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HomeMy WebLinkAbout83-57 Consolidated OFFICE CONSOLIDATION OF BY-LAW 83-57 s Leading the Way THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 83-57 Being a By-law to regulate the temporary closure or occupancy of highways Passed by Council on: April 11, 1983 Consolidation as of: June 17, 2013 Amendments: AMENDING BY- LAW DATE AMENDMENT DETAILS 91-81 June 10, 1991 Deleting the following Section: VI Adding the following Sections: VI 92-155 June 22, 1992 Deleting the following Section: I, VII Adding the following Sections: 1(1), 1(2), 1(3), 1(4), VII Amending the following Sections: II(5), III(10), V(1), V(2) Disclaimer: The following consolidated by-law is an electronic reproduction made available for information only. It is not an official version of the By-law. The format may be different, and plans, pictures, other graphics or text may be missing or altered. The Municipality of Clarington does not warrant the accuracy of this electronic version. Official versions of all By-laws may be obtained from the Clerk's department. Page 1 of 7 OFFICE CONSOLIDATION OF BY-LAW 83-57 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 83-57 Being a by-law to regulate the temporary closure or occupancy of highways in the Town of Newcastle. NOW THEREFORE BE IN ENACTED, AND IT IS HEREBY ENACTED as a by-law of The Corporation of the Town of Newcastle by the Council thereof as follows: I ROAD OCCUPANCY 1(1) For the purpose of this by-law the term ' road occupancy' includes the acts referred to in subsection 1(2) of this By-law and also includes the following when undertaken on or over a highway, bridge, road allowance or street shown on a plan of subdivision which is owned by The Corporation of the Town of Newcastle: (a) the erection of a mailbox, gatepost, or other installation; (b) construction of any works which construction in any way results in the disturbance or alteration of the condition of the highway, bridge, road allowance or street from the condition it was in immediately prior to the commencement of such construction; (c) the installation of drainage crossings or outlets; (d) the provision of access to lands via unopened or unmaintained road allowances owned by The Corporation of the Town of Newcastle where there is no alternate access available from an opened highway in respect of which the duty of repairing and maintaining the highway has been assumed by The Corporation of the Town of Newcastle; (e) the installation or maintenance of utility services or cable television facilities on any of them; (f) the use of any of them for parades, assemblies or for the sale of goods or services; and Page 2 of 7 OFFICE CONSOLIDATION OF BY-LAW 83-57 (g) the use of any of them as a route for the moving of heavy, irregular or unusual loads, objects or vehicles, where such use will restrict or preclude their normal use at the same time by makers of the public, provided that this clause 1(1)(g) does not apply to the transport of ordinary agricultural equipment or livestock or to the other farm- related activities, if the use of the highway, bridge, road allowance or street is essential to the ordinary operation and maintenance of an agricultural enterprise owned or managed by the person by or on whose behalf the equipment or livestock in question is transported, or the farm-related activities in question are conducted. 1(2) Except in accordance with the provisions of this by-law, no person shall temporarily close, obstruct, encumber, injure or foul any highway, bridge, road allowance, street shown on a registered plan of subdivision, or any part of any of them in the Town of Newcastle by placing, constructing or installing any tent, lean-to, fence, structure, or any chattel, or excavate or in anyway disturb the surface or the soil or material thereon including installing or repairing any public utility thereon, or in other manner undertake a road occupancy. 1(3) Without derogating from any other provision of this by-law, the undertaking of a road occupancy otherwise than in compliance with subsection 1(2) of this by-law is declared to be a public nuisance and any person who has undertaken any such road occupancy shall forthwith abate the public nuisance at his expense by removing the obstruction, encumbrance, injury or fouling and restore the highway, bridge, road allowance or street in question to the condition that it was in immediately prior to the commencement of the road occupancy in question. 1(4) If any person fails to forthwith abate a public nuisance as is required by and in accordance with subsection 1(3) of this by-law the Director of Public Works of The Corporation of the Town of Newcastle is authorized to abate such public nuisance at the expense of the person who has failed to abate the public nuisance in question, and The Corporation of the Town of Newcastle may recover the expense incurred in doing so by action commenced against the person who has so failed to abate the public nuisance. II CONDITIONS REQUIRING APPLICATION FOR ROAD OCCUPANCY (1) A Road Occupancy Permit shall be required for, but not limited to, 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; Page 3 of 7 OFFICE CONSOLIDATION OF BY-LAW 83-57 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; d) The installation of tile drainage or other works which 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. (2) 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, Page 4 of 7 OFFICE CONSOLIDATION OF BY-LAW 83-57 (3) 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. (4) The conditions of this by-law and the terms of the Policy in respect of Road Occupancy shall apply equally to construction, alterations or modifications to the right-of-way property of the Town of Newcastle as to special events which preclude the normal daily usage of the road or right-of-way. (5) Any person, agency or authority 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. (6) 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 the duration of the closure or occupancy, and shall furnish any supporting documents as may be required by the Director of Public Works. III RESPONSIBILITIES OF THE APPLICANT (1) The principal applicant is responsible for notifying the Police and Fire Department and any agency or company operating a public transportation service or school bus service, or whose plant or installations may be affected by the closure 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. (2) 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. Page 5 of 7 OFFICE CONSOLIDATION OF BY-LAW 83-57 (3) 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 Section III(4) in all other matters in respect of such detour. (4) 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 conditons of the Policy in respect of Road Occupancy. (5) 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. (6) 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. (7) 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. (8) 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 Section III(9) herein, the Town of Newcastle shall assume any further maintenance or repair. (9) 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. (10) The terms and conditions of this by-law in respect of Road Occupancy shall apply to any and all work on new or existing developments. Page 6 of 7 OFFICE CONSOLIDATION OF BY-LAW 83-57 IV EXTENSION OF PERMIT APPROVAL (1) 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 therefore, and shall obtain an extension of the permit upon the approval of the Director of Public Works, V GENERAL (1) Notwithstanding Section II, 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 may be applied in unusual circumstances at the discretion of the Director of Public Works. (2) 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 referred to in subsection I(1)(g) of this by-law. (3) 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 by-law granting any right to use or occupy any Town of 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, VI PENALTY (1) Any person who contravenes the provisions of this by-law is guilty of an offence; VII (1) It is declared that if any section, paragraph or clause or a portion or portions of any of them contained in this By-law should be held by a Court of competent jurisdiction to be invalid in whole or in part, the validity of other sections, paragraphs, clauses or portions of any of them contained in this By-law shall not be affected thereby, the intention of Council being that all other sections, paragraphs and clauses and portions of any them contained in this By-law are to be considered to be valid and enforceable. BY-LAW read a first, second and third time and finally passed this 11th day of April 1983 Page 7 of 7