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3177-2015 Regulate Installation of Entrance Ways

3177-2015 Regulate Installation of Entrance Ways By-Law

BEING A BY-LAW TO REGULATE THE INSTALLATION OF ENTRANCE WAYS

Passed by Council July 13, 2015

For more information on entrance ways including the application, visit our Public Works page.


THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3177-2015
BEING A BY-LAW TO REGULATE THE INSTALLATION OF ENTRANCE WAYS

 

WHEREAS Section 207, Subsection 17, Chapter M45 of the Municipal Act R.S.O. 1990,
and amendments thereto, provides that the councils of all municipalities may pass bylaws
prohibiting the obstructions of any drain or watercourses, and for permitting and
regulating the size and mode of construction of culverts and bridges that cross any drain
or water course situated on a highway under its jurisdiction.

AND WHEREAS it is deemed expedient to regulate the installation of entrance ways
over ditches and watercourses upon any public highway forming part of the Township
Road System of the Corporation of the Township of Augusta;

THEREFORE THE COUNCIL OF THE TOWNSHIP OF AUGUSTA ENACTS AS
FOLLOWS:

1. That the Policy to Regulate the Installation of Entrance Ways attached hereto as
Schedule A and forming part of this by-law be approved.
2. This by-law shall come into full force and effect on the day that it is passed.
3. That all other by-laws or policies inconsistent herewith are hereby repealed.
4. That By-Law Number 2326 is hereby repealed.

Read a first time this 13 day of July, 2015.

Read a second time this 13 day of July, 2015.

Read a third time this 13 day of July, 2015.

Signed by the Mayor & the Clerk

SCHEDULE A

PURPOSE

The intent of this Policy is to provide a guideline for the Public Works Department when
considering applications for new entrances or alterations to entrances onto municipal
roads.

POLICY STATEMENT

All entrances are under the control of the municipality and it is considered advisable to
control the construction of entrances from adjacent private property onto Township
roads.

All entrances shall conform to this policy in order to protect the public interest and
provide orderly traffic movement onto and from municipal roads

DEFINITIONS

Corporation shall mean the Corporation of the Township of Augusta.

Entrance Way shall mean the part of municipal road allowance used to gain access to
private property and includes any driveway, private road, entrance or other structure or
facility constructed or used as a means of access to a municipal Road, and includes the
tiling and covering or filling in of a roadside ditch for the purpose of improving a lawn or
other frontage.

POLICY REQUIREMENTS

1. No person shall construct an entrance way without obtaining a permit from the
Corporation. The permit fee shall be $100.00. The location of the entrance way must be
approved by the Public Works Manager (or delegate) to ensure maximum safety and free
flow of traffic, and to minimize the possibility of interference with the road.

2. A building permit will not be issued, nor work commenced, until the owner has obtained
an entrance way permit in accordance with the fees and installation costs as per Appendix
A as calculated by the Township Public Works Manager or designate. If the culvert pipe
required, as determined by the Township Public Works Manager, is larger in diameter than
450 mm, or more than 6 metres in length, or is located where more than usual amount of fill
is required, the owner shall remit in advance an amount determined by the Township Public
Works Manager to cover the additional cost to the Corporation for the extra material and
work involved.

4. All fees payable under this by-law shall be made in advance to the Township of
Augusta.

5. The diameter, gauge, length and type of culvert used shall be determined by the
Township Public Works Manager, but in no case shall the culvert be less than 300 mm in
diameter and 6 metres in length. The amount of fill required shall be determined by the
Township Public Works Manager and such fill as required shall cover and protect the
culvert only and may not extend to the limit of the road allowance.

6. The location of the entrance way must be approved by the Township Public Works
Manager to ensure maximum safety, free flow of traffic and to minimize the possibility of
interference with the road or the creation of a maintenance problem.

7. The construction of all entrance ways shall be carried out by the Corporation under the
direction of the Township Public Works Manager unless otherwise authorized in writing on
the permit issued by the Township. In all cases, the entire cost of the work shall be paid by
the owner to the Corporation where the work has been carried out by the Corporation and
to the contractor where the work has been carried out by a contractor acting as agent for
the owner with the permission of the Township Public Works Manager. Entrance ways will
only be installed between the period of May 15th and November 15th each year.
Maintenance of entrance ways and ditch improvements before and after improvements or
reconstruction shall be the responsibility of the landowner.

8. If authorization is obtained to provide for installation by a contractor, a $2,000
refundable deposit shall be provided to the Corporation, such deposit to be refunded once
the Public Works Manager has approved the final construction of the entranceway. Where
the work is found to be non-conforming or substandard in any way, the deposit will be used
in whole or in part to ensure full conformity with approved design standards. Any leftover
amount in the deposit shall be reimbursed to the applicant.

9. Where a culvert in excess of 50 feet in length is requested, the owner shall be required
to conform to the Township by-law to Regulate the Infilling of Road Ditches.

10. Where existing entranceways, which were constructed prior to the passage of this bylaw,
are, in the opinion of the Township Public Works Manager, obstructing a ditch or
watercourse on a Township Road, the owner of the property serviced by the existing
entrance way shall, within fifteen business days (15) of receipt of a notice in writing to do
so, make whatever modifications to the entrance way as deemed necessary by the Public
Works Manager. Where it is determined that a new entrance way is required, the owner
may, within fifteen business days, apply to the Corporation for a permit to have a proper
entrance installed, the fee for which shall be determined by the Township Public Works
Manager. Notice shall be by registered mail addressed to the last known address of the
owner, and the fourteen days shall run from the date of the mailing of such registered
notice. The entire cost of the modification shall be paid by the owner.

11. Where an owner may desire to alter an entrance way with hard or vegetative
landscaping, he or she must first file with the Public Works Manager a plan of such
construction. The Public Works Manager may approve, refuse or revise the proposed
construction and will issue a written decision.

12. The Corporation shall maintain and replace from time to time and as required, all
culverts installed under the provisions of this By-law. The maintenance of the driving
surface of all entrance ways shall be the responsibility of the owner.

13. No person shall apply asphalt or other hard surface to that portion of an entrance way
on the road allowance of the Township Road except under a permit issued by the
Township. The work shall be carried out by the contractor approved by the Corporation
and in accordance with Township specifications at the expense of the owner. No concrete
surfaces are permitted on the right-of-way, and all headwalls shall be finished in asphalt
only.

14. (a) Where a municipal road intersects with another highway and the municipal road is
not the through road, no entrance will be permitted at a distance of less than 30 metres
from the through highway and must comply with regulations as set out by the authority
having jurisdiction over the other highway.

(b) Each assessed parcel abutting a municipal road shall be entitled to one entrance
permit only per land holding. A second entranceway onto a municipal road shall not be
permitted unless it is:
• an auxiliary/field entrance used solely for agricultural purposes
• replacing an existing entrance which is not an auxiliary/field entrance
• part of a circular driveway used solely for residential purposes in which case the
distance between entrances of circular driveways shall not exceed 70 metres.

(c) No new entrance permits shall be given to existing lots of record which currently
have an approved access whether shared or otherwise onto a municipal road.

15. The following exemptions shall apply:

(a) When an agricultural entrance becomes used for any other purpose, it shall be
subject to the provisions of this by-law.

(b) The restrictions of Section 14 (a) does not apply where a legally prescribed reduced
speed limit of 60km or less has be established and the Public Works Manager is
satisfied that all visibility and safety requirement have been met.

(c) .When a second entrance may be required to access a garage or a portion of the
property restricted by natural features or buildings.

16. Every person who contravenes the provisions of this by-law is guilty of an offence and
on summary conviction is liable to a fine of not less than $50.00 and not more than
$300.00, inclusive of costs.

17. Each day of default by the owner in complying with any of the provisions of this by-law
shall constitute a separate offence.

18. The Corporation may recover any expenses incurred when ensuring that entrance
ways are in conformity with this policy in like manner as municipal taxes, or the Corporation
may provide that the expenses incurred, with interest, shall be payable within one year.

*Note: attached was a copy of the Entranceway Application.