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99-2 COUNTY OF ELGIN By-Law No. 99-2 BEING A BY-LAW TO REGULATE THE CONSTRUCTION OR ALTERATION OF ANY ENTRANCEWAYS, PRIVATE ROADS OR ACCESS TO A COUNTY ROAD' WHEREAS it is deemed necessary and desirable to regulate the construction and alteration of entranceways, private roads or other facilities that permit access to County roads and WHEREAS Section 63, Subsection 1 (c) and (d) of the Public Transportation and Highway Improvement Act, being Chapter P.50, RS.O. 1990, as amended, 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 private road, entranceway, gate or other structure or facility that permits access to a road; and WHEREAS Section 63, Subsection 2 of the Public Transportation and Highway Improvement Act, being Chapter P,50, RS,O, 1990, as amended, provides that a by-law passed for this purpose may provide for the issuing 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. Elgin enacts as the Municipal Council of the Corporation of NOW THEREFORE fOllows: this by-law; THAT in 1 the Council of the Corporation of the County of Elgin "County road" shall mean all roads included in the County of Elgin road system as defined in the Corporation of the County of Elgin by-law "Adopting a Plan of County Road Improvement and Establishing a County Road System" and any amendments thereto. mean sha I "Counci (a) (b) 2. THAT no person shall construct or alter or cause to be constructed or altered any private road, 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 an access permit may be issued by the County of Elgin Road Superintendent or designate in accordance with the standards, policies and fees set out in Schedule "A" of this by-law. 4, 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 Schedule "A" of this by-law and shall further comply with all terms and conditions attached to any access permit issued thereunder. 5. THAT all costs associated with an access permit and construction of the entrance access in accordance with the terms of the permit shall be the responsibility of the applicant. 2 6, THAT the access permit shall be in the form set out in Schedule "A" attached hereto and forming part of this by-law and that the permit, where necessary, shall include the terms and conditions for the construction of the said entrance or access as required by the authorized officer issuing the said permit. 7 THAT every person who contravenes any provision of this by-law shall upon conviction be liable to payment of a fine, as set out in Schedule "A", exclusive of costs and every such penalty shall be recoverable under the provisions of the Provincial Offences Act as amended from time to time remove any unauthorized be authorized to 8 THAT the County Road Superintendent access from the Road Allowance. the same are, hereby repealed the final passing this by-law shall come Into force and take effect upon THAT By-Laws No, 92-57 and 96-45 be, and 10. THAT thereof, 9. 1999 1999, RTëñ VanBrenk, Warden this 25th day of January, this 25th day of January Mark G. McDonald, County Administrator Clerk. time and finally passed time READ a first time and second third READ a No. Permit Schedule "A" By-Law No, 99-2 The Corporation of the County of Elgin Drive· St. Thomas, Ont. . N5R 5V1 Phone (519) 631-1460· Fax (519) 633-7661 . 450 Sunset ROAD OCCUPANCY PERMIT SECTION 1- GENERAL INFORMATION DATE OF APPLICATION APPLICANT CO NT ACT PERSON APPLICANT'S MAILING ADDRESS POSTAL CODE APPLICANT'S TELEPHONE FAX CONTRACTOR CONTACT PERSON CONTRACTOR'S ADDRESS CONTRACTOR'S TELEPHONE FAX SECTION 2 " LOCA TION AND DESCRIPTION OF WORK CIVIC ADDRESS AND ROAD NAME COUNTY ROAD NO. LOT CONCESSION MUNICIPALITY DESCRIPTION OF WORK SIDE OF ROAD (CIRCLE ONE) NORTH I SOUTH I EAST I WEST DISTANCE FROM ROAD CENTRELlNE PROPOSED START DATE ESTIMATED COMPLETION DATE "NOTE: A PLAN/SKETCH SHOWING THE LOCATION OF THE ABOVE DESCRIBED WORK ANDIOR SERVICE MUST ACCOMPANY THIS APPLICATION. ALL RELEVANT MEASUREMENTS AND DEPTH OF WORK WILL BE SHOWN. IF THIS PERMIT IS FOR THE PURPOSE OF CONSTRUCTING OR ALTERING AN ENTRANCE PLEASE DEFINE THE AREA SO THAT THE EXACT LOCATION MAY BE INSPECTED, (i.e, stakes at property line, paint on fence, etc.) PERMIT FEE IS WAIVED FOR; Lower Tier Muni¢1palitles, Utility Compames. exemptþerLeg¡slation and;':forthEl;p.LIrþo$'e:,orMul"'ltciþ~Ft)lã.íh$~ . ... . PleaseN$é.: PERMITI=EE: $100.00 ..'"."."...'"......"."........"..., .,-,.,-.,..,. ......".,._,....,.............._,. I have read, understand and agree to the conditions set forth on this application and assume all cost incurred by the County of Elgin, liability for all damages which may be Incurred and to indemnify and hold harmless the County of Elgin from any actions, claims, suits or demands made against the County by any person arising out of the issuance of this permit. (REFER TO CONDITIONS ON REVERSE) GENERAL CONDITIONS Permits will be honored for a period of one year from date of approval. If the work has not began after one year, the permit shall be null and void and the deposit but not the permit fee shall be returned to the Applicant. If the work has been completed but not to the satisfaction of the County under the conditions of this application, and a period of one year has passed from the date of approval, the County may elect to finish or restore the works with the Applicant's deposit without any prior notice. County roads will not be closed. Aminimum of one driving lane will always be open to traffic. All road cuts and trenches within 4 metres of any driving lane will be backfilled at each day's end. The Applicant shall maintain pedestrian access and vehicular access to all public and private properties. 2. When conditions or unforeseen difficulties require a longer period of completion than is Indicated on the permit, the Applicant shal notify the Manager of Engineering Services of the additional time required and the reason thereof. 3. All barricades, signs and signals required to direct or guide the motorist and/or pedestrian shall be erected and maintained by the Applicant in accordance with the MTO "Traffic Control Manual for Roadway Work Operations". All detour signing, when required shall be supplied, erected and maintained by the contractor at the expense of the Applicant. 4. Prior to the approval of the Roadway Occupancy Permit the contractor shall supply proof of liability insurance in the amount of $3,000,000.00 and such insurance name the Corporation of the County of Elgin as co-insured and state the County of Elgin is held harmless against any claims arising from the work proposed on this application. 5. When required, a security deposit shall be given to the County representing 100% of the cost to perform the necessary restoration. The Manager of Engineering Services shall set this deposit amount and his decision will be final. The Applicant will be responsible for any temporary and/or final restoration costs. The restoration shall be completed as per the direction of the Manager of Engineering Services. Upon completion of the final restoration the site will be inspected by the County of Elgin staff and if satisfied (interim acceptance) the security deposit will be returned within a 12 month period from the date of final inspection. 6. It is the responsibility of the Applicant not to damage any eXisting plant, survey markers of infrastructure Including drainage works. The Applicant will assume all costs and liabilities from such damage. Utility locates are the responsibility of the Applicant and this document will release the County of Elgin from all claims arising from the damage of any plant. 7. Excavated material shall not be piled in such a manner as to obstruct vehicular and/or pedestrian traffic at a minimum of four (4) meters from edge of pavement. All construction equipment and vehicles shall also maintain this "clear zone" when not in use. 8, Clay in the fluid state, frozen material, organic matter, silt or mud shall be excluded from the backfill. This may require that part or all of the excavated material be replaced by sand or crushed stone backfill. Native backfill will not be accepted within the top 1200 millimeters to the finished granular road grade. This material will consist of an approved Granular 'B' material compacted in layers of no more than one hundred fifty (150) millimeters for a depth of 900 millimeters and an approved Granular 'A' material compacted in layers of no more than one hundred (100) millimeters to the finished grade. If undue settlement occurs at a later date, an additional charge will be made for repairs. 9. 10. If, to carry out the work, it is necessary to alter, break or disturb any existing pavement, sidewalk, or curb and gutter, the Applicant will be responsible for temporarily and permanently restoring the site to its original condition. Material specifications shall be determined by the County of Elgin Engineering staff. If weather dictates the permanent restoration can not be accomplished, the Applicant shall temporarily repair any disturbed asphalt or concrete surfaces with a fifty (50) millimeter thickness of asphalt. Temporary and/or final repairs shall be to the satisfaction of the County of Elgin, at the expense of the Applicant. Every person who contravenes any provision of this permit under its By-Law shall upon conviction be liable to payment of a fine of not less than $500.00 for a first offence and $1000.00 for a second or succeeding offence plus costs incurred by the County of Elgin to complete the works, repair damages caused by the work and/or restore the area to the conditions set forth within this application. Every such penalty shall be recoverable under the provisions of the Provincial Offences Act as amended time to time. 11 be the CONDITIONS FOR ENTRANCEWAYS All costs associated with this permit and construction of the entrance in accordance with the terms of the permit wi responsibility of the Applicant. The County may restrict the placement of an access onto a County Road in the interest of public safety. It is the County's final decision in this determination. Influencing factors include: sight lines, stopping distance, traffic patterns, roadway design, drainage, proximity to intersections/railroads/structures, etc. 2. A refundable deposit is submitted along with this application's fee. The deposit shall be refunded to the Applicant upon acceptance·of the entranceway by the County of Elgin less any amounts expended to satisfy the conditions of this permit that were not met. A typical rural private entrance will require a deposit of $300.00. The County will set an appropriate deposit amount to cover the costs of materials and labour to complete the work to the requirements of this permit. 3. The County may limit the width or numbel Residences - 1 per property Farm Buildings - 1 per farm Farm Entrance - 1 per farm (more if natural obstructions within the field prevent reasonable access across the field) Commercial/Industrial - 2 per property (spaced at a minimum of 30 metres) limited to the following: be Entrance numbers wi accesses to a property. of 4, General Design Standards to be met under this application are as follows: a) Finished grade of the entrance must fall away from the edge of driving lane with a slope of no less than 2% b) Field, Farm or Residential Entrances shall be surfaced with at least 150mm of Granular 'A' and have a top width of 6 metres. c) Commercial/ Industrial Entrances shall be surfaced with hot-mix asphalt and shall be designed to accommodate vehicle 5. types. Culvert pipe lengths shall be long enough to produce a minimum 2 : 1 slope from the ditch invert to the surface of the entrance. Culvert pipe lengths will be a minimum of 12 metres. Open end culvert pipes shall be a minimum 375mm diameter. If a catch basin inlet is required under the special conditions, a diameter of pipe will be specified. Material for pipe culverts shall be high density polyethylene plastic storm sewer pipe manufactured by a CSA approved agent. d) e) Property owners having access to a County Road are fully responsible for the maintenance of the entranceway including removal of snow and ice and keeping the portion of the entrance within the Road in a safe condition for vehicular traffic. A culvert installed under the terms of this permit shall become the property of the County and all subsequent maintenance, repairs, alterations, etc. shall be the responsibility of the County, except where the culvert crosses a Municipal Drain and provisions of the Drainage Act take. precedence and maintenance becomes the Municipality's responsibility. 6. Curb and gutter, asphalt, sidewalks, drainage systems, erosion protection and/or other work may be specified by the County to be installed by the Applicant at the Applicant's expense in circumstances where existing conditions warrant continuity to existing features or require special attention. 7.