Road Occupancy By-law 2018-31 (Consolidated)

Newmarket, Ontario · adopted 2018-05-28

This is the exact embedded text of the captured official document. Snapshot b4047c74f8c5 · verified 2026-08-28 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Road Occupancy Bylaw 2018-31 Page 1 of 12 Corporation of the Town of Newmarket By-law 2018-31 OFFICE CONSOLIDATION This is a consolidation of the Town's By-law to Regulate the Use, Alteration, and Occupancy of Highways Under the Jurisdiction of the Municipality in the Town of Newmarket, being By-law 2018-31, as amended by the below listed by-laws and is prepared for reference and information purposes only. The following consolidation is an electronic reproduction made available for information only. It is not an official version of By-law 2018-31. Official versions of all by-laws can be obtained from Legislative Services by calling 905-953-5300. If there are any discrepancies between this consolidation and By-law 2018-31 and listed amending by-laws the official by-laws shall prevail. 2018-54 - September 24, 2018 Sections 14.1 & 14.4 A By-law to Regulate the Use, Alteration, and Occupancy of Highways Under the Jurisdiction of the Municipality Whereas Section8(1) of the Municipal Act, 2001, S.S. 2001, c.25, as amended (the "Municipal Act") provides that the powers of a municipality under any Act (as defined thereunder) shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as they consider appropriate, and to enhance their ability to respond to municipal issues; and, Whereas Section 9 of the Municipal Act provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act; and, Whereas Section 11(3)1 of the Municipal Act provides that a municipality may pass by-laws within the following spheres of jurisdiction: Highways, including parking and traffic on Highways; and, Whereas Section 391(1) of the Municipal Act provides that a municipality may pass by-laws imposing fees or charges on persons for services or activities provided by the municipality or done on behalf of it; and, Whereas Section 436(1) of the Municipal Act provides that a municipality may pass by-laws providing for the entry onto land at any reasonable time for the purpose of carrying out an inspection to determine compliance with a by-law; and, Whereas Section 429(1) of the Municipal Act provides that a municipality may establish a system of fines for a by-law passed under the Municipal Act; and, Whereas Section 444 of the Municipal Act provides that a municipality may make an order to require a person to discontinue contravening a by-law and to do work required to correct the contravention; and, Whereas Section 446 of the Municipal Act provides that a municipality may proceed to do things at a person's expense which that person is otherwise required to do under a by-law but has failed to do and the costs incurred by a Road Occupancy Bylaw 2018-31 Page 2 of 12 municipality may be recovered by adding the cots to the tax roll and collecting them in the same manner as taxes; and, Whereas Section 23.1 of the Municipal Act provides that a municipality may delegate its powers and duties under the Act subject to such conditions and limits as the council of the municipality consider appropriate; and, Whereas the Council of the Corporation of the Town of Newmarket desires to repeal and replace By-law 2015-16 with an updated road occupancy by-law; Now therefore be it enacted by the Council of the Corporation of the Town of Newmarket as follows: 1.0 Short Title 1.1 This By-law shall be known as the "Road Occupancy By-law". 2.0 Definitions Alter means to change in any manner and includes excavate, disturb, restore, renovate, or repair, and "alteration" has a corresponding meaning. Appeals Committee means the Appeal Committee established by the Town. Applicant means a Person making application for a Permit. Boulevard means the portion of the Highway between a property line and the boundary line of the Roadway. Construction means anything done in the erection, installation, extension or material alteration, demolition, or repairs of a building, structure, or utility, or surface grading and includes landscaping. Contractor means any Person alone or with others undertaking Construction on a Highway. Damage means harm or injury to the Boulevard or Roadway, including without limitation, harm, injury, disturbance, cracking, cutting, gouging or displacement of or to the pavement, curb or sidewalk, landscaping, trees, retaining walls, municipal appurtenances, Street Furniture resulting from the use of the Boulevard or Roadway to occupy or perform Construction such that, in the sole opinion of the Director, the Boulevard or Roadway is not in its pre-construction condition. Director means the Director of Public Works Services for the Town or designate. Emergency means a situation that poses a threat to public health or safety and includes a disruption of services supplied by the public utilities or the Town. Highway includes a common and public highway, street, avenue, parkway, drive, square, place, bridge, viaduct or trestle, or sidewalk, any part of which is intended for or used by the general public for pedestrian and/or vehicular passage and includes a Boulevard and Roadway. Landscape or Construction Material including gravel, soil, sod, bricks, paving stones, landscaping rocks, wooden planks or boards. Road Occupancy Bylaw 2018-31 Page 3 of 12 Newmarket Standard means The Town of Newmarket Standards, as amended from time to time intended as guidelines for land development and Town projects to aid in providing uniform designs throughout the municipality and are to be used in conjunction with Ontario Provincial Standard Drawings ("O.P.S.D."). Obstruct includes encumber, Damage, foul, block, or Alter, and "obstruction" and "obstructing" have corresponding meanings. Officer means a Police Officer as defined under the Police Services Act, R.S.O. 1990, c. P15, as amended, an individual appointed by the Town as a Municipal Law Enforcement Officer pursuant to section 15 of the Police Services Act, as amended, or any other individual designated by the Town to enforce this By-law. Order includes a Work Order, Order to Comply and Order to Discontinue. Outdoor Patio means a designated area within a Highway associated with an eating establishment where food or drink is offered for sale and/or consumed, and includes any required sidewalk extensions. Permit means a Road Occupancy Permit issued by the Director pursuant to this By-law, and any other permit as required to undertake Construction on the Highway. Permit Holder means the Applicant named in a Permit. Person includes a natural individual, association or organization, firm, partnership, Contractor, corporation, owner, agent or trustee and their heirs, executors, assigns, administrators, or other legal representatives of an individual, association or organization, firm or partnership of a Person to whom the context can apply according to the By-law. Public Utility means a municipality, a municipal board or commission, or a corporation that provides Utility Service under the authority of any statute, charter, by-law or franchise. Roadway means the part of the Highway that is improved, designed and ordinarily used for vehicular traffic, but does not include the Boulevard. Security means cash, certified cheque, or letter of credit provided to the Town to secure the performance by the Permit Holder of all its obligations under a Permit and this By-law. Street Furniture includes benches, garbage containers, hard rails, tables, posts, signs, any other above ground appurtenance that is owned by the Town and used by the public. Town means the Municipal Corporation of the Town of Newmarket. Utility Service means the production, transmission or supply to the public by a Public Utility of necessities or conveniences and includes, but is not limited to, the production, transmission and supply of gas, oil, water, electricity, sewage and storm water services, telephone service, cable television, and any other telecommunications service. 3.0 General Provisions 3.1 The Town maintains its right to enter onto any portion of a Roadway or Boulevard and undertake any Construction needed to reinstate the Roadway and/or Boulevard back to its original condition having existed prior to private alterations made with or without a Permit. 3.2 The Town is not responsible for damage, maintenance or replacement of any Alternations made to a Boulevard by a Person. Road Occupancy Bylaw 2018-31 Page 4 of 12 3.3 No Person shall Alter, occupy, Obstruct or Damage, cause or permit the use of any Highway by: 3.3.1 depositing, throwing, spilling, tracking, cause or permit the depositing, throwing, spilling or tracking of any material, waste or sediment onto the Highway; 3.3.2 depositing of snow or ice on a Roadway, sidewalk, or onto a Boulevard not contiguous with the property from where the snow was moved; 3.3.3 the placement of any snow or ice, or any materials or equipment, or any structures within 1.2 m, in any direction of a fire hydrant; 3.3.4 Altering the grade on any Boulevard unless otherwise approved by the Town; 3.3.5 cutting, Altering, extending, in any manner whatsoever of a concrete curb, open or contained culvert, culvert overpass or similar structure, or landscape feature; 3.3.6 allowing the direct discharge of water from any irrigation system, sump pump or down spout onto a Highway; 3.3.7 creating any Obstruction within any ditch, gutter, or watercourse on any Highway; 3.3.8 the placement of any debris on any portion of a Highway except for items that are placed at the roadside and are approved collectable under the Town's waste management program; 3.3.9 the placement of any Landscape or Construction Material, or bins on any portion of a Highway. 4.0 Specific Provisions Road Occupancy Permit 4.1 No Person shall Alter, occupy, Obstruct or Damage, cause or permit the use of any Highway without first having obtained a Permit. 4.2 No Person shall undertake Construction on land abutting a Highway, which may affect the drainage of the Highway or require alteration of Town infrastructure without first having obtained a Permit. 4.3 Without limiting the generality of Section 3.0, no Person shall Alter, occupy, Obstruct or Damage, cause or permit the use of any Highway without having obtained a Permit for any of the following: 4.3.1 the placement of equipment or motorized equipment other than licensed motor vehicles on any portion of a Highway 4.3.2 Altering or damaging any portion of a Highway, including but not limited to sod, trees, light poles, street signs asphalt, road sub-base, concrete curb, sidewalk or other appurtenance within the Highway; and 4.3.3 the placement, removing or moving of any Street Furniture on any portion of a Highway. Use of a Boulevard or Roadway Road Occupancy Bylaw 2018-31 Page 5 of 12 4.4 No Person shall in relation to a Boulevard or Roadway: 4.4.1 create or establish vehicle access to a property across a Boulevard without approval of the Director. 4.4.2 construct a driveway apron crossing the Boulevard at width greater than the curb cut at the street-line and greater than the width of the driveway, as permitted under the applicable Zoning By-law. 4.4.3 construct, install or place any raised curb, retaining wall or similar feature, fence, post, light post, rock(s), decorative wall, or landscape feature within 0.5 m of a sidewalk. 4.4.4 place, deposit or plant any object, which in the opinion of the Town may impede the Town's ability to maintain the Boulevard or Roadway, or create a hazard. 4.4.5 place, deposit or plant any object, or create any visual Obstruction on any portion of the Boulevard or Roadway. 4.4.6 leave an excavation open or unattended without first securing the excavation with appropriate safety measures and barricades, and warning or cautionary signage. 4.4.7 erect or maintain, without permission of the Town, scaffolding needed to facilitate Construction on any portion of the Boulevard or Roadway. 5.0 Exemptions 5.1 Any Person or Public Utility will not require a Permit from the Town where: 5.1.1 the Highway is under the jurisdictional authority of the Regional Municipality of York, Registered Condominium Corporations, or is an unassumed land under the care and control of a developer. 5.1.2 a road closure has been authorized by the Town and no alteration to the Highway is needed. 5.1.3 Emergency repairs are required. 5.1.4 an Outdoor Patio has been authorized by the Town. 5.2 Notwithstanding the exemptions listed in Section 5.1, every Person or Public Utility shall comply with the requirements of the Ministry of Transportation Traffic Control Manual for Roadway Operations as amended or replaced from time to time. 5.3 Subject to Section 5.1, when Public Utilities must complete work relating to an Emergency, the Public Utility shall immediately notify the Town, and on the next working day obtain a Permit, as required by this By-law. 5.4 The provisions of this By-law do not apply to a motor vehicle legally parked, licensed and operable pursuant to the regulations of the Highway Traffic Act, R.S.O. 1990, c. H. 8, as amended. 5.5 The provisions of this By-law do not apply to activities undertaken by any police force, fire department, paramedic or ambulance service in the course of their regular duties. Road Occupancy Bylaw 2018-31 Page 6 of 12 6.0 Administration Permit Administration 6.1 A Person who applies for a Permit under this By-law shall: 6.1.1 complete an application for the Permit on the forms as provided by the Director; 6.1.2 submit the application along with the applicable fees and charges as provided for in the Town's Fees & Charges By-law; and, 6.1.3 provide any documentation, deposit or Security, and insurance certificate(s), as required by the Director as prerequisites and requirements for the issuance of the Permit. 6.2 The issuance of a Permit under this By-law does not relieve any Person from the necessity of acquiring any other license or permit, or complying with any other applicable laws, by-laws, regulations, and requirements of other governmental authorities. 6.3 A Permit is the property of the Town and is not transferable unless otherwise authorized by the Director. 6.4 Every Applicant shall post with the Town the required deposit or security, by way of certified cheque, debit card, or letter of credit, in a form satisfactory to the Town. If deemed necessary by the Director, the deposit or security shall be held by the Town for a period of up to one year following the completion of Construction. 7.0 Permit Conditions 7.1 A Permit Holder shall comply or ensure compliance with all provisions and conditions of the Permit and this By-law. 7.2 A Permit Holder shall provide and maintain a contact phone number by which the Director or an Officer may reach the Permit Holder at all times. 7.3 Every Permit Holder shall forthwith rectify damage, and shall reinstate the Highway, to its original condition, to the satisfaction of the Director. 7.4 Every Permit Holder shall provide all signs, barricades, traffic control devices, flag persons, and other persons and equipment required by the Director prior to the commencement of, and for the duration of, the use and occupancy of the Highway. 7.5 Every Permit Holder shall maintain or provide alternate access to all private and public properties for the duration of the use and occupancy of the Highway and to keep such access free and clear of all mud, debris and other materials. 7.6 Every Permit Holder shall agree to hold harmless, indemnify and defend the Town, its elected officials employees and agents, from and against any action, claim, loss, damage, cost or expense arising directly or indirectly as a result of the issuance of a Permit to the Permit Holder. Road Occupancy Bylaw 2018-31 Page 7 of 12 7.7 Every Permit Holder shall notify the police, emergency medical services, the fire department, any public transportation service or school bus service, and any property owner or occupant whose access to their property may be affected by the use and occupancy of the Highway. 7.8 A Permit shall become void if the work or activity authorized by the Permit is not commenced within sixty (60) calendar days of the date that the Permit is issued, and a new Permit shall be required if the work or activity is to proceed. 7.9 In the event the permitted work or activity cannot be completed within the time set out in the Permit, the Permit Holder must notify the Director of the additional required time and the reasons therefor, and shall request an extension of the Permit which extension may be granted at the discretion of the Director who may impose additional conditions upon the Permit. 7.10 Every Permit Holder shall effect all repairs and make all improvements to the Highway as may be deemed necessary by the Director to reinstate the Highway to the Newmarket Standard. 7.11 Every Permit Holder shall effect all repairs to real and personal property adjacent to the Highway that has been damaged or destroyed in the course of the use and occupancy of the Highway as may be necessary to restore it to its pre-occupancy condition to the satisfaction of the Director. 7.12 Town or the Public Utility, as the case may be, shall have the sole right to determine who, at the expense of the Permit Holder, may carry out any necessary repairs to any Highway or Utility Service that has been damaged by a Permit Holder 7.13 In the event that a Permit Holder fails to undertake any work required by the Director within such time as may be specified by the Director by way of notice, the Director may arrange for the work to be done by the Town or a third party, at the Permit Holder's expense. 7.14 Upon the final restoration of the Highway to the satisfaction of the Director the Town shall: (a) assume responsibility for maintaining the Highway, and any further maintenance or repair works; and, (b) release the Security or the remaining balance thereof to the Permit Holder upon written request by the Permit Holder. 8.0 Issuance of a Permit 8.1 The Director shall refuse to issue a Permit where: (a) the application is incomplete; (b) the Permit fee has not been paid; (c) the requisite insurance(s) has not been provided; (d) Security has not been provided; or (e) a 24 hour emergency contact telephone number has not been provided. 8.2 The Director may refuse to issue a Permit where: Road Occupancy Bylaw 2018-31 Page 8 of 12 (a) the Applicant or their agent or Contractor has/have violated the conditions of any previously issued Permits; (b) the Applicant or their agent or Contractor has/have previously committed an offence under this By-law; (c) the Applicant has failed to reimburse the Town's costs and expenses incurred for repairs under or in the administration of any previously issued Permit; (d) the Applicant proposes to Alter or Damage a Highway which was constructed, reconstructed or resurfaced within the previous five (5) years; or (e) there exists such other reason(s) as the Director may deem appropriate and which reasons shall be delivered in writing to the Applicant upon request. 9.0 Compliance 9.1 The Director may revoke a Permit at any time for any of the following: (a) if the Permit Holder and/or Contractor violates or permits the violation of any condition of the Permit or of any provision of this By-law; (b) if the Permit Holder and/or Contractor violates or permits the violation of any provision of any other law relating to the permitted work or activity; (c) for the existence of any condition or the doing of any act that: (i) constitutes a threat to public health and safety; (ii) is a nuisance; or (iii) endangers life or property; (d) where the Permit has been issued on mistaken, false or misleading information; and (e) where the permitted work or activity is not carried out in a diligent and workmanlike manner based on the sole discretion of the Director. 9.2 In the event that a Permit has been revoked by the Director, the Permit Holder shall: (a) immediately cease and desist all activities for which the Permit was issued; and (b) immediately restore the Highway to the Newmarket Standard at the Permit Holder's sole cost and expense, failing which the Town may restore the Highway to the Newmarket Standard at the sole cost and expense of the Permit Holder, and such cost and expense shall be paid by the Permit Holder forthwith upon demand. 9.3 The Director shall have the authority to issue an Order to any Person who is Altering, Obstructing, Damaging or occupying any Highway to immediately cease and desist from such activity and/or to restore the Highway to the Newmarket Standard. Road Occupancy Bylaw 2018-31 Page 9 of 12 10.0 Emergency Repairs 10.1 Where the Director determines that an Obstruction of a Highway is or may create a hazardous condition to the safety of any Person using the Highway, the Director may take any action necessary to have the Obstruction immediately removed, and the Highway repaired, if necessary, and all costs incurred by the Town in undertaking this work shall be expenses owed to the Town by the owner, occupant and/or Contractor of the property from which the Obstruction comes from, relates to, or was created for. 10.2 All work done by the Town pursuant to Section 10.1 hereof shall be paid by the Applicant, owner, occupant and/or Contractor of the property forthwith upon demand. 11.0 Power of Entry 11.1 The Town may enter on a property at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (a) the provisions of this By-law; (b) an Order issued under this By-law; and/or (c) an Order made under Section 431 of the Act. 11.2 Where an inspection is conducted by the Town pursuant to Section 11.1, the person conducting the inspection may: (a) require the production for inspection of documents or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies and extracts; (c) require information from any Person concerning a matter related to the inspection including their name, address, phone number and identification; and/or (d) alone or in conjunction with any Person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 11.3 The Town may undertake an inspection pursuant to an Order issued under Section 438 of the Act. 11.4 The Town's power of entry may be exercised by an employee, Officer or agent of the Town or by a member of a police force with jurisdiction, as well by any Person under his or her direction. 11.5 No Person shall hinder or Obstruct, or attempt to hinder or Obstruct the Town, or an Officer from carrying out inspections of land to ensure compliance with this By-law. 12.0 Order and Remedial Action 12.1 If a Person and/or Permit Holder contravenes any of the provisions of this By-law, the Director may issue an Order to the Person and/or to the Permit Holder to discontinue the contravening activity. The Order shall set out the reasonable particulars of the contravention adequate to identify the contravention, the location of the property on which the Road Occupancy Bylaw 2018-31 Page 10 of 12 contravention occurred, and the date by which there must be compliance with the Order. 12.2 If a Person and/or Permit Holder has contravened a provision of this By-law, the Director may issue an Order to the Person and/or Permit Holder who contravened the By-law, and order the Person and/or Permit Holder to undertake such work to correct the contravention. The Order shall set out the reasonable particulars of the contravention adequate to identify the contravention; the location of the property on which the contravention occurred; and the date by which there must be compliance with the Order. The Order may also provide that if the Person and/or Permit Holder fails to correct the contravention, the Town may do the work to correct the contravention at the expense of the Person and/or the Permit Holder. 12.3 If the Director has issued an Order directing or requiring that a Person and/or Permit Holder do a matter or thing to correct a contravention of this By-law, and the Person and/or Permit Holder fails to correct the contravention, the Town may do all work necessary to correct the contravention at the expense of the Person and/or Permit Holder. 12.4 The Town may recover the cost of any corrective work in Section 12.3 from the Person and/or Permit Holder by: (a) legal action; and/or (b) by adding the costs to the tax roll of property owned by the Person and/or Permit Holder located within the boundaries of the Town and collecting these costs in the same manner as property taxes; and/or (c) deduct the costs for the corrective work from the Security. 12.5 Where the cost of repairing or restoring any part of the Highway or other municipal service exceeds the Security amount, the excess amount of such costs, including administrative costs, shall be a debt owing to the Town. 12.6 An Order may be served by: (a) delivering it personally to the Permit Holder and/or the Person in contravention of the by-law; (b) sending it by registered mail to the last known address of the Permit Holder and/or the Person in contravention of the By-law, including according to the current assessment rolls; (c) posting it at the site where the contravention has occurred. 13.0 Appeals 13.1 An Applicant may appeal to the Appeals Committee; a) if the Director refuses to issue a Permit. The Applicant may appeal within thirty (30) days from the date of receiving notice of the refusal; b) if the Director fails to make a decision on the application. The Applicant may appeal within forty five (45) days after a complete application is deemed to have been received by the Director; or c) if the Applicant objects to a condition in the Permit. The Applicant may appeal within thirty (30) days after the issuance of the Permit. Road Occupancy Bylaw 2018-31 Page 11 of 12 13.2 Where an Order has been served, the Permit Holder or the Person to whom the Order has been served may apply to the Appeals Committee to appeal the Order within thirty (30) days of being served with the Order. 14.0 Penalty Provision 14.1 Every Person who contravenes a provision of this By-law, including an Order issued under this By-law, is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended. 14.2 Any Person who is in contravention of any provision of this By-law, or who fails to comply with an Order issued under this By-law shall be deemed to be committing a continuing offence for each day or part of a day that the contravention remains uncorrected. 14.3 If an Order has been issued under this By-law, and the Order has not been complied with, the contravention of the Order shall be deemed to be a continuing offence for each day or part of a day that the Order is not complied with. 14.4 Any Person who is guilty of an offence under this By-law shall be subject to the following penalties pursuant to Part III of the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended: (a) Upon a first conviction, the minimum fine shall be $400.00 and the maximum fine shall be $100,000.00; (b) Upon a second or subsequent conviction for the same offence, a fine shall be a minimum of $500.00 and the maximum fine shall be $100,000.00; (c) Upon conviction for a continuing offence, the minimum fine shall be $500.00 and the maximum fine shall be $10,000.00 for each day or part of a day that the offence continues; and (d) Upon conviction of a multiple offence, for each offence included in the multiple offence, the minimum fine shall be $500.00 and the maximum fine shall be $10,000.00. 14.5 For the purposes of this By-law, "multiple offences" means an offence in respect of two (2) or more acts or omissions each of which separately constitutes an offence and is a contravention of a provision of this By-law. 14.6 For the purposes of this By-law, an offence is a "second or subsequent offence" if the act giving rise to the offence occurred after a conviction had been entered at an earlier date for the same offence. 14.7 Where a Person is convicted of an offence under this By-law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an Order prohibiting the continuation or repetition of the offence by the Person convicted. 14.8 In addition to any other remedy or penalty provided by law, the court in which the conviction has been entered, or any other court of competent jurisdiction may make an Order: 14.8.1 prohibiting the continuation or repetition of the offence by any Person; Road Occupancy Bylaw 2018-31 Page 12 of 12 14.8.2 require the Person to pay a Special Fine, in addition to a Regular Fine, which fine shall eliminate any economic gain or advantage derived by the Person as a result of contravening this By-law. 15.0 Validity and Interpretation 15.1 Words importing the singular number shall include the plural, and words importing the masculine gender shall include the feminine, and the converse of the foregoing also applies, unless the context of the By-law requires otherwise. 15.2 If a court of competent jurisdiction declares any provisions of this By- law to be invalid or to be of no force and effect, it is the intention of Council in enacting this By-law that the remainder of the By-law shall continue in force and be applied and enforced in accordance with its terms to the fullest extent possible according to law. 16.0 Repeal 16.1 By-law 2009-32 and 2015-16, as amended, are hereby repealed. 17.0 Force and Effect 17.1 This By-law shall come into force and effect on the date of enactment and passage. Enacted this 28th day of May, 2018. Tony Van Bynen, Mayor Lisa Lyons, Town Clerk