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2016-085 Road Occupancy By-LawThe Corporation of the Township of Oro-Medonte By-law No. 2016-085 A By-law to regulate and permit the temporary closure or occupancy of any municipal highway for purposes related to construction or maintenance activity within the Township of Oro-Medonte (Road Occupancy By-law) Whereas Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may pass By-laws respecting matters related to highways including parking and traffic on highways; And Whereas Section 118 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides a municipality may regulate the excavating, construction and use of trenches; prohibit the activities described unless a permit is obtained from the municipality for those activities and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans; And Whereas Section 129 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a municipality to prohibit and regulate noise, vibration, odour and dust and prohibit the matters described unless a permit is obtained from the municipality for those matters and may impose conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans; And Whereas Section 391 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a municipality to impose fees or charges on persons for the use of its property including property under its control; And Whereas Section 444 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may make an order requiring the person who contravened the by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to discontinue the contravening activity; And Whereas Section 445 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may make an order requiring the person who contravened the by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to do work to correct the contravention; And Whereas Section 446 of the Municipal Act, 2001, S.O. 2001, c.25, as amended provides that a municipality has the authority to direct or require a person to do a matter or thing, the municipality may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person's expense; And Whereas the Council of The Corporation of the Township of Oro-Medonte deems it desirable to regulate and permit the temporary closure or occupancy of municipal highways and/or right of ways under the jurisdiction of the Township; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That Appendix "A" attached hereto, form part of this By-law. 2. That this By-law may be cited as the "Road Occupancy By-law" 3. And that this By-law shall come into force and effect on the date of its final passing. By-law read a First, Second and Third time, and Passed this 8th day of June, 2016. The Corporation of the Tgwnship of Oro-Medonte , H.S. H Clev X DafWaslrwin Appendix "A" to By-law No. 2016-085 for the Corporation of the Township of Oro-Medonte 1.0 Definitions For the purpose of this By-law, the following definitions shall apply: "Activity" shall mean the temporary occupancy of a highway for any purposes for a defined period of time outside its normal intended use. "Applicant" shall mean any person, Utility Company or Corporation making an application for a Temporary Road Occupancy Permit and any person to whom a permit is issued. "Construction or Maintenance Purpose" shall mean any construction, repair or improvement of the highway or a portion thereof, or any works under, over, along, across or upon the highway, and also include building construction, repair or maintenance operations by the owner or occupant of land adjoining the highway, including the storage of materials used for such building or the erector of hoardings, which require highway occupancy or closure. "Contaminated Material" shall mean any subsurface soils of an undesirable nature such as, but not limited to organic materials, highly organic silts, sensitive or ultra -sensitive clays, peat or other highly compressible soils, and soils containing noxious or hazardous chemicals or waste products. "Council" shall mean the Council of The Corporation of the Township of Oro- Medonte. "Director" shall mean the Director of Transportation & Environmental Services or his /her authorized representative. "Highway" is the portion of the Right of Way, including a common and public highway, street, avenue, parkway, square, place, bridge, viaduct or trestle, designed and intended for, or used by the general public for the passage of vehicles, including unopened and unassumed highways. "Officer" shall mean a Municipal Law Enforcement Officer, Provincial Offences Officer, Police Officer, Engineering Inspector or any other duly appointed person. "Owner" shall mean the assessed Owner(s) as identified on the Assessment Roll for Taxation Purposes during the current year, as amended. "Person" shall mean an individual human being, his/her personal agent, heir, successors and assigns, and shall include a corporation with or without share capital. "Right of Way" shall mean highways including roadway, curbs, shoulders, boulevards, pathways and parks. "Road Cut" shall mean a surface or subsurface cut in any part of a highway made by any means, including but not limited to any excavation, reconstruction, cutting, saw cutting, overlaying, crack sealing, breaking, boring, directional drilling, jacking or tunneling operations. "Security" shall mean all forms of security including cash or letters of credit to be provided by the Applicant pursuant to the requirements of this By-law. "Settlement or Settled" shall mean the sinking of the surface of a road cut in relation to the grade of the adjacent undisturbed highway. "Township" shall mean The Corporation of the Township of Oro-Medonte. "Township Standards" shall mean the Township of Oro-Medonte Engineering Standards, as amended from time to time and are to be used in conjunction with the Ontario Provincial Standard Drawings (OPSD) and the Ontario Provincial Standard Specifications (OPSS). 2.0 General Provisions 2.1 This By-law shall apply to all highways and right of ways under the jurisdiction of and located within the geographical boundaries of the Township. Conversely, the Special Events By-law applies to notification and the issuance of permits for Special Events. 2.2 For the purpose of this By-law, the Director shall have the authority to approve, administer and/or revoke all Temporary Road Occupancy Permits. 2.3 The Director is authorized to order road closure or permit occupancy for uses related to construction or maintenance activity. 2.4 The permit must be displayed and/or available at the activity location at all times. 3.0 Prohibitions 3.1 No person shall permit or cause the temporary occupancy and/or closure of a highway or right of way without first obtaining a Temporary Road Occupancy Permit issued pursuant to this By-law. 3.2 Every person, who without lawful authority uses a highway or right of way so closed to traffic while it is protected or who remove or defaces any barricade, device, detour sign or notice placed thereon by lawful authority is guilty of an offence and is also liable to the municipality having jurisdiction for any damage or injury occasioned by such wrongful use, removal or defacement. 3.3 Every person who uses a highway or right of way closed to traffic under this By-law does so at their own risk and the municipality is not liable for any damage sustained by a person using a highway or right of way so closed. Furthermore, no person shall use a highway or right of way closed to vehicular traffic during the period of closure except for pedestrian traffic or such other uses authorized under the Temporary Road Occupancy Permit. 3.0 Application for Temporary Road Occupancy Permits 4.1 Every person seeking to occupy or close to vehicular traffic any highway or right of way within the Township shall apply in writing to the Director. 4.2 An application for Temporary Road Occupancy shall be filed with the Township not less than ten (10) working days in advance of an activity. A completed application form must be submitted with the prescribed non- refundable fee. 4.3 Every Applicant shall complete the prescribed form. 4.4 Where applicable, the Director will circulate the completed application to Fire and Emergency Services, Chief Building Official and Municipal Law Enforcement for comments prior to Township approval. 4.5 The Township, upon receipt of a completed application, may recommend additional signs, barricades, traffic control, personnel or other equipment, additional insurance or notification to additional agencies that are necessary for the proposed road occupancy. The applicant will be responsible to ensure compliance with applicable provincial and federal traffic control and safety regulations. 4.6 The Township reserves the right to impose conditions prior to approval of an application for a Temporary Road Occupancy Permit. The Township may refuse to grant a permit with reason(s) delivered in writing to the Applicant. Any applicant who has been refused a permit or who objects to conditions imposed may appeal to Council and the decision of Council shall be considered final and binding on the Applicant. 4.7 Every Applicant shall provide proof of insurance satisfactory to the Township. The proof of insurance shall include the following: 4.7.1 Indemnification of the Township against all damages, claims, injury or demands of every nature and kind arising from, or incidental to the temporary road occupancy and/or closure; 4.7.2 Name The Township of Oro-Medonte as additional insured; 4.7.3 A minimum general liability insurance not less than $5 million per occurrence. The Director may vary the monetary discretion limits to mitigate risks to the Township. 4.8 Where applicable, it is the sole responsibility of the Applicant to arrange for police attendance for the purpose of traffic control. All such costs are the sole responsibility of the Applicant. 4.9 If an extension of an existing permit is required, the Applicant shall immediately notify the Township in writing and submit any necessary documentation regarding the application for permit extension. If the Director is satisfied that the Applicant has submitted the necessary documentation, the permit may be amended. 4.10 When authorized, The Temporary Road Occupancy Permit is valid for sixty (60) calendar days from the date of issue. 4.11 The Temporary Road Occupancy Permit is not transferable. 5.0 Detour, Barricades and Warning Devices 5.1 Where closure or occupancy is ordered by the Township, the Applicant shall ensure that access to all public and private properties is maintained. The Director must approve detours and/or closures. 5.2 Where a highway or any right of way is closed under an order of the Director or a Temporary Road Occupancy Permit, there shall be erected at each end of such highway or right of way, and where detour routes deviate, a barricade upon which an adequate warning device shall be exposed and in good working order continuously from sunset to sunrise. A detour sign shall indicate an alternative route and contain a notice that the highway is closed to traffic. 5.3 All detours, barricades, signs and warning devices shall comply with the requirements identified in Book 7 of The Ontario Traffic Manual - Temporary Conditions, latest revisions and the Occupational Health and Safety Act, R.S.O 1990, as amended. 5.4 The applicant is to supply and maintain appropriate signage. 6.0 Road Cuts 6.1 Any asphalt cuts must be preapproved by the Director with a detailed work plan, including material suppliers submitted by the Applicant, before a permit will be issued. 6.2 All roads are to be open to traffic prior to sunset and are subject to the Occupational Health and Safety Act, R.S.O. 1990, as amended and Book 7 of The Ontario Traffic Manual -Temporary Conditions, latest revisions. 6.3 All asphalt surfaces are to be restored with 50mm of temporary cold patch until final restoration, in accordance with Township Standards. 6.4 Where boring, directional drilling, jacking or tunneling is used for any subsurface road cut, any settlement must be reinstated by the Applicant in accordance with Township Standards. 6.5 If contaminated material is encountered during any excavation, the Application shall immediately notify the Director and the Ontario Ministry of the Environment and Climate Change (if applicable) and comply with all relevant legislation. 6.6 Applicants must notify the Director prior to any backfilling or damage to existing works including road sections, curbs and sidewalks. 6.7 The Applicant is responsible for all costs of maintaining the work area for a period of one (1) year from the completion of the work. 7.0 Permit Fees and Security Deposits 7.1 All Applicants must pay a non-refundable permit fee of $100 for the issuance of a Temporary Road Occupancy Permit, if the work does not include a road cut. 7.2 All Applicants must pay a non-refundable permit fee of $250 for the issuance of a Temporary Road Occupancy Permit, if the work does include a road cut. 7.3 Permit fees may be waived for activities related to work being completed on behalf of the Township, at the discretion of the Director. 7.4 Permit fees will be waived for drainage related works being constructed as a Municipal Drain, under the Drainage Act. All other drainage works will require an Entrance Permit or approved road cut work plan. 7.5 A security deposit may be required, at an amount determined by the Director and being sufficient to restore all disrupted areas and protect the public. Security deposits may be held for a one (1) year period after the work outlined in the permit is completed. 7.6 A security deposit, to be determined by the Director, will be required when the owner of land abutting a municipal sidewalk, curbing, paved or unpaved highway, submits application for the issuing of a demotion or building permit for the approval of plans of buildings or designated projects to be erected, altered, repaired or demolished thereon. This deposit is intended to meet the cost of repairing any damage to the sidewalk, curbing, paved or unpaved highway caused by the crossing of any such vehicle onto the property Furthermore, the Township shall be the sole judge of damages and for determining the costs of repairs to be charged against the security. In the event that the amount of deposit fails to cover the amount of damages, the person who paid the initial deposit shall be issued an invoice for the balance of costs. 8.0 Exemptions from Permit Requirements 8.1 A Temporary Road Occupancy Permit is not required by a person undertaking any works for or on behalf of the Township or for road occupancy or closures ordered by the Director. 8.2 If it is the intent of the Applicant to complete work within a right of way that is minor (at the discretion of the Township) and does not cause any disruption to traffic flows, break ground or potential to damage existing utilities then at the discretion of the Director, a permit may not be required. 9.0 Additional Applicant Responsibilities 9.1 The Applicant shall maintain one lane of traffic, where possible. 9.2 The Applicant shall immediately notify the Director of any alteration, breaking or disturbance of existing pavement, boulevard, sidewalk or curb if the work undertaken deviated from that set out in the approved permit. The applicant shall undertake a temporary repair to the satisfaction of the Director. The expense of the permanent restoration shall be at the sole expense of the Applicant. 9.3 The Applicant shall immediately notify the Director in the event the permitted works will not be completed on time. 9.4 The Applicant shall permanently restore all sodded and vegetated areas to the satisfaction of the Director. 9.5 In the event the Applicant fails to complete temporary repairs or restoration, the Township may engage the necessary repairs at the expense of the Applicant or any person or group who benefited from the permitted works. The Township may then add the outstanding expense to the tax role for any real property within the municipality owned by the applicant responsible for paying the expense, and the amount may be collected in like manner as municipal taxes. 9.6 The Applicant shall undertake any work necessary to obtain all required utility locates, approvals and permits from all applicable levels of government and authorities. 9.7 The Applicant shall ensure that all equipment is in good working order and does not leak fluids or produce unnecessary noise. The idling of service equipment shall be restricted to the minimum amount necessary for completion of the permitted works. 9.8 The Applicant is responsible for maintaining the work site and surrounding area free of mud and dust. The Applicant shall clean the activity area to the satisfaction of the Director. 10.0 Inspections 10.1 An Officer may at all reasonable times enter on any land, for the purpose of carrying out an inspection to determine whether or not the provisions of this by-law, direction or order in association with the permit are being complied with. 11.0 Orders 11.1 If after inspection, an Officer is satisfied that a contravention of this By- law has occurred, the Officer shall notify the registered owner of the land of the particulars with a "Notice of Contravention" and/or an "Order to Comply" pursuant to subsections 444(1) and 445(1) of the Municipal Act, 2001, as amended, at the same time and provide all occupants with a copy of the notice and such order shall contain: 11.1.1 the municipal address and the legal description of the land; 11.1.2 reasonable particulars of the contravention; 11.1.3 the period of time within which there must be compliance. 11.2 The Officer, by a written Notice of Contravention and/or an Order to Comply pursuant to subsections 444(1) and 445(1) of the Municipal Act, 2001, as amended, may require any person who has done work without an approved Temporary Road Occupancy Permit or has not complied with the provisions of this By-law, or where the permit has been issued on mistaken, false or misleading information: 11.2.1 to cease all work; 11.2.2 to restore/repair any damages caused; 11.2.3 to do all work necessary to eliminate any hazards resulting from the work that has occurred. 11.2.4 to be responsible for all cost associated with the remedial work, such cost will be withdrawn from the securities provided by the permit holder. In the event the cost to repair damages exceeds the deposit and/or securities the permit holder is responsible for the full amount of damages incurred to any municipal roadway. 12.0 Offences 12.1 Every person who hinders or obstructs, or attempts to hinder or obstruct, any Officer exercising a power or performing a duty pursuant to this By- law is guilty of an offence as provided in section 426 of the Municipal Act, 2001. 12.2 Every Person who contravenes the provisions of the By-law is guilty of an offence and liable upon conviction to a penalty as set out in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended. 12.3 The conviction of an offender upon the breach of any provisions of this By-law shall not operate as a bar to a prosecution against the same offender upon any continued or subsequent breach of any provision. Section 442 of the Municipal Act, 2001, S.O. 2001, c.25, as amended from time to time, shall further apply to any continued or repeated breach of this By-law. 13.0 Severability 13.1 If any court of competent jurisdiction finds that any of the provisions of this By-law are ultra vires the jurisdiction of Council, or are invalid for any reason, such provision shall be deemed to be severable and shall not invalidate any of the other provisions of the By-law, which shall remain in full force and effect. 14. Miscellaneous 14.1 If any provision of this By-law is inconsistent with the Municipal Act, the Public Transportation Act, the Highway Traffic Act, or any other Act, the provisions of the applicable Act shall prevail. 14.2 Where the context permits, words importing the singular also include more than one persons, parties or things of the same kind. Where the context permits, words importing the masculine gender also include female as well as male.