Loading...
HomeMy WebLinkAboutWD-39-89 TOWN OF NEWCASTLE REPORT File # Z Y, Res e),c2go _jcl ell, By-Law # .... .... . . N 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. .. .3 a n 4 "7 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) ______________________________ ------ _ -------------------- 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 i 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 i 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. ------- 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 I 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