HomeMy WebLinkAboutWD-46-92 THE CORPORATION OF THE TOWN OF NEWCASTLE
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# '
Date: JUNE 15, 1992 Res. #
Report#: WD-4 6-92 � File#: _PB-_10.5 9 By-Law#
Subject: AMENDMENTS TO ROAD OCCUPANCY BY-LAWS 83-57 AND 83-32
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report WD-46-92 be received;
2 . THAT Road Occupancy By-laws 83-57 and 83-32 (Attachment Nos.
1 and 2) be amended as recommended by the Town's Solicitor;
and
3. THAT the proposed By-law attached to Report WD-46-92
(Attachment No. 4) , being a by-law to amend By-laws 83-57 and
83-32, be passed by Council.
----------------------------------------------------------------
REPORT
1.0 ATTACHMENTS
No. 1: By-law 83-57, to Regulate the Temporary Closure or
Occupancy in Highways in the Town of Newcastle
No. 2 : By-law 83-32, to Establish a Policy in Respect of
Occupancy of Municipal Roads and Rights-of-Way
No. 3: Comments from Dennis Hefferon
No. 4: Proposed By-law to amend By-laws 83-57 and 83-32
/2
REPORT NO. : WD-46-92 PAGE 2
2.0 BACKGROUND
2 . 1 The By-law Enforcement Officer attempted to enforce By-law 83-
57 when a complaint was received regarding the location and
placement of newspaper vending boxes on the public road
allowance. As a result of enforcement problems, the Town's
Solicitor was requested to comment on the Town's right to
enforce the existing By-law 83-57 . The solicitor advised that
Town officials did not have the right to enforce By-law 83-
67 as it stood and prepared a by-law amending By-laws 83-57
and 83-32 .
3.0 REVIEW AND COMMENT
3 . 1 In order that Town Officials have the proper authority to
restrict and regulate the use of public road allowances and
to protect the Town from liability, it is desirable to have
a by-law which can be enforced.
Respectfully submitted, Recommended for presentation
to the Committee,
Walter A. Evans, P.Eng. , Lawrence . Kotseff,
Director of Public Works Chief Admlinistrative Officer
RB*JCO*ph
May 25, 1992
i
Attachments
I
i
I
I
i
I
THE CORP(' TION OF THE TOWN OF NEWCASTLE
BY-LAW NO. 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
Except as permitted in Section II(3 & 5) hereof, no person shall
temporarily close, obstruct, encumber, injure or foul any 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 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.
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;
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;
ATTACHMENT N0. 1
WD-46-92
i
J
Page 2
By-law No. 83- 57
Temporary Closure or Occupancy
II (2) d) Initial work conducted on new subdivisions prior to installation of
sidewalk, surb and gutter and asphaltic or concrete pavement;
e) Work in manholes, valve chambers and transformer vaults;
f) Installation, maintaining or repairing cable television plant.
(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 mist 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.
(6) The application shall he 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
(I) 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.
(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
resonable 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.
Page 3
By-law No. 83- 57
Temporary Closure or Occupancy
III (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 and Town Policy in respect of Road
Occupancy shall apply to any and all work on new or existing
developments.
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 therefor, 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 and
the Policy may be applied in unusual circumstances at the discretion of
the Director of Public Works.
(2) The conditons 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.
i
Page 4
By-law No. 83-57
Temporary Closure or Occupancy
V (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 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 Provincial Court Judge, a penalty not exceeding the sum
of One Thousand Dollars ($1,000) exclusive of damages and other costs, for
each offence.
VII This by-law sets out the terms and conditions applicable to road occupancy
only, and as such must be considered in conjunction with By-law 83-32,
which by-law establishes the Policy of The Corporation of the Town of
Newcastle with respect to Road Occupancy.
VIII This by-law repeals By-law 74-85.
This by-law read a first time this 11th day of April 1983
This by-law read a second time this 11th day of April 1983
This by-law read a third time and passed this 11th day of April 1983.
Mayor
TiEO UNOF11 ro WW OF WE
nANOTNE> OFWWA'"A 4' I- � Clerk
POM110M Of O'by LAW ►.J��'°�—
,oBEA�T�".,,� ppTHET 3
of 19E Gam"`• i.� 1 _�.
DAY OF A
DATO
L l�_
UfP
K Lf THE COP fEO�TIE
THE IOWN OF
I
I
r , r;
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 83-32
being a by-law to establish a policy in respect
of occupancy of municipal roads and rights-of-way
WHEREAS the Council of the Corporation of the Town of Newcastle
wishes to establish a policy to require any persons, group or agency, wishing
to occupy a Municipal Road or Right-of-Way for any reason which alters the
normal use or status of same to apply and receive approval for, a Road Occupancy
Permit, issued by the Director of Public Works;
NOW THEREFORE the Council of the Corporation of the Town of
Newcastle ENACTS AS FOLLOWS:
1. THAT the policy in respect of occupancy of Municipal
Roads and Rights-of-way shall be as set out on
Schedule "A" attached hereto.
BY-LAW read a first and second time this 28th day of February 1983
BY-LAW read a third time and finally passed this 28th day of February 1983.
r
Mayor
Clerk
I
ATTACHMENT NO, 2
WD-46-92
i
i
THE CORPORATION OF THE TOWN OF NEWCASTLE
POLICY
IN RESPECT OF OCCUPANCY OF MUNICIPAL ROADS AND RIGHTS-OF-WAY
The Corporation of the Town of Newcastle shall require any person,
group or agency wishing to occupy a Municipal Road or Right-of-Way for
any reason which alters the normal use or status of same to apply, and
receive approval for, a Road Occupancy Permit, issued by the Director
of Public Works.
1. Road Occupancy shall be described as, but not limited to, the
following:
a) Construction on or over lands forming part of the Municipal Road
or Right-of-Way, or any works required which will in any way
disturub or alter the state of the lands;
b) Drainage crossings or outlets;
c) Access to lands via unopened or unmaintained road allowances,
where there is no alternate access available;
d) Installation or maintenance of utility services or cable
television;
e) The use of Municipal Roads or Rights-of-Way for Special Events,
e.g. Parades, Assemblies, Commercial Ventures;
f) The use of Municipal Roads or Rights-of-Way as a route for the
moving of heavy, irregular or unusual loads, objects or vehicles,
where such use will restrict or preclude the normal use of said
thoroughfare by the public at large.
This clause shall not be applicable to the transport of normal
agricultural equipment, livestock or other farm-related
activities, wherein the use of the Municipal road or right-of-way
is essential to the usual operation and maintenance of the
agricultural enterprise.
9) Any occasion or period of time wherein the Director of Public
Works requires compliance with this policy.
Page 1 of 2
I
i
i
i
Page 2
Policy
Municipal Roads and Rights-of-Way
2. All Road Occupancy Permits and approval thereof are contingent
upon the Applicant producing, and maintaining in full effect for
as long as is deemed necessary, the appropriate insurance
indemnifying The Corporation of the Town of Newcastle from any
liability, action or consequences which may occur or result from
the occupancy.
3. In all cases, the person or party to whom a Road Occupancy Pemit
is issued is responsible for the maintenance of the Municipal
Road or Right-of-Way:
a) For the full duration of the occupation; and,
b). For the full repair, restoration or replacement of any
materials, installations, surface or other disturbance, to the
satisfaction of the Director of Public Works.
4. The Municipal Road or Right-of-Way shall be inspected by The
Corporation of the Town of Newcastle before, during and after
the period of occupancy to determine the extent of
responsibility of the occupant in respect of repairs or
restoration. In the event the occupant does not perform the
required works, The Corporation of the Town of Newcastle shall
reserve the right to undertake same, and all costs incurred
shall be levied against the occupant to whom the Road Occupancy
Permit was originally issued.
i
I
i'
i
I
a
i
I
Shibley R1 ton
Baixisters & Solieiwrs
RIGHA5C E,eFF R Y Q.C. RUPERT F RIGHTQN O,C, HAROLD H.ELLIOTT.O,C,
DENNIS C,H£FFERON CONALD K.ROB(NSfSN,Q.C, gICNARD E.AWKA,O-G
BARRY 9,W6kiTZMAN,q.C, LESLIE S.MASON DEZ WINDI$CHMANN TOt,:(416>3639381
JOHN P.BELL MICHAEL FITZ YRICK,q.C. GEORGE CORN
A JOHNH�IITCHEH AF�IAN . CAMPBELL V.ROSS MORRISON F—..'(416)369•1717
MICHAEL C.BIRLEY ALAN L.BROMSTEIN JOHN C.$PEARN
MICHAEL L.PATERSON PAUL WI!RINGS RICHARD A.B,OEVENNEY
BERNARD McGARVA Fb" R G.NEILSON PAUL E.MCINNIS
JONATHAN H,FLANDERS CHARLES SIMGQ CLIFFORD 1,COLE
THOMAfi A.BARBARA R.C.DOHERTY WILLIAM l NORTHCOTE JAMES RO SIITERNIK
HELDER M.TRAVASSdS PETER M,WHALEN PETER Box 32 • 401 Bay Sctte
J.JAY RUDOLPH V RAYTF.K
CYNTHIA J.GUNN MARTIN J,HENDERSON
NICHOLAS T.MA WARREN R.RAPOPOPT RICHARD E.COLE$ �rG[pAfA,CH�H.d.�
CHRISTOPHER B,LOBB MARTIN PETERS
SEAN M.FORAN CHARLES M.GASTLI! PHILIP P.TQRPOY'
R.PFTFR A.MACOONALD DONALD A.McNE1LL PH1LI P P,HEALEY MJH 2Z1
CHARLES G.T.WIESE TIMOTHY J.HILL SHEILA M.QUIGLEY
WADE D,JAMIESON LEONARD D.RODNErS J.PAl1L R.H�JWARO
THNI A4 R.WHITBY SANDRA E.DAWE NETANUS T.RUYHERFORD
JAMS E.INGRAM LINDA J,GObr_L
JOHN D,HI$COCK CHRISTINE M.SILVER91DE4 SALVATORE J.P.FRI$INA
OSCAR J.SALA THOMAS MepAtt
Suhe 1800
MICHAEL CORDON(1969-1991)
The 86pean Tower
COUNSEL
MARTIN L,O'BRIEN,O.C. DAPPY D.LIPSON.Q.C,
February 19, 1992
VIA EA - 1-' 16.62 l.083o
Mr. Franklin Wu, M.C.I,P,
Director of Planning & Development
Town of Newcastle
40 Temperance Street
Bowmanville, Ontario LIC 3A6
Attention Mr. David Crome
Dear Sir:
RE: ENFORCEMENT OF THE TO'WN'S ROAD OCCUPANCY BY-LAW) BY-LAW 8367
I was asked to consider whether or not Town officials could remove newspaper boxes
placed by the Oshawa Times at certain locati(jIns in the 'T'own and hold them at the
Hampton Public Works Yard for retrieval. The question arose out of the 'Oshawa Times
verbal response to a letter dated January 23, 1992 addressed to the Oshawa Times by
Teresa Mason, Municipal Law Enforcement Officer, I advised that Town officials did not
have the right to enforce By-law 8367, as it stood in this way. As a result I was requested
to prepare amezidments to this by-law which would enlarge the enforcement options
available to the Town.
I enclose herewith for your consideration a draft by-law to amend By-law No. 83-67 and the
companion by-law establishing the Town's road occupancy policy, By-law No. 83-32.
Yours truly,
i
Dennis neffer ATTACHMENT N0. 3
DH/ms WD-%6-92
Enclosures
cc: Mr. W. Evans
Mr. I„ Creamer
Mr. L. Kotseff '' l
lo
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NO. 92-
Being a by-law to amend By-law No, 83-57, as
amended, and to amend By-law No. 83-32.
WHEREAS Council considers it to be expedient to amend By-law No.
83-57 and to amend By-law No. 83-32,
NOW THEREFORE the Council of The Corporation of the Town of
Newcastle enacts as follows:
1. By-law No. 83-57, being "a by-law to regulate the temporary
closure or occupancy of highways in the Town of Newcastle",
is amended by:
(a) deleting section I therefore and replacing it with
subsections 1(1) , 1(2) , 1(3) and 1(4) as follows:
"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
(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 I(1) (g) does not apply to the
transport of ordinary agricultural equipment
or livestock or to other farm-related
/2
r� ATTACHMENT N0. 4
2 -
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 any way 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 I(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. ";
(b) deleting from subsection II(5) thereof the words, "and
the terms of the Policy in respect of Road Occupancy";
(c) deleting from subsection III(10) thereof the words, "and
Town Policy"
(d) deleting from subsection V(1) thereof the words, "and the
Policy";
(e) deleting from subsection V(2) thereof the words which
follow the word, "load", and replacing it with the
following words, "referred to in subsection I(1) (g) of
this by-law"; and
(f) deleting section VII thereof and replacing it with a new
section VII as follows:
"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,
/3
i
3 -
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. "
2. By-law No. 83-32, being "a by-law to establish a policy in
respect of occupancy of municipal roads and rights-of-way" is
amended by adding thereto a new section 2 as follows:
2. THAT in the event of any conflict between the
provision of "Schedule A" attached to this by-law
and the provisions of By-law No. 83-57, as amended,
the provisions of By-law No. 83-57, as amended shall
prevail. "
BY-LAW read a first and second time this 22nd day of June, 1992.
BY-LAW read a third time and finally passed this 22nd day of June,
1992.
MAYOR
CLERK
i
i