6. Entrance - relocation Actual Cost.
7. Entrance - temporary Actual Cost.
8. Curb Cutting $24.60/metre
(minimum charge $85.00)
9. Curb Replacement Actual Cost.
10. Entrance - other $100 minimum based on
actual costs.
Notes:
All "Actual Cost" works will be estimated by the Director of Public works or
his designated representative. The estimated sum must be paid to the Town
prior to the approval of the Application for Property Access and/or the
commencement of works.
INSPECTION FEE $40.00 per Application
Each Application for Property Access must be accompanied by a payment of
$40.00.
1. In the case of entrances installed by the Town, the $40.00 will be treated
as a deposit and deducted from the cost of entrance installation, the
payment of which balance is due prior to the issuance of approval.
2. In the case of entrance(s) constructed by a contractor approved by
the Director of Public Works, the $40.00 Inspection Fee is non-refundable.
ATTACKIENT NO , 3
1 Q 2 3 !'M-39-39