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THE CORPORATION OF THE TOWN OF PLYMPTON.WYOMING
By-law 79-2018
A By-law for regulating the uses of public property in the Town of Plympton-Wyoming,
and that the By-law be known as the'Streets By-law,
****** **** **** ***** **************
WHEREAS, PURSUANT to the Municipat Act, S.O. 2001, Chapter 25, Section 5, the
municipality is given the capacity, rights, powers and privileges to exeicise these rights; and
WHEREAS under Section 27, lhe municipalily may pass by-laws in respect of highways and
streets for the purpose of reguiating certain actÍons ' '
THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PLYMPTON.
WYOMING ENACTS AS FOLLOWS:
1.
DEFINIT¡ONS
iifrtfit_i"î,1t"
means the person receiving written authorization pursuant to the provisions of
"Application" means the written authorization pursuant to the provisions of this By-law;
"Bicycle".means any device which has two tandem wheels and is propelled bv human
.q9ry1]!9_uPon_*îigh a person may ride and includes a tricycld- nläv¡né-fivneelöi
wneets oT more tnan ô0 cm In diameter;
"Boulevard" me?,1.s_,3ly m{ of the street between the curb or edge of the roadway and
the street line, exclusivebf the area covered by sidewalk; - -'v- -'
"Business" includes all buildings except single family dwellinq, duplex. multiole familv
dwellins. including a,partment büilding, i'oomiñg oi ocíaro'rnä n-ouõðJ'ñiiai'rËöîdðrËä'äi
semi-detached dwelling ;
"Clerk" means the.Town C.lerk as appointed from time to time by the Council of the Town
of Plympton-Wyoming, or his or her ieipresentative;
"Commercial driveway" means any and all driveways except residential driveways;
"Completion of a building" occurs when the building is ready for use or is being used
for the'purpose intendéd; -
"corporation" means the corporation of the Town of plympton-wyoming
"Gouncil" means the Municipal Council of the Corporation of the Town of plympton-
Wyoming
"Dr!yew-ay" means any area installed, used or maintained bv private prooertv owner or
resldent on a street as a means of a vehicular access between the roädwäy and the
property abutting the street;
lltonFqg]199n_s the length of the common boundary between the privately owned land
and tne street on any one street;
"GRVW" means Gross Registered Vehicle Weight
"May" shall be construed as permissive;
"Motor vehicle" includes an automobile, motorcycle, motor assisted bicvcle unless
othenruise indicated in the ontario Highway'Traffic Act ahd ãnV oiñer vén¡clãbiôoejËilãi
driven otherwise than by muscular povüer bút does not ¡ncluoe tn'e óärË cjieie'ctriC-ðËteam
railways. or other r{ehlcle, tracticjn machine, farm tractór, èõlr+iõpéiÈa imõemeñt-öi
nusþandrv or road-buílding machine within the meaning of the Ontario Highway Traffic
Act;
"Owner" includes any person, body corporate or politic. co-partnershio. un-
incorporated body or aséocìation and theÍr heirs, eieôutórs,-aoministratõrs öiblnår'eääl
representatLYe_ 91 _EPers,on.to whom the context can apply according to the law aïrd
means tne owner of the land abutting on a street;
ByJaw 79 oÍ 2018
Page 1 of25
"OTM Book 7" refers to Ontario Traffic Manual - Book 7 Temporary Conditions
"Park" means any pie_ce of public property laid out and maintained for the eniovment.
health and well-beihi of the públic an'd nbrmálg open to everyonè w¡tnóuictiäigð;
"Pedestrian" means any person on foot and shall include a person in a baby carriage
or wheelchair;
"Permit" means the written authorization pursuant to the provisions of this By-law;
"Permit holder" means the person receiving written authorization pursuant to the provisions
of this By-law;
"Person" includes a corporation and the heirs, executors, administrators or other leo
representatives of a person to whom the context can applv âccordinq to law âs Oétineif
the lnterpretationsAct, R.S.O. 1990, Chapter 1.11, as àmended;
al
in
'lPl?y vehicle".means any. coaste¡ roller skate, skateboard, ski, scooter or any other
devlce propelled by muscular power and used for recreational pûrposes, but dóes not
include a bicycle;
]'P.u!f¡ç. pro_pgrtyl' means any land owned by the Town or other lands under the
jurisdiction of the Town;
"Public utility" means any water works, sewer works, qas works, electric heat. lioht
anQ Power works, .cablevisio.n, telegraph.and telephone linés, railwayS however opéraied
ano worKs lor tne,transmlsslon,ot gas, oll, sewerag.e, water or electrical power ot energy
or any similar works supplying the þeneral public w-ltl'r necessaries or conventences;
"Residential driveway" means any area installed, used or maintained on a street
which provides immediate vehicular" access to the ioadway from á Èãiklng sþaðe on-
private property;
"Roadway" means the part of the street that is improved, desioned or ordinarilv used bv
vehicular traffic but does not include the shoulder and where'a street includês two o'r
more separate.roa.dways. The term "roadway" refers to any one separately and not all of
the roadway collectively;
"Rubbish" means any material rejected or thrown away as worthless or useless;
"Serve notice" means. personal delivery gr by prepaid registered mail to the owner at
the address shown on tlie Assessment Rolls of the ïown;
"Shall" may be construed as imperative;
"Shoulder" means that part of the street adioininq the travelled portion of the roadwav
and having a surface whibh has been improvêd witTr asphalt, conirete or gravel;
- - - '--'
"Sidewalk" means all such parts of a street or walkway installed, used and maintained
on public qropg$y-that are s'et aside by the town for th'e use of pedeslriáné óiuséO Oy
the general public for the passage of pédestrians;
"Site pl3¡ l9rgement" means an agreeme¡t_eqtered into with respect to a by-law passed
pursuant to section 41 of the Planning Act, R.s.o. 1990 chapter p.1 3;
"Standard specifications" means a set of standardized specifications as aooroved bv
the Corporations or any other specifications which the towh chooses to folléüv such aó
þut not limited to Ontario Provincial Standards, City of Sarnia Standard Specification or
City of London Standard Specifications.
"Street" means the entire right-of-way gf .a. common.and public highway which includes
but is not limited to alleys,-avenues, bridges, boulevarös, circlõs, cóurts,-ðresõðñts,
drives, driveways, .lanes,- parkways, pathsl pláces, roads,' squareó, stièeis,- téiracc;õ:
trestles and viaducts;
"Street line" means the line forming a common boundary between private property and
the street;
"Town" means the Director of Public works or their representative.
'Utility" shall include but not be limited to any conduit, pipe or wire whether overhead or
undq.rground;, pavement, connection box, cóunter, curb'hand hole, hydrant, manhole,
monitor,, regulatoç sidewalk, transformer, valve, utility pole or light stándarci and theii
anchors'
ByJaw 79 ol 2018
Page 2 ot 25
"Vehicle" includes a motor vehicle, traile¡ traction enqine, farm tractor. road-buildino
machine and any ve.hicle drqw¡, piopelled or driveñ 6v ãnv tino-ãt ób*éi-¡ñòiüðlliË
muscular. power þut does not include a motorized snow vehiclê or the cärs of electric o"r
steam railways running only upon rails or play vehicle;
"Vehicle trip end" means the arrival or departure of a vehicle from a given site or
parking area;
"walhuay" means..any land set aside by the Town for the use of pedestrians. bicvcles.
play venlcles or utllltles or used bv the general public for the padsage of pedest?ians,
bicycles or play vehicles;
Words importing the singular number or the masculine gender only shall include more
persons, parties or things of the same kind than one and-females as well as males and
the converse;
Words interoreted in the singular number shall have a corresponding meaning when used
in the plural.
4
2. CUMULATIVE EFFECT
The various prohibitions of this By-law are cumulative and not mutually self-exclusive
3. SEVERABILITY
i)
or other similar device which contravenes the
removed within thirty (30) days when served
It is declared that if any section, subsection, part or parts thereof be declared by any
Court of Law to be bad, illegal, or ultra vires, such section, subsection, part or-parti
shall be deemed to be severable and all parts hereof to be separate and independent
and enacted as such.
PROH¡BITIONS
(1) No person shall distribute any advertisement, announcement, handbill, notice. paoer
or poster by any_ means inclúding but not limited to; dropping, handino, postinb', I -'
throwing or scattering upon any étreet, park, other publíc prõþerty or útility.
i)
No pe.rson shall-willfully pull down or deface any signboard or notice which has
þeen lawfullv afilxed on a street, park or otherþu5lic property while such
notice is in fórce.
ii)
No person shall place or cause to be placed or distributed anv advertisement.
announcement, handbill, flyer, notice, paper or poster on anv vehicle parked '
9!,P_uU¡ig plopgrty. fuþ!i.. R¡operty doeis ñot include streets ór roadwaya âa-
deltned tn Sectlon 1 of th¡s by-law.
(2) |!9, pçIson shall ÞlgW, rake, sweep, throw or deposit any animal carcass, ashes, dirt,
ltlth, leaves or rubbish on any street, park or other public property.
(3) ry9 PPIlgn _s!a!l encumbe¡, encroach or fill a street, park, or other public property using
a vehlcle, animal or any other means.
(4) No person shall dischargg o.f cause to be discharged any water from a water spout,
9o1$uclor pipe or other similar device upon any s-treet, þark or other public prcJperty in
such a manner as to cause flooding, property damage ör a hazard.
Any water spout, conductor pipe
provisions of this By-law shdll'be
notice requesting sûch removal.
ii)
Any water spout, conductor pipe or otherwise that has not been removed,
may be removed at the cost and expense of the owner.
(5) No.person shall erector.place,-cause to be erected or placed or maintained including
but not limited to any buiìding, fence, hedge, movable irap or door, private walk with"
step, porch, sign, rainp, shrub, step or othêr entrance to å structure or other
oþstruction on, over, projecting into or under any street, park or other public property.
i)
Any encroachment is the sole risk and responsibilitv of the owner who shall
remove said encroachment within ten (10)'days wh'en served notice bv the
Town. The owner may apply to the Town io eñter in to an fncroadnméni -
Agreement with the C'orpcjrátion as ouilined in Schedule 4.
ByJaw 79 of 2018
Page 3 of 25
ii)
Any object not removed as directed by the Town may be removed at the cost
and expense of the owner.
ii¡)
ln.the gveî.t of an emergency, the Town may remove the offending object
without notice or.compe-nsatión and place iineatly on the abutting"pro'pertv
where Pgs.sible, the côst and expens'e of an emeígency removaiis'th-d -'-'
responsibility of the owner.
(6) N.q person shall park or cause a vehicle to be parked that obstructs a roadway or
sidewalk.
(7) ryo Persoî shall cut,. deposit, pile, saw, split or throw building or construction materials,
coal, cordwood or flrewood upon any street, park or otherbublic propertv exceot foi
the.purpose .of immediately reloading or moving elsewhere, þroü¡Oeil nã-pärt,
puþllc p-ropeny, roadway or stdewalk is not obstructed durinq the operation and the
safety of pedestrians and vehicles is not compromised.
i)
]he owler of these materials shall be responsible for any costs and expenses
incurred to remove the material if required.'
(8) No person shall operate a vehicle or other implement on a street that will mar the
surface or weaken the structural integrity of the street.
(9) No person shall deposit or cause to be deposited any material or liquid on a roadway
or sidewalk that would cause them to be hazardous and endanger the safety of
pedestrians or vehicles.
i)
Arìy person responsible for sgch a condition shall return the roadway or
sidewalk to a safe condition at their cost and expense.
i¡)
lf the hazardous condition is not rectified, the Town mav serve notice on the
person responsible to remove the hazard immediately.'
iii)
Hazards not removed as directed by the Town shall be removed at the cost
and expense of the person.
(10) No person shall farm or plant vegetation within the street in such a manner that
damages/alters public infrastructure or cause an unsafe situation for the public or the
Corporation's staff. This includes any and allfarming operations.
(11) No person, firm or corporation shall do any work on the street within the boundaries
of the Town of Plympton-Wyoming without first obtaining the consent of the Town.
Such person shall be responsible for completing the work in accordance and
conformance with the conditions and provisions of the Town's consent as outlined in
Section 10 and Schedule 2 of this By-Law.
(12) No person shall operate a motor vehicle or motorized snow vehicle on any turfed
area, bicycle path, sidewalk, ski trail, walkway in a boulevard, park or other public
property except those areas designated as a parking lot or access road.
5.
LOAD RESTRICTIONS
By-law 79 of 2018
Page 4 of 25
(1) No person shall move or transport a vehicle, load, obiect or structure in excess of the
lize and weight limits prescribèd by the Highway Traffic Act, other Acts or Municipál
py-lqrys o.tl ol".acr-oss any g.treet without obtaining a Moving/Oversize/Overweight
Load Application from thê Town.
(2) The Moving/Oversize/Overweight Load Application shall have the conditions and
regulations attache.d thereto alóng with any special conditions required to protect the
street or public utility being crossèd by suih úehicle, object or strúcture.
(3) The Moving/Oversize/Overweight Load Applications outlined in Schedule 3.
POLES. POSTS. OR WALLS
(1) No person shall erect, cause to be erected or maintain a pillar. pole. post. siqn or other
erection including those intended to carry anv of the'follór,irinq'but not"limited to
cablevision, electric.power, gas, mail or te.le-phoríe wires without thê written permission
of the Town in any sireet, park or other publi'c property.
6
(2) No .pers,on shall damage, deface, disfigure or injure anv fence, monument. oole.
fi|Bii"tfiffignTnn'
tree, vegetation, wall or other þroperty-on a sireet, park oi ötnei
7. FENCES. HEDGES. SHRUBS
8. CARE OF THE STREET
D TREES
(1) No person shall place, cause to be placed or maintain a fence, hedge, shrub,
i)
No person shall place, cause to be placed or maintain a fence. hedoe. shrub
or tree within fifty (50) centimeters oï the street line or be ptaced iñ ãlóCålìõñ
which will obstruôt thé view of a driver or pedestrian. '- - -
(2) No person shall cut down, remove or trim any tree on a street, park or other public propefi.
Il':_,ff^ry..!flY_ a_uthorize the cutting down or trimming of any tree which they
consider to be a nuisance or affécts the safe pas-saqe df pedestr¡ans or
vehicles in a street, park or other public property'or enðanqer5,- inieileres or
threatens to damage a public utility in a stre'et, þark or òfnði púUi¡c öropertv,
plg_ujÇ"*l'"_ olshé señes notice bn the adjoín'ing rand ownör five isi'oãy's
prior to the scheduled work.
ln an emergency, the Town may remove or trim such a tree without notice.
(3) ry_o p9json_shall bark, break,.climb, c¡rt, dqfaçe, injure, root up or othenruise destroy or
damage any tree or any part thereof or climb, cui damaqe, deface, inlure or remove
any þox, casing or support surrounding any tree in a ttreet, pait< ör other public
property.
(4) ry-o- pqrsonshallfasþn an.animal by a leash to any tree, box, casing, meter, sign, support or
utility in a street, park or other public property.
i)
Nq person shall fasten an_anima! by a leash on private property such that the
animalthreatens the safety of the publii in a street, pari< or otheir publiiproperty.
ii)
No person s.hallfasten.a rope, chain, orwire to any tree, box, casing meteç sign,
support.or utility on a street,. park or o!!er public próperty for the purþose of
redirecting pedestrian or vehicular trafiìc.
(5) The Town of Plymptol-Wyoming will. not be responsible for any unauthorized private
installations such.as; fences, flower beds, trees', retaining wallé, private parkirig on
shoulder of road that may have to be removed because ót safety hazarå or
damaged/removed during road, water main, or sewer constructión or repair.
i)
ii)
(1) No per.son shall altg¡ break, excavate, remove or othenruise chanqe. damaoe. disruot
or modúy any part of a street, park or other public property without perñriésion ot-tnä Town.
(2) No person shall park or cause a vehicle to be parked on a boutevard.
(3) No person shall spill or track any substance onto a street.
i)
The cleanup and restoration of the street to its original condition or better will be at
the person's cost and expense.
(4) No person .shall deliver or remove, cause to be delivered or removed anv material
trom a building being altered, demolished, erected or repaired withóut usino
established entrances ãnd crossings. Adequate protection to pievent dárñagd tõãnv
street or public utility must also beþrovided'.
i)
No pe.rson shall make application for a building permit or for any other construction
ope.ration.without making a deposit of $1000.00 pursuant to By-Law 46 of 2014
"Bejng a by.-law rggpectirg _Cohstruction, Demolition and Chanþe of Use Permit
and .lnspection within the Town of Plympton Wyoming" for 'Úamages to any
municip_al road or property and encouiagement tö f¡nisñ the project-in a timely
fashion".
(5) ]he. private property owners shall be responsible for the care and maintenance of the
boulevards and alle¡nruays adjacent to their'property.
By-law 79 oÍ 2018
Page 5 of 25
(6) The Town strives to maintain all rural roadside ditches to existing levels of service by
mowing them a least twice a year.
(7) lf the adjacent property owner is unable to maintain an alleyway or boulevard, the
property owner can submit a request for relief in writing to the Corporation.
(8) Alleyways are subject to all of the provision of this By-law and are considered the
same as a street.
(9) The private
driveway as
sidewalk.
property owners shall be responsible for the care and maintenance of their
well as any private walkways leading to or connecting to the public roadway or
9. TEMPOARY CLOSING OF A ROADWAY
10. CORPORATION FORCES
ADMINISTER AND I
PECT ALL CONN
sTo
CORPORATION INFRASTRUCUTRE
(1) All connections to Corporation infrastructure shall be made by completing a Service
lnstallation Application with the Corporation, (as attached in Schedule 1).
(2) A minimum of twenty working days' notice shall be given to the Town before
connections can be completed.
(3) The applicant is responsible for all costs associated with the installation of the
requested connection as well as all fees and deposits outlined in Service lnstallation
Application, (as attached in Schedule 1).
(4) The Town will determine the lnstallation Fee by releasing a request for quotation to a
group of preapproved contractor to install the requested services. Any third party
engineering fees required to facilitate the request will be included in the total
installation fee.
(5) The Corporation authorizes the Town to execute an agreement in the form of the
Service lnstallationApplication, (as attached in Schedule 1), with the property
owner/applicant to facilitate the installation of the requested services.
(6) All necessary construction and restoration shall be done in accordance with the
Corporation's Standard Specifications.
(7) The location, elevation and method of construction of all services across the street
shall be subject to the approval of the Town.
(8) Upon completion of the said installation, the applicant shall repair the road and the
roadside to the pre-construction condition.
(9) The appropriate Servicing lnstallation Application as shown in Schedule 1 must be
completed for all connections and services. Please refer to the Water Works By-law
and the Sewer Construction By-law for further details.
By-law 79 o12018
Page 6 of 25
(1) A request to close a roadway shall be made to the Town at least fofi eight (48) hours prior
to the intended commencement of the desired work. The Corporatiõn fbrcbs sfrail be
exempt from this section.
i)
The applicant for a roadway closing shall provide and maintain, at his cost, an
acceptable route detour including directional signage for through traffic and a
suitable þypass for all local property owners or oõcuþants who ca--nnot reach their
property by any other means.
i¡)
The lplllicant shall install and maintain barricades, signs and lighting in accordance
with OTM Book 7.
iii)
The applicant shall ensure that garbage collection can be undertaken on the
regular pickup day during the constiuctioñ period.
11.
12. tN
UPATION OR MODIF
OF THE STREET
(1) No person shall excavate a street without first completing a street
Excavation/occupation/Modification Application, sbhed üle 2.
(2) The applicant shall provide a sketch showing location and area to be affected by the
proposed work.
(3) The application fee shall be paid pursuant to Schedule 2.
(4) The applicant shall comply with all Federal, Provincial and Municipal laws and
regulatlons^including but.not.limited to the Workers' Compensatioit Act, Ontario
Provlnclal Occupational Health and SafetyAct, Accessibílity for Ontariáns with
Disabilities Act and OTM Book 7.
(5) The applicant shall be served notice by the Town for failure to install and maintain the
required barricades, lights, safety devi-ces or signs.
i)
Failure lo tg.t up 3g perthe current and accepted edition OTM Book 7 may result
in construction delays or shut down by the Town.
(6) The T-oyr¡ pay install banicades, lights, safety devices or signs at the epst and expense of the
permit holder when he fails to comþly with thti notice.
(7) The applicant shall be responsible for maintaininq liability and propertv damaqe
insurance accept?þle to the Tow¡ pu.rsu?nt to Schedule 3 agaínst'losé or darñaqe
resulting from bodily injury to or dejath of one or more persoñs and loss of- ór Oalaoe
to property and such pôlicy shall name the Town as an additional insured tfreréunOei-
and shall protect the Town against all claims for all damaqe to anv propertv of the
lown or any other public or private property resultinq from or arisínb oüt of anv act or
omission on the part of the person during the execu[ion of the contiâct and thé
person.shall fon¡rard with hi's applicationfor a permit with a certified copy of tnè policy
or certificate thereof as the Town may direct.
(8) The applicant shall cleanup, repair or restore the entire work area in accordance with
the Town's policies, by-laws and standards specifications.
(9) The applicant shall make good any settlement or consolidation resultinq from the
excavation or work and guãrantee the restoration of the work area for onð yeár from tfre
date the completed work-ls inspected and accepted by the Town.
(10) The site shall be inspected at the beginninq and end of the quaranteed
maintenance period ând any deficiencìes shãll be rectified by"thé áppl¡cant.
(1 1) When the cþanup, repair or restoration of the excavation or work area is not done as
directed,.the Town'may have the work carried out at the cost and exþensè oi tñe - --
applicant, and recoveied pursuant to Section 17
BLIC UTILITY INFRASTRUCTURE IN THE STREET
(1) Municipal ConsentApplication (MC) is required to authorize a utility company to
install their infrastructure in a specific location within the corporation's streets.
Please see Schedule 5 for details.
(2) The Town has standard alignments and corridors to avoid conflicts in the planning of
projects occupying the corporation's streets and to minimize the impact of proposed
work on the adjacent infrastructure. The Town reserves the right to specify the
location of any and all utilities installed within the street.
(3) A MC is only issued to utility companies, commissions, agencies and private
applicant who have the authority to construct, operate and maintain their
infrastructure within the street as established through legislation or agreement.
(4) All utility work, with a few exceptions, within the corporation's streets requires a
Street Excavation/Occupation/Modification Application as per Schedule 2.
Exceptions will only be provided in the case of an emergency. A street
Excavation/Occupation/Modification Application for utility works will not be granted
until the MC is approved by the Town
ByJaw 79 oÍ 2018
PageT ol 25
13. CULVERTS. DITCHES. GUTTERS AN
SWALES
(1) .T,9-Pgl193:Ellfill or obstruct any culvert.ditch, gutte¡ or swate on any street, park,
water course, drain or other publib property.
(2) Where there jg ? deqp roadside ditch, the adjacent propertv owner mav want to
enclose the ditch to improve the propbrty apþearànõe-if áriËroveo oú ilíe'row'ìIrne
following condition will'apply:
i) Ile^._o_*19r lwould.be responsible for 1O0o/o of the cost of work including
taþour, equipment materials and maintenance.
¡i) $l! w^ork must be carried out in accordance with Section 10 and Schedule 2 of
this By-Law.
iii) The e-nclosed roadside ditch will be considered a private drainaqe svstem and
therefore will require the property owner to enter ihto an EncroáËhmêni - -
Agreement with the corp'orationãs ouflined in schédu¡e +. - -
iv) Ditch enclosures are to be installed as per Corporation Standard Specification
or as directed by the Town.
(3) No p.erson shall block any culvert, ditch, gutter or swale in a manner which results in
ïloodrng. or stancllno water causing a hazard or endanger the safety of property,
pedestiians or vehÍcles.
i) An1' Person responsible for such a condition shall return the culvert, ditch,
gutter or swale to a safe condition at their cost and expense.
¡i) lf the hazardous condition is not rectified, the Town mav serve notice on the
person responsible to remove the blockage immediately.
iii) Blockages not removed as directed by the Town shall be removed at the cost
and expense of the person, see Section 1T for details.
14. ICE AND SNOW
(1) No person shall deposit or cause to be deposited ice or snow on a roadway or
sidewalk.
(2) No person shall deposit or cause to be deposited ice or snow on a boulevard that is
not adjoining their property, including but not limited to snow pushed or
deposited across a street.
(3) No peson shall deposit or cause to be deposited ice or snow on a boulevard that obstructs
the line of sight of a driver or pedestrian.
(4) No perso_n.shall deposit or cause to be deposited ice or snow from private property onto any
portion of the street.
¡)
Only sn-o.w from th-e roadway and sidewalks can be deposited within the
sJleet when possible, snow shall be divided evenry on boûr sides of the
driveway.
¡¡)
No snow shall be deposited on or against a fire hydrant restricting
its access or presence.
(5) The Town may d.irect that ice and snow deposited in contravention of this Bv-law be
removed immêdiately. lce and snow not reinoved as directed bv the fôwn rñaü nã-
removed at the ownér's cost and expense, pursuant to section'17. '-'' --
(6) The Corporation WILL NOT replace or repair any driveway markers, lights, posts,
curbs, retaining structures (including walls), signs, etc, damaged by Town
equipment, including fly-snow, slush, gravel, etc., which have been installed or
erected within the street.
(7) No pqr.son shall remove or cause to be removed any deicer or abrasive aoolied to
any sidewalk or paved boulevard by the Town to combat hazardous winteÏ
conditions.
By-law 79 of 2018
Page I of 25
i)
The TpWn may direct the person responsible for the removal to replace
any deicers oi abrasives ät his cost änd expense.
ii)
D.eicers and abrasives not replaced as directed by the Town mav be olaced
at the cost and expense of thê person responsibté iòitréii iemõvãL
I5. ACCESS CONTROL
(1) llo person shall establish, construct, relocate or widen a drivewav or use anv part of
the boulevard or sidewalk for the purpose of a drivewav without first còmoiei¡fo ä -
street Excavation/oç.c,upctio1{rlø¡iðation Afp[icai¡òñ,'tséi: s¿hödùb äjIôîäñtðr¡ng
into an agreement with the corporation. I I
(2) No. p.e.fsgn shall pave over or cause to be paved over anv sidewalk when
estaþtrshrng, constructing, paving, relocat[ng or wideninçi a driveway.
(3) The number of driveways shall be limited to one driveway per property unless
otherwise permitted by the Town or approved by entering into an agreement with the
Corporation.
(4) fhe owner shall remove any driveway which becomes superfluous or contravenes
this By-law at their own cosi and expênse, pursuant to séclio;17. -
(5) F^Y9ryt9r,s,9_n_who closes a driveway or who is required to close a driveway shall
reinstate the ditch, boulevard, curb,'roadway and'sidewalk at their own cðétãnï
expense to meet the conditions, policies and standards of the Town.
(0) Tþg.Tqwn.mal reinstate_, restore or reconstruct any drivewav where the owner fails to
ablde by the Town's policies, standards or by-laws at the co'st and expense of the -
owner.
(7) llo pelsgn shall alter or construct a driveway that interferes with a utility or endangers
the safety of the public.
i)
4Person.may arrange with the public utility for an adjustment or relocation
oï tne utlllty or modtfy the driveway design to eliminate the conflict.
ll)
Any cost or expense associated with the adjustment or relocation shall be
borne by the applicant.
(8) Every person requiring a high volume access drivewav or access to a loadino area
!1,a.t-1s-l'_99Y¡l9q undel the,Zoning By-law shall provide-a-n area.on private proþerty for
all vehlcles to turn around and ingress and egiess in a fonryard dirêction.
(9) Any new drivew.aYlor widening. of existing driveways requiring a curb cut must have prior
approval from the Town and only cut by an approvéd contractór using an appropriate'curb
cutting machine.
(10) Any curb cuts no! apprqved by the Town and/or canied out by anyone other than an
lPProved contractor could result in restorative cost recovery fóm the owner, pursuant to
Section 17.
(11) All driveways, including the portion within the road allowance, are to be constructed
and maintained by the adjacent property owners at their cost.
(12) Any driveway gfegJed by road/street reconstruction/paving will be adjusted by the
Town at no cost to the property owner to the pre-condtructión conditioñ, or betÍer.
(13) Paving of private d.riveways within a road allowance is permitted provided that the
paving material and driveway elevation is approved by the Town.
'
(14) The Town is not responsible for a driveway's pavement damage that may be
caused during snow removal operations.
(15) The Town has the right to prohibit driveway construction in a proposed location if it
may create a safety hazard for motorists of pedestrians
(16) Where a driveway or entrance exists or is to be installed in an rural area where a
roadside ditch is present the following conditions and specification apply:
ByJaw 79 of 2018
Page 9 of 25
i) The owler of any lands requiring a private driveway and/or walkway leading
to a pub.lic llighway wf'lqh has a surface drainage system and whicñ is
located in the Town of Plympton-wyoming shali-be iesponsible for the
installation of an approved culvert ñateriãl as specified ny tne Town. The
owner shall also be responsible to ensure that duch culvert shall be installed
before any building construction occurs on the property.
¡¡) All errtrance culverts shall be installed by_ a qualified contractor approved by
þe Tolrrn, and shall cqmplywith but notl¡mitbd to the Corporatioñ'i Standaid
Specification and the following conditions:
a) Be of an approved material.
b) Have a minimum diameter of 450mm
c) H3yq a minimum length of g meters excepting walkway culverts
which shall have a minimum length of 2 meteis
d) Laid to a designated line and grade, to provide positive drainage
e) Be surrounded by a minimum of 150mm compacted granular
material.
iii) Before any work commences to install an entrance culvert, the owner or
agent shall complete a Service Installation Application as outlined in Section
10 and Schedule 2.
iv) The total cost of the entrance culvert installation including
overhead, and any other applicable charges to such work,
the owner of the land.
v) Where any relocation or replacement of an existing culvert is required due to
road construction, the corporation shall carry out tñe required wórks at the
municipality's expense.
vi) lf a result of road reconstruction there is a need for the entrance culvert, the
Town will install one entrance per one registered lot at no cost to the
landowner. Should the property be divided by an open ditch drain, the Town
will provide a second access at no cost to the landowner.
vii) Where gny relocation, replacement or extension of an existing culvert is
required QV t!:'." owner, the owner shall pay for the total cost oi the required
works and will c3rry out the works in accordance with the requirements of this
by-law and the Town.
viii)Where any replacement of an existing culvert is required due to deteriorated
condition, the owner shall pay all cost.
ix) The Town shall maintain flow through driveway culverts where the same are
in good conditions. Culverts which have been damaged to such an extent as
to prevent such flow shall be repaired or replaced atlhe owner's cost. ln the
event that the owner does not make arrangements with the Town for the work
within 10 working days on receipt of notificãtion from the Town of the
necessity of such work, the Town may remove the culvert in order to maintain
drainage.
material, labour,
shall be paid by
16. RURAL MAILBOX LOCATION
CONSIDERATIONS
(1) The Town of Plympton-Wyoming will repair or replace mailbox installation that has
been physically damaged by direct contact with the snow removal equipment
provided that the installation conforms to the installation standards. The cost of the
mailbox and the post shall not exceed the amount of $200.00. The Town will not
repair/replace mailboxes damaged by flying snow or slush.
(2) Mailboxes will be removed by the Town's Public Works Department when road re-
construction necessitates. The Town will be responsible for the re-installation of the
mailboxes when construction work has been completed.
By-law 79 of 2M8
Page l0 of 25
(3) The Town of Plympton-Wyoming accepts no responsibility for mailboxes that are
damaged by the third party.
(4) Mailboxes erected within a road allowance are, in point of law, encroaching thereon
and may render the owner liable and subject to legal action should such an
installation be the cause of any loss, damage or injury to others, including the Town
and its equipment.
(5) The placing of individual rural mail boxes on a street is governed by the Regulations
for Rural Mail Delivery as provided by the Postmaster G-eneral of Cãnada and must
be installed as per the guidelines set out in schedule 5 of this by-law.
(6) The establishing of a location for a group mailbox, Canada Post and the Town must
agree on the location.
EMERGENCY AND MAINTENANCE VEHICLES
17.
18. COLLECTION OF
ITS. EXPENSES. AND FEES
19. ADMINISTRATION AND ENFORC EMFNT
The Town shall be responsible for the administration and enforcement of this By-law.
(1) 4n ambulance,.fire, po_lice or other emergency vehicle responding to an emergency
shall be exempt from Sections 4.(6) and12.
(2) A vehiclg..gng3ggd in the construction or maintenance of a utility for or on behalf of a
puþttc uttttty shail þe exempt from sections 4.(6) and 12.
(3) A velicle engaged in the construction or maintenance of a utilitv for or on behalf of
the ¡own shall be exempt from sections 4.(6), 12 and 14.(2).
(1) The Town shall collect all deposits, expenses and fees required under this By-law.
(2) The Tgwn shallinvoice the depositor for any and all costs and expenses incurred for
work done on his behalf when the depositoÍ neglects to abide bV'tne teimèif iñË -
By-law.
i)
The Town shall invoice a person direcfly for anv and all costs and
expenses incurred for woik done on his behalf when the depositor
neglects to abide by the terms of this by-law.
ii)
Any, person w-h.o willfu.lly.contravenes any provision of this by-law will be
held responsible for all damages and coátb arisinq from the'contravention
and will be invoiced accordingly. lf the invoice is n"ot paid within inà tiniã
allowed by.current Corporatioï.polices and by-laws þenalty, àn¿ intðiêðt
will be ?PÞlied and the'outstand'ing balance vú¡ll Ue tiansfeíieO to propériy
taxes at year end.
(3) Any deposit held by the Town may be used to reduce the amount of an invoice issued
to recover the cost-and expenses'incurred by the Town for work requiied uñOõr tnið ay-
law.
(4) 4ny expense incurred by the Town to do work required under this Bv-law because of
default þy th.e owner may be levied against the owner and recovereô in like manner
as municipal taxes.
(5) N-ery_ p,ermils will not be issued until the outstanding invoices have been paid and the
deposit restored to its fullamount.
(6) Wþqrg a deposit remains unclaimed for more than six (6) vears, the Town shall
publish a notice containing a list of such unclaimed moìliêó, includinq the namé of the
depositor stating that any person having a claim to anv of the monieõ are reouired to
proye. their claim within ninety (90) days from the date-of such publication. Anv
unclalmed monteg may be transferred to the general funds of the Town free of and
from any claim whatsoever.
By-law 79 of 2018
Page 1l of25
20
21. GENERAL PROVISIONS
(4)
(5)
PENALTIES
Every person.who contravenes the provisions of this by-law shallbe guilty of an offence
and shall be liable to penalties as piovided for in the Þíovinciái ötfenËeö Äðt Cliapiði'--
P.33, R.S.O. 1990.
(1) Headinqs not part of By-law
I_1" !g"9'lgs in the body of this. By-law form no part of the By-law but are inserted
TOr COnVentence o1 relerence only
(2) Gender and Number
Reference in this By-law to masculine gender includes the feminine, and reference
to the singular includes the plural as dõtermined by the context- -'
(3) Schedules
The schedule(s) attached to this By-law shall form part thereof
Deviation from Forms
Where a form or words or expressions are prescribed in anv schedule to this Bv-law.
deviations therefrom not affebting the substance or calculatäo to m¡éiéãð êrráll ñof
--'
invalidate such forms, words, oréxpressions or any parking infractiõn not¡cJlñ'wn¡cn
they appear.
Conflict with Hiqhwav TrafficAct
ln the event of conflict between the
Act, the provisions of the Act prevai
(6) Severability
22. VAL¡DITY
!f any section or sections of this By-law or parts thereof mav be found bv anv court to
be illeg-al or..beyond the power of Council tö enact, such seótion or secti'ons ôr parts
thereof shall be deemed to be severable and all other sections or parts of this bv-law
shall be deemed to be separate and independent therefrom anO cõnt¡nuê ¡n tuäTorãä
and effect unless and until similarly found and this By-law shall be enácied as éuófr.-
(7) This By-law supercedes a¡d. replaces any other By-law which through inadvertence,
may not have been repealed.
¡rovisions
of this By-law and the Highway Traffic
By-law 79 of 2018
Page 12 oi 25
(1) lf any section, of this By-layv is for any reason held to be invalid, the remaining
sections shall remain in effect until répealed.
(2) Where a provision of this By-law conflicts with the provisions of another bv-law in
force In the corporation, the provision of the established the hiqher standãrds to
protect the heaìth safety and welfare of the general public preväils.
(3) This By-law shall come into force and take effect on its passing.
Read a first and taken as read a second and third time and finally passed this 2gth day of
August, 2018.
Mayor
Lo
Kwa rcr
_E
Streets Bv-law List of Schedules
1. Servicing Installation Application
2. Street Excavation/Occupation/Modification Application
3. Encroachment Agreement
4. Moving/Oversize/Ovenrveig ht Appl ication
5. Municipal ConsentApplication
6. Rural Mail Box Installation Guidelines
By{aw 79 oi 2018
Page 13 of 25
PUBLIC WORKS DEPARTMENT
546 Niagara St, P.O Box 250
Wyoming, ON NON 1T0
Telephone: 51 9-845-3939
Fax: 51 9-845-0597
Toll-Free: 1 -877 -313-3939
SCHEDULE 1
for The sewer Construction By-Law, The water works By-Law and streets By-Law
Service lnstallation Application
Name and Phone Number
of Property Owner
(please print)
Address of Property
to be Serviced:
Date of Request:
Received by
(Office Staff)
The Property Owner acknowledges and accepts that the following fees and deposits shall
apply:
lnstallation Fee
(*quoted or estimated cost of installing the services without HST.) $
Net HST
(1.76% on installation fee)
$
Culvert lnstallation Fee
(**Standard Fee $3300.00 E or included in installation Fee E
$
Administration Fee
(10% of the installation and or culvert fee up to $500.00)
lnspection Fee
(***$55.00 per service***)
HST
(13% on administration, inspection, culvert fees)
TOTAL
(amount to be deposited by owner)
*lnstallation fee rs based on the resu/fs of a Request for Quotation released by the Corporation
to provide the requested seruices or as estimated by the Town. The property owner witl be
reimbursed appropriately if the final construction cosf rs /ess than the initiat inspection fee. The
propefty owner will be invoiced if the final cost of construction is greater than the inspection
fee. lf the invoice is not paid for within 30 days, penatty wilt appty and be apptied to the
outstanding balance. lf the outstanding balance is not paid within a calendar year, the balance
will be transferred to property taxes."
"*Standard access culverts shall be installed by municipal forces as per fhe Sfreefs By-Law. tf
installation of an access culvert rs requesfed in conjunction with other seryices or is non
standard, the work will be included in lnstallation Fee*"
***The lnspection Fee will be reviewed annually and is based on 1.5 hours of operator time per
Seryice ***
Signature of Propefty Owner:
Date
Approved by (name and title):
ByJaw 79 of 2018
Page 14 of 25
$
$
$
Signature
Date
Telephone Number:
Fax Number:
SECTION ONE - AP
Applicant
Representative
E-mail:
Type of lnstallation
Location of Work:
Signature of
Applicant
/Representative
sEcTtoN Two -
Same as applicant?
Contact Person:
Company Name:
Address:
City:
Phone:
Email:
Signature:
SECTION TWO - INF
Location of Work
Type of Work:
Date of Application
Start Date:
Completion Date:
PUBLIC WORKS DEPARTMENT
546 Niagara St, P.O Box 250
Wyoming, ON NON 1T0
Telephone: 51 9-845-3939
Fax: 51 9-845-0597
Toll-Free: 1 -866-324-6912
By-law 79 of 2018
Page 15 of 25
SCHEDULE 2 - Pa
I of 3
to By-Law 79 of 2018
Street Excavation/Occ u pation/Mod ification Ap pl ication
INFORMATION
TRACTOR
YES / NO
ORMATION
SCHEDULE2- Paoe 2oÍ3
to By-Law 79 of 2018
Circle all that Apply:
Excavate: Roadway / Curb / Sidewalk / Boulevard / Ditch
Bore under: Roadway / Curb / Sidewalk / Boutevard / Ditch
Occupy: Roadway / Curb / Sidewalk / Boulevard / Ditch
Modify: Roadway / Curb / Sidewalk / Boulevard / Ditch
$250.00 Application/lnspection Fee Paid: yES / NO / N/A
$2,000.00 Damage Deposit Paid (Certified Cheque): yES / NO / N/A
Copy of WSIB Certificate Provided: YES / NO / N/A
Copy of lnsurance Certificate Provided: YES / NO / N/A
Drawings provided: Below /Attached / N/A
SECTION THREE - TRAFFIC IMPACT
Circle all that Apply:
closure: Roadway / Lane / sidewalk / shoulder / Boulevard / Laneway
lmpact to: Traffic / Pedestrians / Property Owners Access
Copy of Traffic Control Plan Provided: YES / NO / N/A/Attached
A Traffic Control Plan must be submitted 2 working days prior to construction
Other: (please describe below)
ByJaw 79 of 2018
Page 16 of 25
SCHEDULÊ 2 - Pa
3of3
to By-Law 79 of 2018
SECTION THREE - SPECIAL CONDITIONS AN
INDEMNIFI
oNs
We, the undersigned applicants, agree and bind ourselves to indemnify and save harmless the
Corporation from any and all claims arising as a result of the work identified in this application.
a) THAT we will indemnify and save harmless the Corporation from claims from either the
travelling public or the private property owners, arising out of or as a result of the work
for which the permit is requested.
b) THAT the applicant is obligated to see that no existing cables conduits structures, or
other appurtenances are interfered with. The Corporation does not guarantee that the
location chosen is not in use by other utilities or services.
c) THAT the person in direct charge of the work will, at any time during progress of the
work, advise the number of the permit for the work involved, when õo requested by the
Town.
d) THAT the applicant will restore the disturbed portions of the street to its original condition
promptly.
e)
THAT all roads shall be kept clear of lumber, sod, bricks, paving stone, gravel, mud or
any other material pertaining to this job. Failure to remove material fromthe street after
notice is given by the Corporation can result in cost of removal deducted from your
deposit.
f) THAT the public will be properly safeguarded at all times.
g) THAT we will abide by the Occupational Health and Safety Act as set out in Ontario
regulation 213191and any amendments thereto.
h) THAT all backfilling within the travelled portion of the road will be entirely of granular
material and well compacted.
i) THAT we will assume responsibility for seeing that any maintenance required thereafter
as a result of the work will be promptly attended to at our expense as soon as such
maintenance is needed.
i)
THAT upon failure to make such necessary repairs within 24 hours of such repairs
becoming necessary, it is understood that the Municipality reserves the right to take such
steps as it deems necessary to correct the condition deduct the cost of such repairs from
the deposit.
k) THAT when possible road crossings are to be BORED. Pavement must not be cut. Bore
pits to be located outside of the shoulder area a minimum of 3 meters from the edge of
pavement. Compaction of backfills shall be g5% Standard Proctor. All Disturbed aieas
must be restored to original conditions including the necessary sodding and seeding.
Disturbed sidewalks and curb and gutter shall be replaced.
I have read and understand the conditions of Street Excavation/Occupation/Modìfication
Application. Authorization is hereby granted to the applicant and/or his agents to perform the
above describe work subiect to the General Conditions named in the Apftication and subject to
the following additional specific conditions. By beginning the work on the road allowance, the
Applicant(s) agree and bind themselves to ALL conditions on this Permit.
Applicant
Date:
Contractor
Date
By-law 79 ot 2018
Page 17 ol 25
Town
Date
PUBLIC WORKS DEPARTMENT
546 Niagara St, P.O Box 250
Wyoming, ON NON 1T0
Telephone: 51 9-845-3939
Fax: 51 9-845-0597
Toll-Free: 1 -866-324-6912
SCHEDULE 3 -
1 ol2
to By-Law 79 of 2018
Movi n g/Oversize/Overwei g ht Load Appl ication
Company Name
Contact Person
Address
Postal Code
Phone
Fax:
Email
Date(s) of Move
Start Time:
Number of Loads
Completion Time:
License Plate:
Vehicle Type
Number of Axles
Number of Tires
GR\A¡ú
Gross Weight of Proposed Vehicle and Load
Overall Width (Vehicle and Load)
*(2.6 meters or I feet 5 inches)*
Overall Length (Vehicle and Load):
.(21.3 meters or 69 feet 10 inches)*
Overall Height (Vehicle and Load): _
*(4.15 meters or 13 feet 6 inches)*
*(Maximum without permit as per Corporation By-Law 7g of 2O1B)-
Description of Load
Description of Route
lA/úe hereby certify that lÁ/r/e have knowledge of the particulars contained in the foregoing
statement and lAffe solemnly declare that they are truly and fully stated to the best of my/oui
knowledge or belief. ln consideration of permission being granted as herein requested, j¡/'/e
the undersigned jointly and severally agree to and hereby do indemnify the Town of plympton-
Wyoming from all claims and damages to persons and properties including but not limited to,
cost of repair to, or replacement of sidewalks, trees, curbs and gutters arising out of any or all
acts or works being done in connection with the work outlined herein. U1ffe joinfly and severally
agree to comply to the provisions to the Moving of Structures on Streets By-Law of the
Corporation of the Town of Plympton-Wyoming and any amendments thereto. lANe joinfly and
severally further agree that neither the granting of the permit shall in any way relive me/us from
full responsibility for carrying out the work in accordance with the requirements of the By-law
above mentioned lt is the mover's responsibility to ensure the selected route is suitable.
Applicant:
Signature:
Date
AUTHORIZATIONS
Hydro One
Cable TV Company
Union Gas
Lambton County
Canadian National Railway
Telephone Company
Ontario Provincial Police
Plympton-Wyoming Fire
Application Fee Paid? Late Fee paid?
YES
NO
YES NO N/A
Plympton-Wyoming Public Works
Ext
Police Escort Required?
YES
NO
Certificate of lnsurance Provided?
YES
NO
1
SCHEDULE 3 -
2 o12
to By-Law 79 of 2018
Requirements for Oversize Loads
INFORMATION
The Town requires a damage deposit from the permit holder in the amount of $3,000.00
a-nd provide a copy of a valid insurance certificate with a minimum of 95,000,000.00
(five million dollars in Canadian currency) naming the Town of Plympton-Wyoming as an
additional insurance and a cross liability ctause for any oversized loads. The depõsit will
be refunded after 20 working days from the move date, upon request of the shipper.
The applicant is responsible to thoroughly review the form and obtain all of the required
authorizations for loads over 4.15m (13.7feet).
It is the responsibility applicant to provide notice to all affected parties, (utilities
companies, emergency services, etc.). The applicant must also provide proof of
authorization. The applicant must provide the Town with a complete application with all
the necessary authorization a minimum of two working days in advance of the
proposed move date. Any application received and deemed complete less than two
working days prior to the proposed move date will have a later fee applied.
4. The application fee is *"$250.00**.
5. Late fee is **$125.00** as per requirement 3
By-law 79 of 2Oß
Page 19 of 25
2
3
**All fees are non-refundable*"
Fax 519-336-9852
Fax: 519-667-4263
.com
R
eco
ca
n
Fax: 519-845-3872
Fax: 519-845-3872
Fax: 519-845-3872
Fax: 519-845-3872
Fax: 51 9-845-0597
Fax: 51 9-845-0597
Fax: 51 9-845-0597
905-669-3184
eastlink
tneen
en
519-845-0809 x5370
519-845-0809 x5326
519-845-0809 x5310
519-845-0809 x5345
OPP. Lambton. Paid. DutvtOooo.ca
519-845-3939
519-845-3939
519-845-3939
519-383-8298
519-317-4807
londd raft [email protected]
519-667-4100 x 5154243
LargeVessel Moves-P M C @ Hvd roOne. com
519-972-4061
519-336-0443 x4
Georgina
McCaw
John Peters
London
Drafti
London
Drafti
Large Vessel
Moves
Kevin Gadd
Todd Batson
n Whalen
E
Matt Deline
Rob Ste
a
tn
Katie
Duncan
Cin
Lambton Paid
Petersen
Antho
Adam Sobanski
Steve Clemens
Bell Ganada
Primary
Att.
Union Gas
Primary
Att.
ro One
Primary
eco Cable
Prima
Alt
Contact List:
Ganadian National Railroad
Prima
Eastlink
Prima
Lambton Cou
Prima
Alt
Ontario Provincial Police - Lambton Coun
Primary
Town of
i
Public Works De
rtment
Pri
Alt.
Town of
mtn
Fire De
Prim
THIS AGREEMENT made the
day of
BETWEEN:
SCHEDULE4-Pase1 of4
to By-Law 79 of 2018
Encroachment Agreement
(Hereinafter called the "Owner")
-and-
PUBLIC WORKS DEPARTMENT
546 Niagara St, P.O Box 250
Wyoming, ON NON 1T0
Telephone: 5 1 9-845-3939
Fax: 51 9-845-0597
Toll-Free: 1 -866-324-6912
Of the First Part
20
THE CORPORATION OF THE TOWN OF PLYMPTON-VVYOMING
(Herinafter called the "Town")
Of the Second Part
wHEREAS the owner represents thi:ffåii,rffiåîiö:l,lîîr1'.Hlü:?'y"*îì:î:"0 "'
AND WHEREAS this Agreement shall be registered against the Land and the Town is
entitled to enforce the provisions thereof against the Owner;
NOW THEREFORE in consideration of the permission granted by the Town to the Owner to
encroach and the covenants and agreements contained herein, the parties agree as
follows:
1. The owner and the Town agree that the above recitals are true
2. The Owner acknowledges and agrees that
is owned by
the Town, including that portion of
Encroaching tile drain is located.
upon which the
3
The Town hereby grants permissio
Owner, to encroach upon a portion
n to the Owner, at the sole risk and expense of the
of
("Encroachment Lands") as follows
a. The encroachment authorized by the Town is as shown in the drawings and special
provisions attached hereto as Schedule "A"; and
b. The encroachment consists of:
The Owner shall make no physical alterations to the Encroachment Lands or
construct, install or otheruvise place any structures or install any materials on or over
the Encroachment Lands without the prior written consent of the Town, save and
except those works and installations required to maintain the Encroachment in a
sound, neat and safe condition. The Owner agrees that any additional or alternative
materials that may be installed on the Encroachment Lands shall be immediately
removed at the Owner's sole risk and expense.
By-law 79 of 2M8
Page 20 of 25
4
5
6
The encroachment is permitted to remain for the earlier of the lifetime of the
Encroachment or until such time as this Agreement is terminated in accordance with
paragraph 13 of thisAgreement.
The Owner will indemnify and save the Town harmless from any and all claims, loss,
expense, damage, demands, actions, judgments or liability howsoever incurred by the
Town arising from the exercise of the privileges herein granted to the Owner or
incurred, sustained or paid by the Town in consequence or the encroachment
permitted by this Agreement. The Owner waives, as against the Town, all claims of
whatever nature, where such loss, damage, expense, lìability or claim, arises direcly
or indirectly out of or is attributable to the encroachments or the exercise by the Owñer
or others of the privileges herein granted.
7. The Owner grants to the Town full power and authority to setfle any actions, suits,
claims, and demand s on such terms as the Town may deem advisable and hereby
covenant and agree with the Town to pay the Town on demand all monies paid by the
Town in pursuance of such settlement and also such sum as shall represent the
reasonable costs of the Town or its solicito(s) in defending or setfling any such
actions, suits, claims or demands and this Agreement shall not be alleged as a
defense by the Owner rn any action by any person of actual damage suffered by
reason of the encroachment permrsston granted over
I
I
10
12
13
The Owner shall obtain and maintain in force during the currency of this agreement
and at the sole expense of the Owne¡ insurance providing coverage for pubtic liability
and property damage in the minimum of Five Million Dollars ($5,000,000.00¡. ffre
Town shall be named as an additional insured, and the policy shall contain a cross-
liability clause, to the satisfaction of the Town. The Owner agrees to fonruard to the
Town the original or a certified copy of the policy of such insurance, and the annual
renewals thereof. lt is acknowledged and agreed by the Owner that the provision of
such insurance shall in no way relieve or limit the obligations of the Owner pursuant to
this agreement.
The Owner waives any claim against the Town for damages
resulting from the Town's activities on, under, upon or within
to the encroachment
The Owner hereby consents to the registration of this Agreement against tifle to the
Land.
11. The Town hereby consents to the registration of this Agreement against tifle to
and more specifically the Encroachment Lands
a
The Owner hereby consents that all costs associated with the registration of this
Agreement shall be payable by the Owner.
The Town shall be entitled to terminate this agreement:
Forthwith upon failure of the Owner to operate in accordance with all applicable
laws and in accordance with the terms of this agreement, provided the'Owner has
not, within thirty (30) days of receiving written notification from the Town, rectified
any such non-compliance; or,
ln the event that the Town requires all or any portion of the Encroachment Lands
that are subject to the encroachment rights granted under this Agreement for
municipal purpose(s) and it is not reasonably practical for the Owner to continue
using the lands concurrently with said municipal purpose(s). The Town is not
entitled to terminate the Agreement if said municipal purpose is temporary and the
encroachment may be restored for continued use by the owner after the
Encroachment Lands are no longer required by the Town.
b
By-faw 79 of 2018
Page 21 of 25
14
15
16
17
18
19
20
SCHEDULE 4 .
3 of 4
to By-Law 79 of 2018
Without limiting the obligations of the Owner herein, if the Owner defaults on any term,
covenant or provision of this Agreement and if such default continues for thirty (á0)
days after the Owner receives notice of such default by the Town (or such shorter time
as may be required in the cases of an emergency or other urgent matters or as
othenryise provided for herein), the Town shall have the right t,o remove the
Encroachment at the owner's expense. The Town's righito remove the
Encroachment includes, but is not limited to, the following events:
a. This agreement is terminated;
b. The Owner fails to maintain the insurance required under paragraph I of this
agreement;
c' An emergency, including but not limited to the Town requiring immediate access
to the Encroachment Lands for municipal purposes and is nót reasonably
practical for the Town to carry out the required works without removing the
Encroachment.
lf the Town is compelled or elects to incur any expense in connection with the removal
of the Encroachment (including any engineering or legal fees incurred in the
connection with such actions), any reasonable costs so incurred by the Town, together
with all interest thereon and any damages incurred, shall be payable by the Ownèr to
the Town and may be collectible by the Town in like manner as municifal taxes.
Nothing in this Agreement constitutes a waiver of the obligation of the Owner to
comply with the Zoning By-law of the Town, Ontario Building Code or any other By-law
of the Town, or any restrictions or regulations lawfully imposed by any ot-her authorities
having jurisdiction in connection therewith.
This Agreement and everything contained in this Agreement shall run with the land
and endure to the benefit of and be binding upon the parties hereto and their
respective heirs, executors, administrators, successors and assigns.
This Agreement shall be read with such changes of gender and number as the context
requires and all covenants and agreements herein contained shall be construed to be
several as well as joint.
Any provision of this Agreement which is prohibited or unenforceable shall be
ineffective to the extent of such prohibition or unenforceability and shall be severed
from the balance of this Agreement, all without affecting the remaining provisions of
this Agreement.
Execution of this agreement shall be deemed to be authorization by all parties to legal
counsel for the Town to register same in the appropriate Land Titles Office or Land
Registry Office without further written authorization.
21. The Owner acknowledges:
a. That they have had an adequate opportunity to read and consider this
Encroachment Agreement and to obtain such legal and other advise as
considered advisable;
b. That they understand the EncroachmentAgreement and the consequences of
signing same; and
c. That they are signing the EncroachmentAgreement voluntarily, without coercion
and without reliance on any representation, expressed or implied by the Town.
ByJaw 79 of 2O18
Page 22 ot 25
SCHEDULE4-Paoe 4ol4
to By-Law 79 of 2O18
lN WITNESS WHEREOF the partles have hereunto set their hands and seals and the
Corporation has hereunto caused to be affixed its corporate seal under the hands of the
duly authorized officers
LEGAL NAME OF PARTY
Signature
Name and Title (print)
I have the authority to bind (NAME OF pARTy)
THE CORPORATION OF THE TOWN OF PLYMPTON-WYOMING
Mayor
Clerk
We have the authority to bind the Corporation
By-law 79 oÍ 2018
Page 23 of 25
PUBLIC WORKS DEPARTMENT
546 Niagara St, P.O Box 250
Wyoming, ON NON 1T0
SCHEDULE 5
to By-Law 79 of 2018
Municioal Consent
Location of work:
Description of work:
Mandatorv Drawinq Requ i rements:
nNorth Arrow
IDriveways
nGuide rail or cable
trStreet names, property and building addresses
nLot, Concession and Township if in rural area
ELocation and dimensions of proposed utility
nLocation and dimensions of existing utilities
n Depth of proposed utility
New Utilitv Summarv:
Pulled Cables in conduit (no excavation) (m)
Pulled Cables in Conduit with pits (m):
New Cables or Conduit (m):
Aerial Cables (ea):
Pedestals, Cabinets or Stations (ea):
Other:
Special Requirements
Applicant Signature
lication
nFencing
IEdge of roadway pavement or curb
nLocation and depth of ditches
nSidewalks
nLegend
nOutline of adjacent structures
lScale
nMature trees shown with drip line
Pavement Degradation Area (sq. m):
New Gas Mains under 200mm s (m)
New Gas Main over 200mm s (m):
New utility poles (ea):
Accesses (ea):
Date
Telephone: 5 1 9-845-3939
Fax: 51 9-845-0597
Toll-Free: 1 -866-324-6912
By-law 79 ot 2018
Page 24 ol 25
MCA No
Name of Applicant:
Fax or E-mail
Expected Start Date
Utility Company Name
Street Address
Phone Number:
Date of Submission
Town Signature
Date
PUBLIGwoRKSDEPARTMENT Tetephone:519-845-3939
546 Niagara St, P.O Box 250
Wyoming, ON NON 1T0
Rural Mailbox lnstallation
SCHEDULE 6
to By-Law 79 of 2018
Fax: 519-845-0597
Tol l-Free : 1 -866-324-6912
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By-law 79 oÍ 2018
Page 25 oÍ 25
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