2324-1997 Regulate the Infilling of Road Ditches
BEING A BY-LAW TO REGULATE THE INFILLING OF ROAD DITCHES
Passed by Council January 7, 1997
AMENDED March 11, 2024 by By-Law 3696-2024
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 2324
A BY-LAW TO REGULATE THE INFILLING OF ROAD DITCHES
WHEREAS The Municipal Act R.S.O. 1990 Chapter M.45, Section 308
provides that municipalities may pass by-laws regulating the
construction, maintenance and protection of boulevards;
AND WHEREAS the Council of the Corporation of the Township of
Augusta deems it advisable to pass a by-law to regulate and to
establish requirements and regulations regarding the infilling of
road ditches in the Township.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF TUE TOWNSHIP OF
AUGUSTA ENACTS AS FOLLOWS:
1. DEFINITIONS
a) “boulevard” shall mean all parts of the highway save and
except any roadway, shoulder or sidewalk and to include a
roadside ditch.
b) “corporation” shall mean The Corporation of the Township
of Augusta
c) “ditch infilling” shall mean the filling of a road ditch
by installing a storm sewer system on a Local Improvement
basis.
d) “property owner” shall mean the owner of a property, a
successor of the owner or agent of the owner.
e) “roadway” shall mean the same as boulevard but shall
include the travelled portion of the road.
f) “shoulder” shall mean the part of a highway immediately
adjacent to the travelled portion of the roadway and
having a surface which has been improved for the use of
vehicles with asphalt, concrete and gravel.
g) “township engineer” shall mean any person or company
designated by The Corporation as the Township Engineer.
h) “Road Superintendent” shall mean the Road Superintendent
or his delegate of the Corporation.
i) “work” shall mean the installation of buried conduit
in accordance with Schedule ‘A’.
2. No person shall infill any ditch in the Township of Augusta
without first having obtained a permit to do so.
3. SITE SPECIFIC LOCATION DITCH INFILLING
a) A roadside ditch may be infilled at a site specific
location, in accordance with the specifications outlined
in Schedule “A” attached, where circumstances of safety
and liability exposure prevail.
b) A property owner, requesting site specific ditch
infilling, shall complete an Application for the approval
of the Road Superintendent.
c) There shall be a non—refundable application fee of $100.00
to cover the costs of the Township’s inspections services
during construction of the work.
d) The applicant shall, when requested provide such surveys,
designs and other information as may reasonably be
required by the Road Superintendent.
e) The application may not be approved by the Road
Superintendent who in his sole discretion may deem it to
be in the best interest of the Township to not complete
the work.
f) Upon approval of the Application the work shall be
completed by an approved Contractor, as listed in Schedule
‘B’ (attached), retained by the property owner who shall
be responsible for all costs. All work shall be completed
within the hours of 7:30 a.m. to 6:00 p.m. Monday to
Friday inclusive.
g) Work within the public road allowance that is not properly
completed may be removed by the Township in it’s sole
discretion.
4. OFFENCES AND PENALTIES:
a) Any person who contravenes any of the provisions of this
by—law is guilty of an offence and upon conviction is
liable to a fine as provided for in Section 62 of the
Provincial Offences Act.
b) Notwithstanding any other penalty which may apply,
whenever a person fails to do anything or matter required
to be done pursuant to this by-law the Road Superintendent
may arrange to have such thing or matter done at the
expense of the person and the Corporation may recover the
expense incurred by action, or the same may be recovered
in like manner as municipal taxes.
5. EFFECTIVE DATE:
This By-law shall come into force and take effect on the day
of it’s final passing.
Read a first time this 7th day of January, 1997.
Read a second time this 7th day of January, 1997.
Read a third time and passed this 7th day of January, 1997.
Signed by Reeve Adrian VanSchie and the Administrator, Clerk/Treasurer
SCHEDULE ‘A’
SPECIFICATIONS FOR INSTALLATION OF DITCH INFILLING:
1. All infill culvert piping shall be new perforated corrugated
steel pipe (C.S..P.) or 320 kpa polyethylene, minimum diameter
of 450 millimetres and supplied with geotextile sock.
2. Manhole catchbasin to be concrete 600 millimetres square
inside diameter minimum, with a 300 millimetre sump, having
a standard frame and grate cover (O.P. S.D. -400.02).
3. The distance between catchbasin openings shall be 30 metres
maximum. There shall be a catchbasin placed.
4. Drainage swale to be graded, to outlet, into the catchbasin
or pipe opening at 0.5% minimum.
5. Rip rap or shoring of pipe end to be carried out by property
owner.
6. All disturbed areas to be topsoiled and seeded or sodded.
7. Bottom of swale to be 150 millimetres below the lowest edge
of the drainage swale.
8. Trench to be backfilled with clear stone level with top of
pipe.
9. Minimum depth of roadside ditch in an area to be infilled
should be 1 metre below the lowest of either the shoulder of
the road or the lot at the property line.
10. Maximum slope of either the road sideslope or the property
side ditch backslope shall be 2:1 measured from edge to
ditch to centreline of ditch.
11. Buried utility locates are the responsibility of the
property owner and their Contractor.
12. All material and work to be guaranteed for 12 months.
SCHEDULE ‘B’
APPROVED CONTRACTORS
STEVE POLITE SAND & GRAVEL
KEN MILLER EXCAVATING
G. TACKABERRY & SON
KNAPP’S PAVING & LANDSCAPING
