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THE CORPORATION OF THE TOWN OF INNISFIL
BY-LAW NO. 073-19
"ROADS BY-LAW"
A By-law of The Corporation of the Town of lnnisfil
respecting the regulation of Roads, Rights of Way and
Entranceways within the boundaries of the Town of
lnnisfil
WHEREAS section 8 of the Municipal Act, 2001, provides that Sections 8 and 11 shall be
interpreted broadly so as to confer broad authority on municipalities to (a) enable
municipalities to govern their affairs as they consider appropriate and, (b) enhance their
ability to respond to municipal issues;
AND WHEREAS section 9 of the Municipal Act, S.O. 2001, C. 25 ("the Municipal Act, 2001"),
provides that a municipality has the capacity, rights, powers and privileges of a natural
person for the purpose of exercising its authority under the Act;
AND WHEREAS section 10(2) of the Municipal Act, 2001 provides that a single-tier
municipality may pass By-laws respecting, inter alia, economic, social and environmental
well-being of the municipality, health, safety and well-being of persons, protection of persons
and property and structures, including fences and signs;
AND WHEREAS section 11 of the Municipal Act, 2001 provides that a single-tier municipality
has broad authority to pass By-laws respecting any matter it deems necessary or desirable
for the public, including, inter alia, highways, including parking and traffic on highways,
public utilities, structures, including fences and signs;
AND WHEREAS section 118 of the Municipal Act, 2001, provides that a municipality may,
inter alia, regulate the excavating, construction and use of trenches and may by By-law
prohibit same unless a permit is obtained from the municipality which may also impose
conditions with respect to the permit, including requiring the submission of plans;
AND WHEREAS section 126 of the Municipal Act, 2001, provides that a local municipality may
regulate cultural, recreational and educational events including public fairs and may by By
law prohibit same unless a permit is obtained from the municipality which may also impose
conditions including requiring submission of plans;
Now THEREFORE the Council of the Corporation of the Town of lnnisfil enacts as follows:
[THIS SPACE INTENTIONALLY LEFT BLANK]
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
Section 6:
Section 7:
Section 8:
Page 2 of 40
By-law No. 073-19
"ROADS BY-LAW"
TABLE OF CONTENTS
SHORT TITLE AND INTERPRETATION ............................... 3
GENERAL .................................................................................... 10
EXCEPTIONS .............................................................................. 12
ADMINISTRATION ...................................................................... 13
CONSUL TING ENGINEERS ........................................................ 16
NOTICE REQUIREMENTS .......................................................... 17
INSURANCE ................................................................................ 18
WORKING DEPOSIT ................................................................... 19
Section 9:
SECURITY ................................................................................... 20
Section 10: CONTACT INFORMATION AND CUSTOMER SERVICE ........... 21
Section 11: PERMIT CONDITIONS ................................................................ 22
Section 12: ENTRANCEWAY ACTIVITY PERMIT CONDITIONS .................. 25
Section 13: ROAD, ASPHALT AND CONCRETE CUTS ................................ 28
Section 14: INTERIM TESTING AND INSPECTION ....................................... 29
Section 15: EMERGENCY REPAIRS ............................................................. 30
Section 16: PROTECTION OF TREES ........................................................... 30
Section 17: DUST AND MUD CONTROL ....................................................... 31
Section 18: WARNING DEVICES, BARRICADES AND TRAFFIC SIGNS ..... 31
Section 19: CLOSURE TO TRAFFIC .............................................................. 31
Section 20: REINSTATEMENT AND BACKFILL REQUIREMENTS ............... 32
Section 21: COMPLETION OF WORK ........................................................... 34
Section 22: RESPONSIBILITY FOR CLAIMS AND WORKS FAILURE,
MAINTENANCE AND WARRANTY REQUIREMENTS ............... 35
Section 23: INDEMNIFICATION ..................................................................... 36
Section 24: ENFORCEMENT ......................................................................... 37
Section 25: FORCE AND EFFECT ................................................................ .40
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"ROADS BY-LAW"
SECTION 1:
SHORT TITLE AND INTERPRETATION
1.1
SHORT TITLE
This By-law may be cited as the "ROADS BY-LAW".
1.2
APPLICATION
This By-Law applies to all Rights of Way within the geographical boundaries of the
Corporation of the Town of lnnisfil assumed by the Corporation of the Town of
lnnisfil.
1.3
REPEAL AND TRANSITION
This By-law repeals Town By-laws No. 011-97 and 001-92, but any permits issued
pursuant to By-law No. 011-97 for Right of Way Activities or Entranceway Activities,
as those terms are understood pursuant to this By-law, shall continue to be valid and
binding, and shall be deemed to have been issued under the former By-law for
regulatory and enforcement purposes.
Any External Works Agreements executed prior to the date this By-law comes into
force and effect shall continue to be valid and binding, save and except for any
External Works Agreements resulting from a decision of the Town's Committee of
Adjustment.
1.4
HEADINGS
Any headings used in this By-law are used for convenience only and are not to be
used as a means of interpretation.
1 .5
TERMINOLOGY
The necessary grammatical changes required to make the provisions hereof apply
to corporations, partnerships, trusts and individuals, male or female, and to include
singular or plural meaning where the context so requires, will in all cases be
assumed as though fully expressed.
1.6
SEVERABILITV
In the event that any provision, or part thereof, of this By-law is found by a court of
competent jurisdiction, to be ultra vires, such provision, or part thereof, shall be deemed
to be severed, and the remaining portion of such provision and all provisions of this By
law shall remain in full force and effect.
1.7
REFERENCE TO STATUTES
References in this By-law to any statute, regulation, By-law, or any provision thereof,
includes such statute, regulation, By-law or provision thereof as amended, revised,
Page 4 of 40
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re-enacted and/or consolidated from time to time and any successor statute,
regulation or By-law thereto.
1.8
APPLICANT'S EXPENSE AND TOWN'S SATISFACTION
Every provision of this By-law, and any provision made under a Permit issued under
this By-law, wherein the Applicant is obligated in any way is deemed to include the
words "at the expense of the Applicant" and "to the Town's satisfaction", unless
specifically stated otherwise.
1.9
DELEGATED AUTHORITY
The authority to administer this By-law on behalf of the Town is delegated to the
Development Engineering Leader, the Capital Engineering Leader, the Manager of
Operations and the Town Treasurer, acting jointly and severally, and from time to
time, as well as any Town Staff acting under the authority of the aforementioned
persons. Where the consent of the Town is required under this By-law, such consent
may be obtained by the Development Engineering Leader, the Capital Engineering
Leader or the Manger of Operations, unless specifically stated otherwise.
1.10
TOWN AS AGENT
Any Work completed by the Town under this By-law for or on behalf of the Applicant,
or by reason of the Applicant not having completed the Work in the first instance,
shall be deemed to completed by the Town as agent for the Applicant and will not,
for any purpose whatsoever, be deemed as an acceptance or assumption of Works
by the Town.
1.11
DEFINITIONS
For the purposes of this By-law, the following words shall have the meaning ascribed
to herein:
(a)
"Agricultural Lands" has the same meaning as it does in the Town's Site
Alteration By-Law;
(b)
"Applicant" means any person(s), Utility Service Provider or corporation
making application for a Right of Way Activity Permit or Entranceway
Activity Permit, and includes any agent representing or working on behalf
of the Applicant. The Town reserves the sole discretion to determine who
is to be the Applicant;
(c)
"Boulevard" means the municipally-owned area of the road allowance
between the back edge of the curb or the back slope of the ditch line and the
private property line;
(d)
"Capital Engineering Leader" means the Capital Engineering Leader for
the Town of lnnisfil or his/her authorized representatives/delegates;
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(e)
"Certificate of Maintenance and Final Acceptance" means a certificated
issued by the Town in accordance with section 22 hereto;
(f)
"Certificate of Substantial Completion" means a certificate issued by the
Town in accordance with section 21.6 hereto;
(g)
"Commercial Entranceway" means an Entranceway opening onto a
Right of Way from a retail or service business;
(h)
"Contractor" means any person(s), company or firm engaged in providing
labour, equipment, materials, etc. necessary to complete the Work
described;
(i)
"Date of Final Reinstatement" means the day that the finished surface is
satisfactorily reinstated on any road cut that has been opened unless the
road cut has to be re-excavated in order to execute repairs, in which case
the "Date of Final Reinstatement" means the day the repairs are
satisfactorily completed;
U)
"Deleterious Material" means subsurface soils of an undesirable nature
such as, but not limited to organic materials, highly organic silts, sensitive or
ultra-sensitive clays, peat or other highly compressible soils, and soils
containing noxious or hazardous chemical or waste products;
(k)
"Development Engineering Leader" means the Development Engineering
Leader
for
the
Town
of
lnnisfil
or
his/her
authorized
representatives/delegates;
(I)
"Emergency Right of Way Activity'' means a Right of Way Activity
undertaken in the event of an emergency affecting public health and/or
safety without first obtaining a Permit.
(m)
"Entranceway'' means an area of ingress and egress to a privately or
publicly owned parcel from a Right of Way and shall include but is not
limited to a public or private roadway, driveway, sidewalk, footpath or
easement, gate structure or any facility constructed or used as a means of
ingress and egress to and from any Right of Way;
(n)
"Entranceway Activity" includes the temporary occupancy of an
Entranceway (as defined in this By-law) for the installation, repair,
replacement or improvement of an Entranceway, including but not limited
to:
i.
Construction of a new Entranceway;
ii.
Changing the design of an existing Entranceway;
iii.
Changing the location of an existing Entranceway;
iv.
Changing the use of or classification of an existing Entranceway;
v.
Paving an existing Entranceway; or
vi.
Construction of a Temporary Entranceway for the use of any part of
the Right of Way as a means of temporary access
Page 6 of 40
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by any Person(s), Utility Service Provider or Corporation, but does not
include any activity or activities for which a Right of Way Activity Permit has
been or is required to be obtained under this By-law or any activity or
activities undertaken by the Town;
(o)
"Entranceway Activity Permit" means a permit issued by the Town under
this By-law to regulate activities which are carried out upon Entranceways
within the Town.
(p)
"Heave" means any rise in the surface of a road cut in relation to the grade
of the adjacent undisturbed Right of Way;
(q)
"Highway" means a common and public highway and includes any bridge,
trestle, viaduct, pathway, or other structure forming part of the highway, and
except as otherwise provided, includes a portion of a highway and includes
the area between the lateral property lines thereof;
(r)
"Lands" means the property or properties for which the Permit is being
issued and/or upon which Works under the Permit are being carried out;
(s)
"Maintenance Period" means either:
(i)
the period between issuance of the Certificate of Substantial
Completion and the issuance of the Certificate of Maintenance and
Final Acceptance by the Town; or
(ii)
the 12 months following final reinstatement, where no Certificate of
Maintenance and Final Acceptance by the Town is required,
as determined by the Town, in its sole discretion.
(t)
"Manager of Operations" means the Manager of Operations for the Town
of lnnisfil or his/her authorized representatives/delegates;
(u)
"Minimum Sight Distance" means the distance measured from the centre
line of the entrance at a height of 1.05 metres above grade, which
represents the driver's eye level, and at an offset of 3.0 metres from the
edge of pavement, to a point on the centre of the upstream and
downstream lane of the Right of Way at a height of 1.05 metres, which
represents the object height;
(v)
"M.T.O." means Ministry of Transportation of Ontario;
(w)
"Normal Farm Practice" has the same meaning as defined in the Farming
and Food Production Protection Act, 1998, S.O. 1998, c.1, as amended,
(x)
"O.P.S.S." means Ontario Provincial Standard Specifications;
Page 7 of 40
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(y)
"Owner" means either the legal or beneficial owner of the Lands or the
developer to whom the Permit is issued;
(z)
"Pathway" means the parts of a Right of Way set aside by the Town for the
use of pedestrians and cyclists;
(aa)
"Permit" means an authorization granted in writing by the Town pursuant
to this By-law;
(bb)
"Person" includes the Applicant whether an individual or a corporation and
the successors, assigns, heirs, executors, administrators, or other legal
representatives of a person to whom the context may apply according to
law, but excludes the Town and its agents;
(cc)
"Public lands" means any properties under the care and control of the Town
of lnnisfil;
(dd)
"Residential Entranceway" means an Entranceway opening onto a Right
of Way from a private residence or from a multi-unit residential dwelling
containing not more than two separate, self-contained dwelling units;
( ee)
"Right of Way'' means the total area of any municipally-owned or controlled
right of way, from property line to property line, including the highway,
roadway, bridge, curb, shoulder, sidewalk, ditch and boulevard and/or any
other municipally-owned or controlled parks and Public Lands;
(ff)
"Right of Way Activity" includes the temporary occupancy of a Right of
Way (as defined in this By-law) for the installation, repair, replacement or
improvement of Works of any nature, including but not limited to:
(i)
the occupation of the Right of Way by any vehicle, structure, object
or thing for any purpose other than the free flow of pedestrian or
vehicular traffic upon the Right of Way, unless explicitly permitted
under any other Town By-law;
(ii)
the removal or disturbance of any soil, plant material, planking,
sidewalk, curbing pavement or any other structure forming part of a
Right of Way, unless required by any provision of this By-law;
(iii)
the breaking or excavating of any soil, plant material, planking,
sidewalk, curbing, pavement or any other structure forming part of
any Right of Way;
(iv)
the making of any excavation in or under any Right of Way for the
purpose of building or otherwise;
(v)
the removal, replacement or repair of any structure below the surface
of the Right of Way, including but not limited to cables, wires, pipes,
sanitary sewers, storm sewers, watermains, catchbasin, and/or
Page 8 of 40
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"ROADS BY-LAW"
drainage implement;
(vi)
the placement or erection of garbage boxes, benches or other related
appurtenances on a Right of Way.
Rural mailboxes shall be an
exception provided they comply with Canada Post and Town of
lnnisfil regulations;
(vii)
the planting, building, installing or maintaining of fences on any Right
of Way including part of a worm fence; or
(viii)
the placement, repair or erection of transit systems shelters, bicycle
stands, newspaper boxes, temporary signs, billboards, community
mailboxes, or utility on a Right of Way,
by any Person(s), Utility Service Provider or Corporation, but does not
include any activity or activities for which an Entranceway Activity Permit has
been or is required to be obtained under this By-law or any activity or
activities undertaken by the Town;
(gg)
"Right of Way Activity Permit" means permit issued by the Town under
this By-law to regulate activities which are carried out upon Rights of Way
within the Town of lnnisfil.
(hh)
"Roadway'' means the part of a Right of Way that is improved, designed or
ordinarily used for vehicular traffic, but does not include the curb, shoulder
or boulevard;
(ii)
"Road Cut" means a surface or subsurface cut in any part of a Right of
Way or Entranceway made by any means, including any excavation,
reconstruction, cutting, saw cutting, overlaying, crack sealing, breaking,
boring, directional drilling, jacking or tunneling operations;
UD
"Rural Road Section" means a road section which does not have curbs or
gutters, but may have a ditch;
(kk)
"Security'' or "Securities" means, the Performance and Maintenance
Guarantee provided in the form of one or more of the following: cash or
certified cheque, letter of credit, Visa or MasterCard payable to the Town of
lnnisfil, as further provided for under section 9.2 hereto;
(II)
"Settlement" or "Settled" means any sinking of the surface of a road cut in
relation to the grade of- the adjacent undisturbed Right of Way;
(mm)
"Shoulder" means that part of a Right of Way immediately adjacent to the
roadway and having a surface, which has been improved for the use of
vehicles with asphalt, concrete or gravel;
(nn)
"Sidewalk" means all parts of a Right of Way set aside by the Town for the
use of pedestrians;
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(oo)
"Temporary Entranceway" means an Entranceway onto a Right of Way
that provides access to property for a limited period, not to exceed 12
months, for the purpose of construction, repair or improvements to that
property or to facilitate a staged development;
(pp)
"Town" means the municipal Corporation of the Town of lnnisfil, including all
agencies and boards thereof, including but not limited to lnnServices Inc. and
lnnPower Corporation, or the geographic area as the context requires. The
Corporation of the Town of lnnisfil could be referred to as "lnnisfil," "Town of
lnnisfil" or "Town" in this By-law;
(ii)
"Town Standards" means The Town of lnnisfil Engineering Design
Standards and Specifications, as amended, and are intended as
Guidelines for land development and Town projects to aid in providing
uniform designs throughout the Town and are to be used in conjunction
with Ontario Provincial Standard Drawings (O.P.S.D.), Ontario Provincial
Standard Specification (O.P.S.S.) and Town of lnnisfil Standard Drawings
(T.0.1.S.D.s);
OD
"Town Treasurer" means the Treasurer for the Town of lnnisfil or his/her
authorized representatives/delegates;
(kk)
"Traffic Management Plan" means a standard document outlining the
particulars of proposed Work on any Right of Way within the Town of
lnnisfil. The Traffic Management Plan shall contain the information
respecting how the Applicant intends to comply with this By-law including
but not limited to the following:
(i)
start and completion times of work of the Works;
(ii)
specific location of the Works, including a key map;
(iii)
requirement to work during peak hours, if any;
(iv)
lane use requirements;
(v)
requirements for road closure;
(vi)
public notification undertaken;
(vii)
parking meters affected by the Work;
(viii)
requirement for temporary no stopping signs;
(ix)
identification of any bus route(s) and bus stops affected by the
Works;
(x)
traffic routing and detour requirements, where required, including a
map of all proposed detour routes; and
Page 10 of 40
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(xi)
a traffic protection plan compliant, at a minimum, with Ontario Traffic
Manual Book 7, and Worker protection.
(II)
"Urban Road Section" means a road section with curbs, gutters and a storm
sewer, but does not have ditches;
(mm)
"Utility Service Provider" means a board, commission, or corporation
that provides utilities under the authority of any statute, charter, By-law or
franchise;
(nn)
"Vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road
building machine, bicycle and any vehicles drawn, propelled or driven by any
kind of power, including muscular power, but does not include a motorized
snow vehicle or a street car.
(oo)
"Warranty'' means a guarantee by the Applicant that the Work for which a
permit has been issued has been carried out in accordance with the Town's
requirements; and
(pp)
"Work" or "Works" means any Works undertaken under a Right of Way
Activity Permit or Entranceway Activity Permit.
SECTION 2:
GENERAL
2.1
Except in accordance with a Permit issued pursuant to this By-law or in the
circumstances provided herein at sectiona. no Person other than the Town shall:
(a)
undertake any Right of Way Activity or Entranceway Activity within the Town
of lnnisfil;
(b)
on any Right of Way or Entranceway. throw, place or deposit by any means
whatsoever, or cause or suffer to be thrown, placed or deposited, snow, ice,
building material, dirt, glass, handbills, paper or other rubbish, refuse or
garbage, the carcass of any animal, or yard waste material;
(c)
place any obstruction in any ditch, gutter, culvert or watercourse on any road,
or obstruct or cause to be obstructed, any ditch, gutter, culvert or watercourse
on any Right of Way:
(d)
permit water to be discharged from a pipe on the persons property on, over
or across a sidewalk or pathway, or directly onto the travelled portion of a
Right of Way;
(e)
by any means whatsoever, damage or cause damage of any sort to any Right
of Way:
(f)
pave, gravel, or apply any other type of surfacing material, including
decorative pavement, to any part of a Right of Way, unless it forms part of
the Works for which the appropriate permit has been approved;
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(g)
use any portion of any Right of Way for the storage of materials or for the
building or erection of hoardings.
2.2
The Town may require the removal of any unauthorized object or obstruction built,
maintained, placed, deposited or planted on any Right of Way or Entranceway. by
the Person who built, maintained, placed, deposited or planted the object or
obstruction.
2.3
Where the Person(s) identified in section 2.2 refuses or fails to remove the
unauthorized object or obstruction, the Town may effect the removal and
remediation by any means, and any costs incurred by the Town in completing the
removal and/or remediation, together with any charges, damages (including
damages for injury), or other expenses payable to the Town arising out of its
completing the removal and/or remediation may be recovered in accordance with
the Enforcement Provisions at section 24 of this By-law.
2.4
Every occupant or land owner of every house, shop, building, lot or parcel of land,
and every person having charge or care of any church, school or public building,
shall:
(a)
keep the sidewalks on roadways fronting or abutting the premises clean
and free from any and all obstructions and other hazards, including but not
limited to snow, ice or debris; and
(b)
maintain the boulevard adjacent to their property by ensuring that same is
kept reasonably neat and tidy, free from rubbish, garbage, brush, waste,
litter, noxious weeds, excessive growths of other weeds and grass,
unsightly and unreasonably overgrown ground cover, hedges and bushes,
and/or other debris. This subsection is not meant to interfere with works
done at the direction of a conservation authority established under the
Conservation Authorities Act.
2.5
The Manager of Operations may temporarily close to traffic any Right of Way
whenever it becomes necessary, for reconstruction, repair, improvement,
emergency or other statutory authority, provided that:
(a)
Where a Right of Way. or portion thereof, is closed under this section, the
Town shall provide and keep in repair a reasonable temporary alternate route
for traffic and/or temporary access for property owners who cannot obtain
access to their property by reason of the closing.
(b)
While a Right of Way. or portion thereof, is closed to traffic under this section,
the Town shall erect any appropriate signage required by the Ontario Traffic
Manual or Highway Traffic Act.
2.6
No person shall:
(a)
Use a Right of Way, or portion thereof, that is closed to traffic and marked in
accordance with section 2.5; or
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(b)
Remove or deface any barricade, device, detour sign or notice placed under
section 2.5,
without prior authorization from the Manager of Operations.
2.7
Despite any other provisions contained in this By-law, the Town may alter, open,
or otherwise use or permit to be used any Right of Way for any civic purpose in
accordance with Town By-law No. 33-93 (the Festival and Parades By-law).
SECTION 3:
EXCEPTIONS
3.1
For any occupation of the Right of Way for the purpose of a Normal Farm Practice,
a permit shall not be required, however, the Person undertaking the Normal Farm
Practice shall comply with Ontario Traffic Manual Book 7, as amended, revised or
replaced.
3.2
Subject to section 3.3, a Right of Way Activity may be carried out without first
obtaining a Permit in the event of an emergency affecting public health and/or
safety.
3.2
Where a Right of Way Activity has been undertaken upon a Right of Way without
a Permit under section 3.2, the Person undertaking the Right of Way Activity shall,
on the same day the Work is commenced, or if the Town offices are closed, no
later than the start of the next business day, notify the Manager of Operations of
the following:
3.3
3.4
(a)
the name of the Person and any agents undertaking the Right of Way Activity
on behalf of the Person;
(b)
the nature of the Right of Way Activity:
(c)
the location of the Right of Way Activity:
(d)
the estimated duration of the Right of Way Activity: and
(e)
the reason for proceeding without obtaining a Permit and without providing
the required notice.
At the earliest opportunity following the Emergency Right of Way Activity. but no
more than 5 business days after the commencement of same, a Permit must be
applied for, in accordance with section 1 of this By-law.
The Manager of Operations may require any or all information to confirm the
validity of an Emergency Right of Way Activity. Should the Manager of Operations
determine that insufficient proof of an emergency was submitted or that the Right
of Way Activity was undertaken without an emergency affecting public health
and/or safety, the Applicant may be notified in writing that they have been deemed
Page 13 of 40
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to have conducted the Right of Way Activity without a Permit and are thus guilty of
an offence, in accordance with section 24 of this By-law.
SECTION 4:
ADMINISTRATION
4.1
The Applicant shall be responsible for ensuring that all provisions of this By-law,
and the terms of any applicable regulations, guidelines or policies made
hereunder, are met and that any Works are constructed, or acts are performed, in
accordance with the provisions of this By-law, any requirements of the Town under
the Permit.
4.2
An application for a Permit under this By-law shall be filed with the Manager of
Operations not less than five (5) business days in advance of the commencement
of any acts, Work or Right of Way Activities or Entranceway Activities for which the
Permit is required. When applying for a Permit under this By-law, the Applicant
shall provide,
(a)
a completed application in the prescribed form and payment of the permit
fee, pursuant to section 4.5 of this By-law;
(b)
proof of insurance, as required by section..z of this By-law;
(c)
proof of agency, if a third party submits the application on behalf of the
Applicant;
(d)
Traffic Management Plan, to be accepted by the Town, and updated as
required;
(e)
a sketch of the proposed location, which sketch shall provide enough
information to enable the Town to locate the proposed Right of Way Activity
or Entranceway Activity;
(f)
a contact telephone number, as required by section 1Q of this By-law; and
(g)
any other information as the Town may require from time to time, at its sole
and absolute discretion.
4.3
Where requested by the Town, an application for a Permit under this By-law shall
also include:
(a)
payment of a Working Deposit, the value of which shall be determined by the
Town as further provided in section§.;
(b)
Security, as required by section.§! of this By-law;
(c)
an estimate of the cost of Works, to be updated from time to time or upon
request of the Town, such estimate being preliminary only, and may be
changed or added to from time to time, at the discretion of the Town;
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(d)
designs, drawings, plans, specifications, reports and/or certificates prepared
by the Applicant and/or the Applicant's Consulting Engineer, as required and
to be approved by the Town;
(e)
confirmation by the Applicant's Consulting Engineer that the field layout is in
accordance with Town Standards and the approved engineering drawings;
(f)
approvals required from all other governmental authorities or agencies;
and/or
(g)
any other information as the Town may require from time to time, at its sole
and absolute discretion.
4.4
ASSIGNMENT
(a)
The Applicant cannot assign a Permit issued under this By-law without the
written consent of the Town. The Town will not unreasonably withhold its
written consent to any assignment provided:
(i)
the Applicant is at the time in good standing under the terms of this
By-law and any additional requirements under the issued permit;
(ii)
the Person or entity to whom the permit is proposed to be assigned
("Assignee") agrees in writing to assume all of the outstanding
obligations of the Applicant under this By-law and the permit
including, but not limited to, the Applicant's obligation to provide and
maintain securities to assure the due carrying out of the Works; and
(iii)
the Assignee shall pay to the Town any fees associated with the
assignment, at the sole and absolute discretion of the Town.
(b)
Upon any such assignment being completed, the Assignee shall become the
Applicant for the purposes of this By-law and the Permit. However, the Town
will not be required to return to the Applicant any of the securities deposited
until securities in a like amount and in a form satisfactory to the Town are
deposited with the Town by the Assignee.
(c)
If the Lands upon which Works are being undertaken are sold prior to the
completion of the Works, the Applicant shall obtain the purchaser's covenant
in writing to assume full and complete responsibility for the performance of
the Applicant's continuing obligations under this By-law and the Permit.
4.5
The fees for a Permit issued under this By-law, and for any inspections required
under it, shall be such amount as determined in the Town of lnnisfil Fees By-law
and shall be due and payable to the Town of lnnisfil at the time of application. No
permit shall be issued, or inspection carried out, until such fees have been paid
and there shall be no refund of any fees for any cause.
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4.6
The Town may refuse to grant a Permit to any Applicant for any of the following
reasons:
(a)
persistent and/or serious violations of any condition of a Permit previously
issued to the Applicant, or of any provisions of this By-law (or its predecessor)
applicable to a Permit previously issued hereunder (or under the predecessor
By-law);
(b)
where Roadway construction, reconstruction or resurfacing has occurred
within the previous three years of the proposed Right of Way Activity or
Entranceway Activity;
(c)
such other reason as the Town may deem proper which reason shall be
delivered in writing to the Applicant, if so requested.
4.7
Where the Town finds,
(a)
a violation of any condition of the Permit or of any provision of this By-law;
(b)
a violation of any provision of any other law relating to the Works;
(c)
the existence of any condition or the doing of any act constituting or
creating a nuisance or endangering the lives or properties of others;
(d)
that the Permit has been issued on mistaken, false or misleading
information; or
(e)
that the Work is not carried out in a diligent and workmanlike manner,
the Town shall provide written notice of the violation and may, in its sole and
absolute discretion, grant a period of not more than fourteen (14) days to correct
the violation, or revoke the subject permit(s).
4.8
Where notice of the revocation of a permit or permits has been issued under
subsection 4.7, the Applicant must immediately cease and desist from carrying out
any Works, Right of Way Activities and/or Entranceway Activities and immediately
restore the Right of Way/Entranceway or portion thereof to Town Standards, which
is the same as or better than its original condition. Such restoration shall be carried
out at the Applicant's sole expense, and if the Applicant should fail to carry out
such restoration, the Right of Way/Entranceway shall be restored to Town
Standard by the Town, and the entire cost of so doing shall be paid by the
Applicant. When such restoration is completed, the Applicant may reapply for a
new Permit.
4.9
Right of Way Activity Permits expire one minute after the date and time provided in
the Permit for the conclusion of the Works. A Right of Way Activity Permit may be
extended upon written request provided to Manager of Operations at least 24 hours
in advance of the current conclusion date. In the event of a plan of subdivision for
which draft approval has lapsed, any Right of Way Activity Permit issued applicable
to the plan will become null and void.
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4.9
Entranceway Activity Permits expire 12 months after the date of issue if the
Entranceway Activity is not completed. An Entranceway Activity Permit may be
extended for one year from the date of issue upon written request. In the event of a
plan of subdivision for which draft approval has lapsed, any Entranceway Activity
Permit issued applicable to the plan will become null and void.
SECTION 5:
CONSUL TING ENGINEERS
5.1
The Town, in its sole and absolute discretion, may require that the Applicant retain the
services of a Consulting Engineer. The Applicant's Consulting Engineer shall be a
Professional Engineer employed by the Applicant to:
(a)
represent the Applicant in all matters pertaining to the Works;
(b)
design all Works;
(c)
prepare and furnish all drawings, plans, specifications, reports and
certificates as required by the Town, or pursuant to this By-law, at any time
and from time to time;
(d)
obtain all approvals required from all other governmental authorities or
agencies;
(e)
provide the full-time site inspection of the construction of all Works;
(f)
confirm the field layout, materials selection and installation of the Works are
all in accordance with Town Standards and the approved engineering
drawings;
(g)
maintain all records of construction and provide daily inspection reports to
the Town;
(h)
advise the Town, prior to installation of the Works, of all construction
changes and/or deviations to the Town Standards, and provide final
measurements upon completion of the Works;
(i)
provide the Town with "as-constructed" drawings as required under this By
law and when, at the Town's sole and absolute discretion, there appear to
be deficiencies in the drawings upon completion of the construction of the
Works;
(j)
provide the certification of all Works stamped by the Applicant's Consulting
Engineer;
(k)
act as the Applicant's representative in all matters pertaining to the
construction of the Works; and
(I)
perform such additional functions and services as may be required
pursuant to this By-law.
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5.2
The Town may, at its discretion, retain the services of its own Consulting Engineer
through a competitive and transparent process to assist in the administration and
technical review of this By-law and the Permit, including conducting site inspections
during the course of the Works. The Town's Consulting Engineer acts as an agent
for the Town. The Applicant shall reimburse the Town for the costs incurred by the
Town for the services of the Town's Consulting Engineer.
SECTION 6:
NOTICE REQUIREMENTS
6.1
No Works shall be undertaken at a job site without the Permit on-site and available
for inspection by the Town or its agents.
6.2
The Applicant shall, if requested by the Town, display at the job site an easily-read
sign showing the names of:
(a)
the Applicant;
(b)
the person(s) or contractor performing the Right of Way Activity or
Entranceway Activity: and
(c)
the name of the entity for which the Right of Way Activity or Entranceway
Activity is being undertaken.
6.3
Where a Right of Way Activity or Entranceway Activity affects or may affect private
property or its access or egress, the Applicant shall, at least two (2) business days
prior to commencing such activity, provide a written notice to the resident of the
affected property including:
(a)
the description of and rationale for the Works;
(b)
the approximate start date of the Works;
(c)
the duration of the Works;
(d)
any access restrictions and service interruptions; and
(e)
contact information for the Applicant.
6.4
Where the Work is of a major nature or duration and will cause general
inconvenience to residents and businesses, the Applicant shall, at least ten (1 O)
business days prior to commencing the Work, provide a written notice to every
resident and business located within an area identified by the Town. Such notice
shall include:
(a)
the description and rationale for the Work;
(b)
the approximate start date;
(c)
the duration of the Work:
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(d)
access restrictions and service interruptions; and
(e)
contact information for the Applicant.
SECTION 7:
INSURANCE
7.1
Prior to the commencement of any Works under a Permit, and until such time as
those Works have been completed in accordance with this By-law and the Permit,
the Applicant and all contractors/sub-contractors shall obtain and maintain insurance
coverage as outlined below, provided by (an) insurance company/ies licensed to
transact business in the Province of Ontario and of satisfactory financial standing to
the Town. Evidence of such insurance shall be provided to the Town in the form of
a Certificate of Insurance signed by an authorized signatory prior to the
commencement of any Works and annually thereafter for the duration of the Permit.
(a)
Commercial General Liability insurance policy with limit of not less than
$5,000,000.00 per occurrence/$10,000,000.00 aggregate that insures
against third party claims for bodily injury (including death), personal injury
and/or property damage as a result of actual or alleged negligence of the
Applicant and/or its contractors/subcontractors. This policy shall include:
(i)
The Corporation of the Town of lnnisfil as Additional Insured (in the
case of Right of Activity Permits, lnnservices Inc. shall also be named
as Additional Insured);
(ii)
Cross Liability/Severability of Interests Clause;
(iii)
Contractual Liability;
(iv)
Minimum thirty (30) days' written notice of cancellation or non
renewal to the Town;
(v)
Completed Operations Hazard with aggregate limit of not less than
$5,000,000.00;
(vi)
At the discretion of the Town, either
i.
Environmental Impairment Liability (not limited to sudden and
accidental) in an amount of not less than $5,000,000.00 per claim,
or,
ii. Contractors' Pollution or Sudden and Accidental Pollution with
120-hour reporting;
(vii)
No exclusions or restrictions for XCU (explosion, collapse or
underground), damage to existing structure or operations involving
roadways; and
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(viii)
Contingent Employers' Liability;
(b)
Non-Owned Automobile Liability (SPF 6) insurance policy with limit of not
less than $5,000,000.00 per occurrence; and
(c)
Owned Automobile (OAP 1) insurance policy with third party liability limit of
not less than $5,000,000.00 per occurrence that includes all statutory
coverages (third party liability, accident benefits, direct compensation
property damage, and uninsured automobile) for all licensed vehicles owned
or leased by the Applicant and/or its contractors/subcontractors and used in
execution of the Works.
7.2
The Town reserves its right to vary from, in its sole and absolute discretion, the
minimum limits required under section 7.1.
SECTION 8:
WORKING DEPOSIT
8.1
Where requested by the Town, and within three (3) business days of such request,
the Applicant shall provide a Working Deposit, in an amount determined by the
Town, by certified cheque, to be held by the Town on account of any costs incurred
by the Town in relation to the Permit including its administration ("Working
Deposit"). The Town reserves the right to review the value of the Working Deposit.
Should at any time the Town determine that the value of the Working Deposit needs
to be increased, the Town shall request that the Applicant pay to the Town, by
certified cheque, such further amounts as required to reflect the amended value, and
if such amounts are not paid by the Applicant within thirty (30) days, the Town shall
draw upon the Security posted pursuant to sectionc to reflect the amended value.
In addition, the Town shall cease all Works until the Security is replenished.
8.2
In addition to any means, process or recourse available to the Town, including any
means, process or recourse provided by this By-law and/or the Fees By-law, the
Town shall render monthly invoices to the Applicant for Town costs incurred ("Town
Invoice") and the Town shall then immediately draw on the Working Deposit to pay
the amount owing as set out in the Town Invoice.
8.3
The Applicant shall, within thirty (30) days of the issuance of the Town Invoice,
provide payment in the full amount of the Town Invoice to the Town to replenish the
Working Deposit to an amount provided at the discretion of the Town.
8.4
If the Working Deposit is depleted, the balance is deemed insufficient at the sole and
absolute discretion of the Town, the Town shall draw from the Security an amount
that will return the Working Deposit to an amount deemed acceptable by the Town.
In addition, the Town may issue a Stop Work Order (if required, at the sole and
absolute discretion of the Town) until payment in full is received, all accounts are in
good standing, and the Security is replenished.
8.5
If the Working Deposit is depleted, outstanding accounts shall be due and payable
within thirty (30) days after same are rendered by the Town and failure to pay such
accounts within thirty (30) days from the date thereof shall result in interest being
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added thereto at the rate of 1.25 percent per month (fifteen percent per annum), until
such time as payment in full is received by the Town or, in the opinion of the Town
Treasurer, additional and sufficient Security is posted in accordance with this By
law, whereupon the Town may immediately draw on such additional and sufficient
Security to pay such account or accounts. Nothing in this By-law shall be interpreted
to remove the Applicant's right to dispute an account rendered by the Town in
connection with the Town's costs.
8.6
The Working Deposit shall be returned to the Applicant once all accounts have been
paid in full and the Maintenance Period have been paid in full.
SECTION 9:
SECURITY
9.1
The Applicant shall maintain or repair the Works completed under the terms of the
permit and the conditions applicable under this By-law until the expiry of the
Maintenance Period.
9.2
To guarantee the restoration, upon request of the Town, and within three (3) days of
such request, the Applicant shall deposit with the Town a Performance and
Maintenance Guarantee in the form of cash, or a Letter of Credit from a Chartered
Bank in a form acceptable to the Town but no less than one hundred and twenty
percent (120%) of the total cost of the proposed Works, or such other amount as
determined in the Town's sole and absolute discretion, to cover the faithful
performance of the terms of the Permit including maintenance, repair and restoration
carried out by the Applicant and every other obligation arising under and imposed
upon the Applicant by this by law or any permit issued under this By-law, as
determined by the Town. Such Performance and Maintenance Guarantee shall be
provided prior to the issuance of any Permit under this By-law.
9.3
If additional funds are required above and beyond the Security deposit to complete
the Work, the Town may request that the Town Treasurer include any part of the
fees and charges imposed by the Town to the tax roll pursuant to the provisions of
sections 398 and 446 of the Municipal Act, 2001.
9.4
The Applicant may request a reduction in the total amount of Security being held by
the Town pursuant to this By-law provided the following conditions are satisfied:
(a)
The Town is satisfied that the Works have been substantially completed in
accordance with section gj_ hereto; and
(b)
all accounts with the Town are in good standing.
9.5
Prior to any reduction in Security being processed the Town may request satisfactory
completion of any or all of the following:
(a)
the Applicant shall publish the Certificate of Substantial Performance in
accordance with the regulations pursuant to Section 32(1) of the
Construction Act and provide the Town with a copy of the publication. ;
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(b)
the Applicant shall provide the Town with a satisfactory Certificate of
Clearance from the Workplace Safety and Insurance Board;
(c)
the Applicant shall provide the Town with a Statutory Declaration that all
accounts for services and materials have been paid, except for statutory
holdbacks;
(d)
there must be no claims for liens or otherwise in connection with Work done
or materials supplied for or on behalf of the Applicant in connection with the
Works; and
(e)
the Works under the Permit have been certified by the Town as complete
and acceptable.
9.6
With each request for a reduction, the Applicant or the Applicant's Consulting
Engineer shall provide an updated estimate of the cost to complete the Works. This
estimate will be reviewed by the Town, and provided the Applicant is not in default
of any of the requirements of this By-law or the Permit, the Town may proceed to
reduce the Securities to the amount being the cost of the Works that have not been
constructed.
9.7
A fifteen percent (15%) minimum holdback will be required for all completed Works
to be released upon final approval by the Town. Notwithstanding provision of a
Certificate of Substantial Completion issued in compliance with this By-law or the
expiry of the Maintenance Period, the Town may nonetheless retain part of all of the
holdback if, in the opinion of the Town, the provisions of this By-law and/or the
provisions contained within the Permit have not been complied with.
9.8
The Town may refuse to release the remaining Security pursuant to section 9.7
following completion of the Maintenance Period, unless the Applicant has complied
with all of its obligations under this By-law and is not in contravention of any other
applicable laws.
SECTION 10: CONTACT INFORMATION AND CUSTOMER SERVICE
10.1
The Applicant shall maintain and answer a telephone at all times (24 hours, seven
days a week) during the period for which the Applicant is responsible for the Works.
10.2
The Applicant's address, as shown on the Permit Application, shall be the address
used for any notices provided under this By-law. It is the Applicant's sole obligation
to update the Applicant's address.
10.3
The Applicant shall respond to all emergency customer service inquiries related to
the development immediately and investigate within twenty-four (24) hours of the e
mail notification from the Town. All notices from the Town will be sent to the
Applicant. Any emergency customer service inquiries not responded to within
twenty-four (24) hours will be responded to by the Town.
10.4
The Applicant shall respond to all non-emergency customer service inquiries related
to the development within forty-eight (48) hours of e-mail notification from the Town.
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All notices from the Town will be sent to the Applicant. Any non-emergency
customer service inquiries not responded to within forty-eight (48) hours will be
responded to by the Town.
SECTION 11: PERMIT CONDITIONS
11.1
The following general conditions are to be applied in addition to any other conditions
provided for in this By-law or any specific conditions contained within the Permit:
(a)
It shall be at the sole and absolute discretion of the Town to determine when
a Right of Way Activity or Entranceway Activity shall commence and during
which days and hours the Right of Way Activity or Entranceway Activity can
be carried out.
(b)
Prior to the issuance of any Permit under this By-law, the Applicant shall
ensure that:
(i)
all current property taxes and arrears of property taxes assessed or
charged against the Lands have been paid;
(ii)
all charges with respect to existing local improvements, assessed
against the Owner, the Applicant or the Lands or any adjacent lands,
are commuted and paid, if in the opinion of the Town such charges
for local improvements should be commuted and paid; and
(iii)
unless otherwise collected under the Development Charges Act or
paid for by the Owner and/or the Applicant, all of the Owner's and
Applicant's obligations or any of the Town's share of any obligations
or charges levied against the Owner, the Applicant or the Lands under
the Tile Drainage Act, the Drainage Act, Ontario Regulation 586/06
under the Municipal Act, and any sewer frontage capital charges,
water frontage capital charges, weed cutting charges, burning
charges, hydro arrears, water user fees, sewer user fees or business
licensing fees, and any other fees assessed against the Lands.
(c)
The site of any Works undertaken under a Permit shall be kept clean and
safe, and sources of dust and mud controlled at all times until the final
reinstatement has been completed. All dust and mud nuisance that is tracked
from the site shall be promptly cleaned.
(d)
Prior to commencing the Works, the Applicant shall provide:
(i)
A minimum of fourty-eight (48) hours' notice to the Town; and
(ii)
A construction schedule identifying all Works to be completed.
(e)
The Applicant shall comply with and be bound by the provisions and the
requirements of all applicable regulatory agencies having jurisdiction as well
as any applicable statutes, laws, By-laws, regulations, ordinances, orders
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and requirements of governmental authorities having jurisdiction. Without
limiting the generality of the foregoing, the Applicant shall comply with, and
shall cause to be complied with, the provisions of the Occupational Health
and Safety Act, the Environmental Protection Act and the Ontario Water
Resources Act and any regulations, policies and guidelines relating thereto,
including all obligations of the constructor and employer under the
Occupational Health and Safety Act and its regulations, as applicable, and
any obligation to obtain any approval or permit required under the
Environmental Protection Act or the Water Resources Act or any regulations,
. policies or guidelines thereto. The Applicant further shall handle and dispose
of all materials used in performing the Works in accordance with the
foregoing legislation.
(f)
All Persons employing or using trucks or other vehicles entering or leaving
construction sites for any purpose whatsoever, shall immediately remove
from the Right of Way any rubbish, earth, or other material which has fallen
from such vehicles.
(g)
The Applicant shall comply with and be bound by the provisions of the
Ontario Traffic Manual.
(h)
No Applicant shall place material on any Right of Way at any time or in a
location where, in the opinion of the Town, it will create a traffic or safety
hazard.
(i)
Where two (2) or more connections for sewer or water are to be made, the
Town may state the order in which these connections are made. The lowest
utility should be generally built first.
U)
All Works shall be completed to Town Standards and O.P.S.S. Town
Standards shall take precedence over O.P.S.S.
(k)
It shall be the sole responsibility of the Applicant to request, from the
appropriate Utility Service Provider, marking or other location information to
determine the location of and provide safeguards for all utilities. Should the
Applicant cause damage to any such utilities, the entire cost and
responsibility of restoring any such utilities shall be at the sole expense of the
Applicant.
(I)
No person shall build or permit to be built or maintain any fences on any
Town Right of Way, with the exception of temporary tree preservation, snow
or construction fences.
11.2
The following conditions may be applied, in the sole and absolute discretion of the
Town, in addition to any other conditions provided for in this By-law or any specific
conditions contained within a Right of Way Activity Permit:
(a)
Prior to commencing the Works, the Applicant shall facilitate a pre
construction meeting with the Town, lnnServices Utilities Inc. ("lnnServices"),
the Applicant's Consulting Engineer and the Contractor.
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(b)
Prior to commencing the Works, the Applicant shall provide a materials list
for all Works for review and approval by the Town and lnnServices.
(c)
The Applicant shall have a Geotechnical Engineer specify suitable materials
and methods for backfill and subgrade preparation.
(d)
During construction of the Works, the Applicant shall arrange for
geotechnical testing covering the following:
(i)
materials and compaction testing;
(ii)
concrete testing; and
(i)
asphalt testing.
A mix design for the concrete and asphalt is to be submitted to the Town and
approved in advance of the works.
(e)
Following completion of the Works, a letter stamped by a Professional
Engineer shall be provided to the Town summarizing the observations and
the test results and providing the Certification of the Works, as required under
this Agreement.
(f)
Following construction of the works, the Applicant shall complete a camera
inspection of the newly installed sanitary service(s) and provide to
lnnServices for review and approval. CCTV of storm sewer and services is
to be provided to the Town. Refer to the Town of lnnisfil Engineering Design
Standards and Specifications Manual Appendix D for CCTV requirements.
(g)
Prior to commencing the Works, the Applicant shall ensure that the
necessary funds have been deposited for the installation and connection to
the municipal water system, municipal storm sewer system or municipal
sanitary sewer system.
(h)
Prior to commencing the Works, the Applicant shall confirm the location,
inverts, material type and size of all existing sanitary and watermains and
services on the Lands.
Any discrepancies shall be at the Applicant's
expense, reported to the Applicant's Consulting Engineer and included and
noted on the as-built drawings. If the existing infrastructure cannot be
located, CCTV may be required to confirm location and size of the sewer or
services.
(i)
Watermain commissioning is to be completed by a third party with operators
who hold a Water Distribution Class 1 License or higher.
A watermain
commissioning plan is to be submitted to lnnServices for approval for
watermain pipes of 100mm and greater. The plan must be submitted two (2)
weeks prior to commissioning.
Please refer to lnnServices Watermain
Connection
and
Commissioning
Standards
Manual
for
additional
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requirements. Watermain commissioning is to be witnessed by lnnServices
and the Applicant's Consulting Engineer.
U)
The Applicant shall provide a minimum of forty-eight (48) hours' notice to
lnnServices prior to connecting to any watermain, sanitary sewer or service.
or service. lnnServices and the Applicant's Consulting Engineer must be
present for connection to a municipal system.
(k)
Prior to the issuance of substantial completion of the Works, the Applicant
shall submit as-built drawings, verified by the Applicant's Consulting
Engineer, of the newly installed service(s). These drawings will at a minimum
include the following:
-
size, type and class of pipe;
-
length of pipe;
-
type and location of fittings;
-
elevation of new pipe/fittings;
-
location of restraints and thrust blocks for watermain;
-
type of backfill used;
-
dimensions of installed services to existing hard features; and
-
additional connections/tie-ins to be shown on the plan and profile
drawings
(I)
Prior to the issuance of substantial completion of the Works, the Applicant
shall submit completed Service Record Sheets, verified by the Applicant's
Consulting Engineer. These sheets are available from lnnServices.
(m)
Any other condition, as the Town may determine in its sole and absolute
discretion.
SECTION 12:
ENTRANCEWAY ACTIVITY PERMIT CONDITIONS
12.1
NEW ENTRANCEWAYS
(a)
Subject to the provisions of this By-law, Entranceway Activity Permits may
be issued:
(i)
for existing lots where no access has been previously established;
(ii)
for new Entranceways onto Town-owned Roadways; and
(iii)
where, in the opinion of the Town, the proposed new Entranceway
is equal or superior to an existing Entranceway.
(b)
Direct access from single lots onto a Right of Way from a new plan of
subdivision are not permitted, except where permitted under the subdivision
agreement.
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12.2
TEMPORARY ENTRANCEWAYS
(a)
Entranceway Activity Permits may be issued for the construction of a
Temporary Entranceway. Temporary Entranceway Activity Permits, when
issued, will be clearly marked as ''Temporary'' and will specify the date of
expiry. In the event that the applicant requires an extension to the expiry date
of a Temporary Entranceway Activity Permit, the Applicant may apply in
writing requesting an extension, provided this application is made at least 15
days prior to the current expiry date. The Applicant will be required to submit
the applicable fee for the entrance classification. The Town may require
Security for the construction of Temporary Entranceways as a condition of
approval, the amount of which shall be determined by the Town, in its sole
and absolute discretion.
(b)
Upon the expiry of a Temporary Entranceway Activity Permit, the Applicant
will be required to remove the Temporary Entranceway and to restore the
Right of Way to its original or better condition as required by the Town's sole
and absolute discretion.
(c)
If at the expiry of a Temporary Entranceway Activity Permit, the Applicant
fails to remove the Temporary Entranceway and restore the Right of Way to
its original condition, the Town may use the Security to perform the Works
on the Applicant's behalf. If additional funds are required above and beyond
the Security to complete the Work, the Town may request that the Town
Treasurer include any part of the fees and charges imposed by the Town to
the tax roll pursuant to the provisions of sections 398 and 446 of the
Municipal Act, 2001.
12.3
ENTRANCEWAY LOCATIONS
(a)
Unless, in the opinion of the Town, public safety or good planning practice
dictates otherwise, Entranceways onto a Right of Way must be a minimum
of:
(b)
(i)
15 metres from an Intersection for rural road sections, farm or field
lots;
(ii)
7.5 metres from an Intersection for urban road sections, commercial,
institutional, industrial or multi-unit residential lots;
(iii)
15 metres from an "at grade" railway crossing (measured from centre
line of Entranceway to the property line abutting the railway right-of
way); and
(iv)
1.5 metres from lot lines, or any road structure or appurtenances.
Unless, in the opinion of the Town, public safety dictates otherwise,
Entranceways onto a Right of Way are not permitted:
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(i)
adjacent to a lane which is identified for the purpose of an exclusive
turning movement including, but not limited to, channelization,
acceleration or deceleration;
(ii)
where Minimum Sight Distance requirements are not met; and
(iii)
where the Entranceway would violate the design guidelines of the
M.T.O., the Transportation Association of Canada and the Town,
whichever guideline is more restrictive.
(c)
The Town may restrict the placement of an Entranceway onto a Right of
Way in the interest of public safety. New Entranceways must be located so
as to provide, in the opinion of the Manager of Operations:
(i)
no undue interference with the safe movement of public traffic,
pedestrians, or other users of the Right of Way; and
(ii)
favorable vision, grade, and alignment conditions for all traffic using
the proposed Entranceway to the Right of Way.
12.4
ENTRANCEWAY$ ADJACENT TO BRIDGES
(a)
An Entranceway adjacent to a bridge or other structure which may interfere
with the clear vision of traffic using the Entranceway must be located so that
it meets the Minimum Sight Triangle Requirements identified in the MTO
Geometric Design Standards for Ontario Highways.
12.5
EXCEPTIONS FOR ENTRANCEWAY$ ON EXISTING LOTS
(a)
Upon receipt of a written request for same and payment of any applicable
fees, the Town may grant an exception for a proposed Entranceways on
existing lots where Minimum Sight Distance requirements cannot be met.
The decision of the Town is final and binding.
12.6
ENTRANCEWAY STANDARDS
(a)
(b)
(c)
(d)
The maximum width of a Commercial Entranceway is 9.0 metres, unless
otherwise approved by the Manager of Operations.
Residential Entranceways must be constructed and have a width in
accordance with the Town Standards.
Dimensions and standards for Entranceways onto or from Agricultural Lands
shall be at the discretion of the Town.
The size of an Entranceway culvert shall be as directed by the Manager of
Operations. The length and diameter of the culvert will be based on site
conditions and drainage flow volumes.
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(e)
Entranceway construction materials and designs must meet O.P.S.S. or
Town Standards. Town Standards shall take precedence over O.P.S.S.
(f)
If the Entranceway requires a bridge (greater than 3-metre span), the design
of the bridge must be prepared and reviewed by a qualified professional
engineer and shall conform to the Canadian Highway Bridge Design Code
and is subject to the approval of the Manager of Operations.
(g)
All Entranceway culverts must be constructed to the proper grade to provide
the free and unimpeded flow of water through the culvert.
(h)
Headwalls shall only be permitted in the sole and absolute discretion of the
Town.
(i)
Each Entranceway to a Right of Way must be designed, constructed and
maintained in a manner that will prevent surface water from being discharged
via the Entranceway or adjoining property onto the Right of Way.
0)
Only one (1) Entranceway shall be permitted per residentially zoned lot in a
settlement area as defined by the Town of lnnisfil Official Plan and zoned R1,
R1A, R2, R3, RS, RT, excluding an Entranceway to access a garage by a
rear lane (By-law 031-17).
(k)
All Entranceway culverts must be installed in accordance with Town
Standards, except where the Town directs otherwise, in writing.
12.7
SIGHT DISTANCES
All new Entranceways must meet all of the minimum requirements for sight distances
as called for in the M.T.O. Geometric Design Standards for O.P.S.S. or Town
Standards, whichever is more stringent.
SECTION 13: ROAD, ASPHALT AND CONCRETE CUTS
13.0
TIMING OF ROAD CUTS
Road Cuts shall not be permitted between November 15th and May 1st of every
calendar year, unless permitted by the Town, in its sole and absolute discretion.
13.1
Where Works require one or more Road Cuts, the following provisions will apply:
(a)
The Applicant shall open a Road Cut in such a manner as to do the least
possible damage to the Right of Way and to any utility or municipal service,
unless otherwise directed by the Town;
(b)
The Works shall proceed expeditiously, and no Applicant shall allow a Road
Cut to remain open for more than twenty-four (24) hours unless the Works
are actively in progress; and
(c)
Where the proposed Works require more than one Road Cut:
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(i)
the Town reserves the right to issue a single Permit or multiple
Permits for the Works; and
(ii)
the Town may determine the order in which the Work is to be
performed.
(d)
Where a Road Cut is made in any rigid concrete surface, the Applicant shall
break out and remove all concrete:
(i)
to the nearest expansion joint, or contraction joint, using a concrete
saw if necessary, to provide on all sides of the Road Cut, a clean
vertical surface; or
(ii)
as specified by the Town.
(e)
Where a Road Cut is made in asphalt pavement, the asphalt shall be cut with
a mechanical cutting device to produce:
(i)
a rectangular opening with edges which are vertically straight; and
(ii)
a cut, which is large enough to accommodate the proposed Works
without undermining the adjacent asphalt pavement.
(f)
Where boring, directional drilling, jacking or tunneling is used for any
subsurface cut:
(i)
the method used shall be approved by the Town; and
(ii)
if a cave-in, settlement or heaving results there from, the surface in
the affected area shall be removed and reinstated by the Applicant in
accordance with this By-law to the satisfaction of the Town.
SECTION 14: INTERIM TESTING AND INSPECTION
14.1
The Town may make site inspections as deemed necessary to ensure that the Works
are being completed in a manner acceptable to the Town and in compliance with
good engineering practice and the accepted drawings and specifications as well as
Town Standards.
14.2
The Town may at any time require an Applicant to provide at the Applicant's
expense:
(a)
test reports, from a testing laboratory satisfactory to the Town, showing the
degree of compaction that has been achieved; or
(b)
a certificate from an engineer, or from a testing laboratory satisfactory to the
Town, certifying that the Works have been performed in accordance with this
By-law.
14.3
Upon request by the Town, the Applicant shall provide updated designs, drawings,
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plans or specifications for review.
14.4
The Applicant shall be responsible for payment to the Town for its inspection charges
as shown in Town's Fees By-law.
SECTION 15: EMERGENCY REPAIRS
15.1
If the Town is of the opinion that a Road Cut reinstatement or lack of reinstatement,
has created an emergency situation which can cause damage to vehicles or
endanger the public, the Town may protect the area and:
(a)
make immediate repairs; or
(b)
telephone the Applicant using the telephone service provided by the
Applicant as required by section .1Q, advising the Applicant as to the repairs
which must be carried out.
15.2
All repairs done by the Town pursuant to subsection 15.1 shall be at the expense of
the Applicant and the costs of the Town shall be paid by the Applicant forthwith on
demand failing which the costs shall be deducted from the Security.
SECTION 16: PROTECTION OF TREES
16.1
For the proposes of subsections 16.2 to 16.4, inclusive:
(a)
the "Protection Zone" the area measured from the trunk of the tree using
the following standard:
DBH
Distance
10 cm
1.0 m
11-25 cm
1.5 m
26-40 cm
2.0m
41-60 cm
2.5 m
61-80 cm
3.0m
81 cm+
4.0m
(b)
"DBH" means "diameter at breast height" and refers to the diameter of the
stem of a tree measured at one hundred and thirty-seven centimetres (137
centimetres) above the ground in an undisturbed state at the base of the tree.
(c)
The Protection Zone only applies to soft landscaped areas, and does not
extend over sidewalks, roads or driveways.
16.2
Subject to section 16.3, no Applicant shall carry out Work within the Protection Zone
of a Town owned tree without authorization from the Town.
16.3
If the Applicant must carry out Work within the defined Protection Zone of a Town
owned tree, the Applicant shall tunnel or bore under the Protection Zone whenever
possible or implement mitigation procedures as prescribed by the Town.
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16.4
The Applicant shall protect all trees from materials, equipment and changes in the
grade of soil within the Protection Zone by the placement of protective fencing where
applicable.
16.5
No Applicant shall remove, trim or alter any tree on the Right of Way unless
authorization is first received from the Town.
16.6
If a tree is removed, or damaged and must be replaced, as determined by the Town,
the Applicant shall be responsible for removing and replacing the tree at his or her
expense and shall pay to the Town the value of the removed tree.
16.7
For the purposes of subsection 16.6, a replacement tree shall have a minimum
diameter of sixty millimetres measured at DBH (Diameter at Breast Height) and shall
be of a species approved by the Town. The value of the tree to be replaced will be
determined by the Town.
16.8
Where the physical conditions are such that the Applicant cannot comply with the
provisions either subsections 16.2, 16.3 or 16.4, the Town may approve alternative
methods to maximize the protection of trees.
SECTION 17: DUST AND MUD CONTROL
17.1
Dust and mud control will be provided by the Applicant, at the Applicant's expense,
in order to prevent any dust or mud problems to traffic, home occupants or roads,
including, but not limited to, application of dust suppressant to the roads, mud mats
and cleaning the roads if paved, in quantities or at intervals as determined by the
Town. The expected cost of dust and mud control is included in the estimated cost
of the Works. If the Applicant has not taken remedial actions within forty-eight (48)
hours of receiving a written notification from the Town regarding a dust or mud
control problem related to the Works, then the Town may employ outside forces to
implement suitable measures of dust and mud control at the Applicant's expense.
SECTION 18: WARNING DEVICES, BARRICADES AND TRAFFIC SIGNS
18.1
Prior to the commencement of any Works, the Applicant shall supply, erect and
maintain warning devices, barricades and traffic signs where applicable, in
accordance with the Occupational Health and Safety Act, and any applicable
provincial traffic regulations, including but not limited to those in the Ontario Traffic
Manual.
18.2
If the Applicant fails to comply with subsection 18.1, the Town may order the erection
and maintenance of any warning devices, barricades and signs considered
necessary at the Applicant's expense, and the cost thereof shall be paid by the
Applicant forthwith on demand or deducted from the Security.
SECTION 19: CLOSURE TO TRAFFIC
19.1
No Applicant shall close a Right of Way to traffic or one direction of traffic on a divided
Right of Way unless:
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(a)
the written consent of the Manager of Operations to the closing is obtained;
and
(b)
the Town, on behalf of the Applicant, has notified the South Simcoe Police
Service, lnnisfil Fire and Emergency Service, Ambulance Service, and any
other person, department or agent requiring notice, from time to time affected
by the occupancy, or the commencement and termination of the activity.
SECTION 20: REINSTATEMENT AND BACKFILL REQUIREMENTS
20.1
The Applicant shall be responsible for:
(a)
the temporary and permanent reinstatement of a Road Cut subject to the
provisions of this By-law;
(b)
the maintenance of temporary reinstatements, as provided for in this bylaw,
on every Road Cut which on or after November 15th in any year is not in a
condition to be permanently reinstated, and is carried over for permanent
reinstatement prior to May 1 st of the following year; and
(c)
the employment of a Contractor who shall meet the approval of the Manager
of Operations.
20.2
All reinstatements shall be done to current Town Standards and O.P.S.S. Town
Standards shall take precedence over O.P.S.S.
20.3
All reinstatements shall be completed to the satisfaction of the Town.
20.4
Temporary surfacing of a Right of Way with asphalt, concrete, or surface treated
surface shall meet the following requirements:
(a)
the Road Cut shall be temporarily reinstated immediately after backfilling is
completed;
(b)
the reinstatement shall be to the same level as the adjacent surface; and
(c)
prior to the Right of Way being opened to traffic the Road Cut shall be
surfaced with hot mix asphalt, concrete, or, if hot mix asphalt is unavailable,
with emulsified cold mix asphaltic material, rolled and compacted to a
smooth, flat condition, using commonly accepted practices and standard
tamping or rolling equipment.
20.5
A Right of Way shall be reinstated with:
(a)
the same or better type of material, as determined by the Town, and to the
same thickness as the adjoining construction when originally constructed; or
(b)
material of a thickness that has been approved by the Manager of
Operations.
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20.6
On all Roadways only non-compressible backfill shall be used at any time.
20.7
Final reinstatement of cuts made in asphalt and surface treated areas of Rights of
Way shall meet the following requirements:
(a)
final reinstatement shall be undertaken immediately after backfilling, and
unless otherwise specified by the Manager of Operations, resurfacing shall
be in accordance with the Town standards;
(b)
despite the provisions of paragraph (a) hereof, the Town may allow the
Applicant to resurface at a later date because of supply, weather or other
conditions beyond the control of the Contractor or Applicant;
(c)
the asphalt shall be laid in accordance with all applicable the Town Standards
and O.P.S.S. Town Standards shall take precedence over O.P.S.S.;
(d)
a tack coat product and/or joint sealer shall be applied to all joints and
between asphalt layers during the placement of new asphalt.
(e)
the Road Cut shall be reinstated to the same level as the adjacent surface
and the riding surface shall be to the satisfaction of the Town.
20.8
Final reinstatement of cuts in areas of Rights of Way with a Portland Cement
concrete surface shall meet the following requirements:
(a)
final reinstatement shall be undertaken immediately after backfilling by
resurfacing with Portland cement concrete with nominal minimum design
strength in conformity with the Town Standards and O.P.S.S. unless
otherwise specified by the Town;
(b)
despite paragraph (a) hereof, the Town may allow the Applicant to resurface
at a later date because of supply, weather or other conditions beyond the
control of the Applicant;
(c)
the concrete shall be placed in accordance Town Standards and O.P.S.S.
Town Standards shall take precedence over O.P.S.S; and
(d)
the Road Cut shall be reinstated to the same level as the adjacent surface.
The riding surface shall be to the satisfaction of the Town.
20.09 Final reinstatement of cuts in areas of Rights of Way with a gravel surface shall meet
the following requirements:
(a)
materials determined in the discretion of the Town, compacted in accordance
with the Town Standards and/or O.P.S.S. Town Standards shall take
precedence over O.P.S.S; and
(b)
the Road Cut shall be reinstated to the same level as the adjacent surface
and the riding surface shall be to the satisfaction of the Town.
20.1 O Final reinstatement of grassed areas shall meet the following requirements:
(a)
Reinstatement of grassed areas shall be in accordance with Town
Standards;
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(b)
If conditions warrant, the Town may allow all or part of the area to be seeded;
and
(c)
The Applicant shall maintain and water the seeded or sodded area until the
grass is properly established, to the satisfaction of the Town.
20.11 Sidewalks and pathways shall be reinstated as follows:
(a)
a rigid concrete sidewalk or pathway shall be reinstated to the proper grade
by pouring a slab of concrete, which shall be in accordance with Town
Standards; and
(b)
an asphalt sidewalk or pathway shall be reinstated to the proper grade with
hot mix HL4 asphalt, which shall have a minimum thickness of fifty (50)
millimetres.
SECTION 21: COMPLETION OF WORK
21.1
Upon completion of the Works, all excess material shall be removed from the Right
of Way and/or Entranceway and the Right of Way and/or Entranceway shall be left
in a safe, neat and clean condition, all to the satisfaction of the Town.
21.2
A field inspection may be carried out by the Town upon completion of the Works.
21.3
The Town may require that modifications be performed if the Works do not conform
to the plans and specifications submitted to obtain the Permit.
21.4
In the event that modifications are required further to section 21.3, the Town shall
provide written notice of the modifications to the Applicant. The Applicant shall carry
out the required modifications within 45 days of the date of the written notice and is
responsible for the cost of the inspection and any modifications required.
21.5
If the Applicant fails to carry out the required modifications within 45 days, as set out
above, the Town may have the required modifications completed by employees or
agents of the Town. The Town may request that the Town Treasurer include any
part of the fees and charges incurred by the Town to the Applicant's tax roll pursuant
to the provisions of sections 398 and 446 of the Municipal Act, 2001.
21.6
When the Town is satisfied that all of the Works conducted under the Permit are
complete in accordance with the conditions provided for in this By-law generally or
under the Permit specifically, and the Applicant has submitted all documents and
drawings, as required by the Town, the Town will issue a Certificate of Substantial
Completion. The Certificate of Substantial Completion may contain a list of minor
deficiencies that are to be corrected by the Applicant, but that are not considered
of sufficient importance to delay the issuance of the Certificate of Substantial
Completion and the acceptance of any services by the Town.
21.7
Before issuing a Certificate of Substantial Completion, the Town may require
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satisfactory compliance with approved engineering drawings or receipt of
certification from the Applicant's Consulting Engineer.
21.8
If, in the opinion of the Town, the Works for which the Permit were issued are of a
minor nature, a Certificate of Substantial Completion may not be issued.
21.9
The Applicant shall maintain all records of construction for the Works and, upon
completion, advise the Manager of Operations of all construction changes and final
measurements.
SECTION 22: RESPONSIBILITY FOR CLAIMS AND WORKS FAILURE, MAINTENANCE
AND WARRANTY REQUIREMENTS
22.1
The Town shall determine whether a Certificate of Maintenance and Final
Acceptance is required. Where a Certificate of Maintenance and Final Acceptance
is not required by the Town, the Maintenance Period shall end on the one (1) year
anniversary of final reinstatement of the Works.
22.2
Except as limited by section 22.3 and 22.4, an Applicant shall be responsible for all
loss or damages arising from the Work done by or for the Applicant until the end of
the Maintenance Period. Any costs incurred by the Town directly or indirectly during
the Maintenance Period shall continue to be the responsibility of, and be paid by, the
Applicant.
22.3
The Applicant, the Owner or any Person so deemed by the Town shall be
responsible for all loss or damage arising directly or indirectly from settlement of the
surface of a Right of Way resulting from the Works done under the Permit or works
done in contravention of this By-Law.
22.4
The municipality shall not be responsible for any other portion of the Entranceway.
including the culvert, either before, during or after final approval of the Entranceway
Activity Permit.
22.5
For temporary reinstatement of the Right of Way. an Applicant is responsible for the
repairs necessary to correct any Road Cut considered by the Town to be
unsatisfactory.
22.6
Where the backfilling or reinstatement does not comply with the provisions of this
By-law, or the backfilling or reinstatement settles, the Town shall give notice to the
Applicant, specifying the repairs which the Applicant must carry out.
22.7
If the Applicant has not done the repairs referred to in subsection 22.6 within twenty
four (24) hours of delivery of the verbal notification, the Town may order the repairs
to be done at the Applicant's expense. All costs incurred by the Town shall be paid
by the Applicant upon demand, failing which the costs shall be deducted from the
Security.
22.8
The owner of a property served by an Entranceway shall be responsible for
maintaining the surface of the Entranceway for a distance extending from the
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property line to the shoulder of the Right of Way.
22.9
Where a Right of Way or utility on a Right of Way has been damaged by an Applicant,
the Town or the Utility Service Provider, respectively, has the sole responsibility for
deciding who shall carry out the repairs, the cost of which shall be borne by the
Applicant.
22.1 O A Certificate of Maintenance and Final Inspection shall only be issued where the
Town is satisfied that all of the Works required pursuant to this By-law and the Permit
have been completed in compliance therewith, and that such Works are completed
to the Town's satisfaction.
SECTION 23: INDEMNIFICATION
23.1
As a condition to Permit approval, the Applicant must agree to indemnify and save
completely harmless the Town, its agents, employees or servants, from and against
all claims, demands, losses, damages, debts, actions, causes of action, suits,
proceedings or costs whatsoever, at law or in equity, suffered or incurred by the
Town whether directly or indirectly, as a result of the execution, non-execution or
imperfect execution of any Work authorized by this By-law or the Permit, or as a
result of any other matter or thing in connection therewith or pertaining thereto,
including inspection of the Works or any aspect of construction review by the Town
or its agents, or the carrying out of the Applicant's obligations under this By-law or
the Permit, or which may arise either directly, or indirectly, by reason of the
construction of the Works pursuant to the Permit, whether with or without negligence
on the part of the Applicant or its officers, agents, servants or Workers. This includes
claims pursuant to the Construction Act, in tort, contract or otherwise. Without
limiting the generality of the foregoing, such indemnification shall extend to the
following:
(a)
all engineering fees, consulting fees, disbursements and related expenses of
the Town as a result of its services and any consultants required to be
retained by the Town, including but not limited to the Town's Consulting
Engineer, required to be performed for the Town in connection with the
Permit, or any other matter or thing in connection herewith or pertaining
thereto;
(b)
all legal fees and disbursements as a result of legal services rendered to the
Town in connection with the Permit or any other matter or thing in connection
herewith or pertaining thereto;
(c)
all administrative costs incurred by the Town associated with the negotiation,
drafting and administrative fees associated with the Permit and undertaking
of the Works and enforcement of the Permit;
(d)
any costs and damages suffered by third parties as a result of the negligence
of the Applicant or the default of the Applicant pursuant to the terms of this
By-law or the Permit or the contravention of any Laws; and
(e)
the cost of all Works.
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23.2
Where the Applicant has retained a Consulting Engineer,
(a)
In the event of any negligence by the Applicant's Consulting Engineer,
including any negligence in estimating the cost of the Works to be
constructed under the Permit for the purposes of providing Securities
therefore, the Applicant shall assign to the Town any rights it may have to
claim against the Applicant's Consulting Engineer for such negligence, at the
request of the Town.
(b)
The Applicant shall provide the Town with a copy of the contract between the
Applicant's Consulting Engineer (and all other subcontractors) and the
Applicant, provided that fee quotes and arrangements may be redacted
therefrom.
(c)
The Applicant shall provide a copy of this By-law in its entirety and a copy of
the Permit to the Applicant's Consulting Engineer prior to the Applicant's
Consulting Engineer commencing any of Works under the Permit and shall
obtain a written acknowledgement in the prescribed form from the Applicant's
Consulting Engineer. The Applicant shall ensure that a copy of the executed
Acknowledgement is provided to the Town prior to the commencement of
any of the Works.
(d)
The Applicant shall not replace the Applicant's Consulting Engineer except
with another engineering firm approved by the Town. In the event the
Applicant's Consulting Engineer fails to provide services in accordance with
the terms of this By-law, the Permit, or any other terms imposed by the Town
from time to time, or should the Applicant's Consulting Engineer withdraw his
services for the Applicant, such failure or withdrawal shall be deemed to be
a default under this By-law.
SECTION 24: ENFORCEMENT
24.1
This By-law shall be enforced by the persons appointed by the Town pursuant to
section 15 of the Police Services Act.
24.2
No Person shall undertake or cause to be undertaken a Right of Way Activity or
Entranceway Activity without first having applied for and obtained a Permit from the
Town, in accordance with this By-law.
24.3
Where a Person fails to comply with the requirements or provisions of this By-law or
breaches any of the conditions contained in the Permit, the Town may take any of
the following actions, or any combination thereof:
(a)
Order that any and all Works, or any part thereof, cease or cause them to be
ceased;
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(b)
Order that any Person, including but not limited to the Applicant and/or the
Owner, remedy the breach, failing which, the Town may cause the breach to
be remedied and recover any related expense by requesting that the Town
Treasurer include such expenses incurred by the Corporation of the Town of
lnnisfil to the tax roll of any property owned by the Person, Applicant or
Owner pursuant to the provisions of sections 398 and 446 of the Municipal
Act, 2001;
(c)
draw on any Security held by the Town pursuant to the Permit, whether in full
or in part;
(d)
apply any cash or deposits held by the Town pursuant to the Permit or any
proceeds obtained from the presentation of any Letter of Credit, whether
received from the Owner, the Applicant or any other Person, firm or
corporation, on account of any expenses incurred, whether directly or
indirectly, or damages suffered by the Town, as a result of any default under
this By-law or any Permit issued herTunder, or apply the same towards the
cost of completing or performing any of the Works or any obligations of the
Applicant pursuant to this By-law or the Permit. For the purposes of this
paragraph, "cost of completing or performing any of the Works or any
obligations of the Applicant pursuant to this By-law or the Permit" includes all
costs and expenses deemed necessary or appropriate by the Town and
without limiting the generality of the foregoing may include:
(i)
the appointment and employment of a project manager or any other
consultants deemed necessary by the Town;
(ii)
administrative costs;
(iii)
interest;
(iv)
legal expenses;
(v)
the reimbursement of third parties who have incurred a loss or have
suffered damages as a result of the default of the Applicant pursuant
to the terms of this By-law or the Permit; and
(v)
the payment of any and all costs or expenses incurred, whether
directly or indirectly in connection with any of the provisions of this
section;
(d)
complete all or a portion of the Works, at the discretion of the Town at the
sole cost and expense of the Applicant, Owner or Person deemed by the
Town to be responsible for the Works;
(e)
undertake such Works required, at the discretion of the Town, to safeguard
the health and welfare of the residents of the Town including, but not limited
to, filling in holes, blocking off access, posting signs, and leveling terrain, at
the Applicant and/or Owner's expense;
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(f)
bring any proceeding in the nature of specific performance, injunction or other
equitable remedy;
(g)
bring any action at law by or on behalf of the Town or any other party as a
result of any default under this By-law or the Permit in order to recover
damages;
(h)
institute any other legal proceedings to enforce any of the provisions of this
By-Law or compliance with any laws or to take any other action deemed
appropriate in the sole opinion of the Town.
24.4
In addition to any other enforcement provisions in this By-law, 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 of not more than $5,000.00 for a first offense and not
more than $25,000.00 for a second or subsequent offense exclusive of costs, and
such fine is recoverable under the Provincial Offences Act, R.S.O. 1990, as
amended.
24.5
Each day that a breach of this By-law continues shall constitute a separate offense.
24.6
If a Person has been convicted of an offence under this By-law, the Ontario Court of
Justice or any court of competent jurisdiction thereafter may, in addition to any other
penalty imposed on the person convicted, issue an Order prohibiting the continuation
or repetition of the offence or the doing of any act or thing by the person convicted
directed toward the continuation or repetition of the offence.
24.7
In addition to all other remedies set out under this Section, Sections 349 (1) - (3),
442 and 444 of the Municipal Act, and any Town By-law passed pursuant to the
Municipal Act, or the Planning Act, will apply should the Applicant fail to construct,
provide and/or properly maintain, to the satisfaction of the Town, the Works and
other matters referred to in this By-law.
24.8
Any action taken or remedy elected by the Town shall not be, or construed to be,
mutually exclusive of any other action not taken or remedy not elected by the Town,
nor shall the Town be required to take any action or elect any remedy, other than
such action or remedy which the Town in its sole and absolute discretion determines
advisable. The Town shall not be liable to any third party for failure to take any action
or elect any remedy. No consent or waiver, express or implied, by the Town to or of
any breach or default hereunder shall be deemed or construed to be a consent or
waiver to or of any other breach or default, and save and except where the Town
has expressly given its consent or a waiver and the Applicant has acted in respect
thereof or in accordance therewith, to its detriment, the Town hereby expressly
reserves its rights to rescind or repeal any waiver, whether express or implied, with
respect to any breach or default, whereupon the Town shall have all of its rights and
remedies pursuant to this By-law, notwithstanding its previous consent or waiver.
Failure on the part of the Town to complain of any act or failure to act or to declare
or notify the Applicant of any breach or default, irrespective of how long such failure
continues, shall not constitute a consent or waiver of the Town of its rights
hereunder. Nothing herein shall give any third party the right to compel the Town to
Page 40 of 40
By-law No. 073-19
"ROADS BY-LAW"
enforce any of its remedies pursuant to this By-law or the Permit or to hold the Town
or its agents accountable or liable for any acts or omissions with respect to this By
law or the Permit.
24.9
Any action taken by the Town, or on its behalf, pursuant to this By-law or in
accordance with the Permit is in addition to and without prejudice to any Security or
other guarantee given on behalf of the Applicant for the performance of its
obligations under this By-law and the Permit, and upon default on the part of the
Applicant thereunder the Town shall, in addition to any other remedy available to it,
be at liberty to utilize the provisions of Sections 349(1) - (3), 442, and 446 of the
Municipal Act.
SECTION 25: FORCE AND EFFECT
25.1
This By-law will come into force and take effect on the date it is passed by the Council
of the Town.
PASSED THIS 9th DAY OF October, 2019.
Lynn D
2
Mayo
3
,
u
Lee Parkin, Clerk