Town of Neepawa Driveway Approaches By-Law No. 3127
Neepawa, Manitoba
· adopted 2014-06-17
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TOWN OF NEEPAWA
BY-LAW NO. 3127
BEING A BY-LAW TO REGULATE PRIVATE DRIVEWAY APPROACHES
DEFINITIONS
1.
In this by-law,
"access impact study" means a study undertaken by a professional engineer that assesses, to the
satisfaction of the Engineering Supervisor, the effect a proposed access or accesses will have on the
transportation network and on public safety. Elements of the study will include, but need not be limited to, an
analysis of generated traffic volumes, the additional number of pedestrian and vehicular movements, queue
lengths and times, variations on the above based on the size of the access, and the impact of road
characteristics;
"boulevard" means and includes all portions of the highway save and except the sidewalks, shoulder, and
the roadway;
"culvert" means a sub-surface pipe with a circular, elliptical or rectangular cross-section of corrugated steel,
or any other such material approved by the Engineering Supervisor, which acts as a conduit for storm water
within a highway;
"Engineering Supervisor" means the Engineering Supervisor of the Town of Neepawa, Utilities and Public
Works, or authorized representative(s);
"farm" means a parcel of land used for agricultural purposes including the growing of crops and raising of
animals;
"farm entrance" means an opening on to a highway from a farm for access to barns, out-buildings or the
farm residence;
"field entrance" means an opening on to a highway from a farm field for the passage of vehicles and
animals, for cartage, and for any other agricultural purposes;
"frontage" means the length of the common boundary between privately-owned land and the highway or
highways;
"grade" means the percentage (%) rate of the rise or fall of the private approach with respect to the
horizontal;
"headwall" means a vertical wall at the end of a culvert used to prevent earth from spilling into the ditch;
"highway" includes a common and public highway and includes any bridge, trestle, viaduct, or other
structure, forming part of the highway, and except as otherwise provided, includes a portion of the highway
and the area between the lateral property lines thereof. The term highway can be used interchangeably with
the word "street";
"highway line" means the line forming a common boundary between private property and the highway;
"intersection" means the area within the projection or connection of the lateral boundary lines of two or more
highways that meet one another at an angle whether or not one highway crosses the other;
"multiple residential dwelling" means a building containing multiple dwelling units where access to the
parking area or areas is provided by one or more common private approaches;
"owner" means the owner in fee simple of land abutting a highway;
"parking space" means that part of private or public property legally designated for the purpose of vehicle
parking;
"private approach" means an improved surface and where required a culvert within a highway and used by
the owner or occupant of private property adjacent to the highway for vehicular access;
"private property" means all land other than Town land;
"property line" means the common boundary line between adjacent private properties;
"public garage" includes a retail gasoline outlet, a parking station, a parking lot, a building or place where
motor vehicles are hired or kept or used for hire, a building or place where vehicles, gasoline or oils are kept
for sale, a building or place used as a motor vehicle repair shop, and a building or place used for washing or
cleaning motor vehicles;
"retail gasoline outlet" means a building or place where gasoline, oil and automobile parts and accessories
are stored or kept for sale, and where only minor repairs of a motor vehicle are performed;
"roadway" means that part of a highway that is improved, designed or ordinarily used for vehicular traffic, but
does not include the shoulder, and, where a highway includes two or more separated roadways, the term
"roadway" refers to any one roadway separately and not to all of the roadways collectively;
"shoulder" means that part of a highway immediately adjacent to the roadway and having a surface of
asphalt, concrete or gravel, for the use of vehicles;
"sidewalk" means that part of a highway set aside by the Town for the use of pedestrians;
"single dwelling unit" means a building containing one or more dwelling units each with its own private
approach;
"temporary private approach" means a private approach granted by the Engineering Supervisor for a
temporary period during construction, repair or improvement on private property or for any other purpose
approved by the Engineering Supervisor;
"town" means the municipal corporation of the Town of Neepawa or the geographic area as the context
requires; and
"vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle and
any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include
a motorized snow vehicle or a street car.
INTERPRETATION
2.
(1) Headings are for reference purposes and shall not affect in any way the meaning or interpretation of the
provisions of this by-law.
(2) This by-law includes the Schedule annexed hereto and the Schedule is hereby declared to form part of this
by-law.
(3) In this by-law, a word interpreted in the singular number has a corresponding meaning when used in the
plural.
PRIVATE APPROACH PERMIT
3.
(1) No person shall construct, relocate, alter or close a private approach without first obtaining a private
approach permit and/or road cut permit from the Engineering Supervisor in accordance with the provisions of
this by-law.
(2) Despite subsection 3(1), a private approach permit is not required for a private approach approved through
the Town's Site Plan or Subdivision approval process.
(3) Where no pipe storm sewer system is available, the construction of a private approach may require a culvert.
This construction shall be carried out by the applicant's contractor at the applicant's expense.
(4) The applicant shall pay an inspection fee for culvert installation as described in Schedule "A" in addition to
the private approach permit fee. In such case, the applicant will not require a road cut permit.
4.
An application for a permit under this by-law shall be made by the owner.
5.
No permit shall be issued for a private approach the purpose of which is to provide access to a parking
space which is contrary to any Town by-law.
6.
(1) When applying for a private approach permit, the applicant shall:
(a) provide the required information including with the application a plan showing the dimensions of the
private property for which the application is being made and any adjoining property of the owner and if
required by the Engineering Supervisor, the applicant shall include an up to date legal survey plan of the
private property;
(b) state the size, type of construction and grade of each existing and proposed private approach, including,
(i)
the dimensions of any existing private approach and culverts;
(ii) the location of any controlled access designation which has been applied to the frontage; and
(ii) any 0.3 metre reserves which may exist between the private property for which the application is
being made and the adjacent highway; and
(c) pay a non refundable private approach permit fee as outlined in Schedule "A".
(2) Where an application is made under this by-law and it is determined that an affidavit in support of a claim to
non-conforming rights under the applicable Zoning By-law of the old municipality or any successor by-law
thereto is required to approve the application, a non-refundable fee for the circulation process of the
application described in Schedule "A", shall be payable to the Town, in addition to any other fees payable
under this by-law.
7.
If the Engineering Supervisor is satisfied that an application for a private approach complies with the
provisions of this by-law, approval shall be granted in writing in the form of a permit by the Engineering
Supervisor.
8.
(1) Where the Town undertakes any construction or reconstruction work on a highway that affects a private
approach which conforms to this by-law, the Town shall undertake any reconstruction of the private approach
made necessary by the construction or reconstruction of the highway at no cost to the owner; and
(2) Where the Town undertakes any construction or reconstruction on a highway that affects a private approach
which does not conform to this by-law, the Town shall:
(a) replace the non-conforming private approach with a new conforming private approach; or
(b) despite paragraph (a), where a private approach does not conform and can not be replaced by a new
private approach conforming to the by-law, the non-conforming private approach may be replaced in a
location and with a design approved by the Engineering Supervisor, provided no operational or safety
concerns result.
9.
All private approaches shall be constructed to Town standards and a private approach permit shall expire if
the private approach is not constructed within twelve (12) months of the date of issue of the permit or within
such other longer or shorter period of time as may be specified by the Engineering Supervisor.
GENERAL REGULATIONS
10
Every person who constructs, alters or extends any building or structure or who increases the area of the
land holdings and intends to relocate, alter or add to the private approach or private approaches serving the
land, shall apply for a permit for all private approaches serving the land holdings and any private approach or
private approaches so applied for shall be constructed in accordance with the provisions of this by-law.
11.
A private approach shall have a minimum width of 2.4 metres and a maximum width of 9.0 metres and in no
case shall the width exceed 50% of the frontage on which the approach or approaches are located.
12
The applicant for a private approach permit shall, along all frontages of the property for which an application
has been approved, remove any private approach, culvert, curb, sidewalk or ancillary installation which
becomes redundant and shall also remove any private approach which contravenes this by-law by reason of
the construction, relocation or alteration of any or all private approaches as proposed in the application.
13
The removal as prescribed in Section 12 hereof shall be carried out by the owner at the same time as the
construction of the private approaches as set out in the application for which an application has been
approved.
14
Every person who closes a private approach shall reinstate, at his or her expense, the sidewalk, shoulder,
curb and boulevard to Town standards.
15
The maintenance and upkeep of a private approach, including any curbs and headwalls, shall be the
responsibility of the abutting owner.
16. (1) Where the condition of a private approach does not comply with the provisions of this by-law, the
Engineering Supervisor shall give written notice to the owner specifying the remedial work that must be
carried out.
(2) If the owner has not completed the remedial work to the satisfaction of the Engineering Supervisor within 30
days of delivery of the written notice or if, in the opinion of the Engineering Supervisor there is a
transportation or safety conflict, within the shorter period specified in the written notice, the Engineering
Supervisor may order the remedial work to be done at the owner's expense, and all costs incurred by the
Town in completing the remedial work shall be paid by the owner.
17.
The centerline of a private approach shall intersect the centreline of the roadway as nearly as practicable at
a right angle, but in no case shall the acute angle between the centre line of the private approach and the
centreline of the roadway be less than 70 degrees.
18.
Where a private approach to a property with 50 or more parking spaces carries traffic which, in the opinion of
the Engineering Supervisor might impact adversely the quality of traffic service on the adjacent highway, the
owner shall,
(a) provide an access impact study;
(b) pay for additional road works required to maintain the quality of traffic service on the adjacent highway,
including channelization, deceleration lanes, weaving lanes and traffic control signal installations, which
shall be constructed to the satisfaction of the Engineering Supervisor; and
(c) convey at no cost to the Town any land required for the purposes set out in paragraph (b).
19.
No person shall construct on a private approach any curbing, headwalls, decorative stonework or
landscaping or place any object on a roadway or sidewalk, the height of which extends above the level of the
shoulder or the private approach.
20.
Where a private approach has been approved for the exclusive use for vehicles of the Neepawa Fire
Department, such private approach shall be constructed according to Town standards for access to fire
routes.
21.
Every subsurface melting device installed under a private approach shall be maintained at the expense of
the owner of the property adjoining or connected with the private approach.
DESIGN, CONSTRUCTION AND LOCATION OF PRIVATE APPROACHES
22.
Every subsurface melting device installed under a private approach shall be maintained at the expense of
the owner of the property adjoining or connected with the private approach.
23.
Where the owner employs a contractor, the owner shall be liable for the costs and expenses of all work done
by the contractor on his or her behalf.
24. (1) Despite any other provisions of this by-law, no person shall construct a private approach that, in the opinion
of the Engineering Supervisor, will create hazardous conditions due to inadequate sight distance, horizontal
or vertical alignments or other considerations.
(2) The Engineering Supervisor may specify a location and design for a private approach that, in the
Engineering Supervisor's opinion, will eliminate or minimize such hazardous condition.
(3) Despite any other provisions of this by-law, the Engineering Supervisor may alter the direction of the grade
and horizontal distances on which the direction of the grade applies, provided such alterations do not create
any drainage issues or hazardous conditions.
PRIVATE APPROACHES FOR PUBLIC AND INSTITUTIONAL PURPOSES, COMMERCIAL AND INDUSTRIAL
PROPERTIES AND MULTIPLE RESIDENTIAL DWELLINGS
25.
The design, construction and location of private approaches for properties used for public purposes,
institutional purposes, commercial purposes, industrial purposes or multiple residential dwellings shall be in
accordance with the following:
(a) The maximum number of private approaches permitted shall be as follows:
(i)
less than 20 metres of frontage, one (1) two-way private approach;
(ii) 20 metres to 34 metres of frontage, one (1) two-way private approach or two (2) one-way private
approaches;
(iii) 35 metres to 45 metres of frontage, two (2) two-way private approaches or two (2) one-way private
approaches;
(iv) 46 metres to 150 metres of frontage, one two-way private approach and two one-way private
approaches or two two-way private approaches; and
(v) for each additional 90 metres of frontage in excess of 150 metres, one two-way private approach or
two one-way private approaches.
(b) On a corner lot or a lot abutting on more than one highway, the provisions of paragraph (a) hereof shall
apply to each frontage separately.
(c) No private approach intended for two-way vehicular traffic shall exceed 9 metres in width at the street
line, and at the curb line or roadway edge.
(d) No private approach intended for one-way vehicular traffic shall exceed 7.5 metres in width at the
highway line, and at the curb line or roadway edge.
(e) Despite the provisions of paragraphs (c) and (d) hereof, private approaches in excess of 9 metres in
width at the street line, and at the curb line or edge of roadway, may be permitted for off-street bus
loading areas, transport loading areas and stations operated by the Neepawa Fire Department.
(f) The distance between the nearest limits of a private approach intended for two-way vehicular traffic and
any other private approach to the same property shall be a minimum of 9 metres measured at the street
line, and at the curb line or roadway edge.
(g) The minimum distance between the nearest limits of any two private approaches intended for one-way
vehicular traffic to or from to the same property must not be less than 2 metres, measured at the street
line, and at the curb line or roadway edge.
(h) (h) Where, in the opinion of the Engineering Supervisor, it is desirable to provide a median between two
private approaches intended for one-way operation, such median shall have a minimum width of 2
metres.
(i) Where a median is provided pursuant to paragraph (h), the length of the median on private property shall
be determined by the Engineering Supervisor.
(j) All one-way private approaches shall be designated with suitable signs erected in a conspicuous location
adjacent to the highway to indicate the direction of traffic for which the private approach is intended, and
all signs shall be erected and maintained by the owner to the satisfaction of the Engineering Supervisor.
(k) Despite the provisions of paragraphs (g) and (h) hereof, there shall be no more than two one-way private
approaches on any given 35 metres of frontage.
(l) Despite the provisions of paragraphs (a) and (f), where a property abuts on or is within 46 metres of an
arterial or major collector highway as designated on the Town of Neepawa Official Plan:
(i)
in the case of a shopping centre, a public parking lot, a parking lot for the use of customers of a
retail or wholesale business, a public garage, a personal service establishment or an eating
establishment, any of which has a parking area which can accommodate the number of parking
spaces set out in Column 1 of the following Table, the distances are calculated in accordance with
Columns 1,3 and 4 of the following Table; and
(ii) in the case of a hotel, an office building, an apartment building, a property used for public purposes,
or an industrial development, any one of which has a parking area which can accommodate the
number of parking spaces set out in Column 2 of the following table, the distances are calculated in
accordance with Columns 2, 3 and 4 of the following Table;
no private approach shall be constructed so that the distance between the nearest limit of a private
approach and the nearest intersecting street line or its extension is less than the distance set out in
Column 3 of the said table, or so that the distance between the nearest limit of a private approach
intended for two-way vehicular traffic and any other private approach to the same property is less than
the distance set out in Column 4 of the said table and all distances so referred to shall be measured at
the street line:
COLUMN 1
NUMBER OF
PARKING
SPACES
COLUMN 2
NUMBER OF
PARKING
SPACES
COLUMN 3 DISTANCE
BETWEEN THE PRIVATE
APPROACH AND NEAREST
INTERSECTING STREET LINE
COLUMN 4 DISTANCE
BETWEEN A TWO-WAY
PRIVATE APPROACH AND
ANY OTHER PRIVATE
APPROACH
Up to 49
20 to 99
18 metres
15 metres
50 to 99
100 to 199
30 metres
30 metres
100 to 199
200 to 299
45 metres
45 metres
200 to 299
300 or more
60 metres
60 metres
300 or more
75 metres
75 metres
(m) Where an owner whose property abuts two or more highways is unable to comply with the provisions of
paragraph (l) of this section, a private approach shall be permitted only on the highway carrying the lesser
volume of vehicular traffic and the private approach shall be located as far from the nearest intersections
as possible, provided that in cases where the vehicular traffic volumes on the abutting highway are
essentially equal, a private approach shall be permitted only on the highway which allows the private
approach to be located as far from the nearest intersection as possible.
(n) No person shall construct a private approach within an intersection or on the corner radius of an
intersection or within 1.5 metres of the point of tangency of such radius or so that the distance between
the nearest limit of a private approach and the intersecting street line or its extension is less than 6
metres.
(o) No person shall construct a private approach within 3 metres of any property line measured at the
highway line and at the curb or the edge of the roadway unless the property abuts only one public
highway and the width of the frontage does not allow a private approach width as required by this by-law
in addition to the 3 metres offset from the adjoining property lines in which case the Engineering
Supervisor may reduce the off-set to a minimum of 0.3 metres provided that the proposed access is
located,
(i)
a safe distance from the access serving the adjacent property,
(ii) in such a manner that there are adequate sight lines for vehicles exiting from the property, and
(iii) in such a manner that it does not create a traffic hazard.
(p) Subject to paragraph (o), in the case of a private approach including a culvert, the 3 metre setback from
the adjacent property line shall be from the end of the culvert, headwall or closest part of the private
approach to the adjacent property line.
(q) Despite paragraph (o), a private approach may be constructed in such a manner that it is less than 3
metres from an adjoining property measured at the highway line and at the curb line or edge of the
roadway if it is approved through the Neepawa and District Planning Office and Town of Neepawa
applicable by-laws. Site Plan Control in accordance with the provision of the Planning Act and the Town's
Site Plan Control By-law.
(r) No person shall construct a private approach serving any parking area with a grade exceeding 2% and
the grade on the private approach shall descend in the direction of the roadway.
(s) No person shall construct a private approach serving a parking area with less than 50 parking spaces,
with a grade exceeding 2% within the private property for a distance of 6 metres from the highway line or
future highway line;
(t) No person shall construct a private approach serving a parking area with more than 50 parking spaces,
with a grade exceeding 2% within the private property for a distance of 9 metres from the highway line or
future highway line.
(u) Despite paragraphs (s) and (t), the Engineering Supervisor may issue a permit for a private approach
subject to such conditions and restrictions as the Engineering Supervisor may deem necessary provided
that the proposed access is located;
(i)
safe distance from the access serving the adjacent property;
(ii) in such a manner that there are adequate sight lines for vehicles exiting the property; and
(iii) in such a manner that it does not create a traffic hazard
PRIVATE APPROACHES FOR SINGLE DWELLING UNITS
26.
The design, construction and location of a private approach to a single dwelling unit shall comply with the
following provisions:
(a) no private approach shall be in excess of 9 metres in width measured at the street line, and at the curb
line or roadway edge.
(b) the distance between the nearest limits of two private approaches to the same property shall be a
minimum of 9 metres measured at the street line, and at the curb line or roadway edge.
(c) on a corner lot or a lot abutting on more than one road allowance, the minimum distance between the
nearest limit of a private approach and an intersecting street line or its extension shall not be less than 6
metres.
(d) no private approach shall be constructed within 0.3 metres of any adjacent property measured at the
highway line, and at the curb line or roadway edge except,
(i)
where the written consent of the owner of the adjacent private property is obtained and filed with the
Engineering Supervisor; or
(ii) in the case of a combined private approach serving two adjacent private properties.
(e) in the case of a private approach including a culvert, no private approach shall be constructed unless the
setback of 0.3 metres is calculated from the edge of the culvert, headwall or closest part of the private
approach adjacent to the property line except,
(i)
where the written consent of the owner of the adjacent property is obtained and filed with the
Engineering Supervisor; or
(ii) in the case of a combined approach serving two adjacent properties.
(f) no private approach shall be constructed within an intersection except where the entire property frontage
is situated within an intersection or within 3 metres of the limits of an intersection in which case a private
approach may be permitted provided that the private approach is not located within the area used or
intended to be used as a pedestrian crossing.
(g) the grade on any part of a private approach, excluding the public sidewalk, shall:
(i)
not be less than 2%;
(ii) not exceed 6%; and
(iii) descend in the direction of the roadway.
(h) despite paragraph (g) hereof, the grade of any part of a private approach to a building that is being
renovated may be greater than 6% but shall not exceed 12% provided that a subsurface melting device
sufficient to keep the private approach free of ice at all times is installed and properly maintained by the
owner.
RURAL - PRIVATE APPROACHES TO FARMS AND FIELDS
27.
A private approach for a farm entrance or a field entrance shall be subject to any conditions which the
Engineering Supervisor may, from time to time, deem necessary for the safe and efficient movement of
vehicles on a highway.
28.
When imposing conditions on the granting of a permit for a private approach for a farm entrance or a field
entrance, the Engineering Supervisor shall consider the effect of the proposed private approach on the
movement and safety of vehicles and pedestrians, possible future uses of the adjacent highway, and any
other factors deemed relevant in the circumstances.
29. (1) The grade on a private approach for a farm entrance shall not exceed 6%.
(2) The grade on a private approach for a field entrance shall not exceed 10%.
TEMPORARY PRIVATE APPROACH
30.
Despite any other provision of this by-law, the Engineering Supervisor may issue a permit for a temporary
private approach, subject to such conditions and restrictions as the Engineering Supervisor may, from time to
time, deem necessary for the safe and efficient movement of pedestrians and vehicles, including the removal
and reinstatement of traffic signs and traffic signals.
31.
When a temporary private approach requires the erection, removal or relocation of any traffic control device
including, but not limited to, traffic signals and traffic signs, the permit holder shall be responsible for the cost
of all work involved to the Town's satisfaction.
REMOVAL OF UNAUTHORIZED PRIVATE APPROACHES
32.
The Engineering Supervisor may give written notice to the owner of a property to which an unauthorized
private approach has been constructed to remove forthwith the unauthorized private approach and to reinstate
the highway to the condition it was in before the unauthorized private approach was constructed.
33.
If the notice referred to in Section 33 is not complied with within 10 days from the date that notice is sent, the
Engineering Supervisor may remove the private approach and reinstate the highway at the owner's cost and
the Town may add the costs to the tax roll and collect them in the same manner as taxes.
34.
When an unauthorized private approach is being constructed on a highway, the Engineering Supervisor take
whatever action is deemed necessary to stop the work.
35.
A private approach that has been installed in a manner that does not comply with the provisions of this by-law
and of the Town's standards may be considered by the Engineering Supervisor as an unauthorized private
approach.
OFFENCE & PROHIBITION ORDER
36.
Any person who violates, contravenes, or fails to observe and carry out any provisions of the By-law is guilty
of an offence and liable on summary conviction to a fine not exceeding $500.00. If a Person served with a by
the Town of Neepawa under this By-Law fails to pay the fine within a thirty (30) day period, the Chief
Administrative Officer of the Town of Neepawa shall lay an Information with respect to the contravention and a
Summons will be issued for the Person to attend before a Provincial Court Judge, Magistrate or Justice of the
Peace. Any Person found guilty for contravention of this By-Law before a Provincial Court Judge, Magistrate
or Justice of the Peace is subject to a minimum fine of Five Hundred Dollars ($500.00) for a first offence and
to a minimum fine of One Thousand ($1,000.00) for the second offence and for each subsequent offence plus
all applicable court costs.
A fine levied and costs charged under this By-Law may be collected in any manner in which a tax may be
collected or enforce under The Municipal Act.
SHORT TITLE
37.
This by-law may be cited as the "Private Approach By-law".
Read a first time this
3rd day of June, 2014.
Read a second time this 17th day of June, 2014.
Read a third time and passed this 17th day of June, 2014.
Ken Waddell - Mayor
Richard Beachey - CAO
SCHEDULE "A"
FEES
1. Permit fees
(a)
Single detached dwellings
$25.00
(b)
Commercial, industrial and multi-residential
-
up to 49 parking spaces
$50.00
-
50-99 parking spaces
$75.00
-
more than 100 parking spaces
$100.00
2. Inspection fee for culvert installation
$ 50.00
3. Affidavit in support of a claim to non-conforming rights under the Zoning By-law
$100.00