Prescott and Russell, Ontario
· adopted 2013-04-24
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CORPORATION OF THE UNITED COUNTIES OF PRESCOTT & RUSSELL
BY-LAW NUMBER 2013-26
A BY-LAW TO REGULATE THE CONSTRUCTION AND INSTALLATION, OF ROAD
CUTS AND CURB CUTS LOCATED ON ROADS IN THE UNITED COUNTIES OF
PRESCOTT AND RUSSELL, AND TO PROVIDE FOR THE ENTRY UPON AND
REINSTATEMENT OF ROADS IN THE UNITED COUNTIES OF PRESCOTT AND
RUSSELL.
AND WHEREAS Section 8 (1) of the Act, as amended, further provides that section 8
shall be interpreted broadly so as to confer broad authority on municipalities,
a) To enable them to govern their affairs as they consider appropriate; and
b) To enhance their ability to respond to municipal issues.
AND WHEREAS Section 11 (3) of the Act, as amended, authorises the Corporation of
the United Counties of Prescott and Russell to pass by-laws respecting matters within
the "Highway" sphere of jurisdiction;
AND WHEREAS pursuant to Section 44(1) of the Municipal Act, 2001, the municipality that
has jurisdiction over a highway or bridge shall keep it in a state of repair that is reasonable
in the circumstances, including the character and location of the highway or bridge;
AND WHEREAS Section 27 (1) of the Act, as amended, authorises the Corporation of
the United Counties of Prescott and Russell to pass by-laws in respect of the highways
under its jurisdiction;
AND WHEREAS it is desirable that criteria should be established to govern the
installation of objects in, on or under roads and sidewalks under the jurisdiction of the
Corporation of the United Counties of Prescott and Russell;
NOW THEREFORE BE IT ENACTED by the Council of the Corporation of the United
Counties of Prescott and Russell that:
DEFINITIONS
1. In this By-Law:
(a)
"Director" means the Director of Public Works of the Corporation of the United
Counties of Prescott and Russell appointed to administer and manage the
provisions of this by-law and includes his authorized subordinates and
assistants;
(b)
"Final Acceptance" means the date that the reinstated Road Cut is finally re
inspected pursuant to section 14 of this By-law.
(c)
"Preliminary Acceptance" means the date that the completed Road Cut works
are initially inspect by the Counties, subject to the Final Acceptance inspection.;
(d)
"Road" means a road allowance and includes all lands and structures
contained within the outer limits of the allowance including grassed areas,
ditches, curbs, gutters, sidewalks and other structures and includes a
"Highway" as defined under the Highway Traffic Act (Ontario) which is under
the jurisdiction of the Counties;
(e)
"Road Cut" means a surface or subsurface cut in any part of a Road made by
any means, including any excavation, reconstruction, cutting, saw cutting,
overlaying, crack sealing, breaking, boring, jacking or tunneling operations;
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(f)
"Security" means cash, certified cheque, letter of credit or bearer bonds
approved by the Corporation of the United Counties of Prescott and Russell;
ROAD CUTS
2.
No person shall undertake any Road Cut without first obtaining a road cut permit.
3.
Every person requiring a road cut permit shall apply in writing on a form provided
by the Director.
4.
This By-Law shall not apply so as to require a permit fee from any local
municipality, a public utility service in the Counties nor to any railway
incorporated under the laws of Canada.
5.
Every application for a road cut permit shall be made to the Engineer and shall
be accompanied by a non-refundable permit fee of two hundred dollars ($200.00)
and a security deposit as set out in Schedule "A". No permit shall be issued until
the required security deposit has been deposited and the fee has been paid.
6.
In order to do the works set out in the road cut permit, the permit holder shall hire
a "competent person" as defined under the Occupational Health and Safety Act
and shall submit a Traffic Control Plan to the Director, which Traffic Control Plan
must be approved in writing prior to proceeding with any works. The road cut
shall be completed within three (3) months from the date of issuance of the
permit. The Director may, upon application, renew or extend any permit issued
under this By-Law, at no charge to the applicant, if he deems it expedient.
INSURANCE
7.
Every applicant for a road cut permit shall provide and maintain Comprehensive/
Commercial General Liability insurance acceptable to the Corporation and
subject to limits specified in Schedule "B"
8.
The insurance coverage referred to above shall be maintained for three (3) years
following the date of Preliminary Acceptance..
9.
The insurance policy referred to above shall contain an endorsement to provide
the Corporation with thirty (30) days written notice of cancellation.
10.
Evidence of the insurance referred to above shall be provided to the Corporation
prior to issuance of a road cut permit and in subsequent years, including the
three (3) year period referred to herein. Such evidence of insurance shall be
satisfactory to the Corporation and if requested by the Corporation, the applicant
shall provide certified copies of the Comprehensive/Commercial General Liability
policy.
REINSTATEMENT
11.
Every Road Cut shall be backfilled with approved materials compacted by
mechanical means to obtain a degree of compaction of not less than ninety-five
percent (95%) of maximum density and shall otherwise be reinstated to the
condition prevailing prior to the Road Cut being made, all to the satisfaction of
the Engineer.
12.
The permit holder shall remain responsible for satisfactory performance of the
reinstatement of the Road Cut for a period of two (2) calendar year following the
date of the Preliminary Acceptance.
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13.
In the event of unsatisfactory performance by the reinstated Road Cut during the
two (2) year period following Preliminary Acceptance
or of unsatisfactory
condition on final inspection, the permit holder shall be notified of remedial works
required and if such required work has not been satisfactorily completed within
five (5) working days from notification, the Engineer shall have the required work
completed at the permit holder's sole expense, and the cost thereof shall be
deducted from the security deposit held and the permit holder shall be liable to
the Counties for any shortfall.
14.
After the expiration of two (2) calendar years from the date of the Preliminary
Acceptance, the reinstated Road Cut shall be re-inspected and, if approved for
Final Acceptance, the Engineer shall prepare a statement of all inspections,
repairs or reinstatement costs incurred and shall deduct all such costs from the
security deposit then held and shall release any balance remaining to the permit
holder.
ADVANCE NOTICE
15.
Before any permit holder cuts a Road which will result in the complete closing of
the Road to traffic during any part of a day, the applicant shall first obtain, not
less than twenty-four (24) hours in advance, the consent in writing of the
Engineer to such closing and, in addition, the applicant shall produce evidence
that the Officer commanding the Police Department having jurisdiction in the
area, the Chief of the Fire Department, ambulance services, any School Board or
public transportation commission operating transportation services or any
relevant agency in the area have been notified in writing of the proposed closing.
INDEMNIFICATION
16
A road cut permit is issued subject to the condition that the permit holder shall
indemnify the Corporation and each of its officers, agents, servants and workmen
from all causes of action, loss, costs or damages arising from the execution, non
execution or imperfect execution of any work authorized by this by-law whether
with or without negligence on the part of the permit holder or the officers, agents,
servants or workmen of the permit holder.
RESPONSIBILITY FOR CLAIMS
17.
Except as limited by section 20 hereof, a permit holder shall be responsible for all
loss or damages arising from the work done by or for the permit holder.
18.
A permit holder shall be responsible for all loss or damage arising directly or
indirectly from settlement of the surface of a highway.
19.
Where a highway or public utility on the highway has been damaged by a permit
holder, the Corporation or the public utility respectively has the sole authority to
decide who shall carry out the repairs.
OFFENCE
20.
Except as otherwise provided by law, any person who contravenes any
provisions of this By-Law is guilty of an offence and upon conviction, is liable to a
fine as provided for in the Provincial Offences Act, R.S.O., 1990 as amended.
21 .
In addition to imposing a fine, a Court of competent jurisdiction may, upon
conviction of an offence under this by-law, issue an order prohibiting the
continuation or repetition of the violation by the person convicted.
REPEAL
22.
By-Laws Number 88-20, 94-03 and 97-15 are hereby repealed.
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EFFECTIVE DATE
23.
This By-Law shall come into effect on the passing thereof.
SHORT TITLE
24.
This By-law may be cited as the "Road Cut By-law".
ENACTED AND PASSED in open Council this 24th day of April 2013.
z
s
ene P. Berthiaume, Warden
Stephane P. Parisien, Clerk
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CORPORATION OF THE UNITED COUNTIES OF PRESCOTT & RUSSELL
BY-LAW NUMBER 2013-26
SCHEDULE "A"
Security Deposit Fees
TYPE OF WORK PERFORMED
ditch cut, including drilling under a
road from a ditch;
gravel shoulder cut 3m wide or less;
asphalt cut, of less than
50% of the travelled roadway
Width, by 3m wide or less; paved
shoulder or parking area is extra;
asphalt cut, over 50% of
the travelled roadway width by 3 m
wide or less; paved shoulder or parking
area is extra;
FEE
$ 25.00 per square meter
$ 500.00 minimum
$ 1,000.00 plus
$ 50.00 per square meter for additional
width
$ 3,000.00 plus
$ 200.00 per square meter for additional
width
$ 5,000.00 plus
$ 200.00 per square meter for additional
width
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CORPORATION OF THE UNITED COUNTIES OF PRESCOTT & RUSSELL
BY-LAW NUMBER 2013-26
SCHEDULE "B"
Minimum Insurance Requirements
The land owner, at the application process and prior to the commencement of work,
obtain and maintain until the termination of the contract or otherwise stated, provide the
United Counties of Prescott Russell with evidence of:
Commercial General Liability Insurance
Commercial General Liability Insurance issued on an occurrence basis for an amount of
not less than $2,000,000. per occurrence / $2,000,000. annual aggregate for any
negligent acts or omissions by the land owner relating to their obligations under this
Agreement. Such insurance shall include, but is not limited to bodily injury and property
damage including loss of use; personal injury; contractual liability; premises, property &
operations; non-owned automobile; broad form property damage; broad form completed
operations; owners & contractors protective; occurrence property damage; products;
employees as Additional Insured(s); contingent employers liability; tenants legal liability;
cross liability and severability of interest clause
This insurance shall be non-contributing with and apply as primary and not as excess of
any insurance available to the Counties. The land owner shall indemnify and hold
United Counties of Prescott Russell harmless from and against any liability, loss, claims,
demands, costs and expenses, including reasonable legal fees, occasioned wholly or in
part by any negligence or acts or omissions whether willful or otherwise by the land
owner, their employees or other persons for whom the land owner is legally responsible.
Automobile Liability Insurance
Automobile liability insurance with respect to owned or leased vehicles used directly or
indirectly in the performance of the services covering liability for bodily injury, death and
damage to property with a limit of not less than $1,000,000. inclusive for each and every
loss.
Environmental Impairment Liability (if applicable)
The Contractor shall effect and maintain Environmental Impairment Liability with a limit
of not less than $1,000,000. Per Incident /Annual Aggregate. Coverage shall include
Third Party Bodily Injury and Property Damage including on-site and off-site clean-up. If
such insurance is issued on a claims made basis, such insurance shall be maintained
for a period of two years subsequent to conclusion of services provided under this
Agreement.
This insurance shall be non-contributing with and apply as primary and not as excess of
any insurance available to the Counties.
The land owner shall indemnify and hold
United Counties of Prescott Russell harmless from and against any liability, loss, claims,
demands, costs and expenses, including reasonable legal fees, occasioned wholly or in
part by any negligence or acts or omissions whether willful or otherwise by the land
owner, their employees or other persons for whom the land owner is legally responsible.
Should the land owner hire a contractor to carry out the work on their behalf, the
contractor shall provide the United Counties of Prescott-Russell with evidence of
the following Insurance:
Commercial General Liability Insurance
Commercial General Liability Insurance issued on an occurrence basis for an amount of
not less than $5,000,000. per occurrence / $5,000,000. annual aggregate for any
negligent acts or omissions by the contractor while carrying out the work associated
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with the road permit. Such insurance shall include, but is not limited to bodily injury and
property damage including loss of use; personal injury; contractual liability; premises,
property & operations; non-owned automobile; broad form property damage; broad form
completed operations; owners & contractors protective; occurrence property damage;
products; employees as Additional Insured(s); contingent employers liability; tenants
legal liability; cross liability and severability of interest clause
Such insurance shall add the United Counties of Prescott Russell and the land owner as
Additional Insured with respect to the operations of the contractor. This insurance shall
be non-contributing with and apply as primary and not as excess of any insurance
available to the Counties and/or land owner. The contractor shall indemnify and hold
United Counties of Prescott Russell and the land owner harmless from and against any
liability, loss, claims, demands, costs and expenses, including reasonable legal fees,
occasioned wholly or in part by any negligence or acts or omissions whether willful or
otherwise by the contractor, their officers, employees or other persons for whom they
are legally responsible.
Automobile Liability Insurance
Automobile liability insurance with respect to owned or leased vehicles used directly or
indirectly in the performance of the services covering liability for bodily injury, death and
damage to property with a limit of not less than $5,000,000. inclusive for each and every
loss.
Environmental Impairment Liability (if applicable)
The Contractor shall effect and maintain Environmental Impairment Liability with a limit
of not less than $1,000,000. Per Incident /Annual Aggregate. Coverage shall include
Third Party Bodily Injury and Property Damage including on-site and off-site clean-up. If
such insurance is issued on a claims made basis, such insurance shall be maintained
for a period of two years subsequent to conclusion of services provided under this
Agreement.
Such insurance shall add the United Counties of Prescott Russell and the land owner as
Additional Insured with respect to the operations of the contractor. This insurance shall
be non-contributing with and apply as primary and not as excess of any insurance
available to the Counties and/or land owner. The contractor shall indemnify and hold
United Counties of Prescott Russell and the land owner harmless from and against any
liability, loss, claims, demands, costs and expenses, including reasonable legal fees,
occasioned wholly or in part by any negligence or acts or omissions whether willful or
otherwise by the contractor, their officers, employees or other persons for whom they
are legally responsible.
The above noted policies shall not be cancelled, altered or lapsed unless the Insurer
notifies the Counties in writing at least thirty (30) days prior to the effective date of the
change or cancellation.
Prior to commencement of work, the land owner and / or contractor shall furnish to the
Counties with a certificate of insurance or copies of the policies confirming the
aforementioned insurance. The insurance policy will be in a form and with a company
which are, in all respects, acceptable to the Counties.
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