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Home My WebLink AboutWD-21-80 TOWN OF NEWCASTLE PURLTC WORKS DEPARTMENT Director's Report to Public Works Committee. Item: WD-21-80. Date: February 18, 1980. Subject: Regional Municipality of Durham By-Law No. 211-79. Background: The subject matter was referred by the Town Clerk for a report to the Public Works Committee and a recommendation to Council. By-Law 211-79 (attached) designates all roads, or parts thereof, th,Tt constitute the Regional Road System as controlled-access roads, and regulates the construction or use of any private road, entranceway, structure or facility as a means of access to all Regional roads. Report: The Regional Municipality of Durham Act provides that Regional Council may, by by-law, designate any road, or any portion thereof, in the Regional Road System as a controlled access road. Recommendation: WHEREAS By-Law 211-79 is in accordance with the provisions of the Regional Municipality of Durham Act, it is recommended that it be received for information. att: 9 DURHAM The Regional munic,pality of Durham Clerks Department February 8, 1980 605 Rossland Road East P.O.Box 623, Whitby,Ontario Canada,ltN6A3 (416)668-7711 C W.LUNDY,A_MCT. Regional Cterk Mr. J. M. McIlroy Clerk Town of Newcastle 40 Temperance Street 80WMANVILLE, Ontario RE: 8y-law No. 211-79 of the Regional Municipality of Durham Mr. McIlroy, enclosed herewith is a copy of By-law No. 211-79 being a by-law to designate all roads or parts thereof that constitute the Regional Road System as controlled-access roads and to regulate the construction or use of any private road, entranceway, structure or facility as a means of access to all Regional Roads. Would you kindly draw the provisions of this by-law to the attention of your council and appropriate staff. C. W. Lundy, A.M.C.T. Regional Clerk ri Enclosure cc: Mr. W. A. Twelvetrees, Commissioner of Works k FED �... J lli; Iii i�I WIAI 1111111 I'AI i I IiI IflH"iIAPI being a by-law to dei i gna to a 1 ( ruod s or par Ls thereof that constitute the Regional Road System as controlled-access rod ly and to regulate the construction or use Of any private road, entranceway, structure or facility as a means of access to all Regional roads. YKEREAS Subsection l of Section 43 of The Regional Municipality of Durham Act, as ananded, provides that the Regional Council may by by-law designate any road in the Regional Road System, or any portion thereof, as a controlled-access road; AND WHEREAS Section 49 of the said Act provides that the Regional Council may pass by-laws prohibiting or regulating the construction or use Of any private road , entranccway, structure or facility as a means of access to a Regional ccntrollrd-access read; NO'.1, Ill�i_i:FORE , BE IT ENACTED AND IT IS HEREBY ENACTED as a By-law of the Regional i'uni ci pal i ty of Durham through its Council thereof as follows : 1 . In this by-la.i, "close up" includes the removal , replacement or elimination of any culvert. curb and gu ttt'r, gravel , asphalt, curb ramping material or any other facility constructed or used as a means of access to a Regional road. It 2. That all roads or p 1r'. .. hereof that from time to time constitute the Regional Road System are hereby designated as controlled-access roads. 3. That no person shall construct or use any private road, entranceway, structure or facility cs a means oi- access to a Regional road except in accordance with Be conditions of a Property Access Permit issued by the Commissioner of Earks of the Regional Municipality of Durham (hereinafter called the "Commissioner" ) or his dWyna Led r��1,re, cn ter t i ve. '4. IhAL iH QWIniiniWI WHIIKq ,r imL Pro IwKy Acccn4 I aWmi t ,,ha H Lrt� rlr,inlcrl , l!i , ir . ii , . i, ir ,I ,rII rr , ilr II� Ir' rr� ,I ,� 1.,� ( iun `,rclitin r,1 the Regional Municipality of Durham Of ficidl Plan , LI e location, width and proposed use of the pr i va to road, un Lranceway,, s Lruc Lure or fac i 1 i ty to be constructed or used as a means of access Lo the Regional road and shall have regard to the sight distance along the road, the location of trees and public utility services and the Entranceway Policy of the Regional Municipality of Durham as adopted by Council . 5. (1 ) That all costs pertaining to the construction of the private road, entranceway, structure or facility constructed or used as a means of access to a Regional road including the installation of culverts and catchbasins, the removal of concrete curbs and gutter and the replacement with concrete curbs a4d gutter wi Lh or without concrete drop curb sections, the saw cutting of existing concrete curb to provide a drub curb section and other associated works shall be paid by the person applying for Property Access Permit (hers i na f to ca l I cd LK "Applicant" ) . (2) That all works undertaken within a Regional road allowance shall be carried out by the Regional Works Department unless otherwise authorized by the Commissioner. (0) That any ;existing drop curb sections fronting or abutting the Applicant' s property which have no -further use for access shall be removed and replaced with concrKe barrier-type cure and gutter at his expense. (4) That a sun of money being the flat rate charge for either, (a) a culvert installation type access of up to 609 millimetres (24 incKos) diameter by 12.2 metres (40 feet) long, or (b) anj cur; cuL type accons , will be paid to the Region at the time application is made for a Property Access Permit. il;u p "11h 01 .� in `subsection d is to he carried owl � an uUual coat insl.allaLiun. A deposi L b�I'se d upon Lhr I.i,c.[ i t'd (A)n L 0 f l ht WH r k ih Lo Q g i van Lo Lhe Rag ion at Lhe time of application for a Property Access Permit. if the suns deposited, being the estimate co >t of constructing the mans"of access or closing up an existing means of access within a Regional road allowance is more than the actual cost, then the Region will refund the excess to the applicant. Should the fund deposited be less than the actual cost, then the applicant shall pay the difference between, the sum deposited and the actual cost. 6. That no person shall the or cover a roadside ditch except in accordance with the conditions of a Property Access Permit. 7. That any person applying an asphalt, concrete or any other type of surface to any portion of the driveway situated on a Regional road allowance, in accordance with the conditions of the Property Access Permit, shall do so at his own expense. That person shall be responsible for the maintenance and repair of sane and all costs of such maintenance and repair. F. That the provisions of this By-law shall not apply so as to prohibit the use of any private road, entranceway, structure or facility constructed or used as a means of access to a Regional road be fore the day on which this By-law takes effect. 9. That if the owner of any land constructs an access which the Commissioner deemn hazardous , the Region will remove that access. Any expense or costs incurred by the Region in removing the access shall be paid by 40 person. 10. That the Regional Corporation may give notice to the owner of any land requiring him to close up any private road, entranceway, structure or facility constructed nr used as a means of access to a Regional road in contravention of this by-law. 11 . That every notice given under Section 10 shall be in writing and shall be served personally or by registered mail , and in the case of .service by registered mail , shall be dee N to have been received on the fifth day following the mailing thereof. I, (.hf' lwl'!.on Lo �-, )III no I i 's Vftii undf!r `i('(Aion 10 I,riIs 10 tOHyIy Ili llr 1lo, noLi ( a ALIB i Lhir•ly ( .{U) dAV4 oIIPr 1 rpinnipt, the Regional Council may by resolution direct any officer, employee or agent of the Regional Corporation to enter ( r the land of such person and do or cause to be done whatever may be necessary to close up the private road, entranceway , s true tune or fac i 1 i ty cons tructed or used as a means of access to a Regional road, as required by the notice and any expense or cost incurred by the Region in closing up a private road, entranceway, structure or facility shall be paid by that person. 13. That every person who fails to comply with a notice given under Section 10 is guilty of an offence and on a summary conviction is liable to a fine of not less than $10.00 and not more than $100.00 for a first offence and to-a fine of not less than $50.00 and not more than $500.00 for a second or subsequent offence. 14. That the Regional Municipality of Durham shall maintain and replace from time to time as squired all culverts and curb and gutter installed pursuant to this Cy-law. The maintenance or repair of the driving surface of the driveway necessitated by the above mentioned work shall be the responsibility of the owner of the land for which the entranceway provides access. 15. That this by-law shall apply to thosu boundary roads between the Region of York and the Region of Durham and the County of Victoria and the Region of Durham which are under the jurisdiction of the Regional Municipality Cif Ourham. 16. That every person who contravenes any Section of this by-law, ,with the exception of Section 10, is guilty of an offence and on summary conviction is liable to a fine of not more than S1 ,000.0U. 17. By-law number 290-76 of the Regional Municipality of Durham is hereby repealed . r _.. h-i s L-6 es u I fcc.L ul Lhe day u 1 1 L,. I i iio i s BY-LA',1 read a first time this GTII day of Fcbruary 1980 BY-LAW read a second time this 6T1I day of Fclruary 1980. BY-LA!,1 read a third time and passed this C I'li day of February 19.30. �i � t;�:•; Gz�.tirR.,Cl.,z.i ��ia, t� C.W. Lundy, Cl erl< J. r :'.nclerson , :'�ctin clia.irmzn a — —