2017-063 Road Occupancy By-LawThe Corporation of the Township of Oro-Medonte
By-law No. 2017-063
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 and to repeal By-law 2016-085
(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. That By-law No. 2016-085 be hereby repealed in its entirety.
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4. 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 10th day of May, 2017
The Corporation of tqe Township of Oro-Medonte
n
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Appendix "A"
to By-law No. 2017-063 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" means the temporary occupancy of a Highway for any purposes for a
defined period of time outside its normal intended use.
"Alter" means to change in any manner and includes to restore, renovate, repair or
disturb and "Alteration" has corresponding meaning.
"Applicant" means any person, utility company or corporation making an application
for a Temporary Road Occupancy Permit and any person to whom a permit is issued
(permit holder).
"Cold Patch" means a mixture of crushed stone and bituminous binder that may be
used cold for mending pavement.
"Construction or Maintenance" means 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 landscaping, utility, building construction, repair or
maintenance operations by the owner or occupant of land adjoining the Highway,
including the storage of materials used for such purpose or the erector of hoardings,
which require Highway occupancy or closure.
"Council" means the Council of The Corporation of the Township of Oro-Medonte.
"Director" means the Senior Manager with responsibility for the oversight for the
Township road network or his/her authorized representative.
"Heave" means any rise in the surface of a road cut in relation to the grade of the
adjacent undisturbed Highway.
"Highway" means a common and public Highway, road, street, avenue, parkway,
square, sidewalk, footpath, place, bridge, viaduct or trestle, designed and intended for,
or used by the general public for the passage of vehicles and pedestrians and includes
the area between the lateral property lines thereof; and shall include unopened
Highways.
"Inspection" means, any inspection conducted by the Township in respect to any
permit issued, permit to be issued or permit that should have been issued in accordance
with the Road Occupancy By-law whether or not a fee for any such inspection was paid
for by the Applicant".
"Obstruct(ion)" means includes encumber, damage, foul or alteration.
"Occupant" means a lease, tenant, mortgagee in possession or any other person who
appears to have care and control of any property.
"Officer" means a Municipal Law Enforcement Officer, Provincial Offences Officer,
Police Officer, Municipal Inspector or any other duly appointed person.
"Owner" means the assessed Owner(s) as identified on the Assessment Roll for
Taxation Purposes during the current year, as amended.
"Person" means an individual human being, his/her personal agent, heir, successors
and assigns, and shall include a corporation with or without share capital.
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"Road Cut" means 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.
"Road Occupancy Permit" means an authorization granted in writing by the Director
pursuant the Road Occupancy By-law.
"Roadway" means the part of a Highway that is improved, designed and ordinarily
used for vehicular traffic, but does not include the curb, shoulder or boulevard.
"Security" means 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" means the sinking of the surface of a road cut in relation to the
grade of the adjacent undisturbed Highway.
"Township" means The Corporation of the Township of Oro-Medonte.
"Temporary" means intended to be used for a limited amount of time.
"Township Standards" means 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).
"Work" means the work described in the application for a Road Occupancy Permit or in
the Road Occupancy Permit.
1.0 Application
1.1 This By-law shall apply to all Highways under the jurisdiction of and located
within the geographical boundaries of the Township.
2.0 Exemptions
2.1 The Director may grant an exemption to any person from any provision of this
By-law and impose conditions for such exemption as may be considered
reasonable and necessary provided such exemption does not interfere with the
general integrity of this By-law.
2.2 A 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;
2.3 Road Occupancy Permits shall not be required for Special Events which have
been issued a Special Event Permit in accordance with the Township's Special
Event By-law.
3.0 Application for road occupancy permits
3.1 Every person seeking to occupy or temporarily close any Highway or right of way
within the Township shall complete and submit an application to the Township
not less than ten (10) working days in advance of an activity. When applying for
a permit, the Applicant shall;
i) Complete and submit the prescribed form;
ii) Include a sketch showing the proposed work area and the
proposed location of any signs, barricades or other barriers;
i) Pay a non-refundable permit fee as set out in the Township's Fees
and Charges By-law;
iii) Proof of insurance as described in section 4.0;
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iv) Satisfactory proof that the Applicant is at least 18 years of age or, if
the Applicant is a Corporation, copies of the letters of incorporation or
other incorporating documents that have been duly certified by the proper
authorities and that show the full corporate name, officers, and directors of
the Applicant;
v) Any other information or documentation that the Director deems
necessary.
3.2 Without limiting the generality of clause 3.1 (vi), the Director may require an
Applicant to submit a traffic safety plan for the control of traffic and parking,
including all vehicular, pedestrian and cyclist movements to, from and within the
work area and additional insurance as described in section 4.0.
3.3 Receipt of the application and/or permit fee by the Township shall not represent
approval of the application for the issuance of the Permit nor shall it obligate the
Township to issue a such Permit.
3.4 The issuance of a Permit under this By-law does not relieve any person from the
necessity of acquiring any other license or permit or complying with any other
applicable laws, By-laws regulations and requirements of the Township or other
authorities having jurisdiction.
3.5 The Director may require the Applicant to provide a refundable deposit and or
security for possible damage to Municipal property or equipment, possible
damage to adjacent private property, cleanup costs, and all other obligations of
the permit holder under this By-law and permit.
4.0 Insurance
4.1 Every Applicant for a Road Occupancy Permit shall provide and maintain
Comprehensive General Liability insurance acceptable to the Township of Oro-
Medonte and subject to limits of not less than five million dollars ($5,000,000)
inclusive per occurrence for bodily injury death and damage to property including
loss of use thereof. Such Comprehensive General
Liability insurance policy shall be in the name of the Applicant and shall name the
Township as an additional insured. The insurance policy shall remain in place
until all warranty requirements are fulfilled.
4.2 All insurance shall contain the endorsement to provide the Township of Oro-
Medonte with 30 days prior written notice of any cancellation or change.
4.3 The Director may vary the monetary limits and coverage requirements as set out
in in Section 4.1.
5.0 Indemnification
5.1 The Permit Holder shall indemnify and hold harmless the Township, their elected
officials, agents, officers, and employees from and against all claims, demands,
losses, expenses, costs, damages, actions, suits or proceedings by third parties,
hereinafter called "claims", directly or indirectly arising or alleged to arise out of
the Road Occupancy Permit or failure to perform the conditions of occupancy,
provided such claims are:
i) attributable to bodily injury, disease, or death, or to damage to or
destruction of tangible property;
ii) caused by negligent acts or omissions of the permit holder or anyone
whose acts the permit holders may be liable.
5.2 The Permit Holder shall indemnify and hold harmless the Township of from all
and every claim for damages, royalties or fees for the infringement of any
patented invention or copyright occasioned by the Permit Holder in connection
with the Road Occupancy Permit or material furnished by the permit holder.
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6.0 Road Work
6.1 General Requirements
6.1.1 The Permit Holder shall open a Road Cut in such a manner as to do the least
possible damage to the Highway and to any utility or municipal service.
6.1.2 The work shall proceed expeditiously and no Permit Holder shall allow a Road
Cut to remain open unless the work is actively in progress.
6.1.3 The site shall be kept clean and safe and sources of dust and mud controlled at
all times until the final reinstatement has been completed. All dust and mud
nuisance that is tracked from the site shall be promptly cleaned.
6.1.4 The Permit Holder and contractor shall comply with and be bound by the
provisions of the Occupational Health and Safety Act, RSO 1990, C.0.1 as
amended.
6.1.5 All persons employing or using trucks or other vehicles entering or leaving
construction sites for any purpose whatsoever shall immediately remove from the
Highway any rubbish earth or other material which has fallen from such vehicles.
6.2 Excavated Material and Road Cut Methods
6.2.1 Except as permitted by the Director, where multiple road cuts are required, it
maybe required that the Permit Holder reinstate the Road Cuts and resurface the
Roadway for the entire distance between the outer edges of each Road Cut;
6.2.2 Where a Road Cut is made in any concrete surface, the Permit Holder shall
breakout and remove all concrete, to the nearest expansion joint or contraction
joint using a concrete saw if necessary.
6.2.3 Where a Road Cut is made in asphalt pavement, the asphalt shall be cut
with a mechanical cut device to produce:
i) a rectangular opening with edges which are vertically straight; and
ii) a cut which is large enough to accommodate the proposed works without
undermining the adjacent asphalt pavement.
6.2.4 Where boring directional drilling, jacking or tunneling is used for any
subsurface Road Cut:
i) the method used shall be approved by the Director; and
ii) if a cave-in settlement or heaving results therefrom, the surface in the
affected area shall be removed and reinstated by the Permit Holder in
accordance with this By-law to the satisfaction of the Township.
6.3 Reinstatement of Highway
6.3.1 The Permit Holder shall be responsible for:
i) the temporary and permanent reinstatement of a Road Cut subject
to the provisions of this By-law;
ii) the maintenance of temporary reinstatements as provided for in this
By-law on every Road Cut which on or after November 15th in any
year is not in a condition to be permanently reinstated and is
carried over for permanent reinstatement prior to May 31 st of the
following year.
6.3.2 A Highway shall be reinstated with:
i) Materials and specifications meeting Township standards with
ii) accompanying geotechnical information/verification where required by the
Director;
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6.3.3. Temporary surfacing of a Roadway with asphalt, concrete, or surface treatment
shall meet the following requirements:
i) the Road Cut shall be temporarily reinstated immediately after
backfilling is completed;
ii) the reinstatement shall be to the same level as the adjacent
surface;
iii) prior to the Highway being opened to traffic the Road Cut shall be
surfaced with hot mix asphalt, concrete, or if hot mix asphalt is
available with high performance emulsified cold mix asphaltic all hand
tamped or rolled to a smooth flat condition; and
iv) all reinstatement activity shall be to the satisfaction of the
Township.
6.4 Pavement degradation fees
6.4.1 Every Permit Holder that performs a cut in the Roadway shall be subject to pay
the pavement degradation fees as set out in the Township's Fees and Charges
By-law.
6.4.2 Any person or corporation who completes a cut in the Roadway without a Road
Occupancy Permit or fails to identify the road cut through the permit application
process shall be liable for fees as assessed by the Township representative on
site;
6.4.3 Outstanding or unpaid fees shall be paid to the Township prior to any further
Road Occupancy Permits being granted by the Director.
6.5 Completion of work
6.5.1 Upon completion of the temporary surfacing or permanent reinstatement of the
Road Cut, all excess material shall be removed from the area of the Road Cut
and the area shall be left in a safe neat and clean condition similar to the
condition of the Highway area adjacent to the Road Cut, all to the satisfaction of
the Township.
6.6 Trenchless Installations
6.6.1 Where the work being undertaken uses trenchless installation methods
preservation and protection of existing facilities shall be according to OPSS 491;
6.6.2 Minimum horizontal and vertical clearances to existing facilities, as specified in
OPSS, shall be maintained. Clearances shall be measured from the nearest
edge of the largest back reamer required to the nearest edge of the facility being
paralleled or crossed;
6.6.3 Existing underground facilities shall be exposed to verify its horizontal and
vertical locations when the bore path comes within 10 metre horizontally or
vertically of the existing facility. Existing facilities shall be exposed by non
destructive methods. The number of pilot holes required to monitor work
progress and the proposed location of such pilot holes must be clearly depicted
on the application drawing. All pilot holes and any other damage to the Highway
infrastructure shall be restored as per the requirements of this By-law.
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7.0 Road Cut Failures and Warranty Periods
7.1 Warranty Periods
7.1.1 For temporary reinstatement of the Highway, a Permit Holder is responsible for
the repairs necessary to correct any Road Cut considered under the Ontario
Minimum Maintenance Standards for Municipal Highway, Township Standards
and OPSS, as applicable.
7.1.2 Following permanent reinstatement of the Highway, a Permit Holder is
responsible for the repairs necessary to correct any settlement or surface
deterioration for a warranty period of twelve (12) months following the date of
final reinstatement of the Highway, being the last time the Permit Holder repaired
the Road Cut.
7.1.3 If the Permit Holder has not done the work referred to in section 7.1.1 within
twenty four 24 hours of notification, the Director may order the work to be done at
the Permit Holder's expense. All costs incurred by the Township shall be paid by
the Permit Holder forthwith on demand.
7.2 Emergency Repairs
7.2.1 If the Director is of the opinion that a Road Cut reinstatement, or lack of
Reinstatement, has created an emergency situation which can cause damage to
vehicles or endanger the public, the Director may protect the area and:
i) Make immediate repairs; or
ii) Contact the Permit Holder and advise as to the repair work which must
be carried out;
iii) All work done by the Township pursuant to section 7.2 hereof shall be at
the expense of the Permit Holder and the costs of the Township shall be
paid by the Permit Holder.
8.0 Prohibitions / General Provisions
8.1 No person shall alter, obstruct or damage, close or cause or permit the use,
alteration, obstruction or damage of any Highway or part thereof without first
having obtained a Road Occupancy Permit.
8.2 No person shall undertake construction, maintenance or installation of facilities,
utilities, or other chattels on a Highway or parts thereof without obtaining a Road
Occupancy Permit.
8.3 No person shall undertake construction or maintenance on land abutting on a
Highway which may affect the drainage of the Highway without first having
obtained a Road Occupancy Permit.
8.4 No person shall fail to comply with a Notice of Obstruction or an Order Issued
pursuant to this By-law.
8.5 No person shall, without lawful authority use a Highway or right of way that is
closed to any traffic while it is protected. Every person who uses a Highway
closed under the By-law does so at their own risk and the Township is not liable
for any damage sustained by a person using a Highway so closed.
8.6 No person shall remove or deface any barricade, device, detour sign or notice
placed by lawful authority.
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8.7 Without limiting the generality of subsection 8.1, no person shall alter,
obstruct or damage, or cause or permit the use, alteration, obstruction or
damage of any Highway by any of the following:
i) the depositing, throwing, spilling or tracking or cause or permit the
depositing, throwing, spilling or tracking of any material, waste or soil onto
any Highway;
ii) the depositing of snow or ice on travelled portion of the Highway or onto a
Highway not contiguous with the property from the snow was moved from;
iii) the placement of any snow or ice, or any materials or equipment, or any
structures within 1.2m, in any direction of a fire hydrant;
iv) the placement of leaves, grass clippings, and debris from private property
to any portions of the Highway;
v) the altering of the grade on any part of the Highway unless the person
without having obtained a Road Occupancy Permit, pursuant to this By-
law;
vi) the parking of equipment, motorized equipment other than motorized
equipment permitted and licensed under the regulations of the Ministry of
Transportation of Ontario, containers, trailers, or any landscape or
construction material on a Highway without having obtained a Road
Occupancy Permit;
vii) the cutting, altering, extending, in any manner whatsoever of a concrete
curb, open or contained culvert, culvert overpass, or similar structure or
landscape without having obtained a Road Occupancy Permit;
viii) the allowance of a crane boom or any portion of a stationary tower crane
to travel over, hoist, or otherwise occupy the space above a Highway or
any part thereof without having obtained a Road Occupancy Permit;
ix) the excavation or damage to any portion of a Highway, including sod,
trees, light poles, street signs or other objects within the Highway without
having obtained a Road Occupancy Permit;
x) the placement of donation or electronic recycling bins on a Highway;
A) the placing or depositing of sporting equipment, including but not limited to
basketball nets, skateboard ramps and bicycle ramps, on a Highway;
xii) the placement or alteration of any street furniture on a Highway without
having obtained a Road Occupancy Permit;
xiii) the installation and/or discharge of irrigation systems onto a sidewalk or
the travelled portion of a Highway;
xiv) occupy a Highway for the purpose of the sale, or offering to sale, of any
goods and services, including the sale of event tickets (hawker peddler);
xv) creating or establishing vehicle or trailer access to property without first
having obtained an entrance permit; and
xvi) the construction, installation, or placement any tree, landscaping,
irrigation, fence, post, light post, rock(s) /decorative wall and the
installation of electrical wiring on or over any Highway.
8.8 This By-law shall be read in conjunction with the Township's Entrance By-law.
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9.0 Review, Approval and Refusal
9.1 The Director is authorized to receive and consider all applications, and to
conduct all investigations necessary to determine whether a permit should be
issued.
9.2 The Director shall have the authority to approve, refuse, administer and/or revoke
all Road Occupancy Permits, and may include any conditions in a permit that
he/she deems appropriate.
9.3 The Director shall have the authority to determine and from time to time amend
the forms, information, and special conditions required in the administration of
this By-law.
9.4 Prior to making a decision on any application, the Director shall consult with such
other persons or agencies as he/she considers necessary.
9.5 When reviewing an application, the Director shall consider:
i) any potential adverse effect on public health and safety;
ii) any potential inconvenience to the public;
iii) any potential traffic impacts, including the adequacy of detour routes;
iv) any concerns for the security of persons or property; and
v) the past or present conduct of the Applicant affords reasonable
grounds to believe the construction, maintenance or other works may
not be adequately managed in accordance with this By-law.
9.6 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.
9.7 When the Applicant is requesting multiple road cuts, the Director reserves the
right to issue a single permit or multiple permits for the works;
9.8 When authorized, a Road Occupancy Permit is valid for sixty (60) calendar days
from the date of issue.
9.9 Without limiting the generality of section 9.2, the Director may refuse to issue a
permit, if:
i) the Applicant has not provided information or documentation required or
did not provide such information or documentation within the specified
time frame;
ii) the Applicant has not provided the fees, securities and/or insurance
required;
iii) the Applicant has submitted false, mistaken, incorrect or misleading
information in support of the application;
iv) the Applicant or any Principal, Director, or Officer of the Applicant has an
outstanding debt to the Township, or;
vi) the requested temporary occupancy poses an unacceptable level of
risk to the factors outlined in section 9.5.
9.10 The Director may revoke a permit at any time without prior notice to the permit
holder if:
i) it was issued in error;
ii) it was issued as a result false, mistaken, incorrect or misleading
information in the application;
iii) there are reasonable grounds to believe that the continuation of the
temporary occupancy or closure poses a risk to the factors outlined in
section 9.5.
iv) the permit holder is not in compliance with any permit condition.
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9.11 Any Applicant who has been refused a permit, has had permit revoked or who
objects to conditions imposed may appeal to Council and the decision of Council
shall be considered final and binding on the Applicant.
9.12 Any person required to renew and or extend a Road Occupancy Permit
previously granted under this By-law, shall contact the Township requesting
renewal or extension of the Permit at a minimum 5 business days prior to Permit
expiry and provide any requested modified documentation as required by this By-
law or as deemed necessary by the Director. The Director reserves the right to
approve or deny requests for renewals or extensions of permits.
9.13 A copy of the Road Occupancy Permit must be on site at all times and available
for review upon request. Failure to have the permit on site may result in an Order
(section 13) Offence (section 14).
10.0 Conditions
10.1 Notice requirements for road occupancy
10.1.1 Where the work is of a major nature or duration and will cause general
inconvenience to all the residents and businesses located beside or near the
Highway where the work will occur every Permit Holder or person responsible for
the road activity shall at least ten 10 working days prior to commencing the work,
provide in writing, to every resident and business located beside or near the
Highway where the work will occur the following information:
i) description and rationale for the work
ii) the approximate start date
iii) the duration of the work
iv) access restrictions and service interruptions and
v) contact information for the Permit Holder
10.2 Locates
10.2.1 It shall be the sole responsibility of the Permit Holder to request from the
appropriate Utility Company marking or other location information to determine
the location and to provide safeguards for all utilities. Should the Permit Holder in
carrying out the work granted under the Road Occupancy Permit cause damage
to any such utilities the entire cost and responsibility of restoring any such utilities
shall be at the sole expense of the Permit Holder.
10.3 Traffic Control, Notifications, Devices, Signs and Closures
10.3.1 The Permit Holder shall supply, erect and maintain warning devices barricades
and traffic signs where applicable in accordance with the Occupational Health
and Safety Act, RSO 1990, C.0.1 as amended, and any applicable provincial
traffic regulations including but not limited to the Ministry of Transportation
Ontario Traffic Manual Book 7 Temporary Conditions.
10.3.2 If the Permit Holder fails to comply with subsection 10.3.1 hereof, the Director
may order the erection and maintenance of any warning devices barricades and
signs considered necessary at the Permit Holder expense and charge back such
expenses to the Permit Holder.
10.3.3 No Permit Holder shall close a Highway to traffic or one direction of traffic on a
Highway unless:
i) the written consent of the Director for the closing is obtained; and
ii) Written notifications have been made to OPP, Fire and Emergency
Services Ambulance Service and any other person, department or agent
requiring notice from time to time affected by the occupancy for the
commencement and duration of the activity as directed by the Director.
The permit holder shall provide such proof to the Director, prior to the
closing of the highway.
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10.3.4 The Permit Holder is to supply and maintain appropriate signage and is
responsible for any and all costs associated with paid duty policing as required
by the Director.
10.4 Snow removal and de-icing
10.4.1 Where the Permit Holder's work impedes snow removal and de-icing by the
Township on areas where vehicular and pedestrian traffic are being
maintained as reasonably determined at the sole discretion of the Director, the
Permit Holder shall be responsible for providing ice and snow removal services
within the limits of the work site. Such areas shall be cleared of ice and snow to
the satisfaction of the Director;
10.4.2 Should the Permit Holder fail to complete the required snow removal services
and de-icing within the set deadlines, the Director without any notice to the
Permit Holder may arrange for the snow and ice to be removed by others. All
costs incurred by such removal shall be charged to the Permit Holder.
10.5 Site Conditions
10.5.1 The Permit Holder is responsible for maintaining the work site and surrounding
area free of dust and mud The Permit Holder shall clean the road and sidewalks
as required to the satisfaction of the Director;
10.5.2 The Permit Holder shall immediately notify the Director of any alteration,
breaking, or disturbance of existing highway condition or if the work undertaken
deviated from that set out in the approved permit. The applicant shall undertake a
temporary repair and be responsible for all costs associated with the work as set
out herein.
10.5.3 The Permit Holder 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 the
completion of the permitted works and conducted in accordance with the
Township's Noise By-law.
10.5.4 The Permit Holder shall keep the site and work in a tidy condition as
practical and to the satisfaction of the Township. The Permit Holder shall not
deposit any material on any portion of street, sidewalk, boulevard, grass, plot or
other Township property without the permission of the Director and shall remove
the same without delay when and as directed by the Director. Upon completion of
the work, the Permit Holder shall remove all surplus materials as well as any
rubbish accumulated on account of the work, make good any defects or damage
and shall leave the site in a condition satisfactory to the Township;
10.5.5 Should the Permit Holder fail to comply with this requirement and maintain the
street in a satisfactory condition the Director without further notice may issue an
Order, cancel the Road Occupancy Permit, charge the Permit Holder under
applicable By-laws and/or arrange for the site to be cleaned immediately by
others. All costs incurred in cleaning the dust and mud resulting from the Permit
Holder's work shall be charged to the Permit Holder.
10.6 Transferability
10.6.1 A Road Occupancy Permit is not transferable without the written consent of the
Director.
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11.0 Utility Companies
11.1 Service Drops
11.1.1 Temporary service drops shall be permitted as a temporary means to supply
servicing to a resident with the permanent service being installed at a future date.
Installation of cables shall be performed in a manner that ensures the safety of
residents, pedestrians and vehicles and placed with due regard for aesthetics.
Cables shall be installed in a manner that does not create a trip hazard.
11. 1.2 Cables shall not cross sidewalks driveways or walking paths along the surface.
When crossing a road, sidewalk, driveway or walking path the height of the cable
shall be no less than 5 metres.
11. 1.3 Cables shall not lie unprotected on the ground at any location.
11. 1.4 Cables shall not be strung using trees.
11. 1.5 The Permit Holder shall make its best effort to install the permanent service as
soon as possible. In the winter or early spring frost conditions may delay the
permanent installation, however; in general, temporary service drops shall be
removed within 30 days.
11.1.6 Immediately upon installation of the permanent service regardless of whether or
not restoration has been completed all materials and equipment associated with
the temporary service drop shall be removed from the site.
12.0 Inspections
12.1 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 Road Occupancy Permit are being
complied with.
13.0 Order
13.1 If after inspection, the Director or an Officer is satisfied that a contravention of
this By-law has occurred, the Director/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:
i) the municipal address and the legal description of the land;
ii) reasonable particulars of the contravention;
iii) the period of time within which there must be compliance.
13.2 The Director/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:
i) to cease all work;
ii) to restore/repair any damages caused;
iii) to do all work necessary to eliminate any hazards resulting from the
work that has occurred.
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iv) to be responsible for all cost associated with the remedial work, such cost
will be withdrawn from any securities provided by the Permit Holder. In the
event the cost to repair damages exceeds the deposit and/or securities,
the permit holder shall be responsible for the full amount of damages
incurred to any Highway and the Township shall have the right to recover
any expenses incurred in the same manner as taxes.
13.3 Where any person has contravened any provision of this By-law, the
Township may, without notice, effect compliance and the expense of doing so
may be recovered by adding the expenses to the tax roll for such property and
collect them in the same manner as taxes.
14.0 Offences
14.1 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.
14.2 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.
14.3 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.
15.0 Severability
15.1 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.
16.0 Miscellaneous
16.1 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.
16. 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 make.
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