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3711-2024 Regulate the Installation of Entranceways

3711-2024 Regulate the Installation of Entranceways

BEING A BY-LAW TO REGULATE THE INSTALLATION OF ENTRANCEWAYS

Passed by Council May 13, 2024

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


THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3711-2024
BEING A BY-LAW TO REGULATE THE INSTALLATION OF ENTRANCEWAYS

WHEREAS Section 27 of the Municipal Act, 2001, S.C. 2001, c. 25 as amended provides
that a municipality may pass By-Laws in respect of a highway if it has jurisdiction over the
highway;

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

NOW THEREFORE the Council of the Corporation of the Township of Augusta enacts as
follows:

1. That the Policy to Regulate the Installation of Entranceways 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 That all other By-Laws or policies inconsistent herewith are hereby repealed.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 That By-Law 3177-2015 is hereby repealed.

Read a first time and second time this 13th day of May 2024.

Read a third time and passed this 13th day of May 2024.

Signed by Mayor Jeff Shaver and Clerk Annette Simonian

SCHEDULE A
BY-LAW 3711-2024

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 on Township Roads 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 on Township roads 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 $125.00. 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 Entranceway Application form provided by the Township 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 500 mm, or more than 8 metres in length, or is located where more
than the 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.

3. All fees payable under this By-Law shall be made in advance to the Township of
Augusta.

4. 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 8 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.

5. 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.

6. 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.

7. 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.

8. Where a culvert in excess of 15.24 Meters in length is requested, the owner shall
be required to conform to the Township By-Law to Regulate the Infilling of Road
Ditches.

9. Where existing entranceways, which were constructed prior to the passage of
this By-Law 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 fourteen business
days (14) 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
fourteen (14) 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 Courier addressed to the last known
address of the owner, and the fourteen (14) days shall run from the date of the
mailing of such registered notice. The entire cost of the modification shall be paL
by the owner.

10.Where an owner may desire to alter an entrance way with hard or vegetative
landscaping, they 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.
11. 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.

12. 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.

13(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.

14. 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.

15. 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.

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

17.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.

Appendix A
By-Law 3711-2024
Entranceway Application Form provided by the Municipality

NOTE: Entrance Application Form may be amended from time to time for
administrative matters and is subject to cost recovery increases as necessary.

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