HomeMy WebLinkAboutEGD-011-15 Clarington
Engineering Services
Report
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Clerk at 905-623-3379 ext. 2102.
Report To: General Purpose and Administration Committee
Date of Meeting: May 25, 2015
Report Number: EGD-011-15 Resolution Number:
File Number: By-law Number: e
Report Subject: Policy for Entrances
Recommendations:
1. That Report EGD-011-15 be received; and
2. That Committee recommend to Council that the Policy for Entrances (Attachment 1) be
approved.
3. That the amendment to By-law 2006-105 (being a by-law to regulate the construction of
driveway entrances upon highways under the jurisdiction of the Municipality of Clarington-
Attachment 2) be approved as outlined in Attachment 3 to Report EGD-011-15 to include a
requirement for property owners to obtain an entrance permit prior to the Municipality
issuing a Site Alteration Permit or prior to the Conservation Authority issuing a Permit under
Ont. Reg. 168/06 and to include an updated cost recovery fee schedule.
Municipality of Clarington
EGD-011-15 Page 2
1 . Background
1.1. Since 1981, the Municipality has operated under a municipal By-law with respect to
regulating the construction of entrances from private properties onto highways under the
jurisdiction of Clarington. The By-law has been updated over the years: most recently in
2006. The By-law is required in order to ensure that entrances are installed to municipal
standards in appropriate locations to provide for safe and efficient road operation. The
By-law establishes the requirements for a permit for granting access to municipal roads.
In order to assist individuals, builders, developers, commercial and industrial property
owners and anyone who wishes to apply for an entrance permit, staff have prepared a
Policy for Entrances document.
2. Policy for Entrances
2.1 The policy outlines guidelines to be used and design criteria to be applied. The Policy for
Entrances contains definitions, standards, procedure for applying for a permit, number of
entrances allowed, specifications and costs.
The policy is not significantly different from the one that has been followed since 1981,
but it now ties into commonly used and widely accepted Canadian standards as well as
the Engineering Services Department's Design Guidelines.
2.2 Property owners shall apply for an entrance when:
• The use of the entrance changes from temporary to permanent
• A new building is to be constructed on vacant land
• An entrance is desired to vacant property where no entrance exists
• An existing land use changes to another land use
• A Site Alteration Permit has been issued by the Municipality or a Permit under
Ont. Reg. 168/06 has been issued by the Conservation Authority
• A temporary access is required
3. Cost Recovery
3.1 Schedule 'A' of By-law No. 2006-105 needs to be updated in order for the Municipality's
Operations Department to fully recover the actual cost of providing both rural and urban
entrances.
3.2 The following changes are proposed:
Currently Proposed
Inspection Fee $75.00 $75.00
400mm x 7m culvert $1800.00 $1900.00
450mm x 7m culvert $1900.00 $2150.00
600mm x 7m culvert $2000.00 $2300.00
Curb Cut $30.00/m $30.00/m
These proposed fees are for cost recovery for the culvert, granular material, lead
hand, flag persons, 1/2 ton trucks, gradall and operators, tandem trucks and operators
and administration.
Municipality of Clarington
EGD-011-15 Page 3
4. Concurrence
The policy has been reviewed by Engineering Services Department staff, Operations
Department staff and the Municipal Solicitor. It is staff's view that this policy will provide
an appropriate guideline for granting access to municipal roads.
5. Conclusion
Staff respectively request that Committee recommend that Council approve the Policy for
Entrances to be followed in conjunction with By-law 2006-105 to regulate construction of
accesses onto highways under the jurisdiction of the Municipality of Clarington and that
Council approved the proposed amendment to By-law 2006-105.
6. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by: � ( �`
A.S. Cannella, C.E.T. Franklin Wu,
Director of Engineering Services Chief Administrative Officer
Staff Contact: Leslie Benson, Manager, Development Engineering & Traffic, 905-623-3379 ext.
2304 or Ibenson @clarington.net
Attachments:
Attachment 1 - Policy for Entrances
Attachment 2 - By-law 2006-105
Attachment 3 - By-law 2015- to amend By-law 2006-105
The following is a list of the interested parties to be notified of Council's decision:
Not applicable
ASC/LJB/dv
Municipality of Clarington Attachment 1 to
EGD-011-15
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
POLICY FOR ENTRANCES
1.0 GENERAL
The Municipal Road System provides a vital network of urban and rural roads which
have been designed and maintained to accommodate increasing traffic volumes
throughout the area. Access control is of principal importance in ensuring that these
roads will continue to operate safely and efficiently and have a high traffic movement
capability in future years.
The desire of an abutting property owner to have access to his land and the need to
provide relative safety and freedom of movement on the adjacent highway frequently
creates situations in which the right of the owner and the needs of the general public
may be seen to be incompatible. In these cases, safety and the efficient use of the
highway should be the governing criteria in resolving any differences.
The primary purpose of this policy is to establish the guidelines to be used in granting
access and the design criteria to be applied to entrances providing access to a
Municipal Road.
2.0 DEFINITIONS
2.1 In this policy,
"applicant" means the person applying for the Entrance Permit.
"Corporation" means the Corporation of the Municipality of Clarington.
"Director" means the Director of Engineering Services or a designate.
"entrance" means any private road, laneway, driveway, entrance, gate or other
structure or facility constructed as a means of access to a municipal road.
"high volume entrance" means an entrance providing access to and/or egress from:
a) an office, retail or institutional building;
b) an apartment building containing more than five (5) dwelling units;
C) an employee or other parking lot;
d) an industrial facility, warehouse or trucking operation;
Municipality of Clarington Attachment 1 to
EGD-011-15
e) a community or regional shopping centre; or
f) a recreational complex, park, community centre, sports field or other facility or
area open to the public sector.
"low volume entrance" means an entrance providing access to and/or egress from:
a) a single family residence;
b) an apartment building containing not more than five (5) dwelling units; or
c) a farm or a field forming part of a farm and used exclusively for the passage of
agricultural equipment, animals and crops, or other agriculture-related area.
"seasonal use" means access to a property or dwelling by way of a road or right-of-
way on which maintenance is performed annually, or as scheduled by the Corporation
to yield minimum standard.
"TAU means Transportation Association of Canada.
3.0 STANDARDS
3.1 Where there are two possible means of access to one individual property, the
Municipality will reserve the right to designate and approve the most advantageous
access in keeping with the Corporation's requirements. Only the frontage of one road
will be considered when determining number of entrances allowable.
3.2 Where a corner property abuts two roads of different classifications, the access will be
granted, subject to all other criteria being met, to the lower classification road.
3.3 All entrances and curb cuts shall be constructed by the Corporation's Engineering
Services Department or its contractor unless otherwise authorized by the Director.
3.4 Entrances shall be located so as not to interfere with any municipal or utility services
such as utility poles, catch basins, valves or hydrants.
3.5 Notwithstanding 3.3, in cases where there exists a formal development agreement
with the Corporation in respect of which there is a performance guarantee or bond,
and appropriate liability insurance is in effect for the duration of the construction up to
approval or acceptance of the development by the Corporation, entrances may be
constructed by a competent professional contractor approved by the Director.
Municipality of Clarin ton
Attachment 1 to �
EGD-011-15
3.6 If 3.5 is applicable, the Director shall specify the conditions of entrance construction,
including material requirement, in accordance with acceptable standards and criteria,
and all installations under these conditions shall be subject to final inspection and
approval upon completion. If the construction does not meet the requirements or
standards specified by the Director, the Director shall notify the developer of any
deficiencies and the works shall be corrected or modified at the expense of the
developer within a period of time, established by the Director. Failure on the part of
the developer to comply with the requirements shall give the Corporation the authority
to rectify the situation and apply all costs incurred against the sureties held.
3.7 Where a high volume entrance will enter onto a municipal road, the Director may
require, as a condition of access, road upgrades which may include but not be limited
to pavement improvements, turn lanes, signage and median barriers.
3.8 All entrances, installations and works on the municipal right-of-way shall, upon
completion and/or approval, become and remain the property of the Corporation.
3.9 Notwithstanding the fact that an entrance has been installed in accordance with this
Policy, the Corporation may subsequently, at its discretion, alter such entrance to
accommodate municipal road or roadside works, services, maintenance or
improvements. In such instances, it shall be the responsibility of the Corporation to
restore and reinstate the affected entrance(s) to a condition consistent with that which
exists prior to the improvement works, and in accordance with municipal standards.
3.10 Barrier and/or mountable curbs providing access to a property shall be considered part
of an entrance and shall be constructed in accordance with the provisions of this
Policy.
3.11 Where culvert lengths are greater than twelve (12) metres, the applicant may be
required to have a manhole installed at 100% their cost, as a condition of approval of
the entrance.
4.0 PROCEDURE
4.1 An Application for Property Access must be completed, and a non-refundable
inspection fee paid at the time of filing for each individual entrance.
Municipality of Clarington Attachment 1 to
EGD-011-15
4.2 The Corporation's Engineering Services and Operations Departments will inspect the
site of the proposed entrance(s), specify the material requirements necessary to
provide access in accordance with prevailing standards and criteria and provide an
estimate of cost for installation of the entrance.
4.3 a) The Engineering Services Department shall advise the applicant of the
requirements established in part 4.2 and the applicant shall, prior to issuance of
the approved Application for Property Access or commencement of work, pay
all costs associated with the entrance(s).
b) Should an applicant require only confirmation that access would be approved,
and/or available, at some future date, the inspection fee shall be paid, but the
Application for Property Access shall be stamped accordingly, and such location
approval shall be valid for six (6) months only from the date of site inspection. If
the applicant does not complete the procedure for the installation of access
within that period, then the first application shall become invalid and a new
application must be made as if there had no former reference to the site in
question.
4.4 The applicant is responsible for staking the location of the requested entrance. Final
location is subject to inspection approval and conformity to all applicable municipal
policies and standards.
4.5 A property owner or agent must obtain an approved Application for Property Access
and Road Occupancy Permit before altering, occupying or undertaking works of any
nature within the limits of a municipal right-of-way, and it shall be at the discretion of
the Director as to whether approval is granted, under the terms and conditions of this
and any other applicable municipal policy and/or by-Law.
4.6 Prior to the issuance of a Building Permit, an approved Application for Property Access
must be obtained unless an existing entrance has previously been approved by the
Municipality for the same land use.
4.7 An entrance constructed or altered in any way, without approval or contrary to the
conditions under which it was approved, may be removed by the Corporation and the
cost of removal will be assessed against the property owner and such costs shall be
added to the tax role in accordance with Section 446 of the Municipal Act, 2001.
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Municipality of Clarington Attachment 1 to
EGD-011-15
4.8 Where an application has been approved for a temporary entrance, the cost of
installing and removing the temporary entrance and/or restoring the right-of-way to its
original condition will be assessed and must be paid to the Corporation prior to the
issuance of the permit.
4.9 The extent of permit approval for a temporary entrance shall not exceed a period of six
(6) months from original date of approval.
4.10 No access or entrance will be permitted:
a) onto an unmaintained or unopened road allowance or any right-of-way contrary
to zoning by-law,
b) onto a road allowance which receives summer maintenance only, unless the
access is for bona fide agricultural use.
c) onto a road allowance which is closed by By-law.
d) onto a road for which the proposed connection and resulting traffic may impact
the Municipal road in an operational or structural manner.
5.0 NUMBER OF ENTRANCES
5.1 Low volume entrances shall be limited to the following number per property:
a) up to the first 18m of frontage: one two-way.
b) from 18m to 30m of frontage: one two-way or two one-way on local roads.
C) greater than 30m of frontage: two two-way on local roads.
d) greater than 18m frontage: TAC recommendations for collector and arterial
roads.
5.2 High volume entrances shall generally be limited to the following number for each
property:
a) up to the first 300m of frontage: not more than two.
b) for each additional 150 m of frontage: not more than one.
5.3 Approval for additional entrances will be considered by the Director only when
sufficient evidence of necessity is provided by the applicant.
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Municipality of Clarington Attachment 1 to
EGD-011-15
6.0 SPECIFICATIONS
6.1 Basic Entrance Dimensions and Structure:
Basic widths, curb spacing, radii and structure of entrances for various land uses in
urban and rural areas must be constructed in accordance with the Corporation's
Engineering Design Guidelines and the TAC Design Standards for Canadian Roads
Manual.
The design values may be adjusted at the sole discretion of the Director.
6.2 Sight Distance:
Adequate sight distance must be provided for both movements out of an entrance and
into an entrance with a minimum of hazard and disruption to traffic. Sight distances
required to maintain the safe operation of an entrance are specified in the TAC Design
Standards for Canadian Roads and are a function of operating speed.
The operating speed on each approach is assumed to be the posted speed limit plus
10 km/h r.
6.3 Minimum Corner Clearances, Driveway Spacinq and Driveway Grades:
Guidelines contained in the Corporation's Engineering Design Guidelines and the TAC
Design Standards for Canadian Roads Manual shall apply with respect to minimum
corner clearances from driveways to intersections and with respect to driveway
spacing and with respect to driveway grades. Applicants will always be encouraged to
construct the driveway perpendicular to the road.
7.0 COSTS
7.1 At the time of Application for Property Access the applicant shall pay to the
Corporation an inspection fee, which shall be non-refundable.
7.2 Costs payable to the Corporation in respect of entrance installation, relocation or
alteration, of any type, shall be inclusive of inspection fee, labour, equipment and
materials required.
7.3 Unless otherwise specified by the Director, all costs must be paid to the Corporation
prior to,
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Municipality of Clarington Attachment 1 to
EGD-011-15
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a) approval of an Application for Property Access, and
b) commencement of any work to be done.
7.4 When work is to be done on an `actual cost' basis, this will be the cost of inspection
fee, labour, equipment and materials, to the total of which shall be added an
administration fee of thirty five percent (35%).
7.5 Costs associated with the cost recovery of the installation of entrances are set by the
Operations Department and are stipulated in Schedule `A' of By-law 2006-105.
Attachment 2 to
EGD-011-15
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THE CORPORATION OF THE MUNICIPALITY OF CL.ARINGTON
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BYLAW 2008- 105
Being a by-law to regulate the construction of driveway
entrances upon the highways under the jurisdiction of
the Municipality of Clarington.
WHEREAS, pursuant to the provisions of paragraph (1) of Section 27 of The
Municipal Act, R.S.O. 2001, Chapter 25,2002 Chapter, by-laws may be passed
by the Council of every Municipality in respect of a highway under its jurisdiction.
AND WHEREAS Section 35 of the Municipal Act, as amended,provides that by-
laws may be passed removing,or restricting the common law right of passage by
the public over a highway and the common law right of access to the highway by
an owner of land abutting a highway.
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington hereby enacts as follows:
1. DEFINITIONS In the 8y-Law
"Applicant" means the person applying for the entrance
permit.
"Director" means,the Director of Engineering Services of
the Municipality of Clarington or his designated
representative,
"Entrance" means any private road,gate,driveway,culvert
driveway, entranceway or other structure or
facility constructed as a means of access to a
municipal road.
"Boulevards" means any part of the highway which is not
Intended for use of vehicles between.the curb
or outside edge of the shoulder and the street
line, inclusive of the area covered by grass,
ditch,sidewalk or footpath.
"Street tine" means the line dividing a lot and the road
allowance.
"Highway" shall have the same meaning as that found In
the Highway Traffic Act and shall Include any
unopened road allowance under the jurisdiction
of the Municipality of Clarington.
"Structure" means anything constructed or erected, the
use of which required 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.
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Attachment 2 to
EGD-011-15
2. REQUIREMENT FOR A PERMIT
a)
All persons requiring an entrance to their property from a municipal
highway are required to obtain a permit from the Municipality of .
Ciarington and no person shall construct, alter,change the use of,
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.
b) 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, proximity of intersections,other driveways,the location of
trees, public utility services and the Jeopardy of public safety and
accordance with the entrance policy of the municipality,as adopted
by Council from time to time.
c) An entrance permit shall be applied for one or more of the
following,and prior to a building permit being issued;
i) Change of a temporary entrance to a permanent entrance.
It) Creation of a structure on a vacant land.
ill) Entrance to vacant land where no entrance exists.
Iv) Change from any existing use to any other use.
d) . All costs pertaining to the entrance to be used as a means to a
municipal highway, including, where applicable, the Installation of
culverts, catch basins, the replacement of concrete curbs and
gutters, relocation of utilities, tree removal and other associated
works shall be paid by the Applicant.
a) All works undertaken within a municipal highway shall be carried
out by the Municipality of Ciarington Operations Department.
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 Municipality and that a fee in respect of Inspection and
administration services has been paid, In accordance with
Schedule°A"of this By-Law.
Q 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(16m3))
Is required, the Applicant shall remit to the Municipality of
Clarington an amount as determined by the Director to cover the
cost of the additional materials and works Involved.
g) No person shall tile or cover a boulevard,except In accordance with
the conditions of an entrance permit.
h) 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.
Attachment 2 to
EGD-011-15
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3. Non-Compilance with the By-Law
a) After the effective date of this By-Law, The owner of the property
shall, within fourteen days of receipt of notice in writing to do so,
apply to the Municipality of Ciarington for a permit to have a proper
entrance Installed.
b) If the owner objects or refuses to comply with the notice given,
pursuant to Section (a) herein, the Municipag(y may remove the
obstruction and install a proper entrance and any expense Incurred
by the Municipality so doing shall be paid by the owner.
c) The Municipality may give notice to the owner of any land requiring
him to close up and/or remove any private road,entrance,structure
or facility, constructed or used as a means of access to a highway
In contravention of this By-Law.
d) Every notice given under Section(c)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
and the notice on the fifth day following the mailing thereof.
e) Where the person to whom notice Is given under Section(c)falls to
comply with the notice within ten (10) days after its receipt, the
Director may direct any officer, employee or agent of the
Municipality to do, or cause to be done, whatever may be
necessary to close up and/or remove the private road, entrance,
structure or facility,as required by the notice,
f} Notwithstanding Section (c), if, in the opinion of the Director, a
safety hazard to the public exists as a result of the non-compliance,
the Director may direct any officer, employee or agent of the
Municipality to do whatever may be necessary to eliminate the
hazard forthwith.
g) Every person who falls to comply with a notice given under Section
(c)Is guilty of an offence and upon conviction Is liable to a fine as
prescribed in the Provincial Offences Act.
4. Malntenance
The Municipality 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 driveway shall be the
responsibility of the owner of the land for which the entranceway
provides access.
By-Law 81-37 of the Municipality is hereby repealed.
This By-law shall come into effect on the date of passing hereof.
BY-LAW read a first and second time this 16th day of May,2006.
BY-LAW read a third and finally passed this 16th day of May,2006.
_(ba-
John M tton, Mayor
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Areentree,Deputy Clerk
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Municipality of Clarington Attachment 2 to
EGD-011-15
SCHEDULE `A'
DRIVEWAY ENTRANCE TYPE PAYABLE TO THE MUNICIPALITY OF
CLAR/NGTON
INSPECTION FEE $75.00
7m-400 mm pipe $1800.00
7m-450 mm pipe $1900.00
7m-600 mm pipe $2000.00
Entrance - no culvert Time and materials + 35% (minimum charge
$200.00)
Entrance - extension Time and materials + 35% (minimum charge
$200.00)
Entrance - relocation Time and materials + 35% (minimum charge
$200.00)
Entrance - temporary Time and materials + 35% (minimum charge
$200.00)
Curb cut $30.00/m (minimum charge $125.00 per cut)
Notes:
All "Time and materials + 35%" works will be estimated by the Director of Operations or
his designated representative. The estimated sum must be paid to the Municipality prior
to the approval of the Application for Property Access and or the commencement of
works.
Effective July 8, 2013
Municipality of Clarington Attachment 3 to
EGD-011-15
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2015-
1
Being a By-law to amend By-law 2006-105 to regulate the construction of driveway
entrances upon the highways under the jurisdiction of the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington has approved
the recommendations contained in Report EGD-011-15
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. THAT By-law 2006-105 be amended by deleting Sect. 2 (c) in its entirety and
replacing it with:
"2 (c) An entrance permit shall be applied for one or more of the following (prior
to a building permit being issued if applicable):
i) Change of a temporary entrance to a permanent entrance.
ii) Creation of a structure on a vacant land.
iii) Entrance to a vacant land where no entrance exists.
iv) Change from any existing use to any other land use.
V) Use of an existing entrance to access lands which are the subject of a Site
Alteration Permit or a permit issued by the Conservation Authority under
Ont. Reg. 168/06.
vi) Installation of a temporary access.
2. THAT By-law 2006-105 be amended by adding the following to Sect. 2 (d):
The Director may require a road damage deposit to be determined by the Director
and to be paid by the applicant. The refund of the road damage deposit will be
made at the sole discretion of the Director.
3. THAT By-law 2006-105 be amended by deleting Schedule "A" and replacing it with
Schedule "A" attached hereto.
BY-LAW passed this 1St day of June 2015
Adrian Foster, Mayor '
C. Anne Greentree, Municipal Clerk
Municipality of Clarington Attachment 3 to
EGD-011-15
SCHEDULE `A'
DRIVEWAY ENTRANCE TYPE PAYABLE TO THE MUNICIPALITY OF
CLARINGTON
INSPECTION FEE $75.00
7m-400 mm pipe $2000.00
7m-450 mm pipe $2150.00
7m-600 mm pipe $2300.00
Entrance - no culvert Time and materials + 35% (minimum charge
$200.00)
Entrance - extension Time and materials + 35% (minimum charge
$200.00)
Entrance - relocation Time and materials + 35% (minimum charge
$200.00)
Entrance - temporary Time and materials + 35% (minimum charge
$200.00)
Curb cut $30.00/m (minimum charge $125.00 per cut)
Notes:
All "Time and materials + 35%" works will be estimated by the Director of Operations or
his designated representative. The estimated sum must be paid to the Municipality prior
to the approval of the Application for Property Access and or the commencement of
works.
Proposed-Report EGD-011-15
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