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92-57 COUNTY OF ELGIN 92-57 By-Law No. ANY "BEING A BY-LAW TO REGUL~TE THE CONSTRUCTION OR ALTERATION OF PRIVATE ROADS OR ACCESS TO A COUNTY ROAD" WHEREAS it is deemed necessary and desirable to regulate the construction and alteration of entrance ways , private roads or other facilities that permit access to County roads; and ENT~CEWAYS WHEREAS Subsection 1 (c) and (d) of section 63 of the Public Transportation and Highway Improvement Act, R.S.O. 1990, being Chapter P.50 and amendments thereto, provides that a county may, with respect to the roads under its jurisdiction and control, by by-law prohibit or regulate the construction or alteration of any private road, entranceway, gate or other structure or facility that permits access to a road; and any change in use of any pri- vate road, entranceway, gate or other structure or facility that permits access to a road; and WHEREAS Subsection 2 of section 63 of the Public Trans- portation and Highway Improvement Act, R.S.O. 1990, being Chapter P.50 and amendments thereto, provides that a by-law passed for this purpose may provide for the issuance of a permit for any of the Acts that may be regulated under this section and may prescribe the form, terms and conditions of the permit and the fees to be paid for it, and may prescribe penalties for contravention of the by-law; and WHEREAS the Council of the Corporation of the County of Elgin deems it expedient to control entranceways onto County roads and provide for the issuing of permits related thereto. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: ; "Council shall mean the Council of the Corporation of the County of Elgin; in this By-Law That a ( 1 "County road" shall mean all roads included in the County of Elgin road system as defined in By-Law No. 85-27 of the Corporation of the County of Elgin and any amendments to date made thereto and any amend- ments made thereto hereafter (b 2. That no person shall construct or alter or cause to be constructed or altered any private road, gate or other structure or facility that permits access to any County road, unless such access has been approved by an authorized officer as evidenced by the issuance of an access permit 3 That no person shall make or permit any change of use of any private road, entranceway, gate or other structure or facility that permits access to any county road, unless such access has been approved by an authorized officer as evidenced by the issuance of an access permit 4. That an access permit may be issued by the County of Elgin Road Superintendent or his designate in accordance with the standards, policies and fees set out in Schedule "B" of this By-Law. 5. That any such access constructed, altered, or the use of which has been changed, under the provisions of this By-Law shall conform to the standards and principles set out in the policies in Schedule "B" of this By-Law and shall further comply with all terms and conditions attached to any access permit issued hereunder. 2 6. That all costs associated with an access permit and con- struction of the entrance access in accordance with the terms of the permit will be the responsibility of the applicant. 7. That the access permit shall be in the form set out in Schedule "A" attached thereto and forming part of this By-Law and that the permit, where necessary, shall include the terms and con- ditions for the construction of the said entrance or access as required by the authorized officer issuing the said permit. 8. That every person who contravenes any provision of this By-Law shall upon conviction be liable to payment of a fine of not less that $500.00 for a first offence and $1,000.00 for a second or succeeding offence, exclusive of costs and every such penalty shall be recoverable under the provisions of the Provincial Offences Act as amended from time to time. 9. That the Road Superintendent be authorized to remove any unauthorized access from the Road Allowance. 10. That this By-Law shall come into force and take effect upon the final passing thereof. READ a first time this 18th day of November, 1992. READ a second time this 18th day of November, 1992. READ a third time and finally passed this 18th day of November, 1992 ~~ G. C. Leverton Clerk ("" '. I) T j'd;;);!"(~{:",v,l ¡~"'. ('"''''/< X~ 'j'>-'" i' ('A·'1 " ~ ¡1 J¿,S~""í"';!'.,X" ,"' F ':¡,y, Qt1';¡ . . /"\ ,..,.,,;, ..~,. ,. , . ~ (¡' \ \ SCHEDULE "A" By-Law No. 92-57 COUNTY OF ELGIN ENTRANCE PERMIT Authority is granted to of Owner/Applicant Address Postal Code Telephone No. to construct a entrance to serve Type *(See Definitions) Lot Concession Township of or Lot R.P. No. Town/village/Hamlet of on the side of Elgin County Road No. Reauirements for the Entrance: Top width m Surface Type Length of Pipe m Diameter of Pipe m Special Conditions: Fee Paid: $ Refundable Deposit $ Per: Date of Issue Road Superintendent County of Elgin PROVIDE A SKETCH SHOWING PROPOSED ENTRANCE AND EXISTING DETAILS AROUND PROPOSED ENTRANCEWAY WE, the undersigned applicant(s), agree and bind ourselves to indemnify and save harmless the County of Elgin from any and all claims arising as a result of the work for which this Permit is issued. Date of Application Signature of Applicant DEPOSIT 1$3000001 PERMIT FEE - 1$25.001 SCHEDULE "B By-Law No. 92-57 COUNTY OF ELGIN ENTRANCE POLICIES The County Road Department shall consider the following criteria when reviewing all applications for new entrances or alterations to entrances: (a) Protection of the public through the orderly control of traffic movements onto and from County roads. (b) Maintenance of the traffic carrying capacity of the County road network. (c) Protection of the public investment in County Road facilities. (d) Minimizing County expenditures on maintenance of private entranceways. (e) Providing legal access onto County roads from adjacent private property. * DEFINITIONS Field Entrance: Provides access to agricultural fields. Farm Entrance: Provides access to farm buildings and agricultural lands. Residential Entrance: Provides access to residential facilities of four units or less. Commercial/Industrial Provides access to a development where Entrance: goods are manufactured or sold to the pub- lic and includes residential facilities of five or more. Temporary Entrance: Provides access to properties for a limi- ted period not to exceed one year for the purpose of construction, repairs or improvement on that property or to facili- tate a staged development. LOCATION OF ACCESSES The County may restrict the placement of an access onto the County road in the interest of public safety. New accesses must be located so as to provide: (a) No undue interference with the safe movement of public traffic, pedestrians, or other users of the highway. (b) Favourable vision, grade, and alignment conditions for all traffic using the proposed access to the County road. In general, new entrances will not be permitted at the following locations: (a Along a lane which is identified for the purpose of an exclus- ive vehicular turning movement. (b In close proximity to intersections or railway crossings. (c Where the following minimum sight distance requirements are not met 2 Minimum Siqht Distance 135 metres 165 metres 180 metres 200 metres 210 metres Spßed Limit km/hr km/hr km/hr km/hr km/hr 50 60 70 80 90 Sight distance shall be measured from an eye height of 1.05 metres measured 3.0 metres from outer edge of the traffic lane to passenger car lights designated as 0.60 metres above the roadway surface. Note: DESIGN STANDARDS The finished surface of the access must drop away from the edge of the highway driving surface at a slope of not less than 2% to at least the edge of shoulder rounding. Entrance Grade Shall be surfaced with at least 150mm (6") pit run gravel (Granular 'B') and where a culvert is required its length must be sufficient to provide a 2:1 slope up from the ditch invert to an entrance width of 6.0 metres Field Entrance: Shall be surfaced with at least 150mm (6") crushed gravel (Granular 'A') and where a cul- vert is required its length must be sufficient to provide a 2:1 slope up from the ditch invert to an entrance width of 6.0 metres Farm or Residential Entrance: Shall be surfaced with hot-mix asphalt and where a culvert is required its length will be dictated by the entrance design which will be site specific having regard for number and type of vehicles expected to utilize the entrance. Commercial/ Industrial Entrance: No curb or headwall shall extend above the sur- face of the roadway shoulder within the limits of the shoulder and its rounding. All curbs and headwalls shall be constructed at the sole expense and risk of the applicant. Curbs and/or Headwalls: Property owners having access to a County road are fully responsible for the maintenance of the access including the removal of snow and ice and keeping the portion of the access within the highway in a safe condition for vehicular traffic Maintenance of Entrances: A culvert installed under the terms of the access permit shall become the property of the County upon acceptance of the work and all subsequent maintenance, repairs, alterations, etc., shall be the responsibility of the County, except where the culvert crosses a municipal drain in which case the maintenance will be the responsibility of the municipality with costs shared in accord- ance with the Municipal/Drainage By-Law. Where curb and gutter exists at the location of the proposed entrance, the applicant will be required to construct a curb cut at the entrance location if required. The existing curb shall be removed and replaced using material acceptable to the County Road Superintendent or altered in accordance with the Road Superintendent's require- ments. The area between the curb and sidewalk is to be paved with hot-mix asphalt, concrete or pav- ing stones, in accordance with the Road Superin- tendent's requirements. If there is no sidewalk, the entrance is to be paved a distance of two (2) metres behind the curb. Curb and Gutter: 3 NUMBER AND WIDTH OF ACCESSES (a) It will be the policy of the County Road Department to limit the width of accesses to discourage the construction of entrances wider than that required for the safe and reasonable use of the entrance. (b) The number of accesses to a property shall be limited to the number required for the safe and reasonable access to the County road and in general conformity with the following: * Residences - One per property. * Farm Buildings - One per farm. * Farm Entrance - Minimum one field entrance per farm with additional field entrances where natural obstruc- tions within the field prevent reasonable access across the field. * Commercial/Industrial - Two with a minimum spacing of Entrances 30 metres between entrances. REFUNDABLE DEPOSIT A refundable deposit in the amount of $300.00 shall be collected prior to issuance of the permit. This deposit shall be refunded to the applicant upon acceptance of the entrance by the Road Superin- tendent less any amounts expended to bring the entrance up to County standards. PERMIT FEE A fee in the amount of $25.00 shall be collected prior to issuance of the permit. CANCELLATION OF PERMIT Where the entrance has not been constructed and accepted by the County within one year of the date of the permit, then the permit shall be null and void, and the deposit but not the permit fee, shall be returned.