2010-063 Regulate Driveway EntrancesTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2010-063
Being a By-Law to Regulate the Construction of Driveway Entrances
Upon the Highways Under the Jurisdiction of
The Corporation of the Township of Oro-Medonte
and to Repeal By-Law No. 2005-137
WHEREAS Section 11(3) of the Municipal Act, 2001, S. 0. 2001, c.25, as amended,
authorizes municipalities to pass by-laws respecting highways;
AND WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, authorizes municipalities to pass by-laws respecting drainage;
AND WHEREAS Council enacted By-Law No. 2005-137 on December 7, 2005, "A By-
Law to Regulate the Construction of Driveway Entrances Upon the Highways Under the
Jurisdiction of The Corporation of the Township of Oro-Medonte;
AND WHEREAS Council now deems it expedient to update the by-law;
NOW THEREFORE the Council of the Township of Oro-Medonte enacts as follows:
1. DEFINITIONS
(a) "APPLICANT" means a person being the owners of a lot or his authorized agent
applying for an Entrance Permit.
(b) "BOULEVARDS" means any part of a highway where grass is grown of which is
not intended for use of vehicles between the curb or outside edge of the shoulder
or roadway inclusive of the area covered by a sidewalk or footpath.
(c) "COUNCIL" means the Municipal Council of The Corporation of the Township of
Oro-Medonte.
(d) "DIRECTOR OF TRANSPORTATION AND ENVIRONMENTAL SERVICES"
means the Director of Transportation and Environmental Services of the
Township of Oro-Medonte or his/her designated representative.
(e) "ENTRANCE" means any private driveway, gate entranceway or other structure
or facility constructed as a means of access to a municipal roadway.
(f) "HIGHWAY" means a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle, any part of which is intended
for or used by the general public for the passage of vehicles and includes the
area between the lateral property lines thereof (Highway Traffic Act, R.S.O. 1990,
c.H.8, as amended)
(h) "STREET LINE" means the line dividing a private lot and the road allowance.
(i) "STRUCTURE" means anything constructed or erected, the use of which
requires 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.
(j) "TOWNSHIP" means The Corporation of the Township of Oro-Medonte.
2. ENTRANCE PERMITS
2.1 No person shall construct, alter, relocate or use an entrance upon a highway
under the jurisdiction of the Township except under the authority of an Entrance
Permit.
2.2 No person shall:
(a) change a temporary entrance to a permanent entrance,
(b) create a structure on vacant land,
(c) change a use of a land, or
(d) apply asphalt, concrete or any type of endwalls to an entrance without first
having obtained an Entrance Permit.
3. ISSUANCE OF ENTRANCE PERMITS
3.1 The Director of Transportation and Environmental Services or his/her designate
may issue an Entrance Permit to an applicant having regard to the following:
(a) (i) location, width and proposed use of the entrance,
(ii) sight distance along the road,
(iii) location of trees and public utility services.
(b) Upon receipt of an official "Entrance Permit Application" attached hereto
as Schedule "A" and forming part of this by-law;
(c) Upon payment of the applicable fee as approved in the Township of Oro-
Medonte Fees and Charges By-Law;
(d) No fee is required for a property entrance when in conjunction with the
written approval required as a condition in a new lot severance.
3.2 Issuance of an entrance permit does not guarantee the issuance of a building
permit by the Township of Oro-Medonte.
4. CONSTRUCTION OF ENTRANCE
4.1 No person shall perform any work upon a highway without the prior consent of
the Director of Transportation and Environmental Services or his/her designate.
4.2 Should a highway entrance not be constructed to the specifications authorized by
the entrance permit, the Director of Transportation and Environmental Services
or his/her designate shall have the authority to request that such entrance be
reconstructed to conform to the original specifications authorized by the entrance
permit. The Director of Transportation and Environmental Services shall have
the authority to request that any highway entrances subsequently altered from
the original specifications authorized by the entrance permit be reconstructed to
conform to the original specifications.
4.3 The failure of an owner of property to comply with Section 4.2 of this By-law shall
result in the Township of Oro-Medonte undertaking the necessary work at the
expense of the owner. Should the cost of the work borne by the Township
remain unpaid by the property owner, these costs shall be considered a debt to
the Township of Oro-Medonte and, together with all interest and penalties
accrued thereupon, may be collected by the Township of Oro-Medonte by action
or may be collected by the Township of Oro-Medonte on its behalf or may be
collected in like manner as taxes.
5. OBSTRUCTION PROHIBITED
5.1 No person shall tile or cover a boulevard, except under authority of and in
accordance with the conditions of an entrance permit.
5.2 No person shall obstruct any drain, ditch or watercourse situated on any highway
under the jurisdiction of the Township.
6. MAINTENANCE OF ENTRANCES
6.1 Nothing in this By-Law shall be construed as placing an obligation upon the
Township for maintenance of the driven surface of an entrance constructed
pursuant to a permit issued by the Director of Transportation and Environmental
Services or his/her designate.
6.2 Notwithstanding the provision of Section 6.1 of this By-Law, the Director of
Transportation and Environmental Services is hereby authorized and directed to
maintain and replace any culvert installed pursuant to this By-Law.
7. OFFENCE
7.1 It shall be an offence to perform any act which is contrary to the provision of this
By-Law.
7.2 Any person who violates any provision of this By-Law, upon conviction, is guilty
of an offence and shall be liable to a fine in an amount to be determined pursuant
to the Provincial Offences Act, R.S.O. 1990, Chapter P.33.
8. SEVERABILITY
8.1 Every provision of this By-Law is declared to be severable from the remainder of
the By-Law, and if any provision of this By-Law shall be declared invalid by a
court of competent jurisdiction, such declaration shall not affect the validity of the
remainder thereof.
9. SHORT TITLE
9.1 The short title of this By-Law is the "Road Entrance By-Law".
10. REPEAL
10.1 That By-Law No. 2005-137 be repealed in their entirety.
11. EFFECTIVE DATE
11.1 This By-law shall come into full force and effect upon the day of final passage
thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 24TH DAY OF MARCH, 2010.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 24TH DAY OF MARCH,
2010.
THE CORPORAT40N OF THE TOWNSHIP OF ORO-MEDONTE
, H.S. Hug
J. (Dor[cfas Irwin
Schedule "A" to By-law No. 2010-063
.
0"
s
Entrance Permit No.
Tota~ruhip oL f ~
Proud Heritage, Exciting Future
Date:
Name of Applicant:
Mailing Address:
MAS No. (Green No.):
Telephone No.:
Fax No.:
Application is hereby made to construct the following (check one):
Q Unpaved Entrance Temporary Entrance ® Pave Existing Entrance
Paved Entrance Culvert End Protection Change Design/Location
of Existing Entrance
Other:
Type of Entrance:
= Residential ® Farm
® Commercial/Industrial
Location of Property:
Lot and Concession/Sideroad
Plan No.
PLEASE MARK ENTRANCE LOCATION WITH PAINTED ORANGE STAKES
Fee Required: ® Yes = No
Fee: Paid:
Please indicate Lot Location with surrounding roads.
Please indicate North.
Applicant's Signature:
ffice Use nly:
No. of Entrances: Width:
m
Culvert or Pipe Needed: Yes = No Length and Size:
Sight Line Distance: m from right
m from left
Indicate, which if any, of the following will be affected:
Cross Reference with Easements
0 Roadway Trees Curb/Gutter ® Signs/Guide Rails = Other
Comments:
Date: Approval Authority: