Streets By-law 79 of 2021 (as amended by By-law 116 of 2024)
Sarnia, Ontario
· adopted 2021-07-12
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CONSOLIDATED COPY
As Amended by By-Law No. 116 of 2024
BY-LAW NUMBER 79
OF 2021
OF THE CITY OF SARNIA
"A By-Law Respecting Streets in the City of Sarnia"
(Re: Streets By-Law)
WHEREAS Section 27 of the Municipal Act, 2001, as amended
authorizes the Councils of local municipalities to pass by-laws in
respect of a highway over which it has jurisdiction;
AND WHEREAS the Official Plan for The Corporation of the City of
Sarnia includes provisions relating to streets;
THEREFORE the Council of The Corporation of the City of Sarnia
enacts as follows:
1. SHORT TITLE
The short title of this bylaw is the "Streets By-Law".
2. DEFINITIONS
2.1 In this By-law, unless the context otherwise requires, the
following definitions shall apply:
a. "Boulevard" shall mean all parts of the right-of-way
between the curb or edge of the street and the property
line including driveway;
b. "City" shall mean the City of Sarnia;
c. "General Manager of Engineering and Operations"
shall mean the person appointed by Council to the position
of General Manager of Engineering and Operations and
any employee of the City of Sarnia who acts at the
direction of the General Manager of Engineering and
Operations;
d. "City Treasurer" shall mean the person appointed by
Council to the position of City Treasurer and any employee
of the City of Sarnia who acts at the direction of the City
Treasurer;
e. "Council" means the Municipal Council of the City of
Sarnia;
f. "Encroachment" means anything that is placed,
installed, constructed or planted within the highway that
was not placed, installed, constructed or planted by the
municipality, and the definition of "encroachment" shall
include the area adjacent to a sidewalk beginning at the
outer edge of a sidewalk, extending to the lesser of the
limit of the highway, the back edge of a curb if there is a
curb and a maximum of 45cm
g. "General Manager of Community Services" shall
mean the person appointed by Council to the position of
General Manager of Community Services and any
employee of the City of Sarnia who acts at the direction of
the General Manager of Community Services;
h. "Maintain" shall be interpreted broadly and shall be read
to include similar the meaning of construct, install,
replace, preserve;
i. "Nuisance" shall mean any act that disrupts, interferes,
or endangers the life, health, property, morals or comfort
of the public or obstructs the public in the exercise or
enjoyment of rights common to all;
j. "Owner" shall mean an owner, lessee, and occupant of
the land;
k. "Person" shall mean any unauthorized individual or
corporation;
I. "Right-of-way" shall mean the land dedicated,
registered or otherwise recognized for vehicle and
pedestrian traffic and the installation of public utilities and
consists of the street and the boulevard;
m. "Refuse" shall mean any article, thing, matter, substance
or effluent that: has been cast aside, discharged or
abandoned or; is discarded from its usual and intended
use; or is used up, in whole or in part, or expended or
worn out in whole or in part;
n. "Sidewalk" shall mean any municipal walkway or road
works for the accommodation of pedestrians on that
portion of a street between the curb line and the street
line which is located outside a roadway;
o. "Site plan agreement" shall mean an agreement
entered into with respect to a by-law passed pursuant to
Section 41 of the Planning Act, R.5.0. 1990 Chapter P.13,
as amended;
p. "Street" shall mean a highway, road allowance, street,
lane, alley, bridge, square, place, thoroughfare or way
that is for public use and that is not defined as
"boulevard" and includes the granular shoulder of rural
roads;
q. "Property line" shall mean any rear, or side property
line parallel to a street;
r. "Utility" means any water, sewer, gas, electrical, cable or
fibre optics or other communication lines;
s. "Written permission" shall include one or more of the
following: Municipal Consent, Work Permit, Hoarding
Permit, or Encroachment Agreement;
3. PROVISIONS WITHIN THE PUBLIC RIGHT-OF-WAY
3.1. Street {obstructing/encumbering/injuring/fouling}
No person shall, without lawful authority, obstruct, encumber,
injure, or foul or cause or permit the obstruction,
encumbering, injuring or fouling of any street.
3.2.
Excavation {within Right-of-way /prohibited}
No person shall, without lawful authority, excavate within the
Right-of-way.
3.3. Structure {on/over/under}
No person shall, without lawful authority, place, construct,
alter, or maintain any object or structure upon, under or over
a street.
3.4. Debris {snow/hazardous material/refuse/grass
clippings/ concrete/sand/clay}
No person shall, without lawful authority, throw, place or
deposit any dirt, snow, hazardous material, refuse, grass
clippings, leaves, concrete, sand, clay or any debris
determined to be a hazard or nuisance, at the discretion of the
General Manager of Engineering and Operations, upon a street
except in accordance with the Waste Collection By-law.
3.5.
Removals {earth/material/plant/tree/curb/sidewalk/
culvert}
No person shall, without lawful authority, remove or alter any
earth, material, plant, tree or concrete curb or sidewalk from a
boulevard.
3.6.
Boulevards {grass height/fence/shrub/wall/irrigation}
No person shall, without lawful authority, cause grass or
weeds to exceed a height of 15cm, place vegetable or grains,
and/or "herbaceous plant materials" which exceed a height of
90cm, install a fence, shrub, tree, landscape material,
boulders, post, wall, marker, warning stakes, culvert,
basketball net, sprinkler system or underground lawn irrigation
upon a street or boulevard.
3.7.
Public nuisance
No person shall, without lawful authority, cause Nuisance in or
upon a street, by fire, water, vapour, dust, noise or any means
whatsoever.
3.8. Gate {door/opening/over}
No person shall, without lawful authority, construct or
maintain a gate or door which opens or swings over a Right
of-way.
3.9. Public Travel {use/interference/sidewalks/snow
removal}
No person shall, without lawful authority, conduct any activity
which interferes with public travel or use of, sidewalks or
traffic control devices, snow removal operations or access to
fire hydrants.
3.10. Obstruction {sightlines/sidewalks/snow
removal/prohibited}
No person shall, without lawful authority, conduct any activity
which restricts sightlines of pedestrians, cyclists or drivers to
intersections, driveways, sidewalks, or traffic control devices,
snow removal operations or access to fire hydrants,
3.11. Deface or Damage Street
No person shall damage the street by any means, including
but not limited to operate any vehicle that defaces, weakens
or causes damage to the street or boulevard.
3.12. Discharge {stormwater/sewage/drain
across/ catchbasin/ culvert/ conduit)
(a)
No person shall, without lawful authority, discharge
stormwater, sewage, poolwater or spa water, or other
liquid across to or in any catchbasin, culvert or drain
within a street.
(b)
No person shall obstruct the free passage of water to
any catchbasin, culvert or drain within a street
(c)
Notwithstanding the above, the General Manager of
Engineering and Operations, through a Lot Grading
Certificate may approve grassed area and driveways
from private property adjacent to a street to slope
towards the road allowance and drain over the sidewalk
and boulevard.
3.13. Driveway Entrances {location)
No person shall, without the approval by the General Manager
of Engineering and Operations for location and design,
construct or maintain a driveway at a street having curbs
(except at a point where a depressed access is provided)
which must be located upon a portion of the street. The width
of the driveway to permit the passage of vehicles shall be
measured parallel to the street to a maximum of SO percent of
the lot frontage and the entrance must be perpendicular to the
street unless otherwise authorized by the Zoning By-law.
3.14. Culverts
No person shall, without lawful authority, install, repair or
extend a culvert upon a street without written permission by
the General Manager of Engineering and Operations.
4. PERMITTED ACTIVITIES
4.1. Boulevards {permitted cover grass area/herbaceous
plants/ landscaping material)
It shall be lawful for an owner or occupant to plant and
maintain the grassed area, herbaceous plants, or other
landscaping material such as woodchips, mulch or interlocking
stone upon the boulevard which abuts the premises that is not
occupied by a driveway, excluding the area adjacent to a
sidewalk beginning at the outer edge of a sidewalk, extending
to the lesser of the limit of the highway, the back edge of a
curb if there is a curb and a maximum of 45cm
4.2.
Driveway Entrances {material)
It shall be lawful for an owner or occupant to construct and
maintain the driveway entrance at his own risk and expense
with a hard surface of which consists of concrete, asphalt,
interlocking stone or other similar materials. The City of Sarnia
is not responsible for replacement or restoration of any
driveway entrance or associated cost borne as a result of any
required works within the right-of-way. Replacement of any
materials removed shall be limited to asphalt or concrete only,
and shall not extend beyond the limit of the required repairs.
Notwithstanding the above, rural areas with gravel shoulders
are permitted to construct a gravel surface. Any hard surfaces
within a rural area shall only be asphalt and shall extend from
the road edge to the property line.
4.3.
Culverts
BLW #116 OF 2024
The construction and maintenance of an approved culvert
becomes the responsibility of the property owner. No owner or
occupant shall construct or maintain access to a culvert,
unless all work is completed at the full cost of the owner and
meets the minimum standards and specifications of the City
of Sarnia and in accordance with approved plans, to the
satisfaction of the General Manager of Engineering and
Operations, where applicable.
BLW #116 OF 2024
4.3.1 Penalty
Any entrance established contrary to any provision of this By-
Law may be removed by the City, with notice, and all costs of
such removal shall be paid by the owner before permission is
granted.
5. NAME SIGNS ON STREETS
The General Manager of Engineering and Operations is
authorized to cause the name of every street within the City to
be affixed at the corners thereof and no person shall affix any
name.
6. TEMPORARY CLOSING
6.1. Engineer (authority/alternative route/provided)
The General Manager of Engineering and Operations may
temporarily close any street to public travel for the purpose of
repairing or improving the street or any infrastructure
contained therein, or for the purpose of installing road works,
or to be closed at the discretion of the General Manager of
Engineering and Operations, if a reasonable temporary
alternative route for traffic and local access is provided, or for
works pursuant to a permit under Schedule 'B'.
6.2.
The General Manager of Engineering and Operations may
temporarily close to vehicular traffic any street or portion of a
street for a period of not more than seven consecutive days
for any purpose deemed necessary
6.3.
Where a street or portion of a street has been temporarily
closed under section 6.1 or 6.2, the common law right of
passage by the public over the street and the common law
right of access to the street by an owner of land abutting the
street are restricted, as determined by the General Manager of
Engineering and Operations.
6.4. Engineer {authority /signs/barricades/requirements)
The General Manager of Engineering and Operations may close
any street to public travel for the purpose of repairing or
improving it, or for the purpose of installing road works, at
each end of the portion of the street which is closed, only if
there is erected and maintained all traffic control in
compliance with Ontario Traffic Manual Book 7.
6.5.
Use {closed street/at own risk)
Any person who uses a street or portion of a street that is
closed to traffic does so at his own risk.
6.6.
Use {closed street/deemed offence)
Any person who without lawful authority uses a street, or
portion of a street which has been closed to traffic in the
manner provided above, or who removes or defaces any
barricade, device, detour sign or notice, is guilty of an offence
and is also liable for any damage or injury occasioned by such
wrongful use, removal or defacement.
7. SNOW AND ICE DEPOSIT AND REMOVAL
7.1.
Snow and ice deposit {road/sidewalk) - PROHIBITED
a)
No person shall move, deposit or cause to be moved or
deposited, snow or ice upon a sidewalk or right-of-way.
b)
Every owner or occupant shall ensure that any snow or ice
that is moved or deposited in contravention of section 7.1 (a)
upon a sidewalk or roadway, that is contiguous with their lot
lines, is removed forthwith. Any snow or ice found to be
deposited in contravention of section 7.1 (a) may be cleared,
treated or removed at the direction of the General Manager of
Engineering and Operations without notice to and at the
expense of the owner of the abutting land, and such costs may
be recovered by action or by adding the cost to the tax roll of
said the owner and collecting them in the same manner as
municipal taxes.
7.2. Snow and ice removal {City infrastructure/visual
sightline obstruction) - PROHIBITED
a)
No person shall move, or cause to be moved, snow or ice from
privately owned lands to restrict visual or physical access to
City infrastructure or obstruct the line of sight of a driver or
pedestrian on the sidewalk or street.
b)
Every owner or occupant shall ensure that any snow or ice
that is deposited in contravention of section 7.2 (a) is removed
forthwith. Any snow or ice found to be moved in contravention
of section 7.2 (a) may be cleared, treated or removed at the
direction of General Manager of Engineering and Operations
without notice to and at the expense of the owner of the
abutting land, and such costs may be recovered by action or
by adding the cost to the tax roll of the said owner and
collecting them in the same manner as municipal taxes.
7.3. Snow and ice removal (road/sidewalk) - Engineer's
Direction
Notwithstanding section 7.1 and 7.2 of this bylaw, a person
who is directed by the General Manager of Engineering and
Operations to clear snow or ice may deposit snow or ice upon
a sidewalk or a roadway in a manner directed by the General
Manager of Engineering and Operations.
7.4.
Snow and ice removal (Commercial Areas Schedule Al-
14)
a)
Every person owning land abutting a portion of the street
listed in Schedule Al-14 shall remove snow and ice from that
portion of the sidewalk that is contiguous with their lot lines
within the first four hours of daylight or within four hours after
the conclusion of the snowfall event.
b)
Every owner or occupant shall ensure that any snow or ice
that is moved in contravention of section 7.4 (a) is removed
forthwith. Any snow or ice found to be moved in contravention
of section 7.4 (a) may be cleared, treated or removed at the
direction of the General Manager of Engineering and
Operations without notice to and at the expense of the owner
of the abutting land, and such costs may be recovered by
action or by adding the cost to the tax roll of the said owner
and collecting them in the same manner as municipal taxes.
Notwithstanding the above, every owner of land abutting a
portion of the street listed in Schedule Al-14 where land
within the right-of-way is not deemed as being used for the
purposes of a sidewalk or traveled portion of a street, such
snow and ice may remain upon that portion of sidewalk
provided a minimum of 1.5 metres of walkway is maintained.
8. ENCROACHMENTS
8.1. Right-of-Way {structure/obstructing travel,
view /removal)
a)
Any fence, barricade or other object which obstructs a street
or interferes with public travel shall be removed by the person
by whom the same has been built, maintained, placed or
deposited, at the said person's own expense.
b)
Every owner or occupant shall ensure that any encroachment
that has been built, maintained, placed or deposited is in
contravention of section 8.1 (a) is removed forthwith. Any
encroachment in contravention of section 8.1 (a) may be
cleared, or removed at the direction of the General Manager of
Engineering and Operations without notice to and at the
expense of the owner of the land, and such costs may be
recovered by action or by adding the cost to the tax roll of the
said owner of the land and collecting them in the same
manner as municipal taxes.
8.2.
Removal of Obstructions {Projections over
street/unlawful/ removal by owner)
a)
Any structure or object which projects into or over a street
without lawful authority shall be removed by the owner of the
land in connection with which it exists.
b)
Any encroachment in contravention of section 8.2 (a) may be
cleared, or removed at the direction of the General Manager bf
Engineering and Operations without notice to and at the
expense of the owner of the land, and such costs may be
recovered by action or by adding the cost to the tax roll and
collecting them in the same manner as municipal taxes.
8.3.
Application of Encroachment
Notwithstanding items 8.1 and 8.2, upon application, an
agreement may be issued by the General Manager of
Engineering and Operations for an encroachment to be carrie.d
and projecting into or over a street, subject to conditions to be
obtained, as set out in sections 8.3 to 8.7 inclusive and such
other conditions as the General Manager of Engineering and
Operations may impose.
8.4. Encroachment (clearance from grade/maximum
projection)
Every person shall comply with the following conditions:
a)
No encroachment shall encroach, carry, project into or over a
street in such a manner that the encroachment clearance from
grade level is less than 2.4 meters.
b)
No encroachment shall encroach or project into or over a
street in such a manner that the encroachment projects over a
distance greater than 2.0 meters.
S.S.
Fees (Encroachment)
The applicant shall pay such fees for an Encroachment
Agreement as imposed within the City of Sarnia Fees for
Services and an annual fee will be added to the tax roll of the
applicant of commercial properties and collected in the same
manner as municipal taxes.
8.6. Insurance and Indemnity Requirements
The applicant shall provide proof of insurance in the minimum
amount of $5 million or such other higher amount and naming
The Corporation of the City of Sarnia as an additional insured.
The applicant agrees to indemnify and hold harmless The
Corporation of the City of Sarnia from and against all liability
under such statutes, laws and regulations and in respect to all
claims that may arise or be made against the City resulting
from its use or maintenance of the encroachment.
8.7.
Conditions of Encroachment
In addition to any other conditions of a permit under the by
law, an agreement shall be also subject to the following
conditions to obtain and keep a permit and every person shall
comply with these conditions:
a)
All work shall meet the minimum standard and specification of
the City of Sarnia and as per approved plans where applicable.
b)
The applicant shall provide a detail of the work and shall be
fully described in writing, complete with drawings detailing
building location, property lines and location and extent of
proposed encroachment where required by the General
Manager of Engineering and Operations.
c)
The applicant shall complete all maintenance work deemed
necessary.
9. HOARDING
Where an applicant anticipates occupying a street or sidewalk
or portion of a street or sidewalk, the applicant shall enter into
a Hoarding Permit with the City of Sarnia.
9.1.
Fees (Hoarding Permit)
The applicant shall pay such fees for a Hoarding Permit as are
imposed by the General Manager of Engineering and
Operations in accordance with the fees and charges set out in
the City of Sarnia Fees for Services.
9.2. Insurance and Indemnity Requirements
The applicant shall provide proof of insurance in the minimum
amount of $5 million or such other higher amount and naming
The Corporation of the City of Sarnia as an additional insured.
The applicant agrees to indemnify and hold harmless The
Corporation of the City of Sarnia from and against all liability
under such statutes, laws and regulations and in respect to all
claims that may arise or be made against the City resulting
from its use or hoarding of a street.
9.3. Effective Dates and Times for Permit
If a permit is expired, no applicant shall continue the activities
under said permit. The permit shall be valid only during the
dates and times indicated on the permit, which shall be
determined by the General Manager of Engineering and
Operations and upon payment of the fees set out in the City of
Sarnia Fees for Services.
9.4.
Work (describe/drawings)
The hoarding shall be fully described in writing, complete with
drawings, where required by the General Manager of
Engineering and Operations.
9.5. Other conditions (compliance /may be required)
The General Manager of Engineering and Operations may
require, as a condition to a permit, compliance with any other
condition as in his opinion is reasonably necessary for the
protection of the public safety and right to travel along the
street.
9.6. Permit (invalidated/work/methods/unapproved)
No applicant shall conduct work in a manner other than as
approved by the General Manager of Engineering and Operations
as included in the permit. If the applicant conducts work in a
manner other than as approved by the General Manager of
Engineering and Operations, then the permit issued in
accordance with these conditions is invalidated.
9.7. Permit (invalidated/work/time/unauthorized)
A permit issued in accordance with these conditions is
invalidated if the work is conducted at a date or time other
than authorized.
9.8. Permit (invalidated/conditions/not observed)
A permit issued in accordance with these conditions is
invalidated if a condition stated herein, or such other condition
as may be imposed by the General Manager of Engineering
and Operations, is not observed to his satisfaction.
9.9. Permit (invalidated/work deemed dangerous)
A permit issued with these conditions is invalidated if the work
for whatever reason constitutes a danger in the opinion of the
General Manager of Engineering and Operations.
10. EXEMPTIONS
10.1
Art deliveries to the Gallery Lambton, at 147 Lochiel
Street,
are exempt from this by-law provided the following
conditions are met:
a. That the General Manager of Engineering and
Operations is notified of the art delivery 48 hours in
advance to the delivery;
b. That adequate signage and delineation is provided by
the Gallery of Lambton to safely direct all pedestrians to
the satisfaction of the General Manager of Engineering
and Operations
c. That the blocking of the sidewalk be limited to one
hour;
d. That all other laws are complied with including, but not
limited to, the Highway Traffic Act and Accessibility Act;
10.2 Relief granted to allow a basketball net on the crescent of
Bernard Court subject to cautionary paint.
11. ADMINISTRATION AND ENFORCEMENT
11.1.
If a person is found to have contravened any of the
provisions of this by-law, the City may issue a notice or fine, to
the person to remedy the contravention setting out the
reasonable particulars of the contravention, the location of the
land on which the contravention occurred, and the date by which
there must be compliance with the notice.
11.2.
Every person to whom a notice is issued under this by-law
shall comply with the notice within the time set in the notice.
Failure to comply with notice may also result in a fine.
11.3.
Where any act or thing required to be done in
accordance with this by-law is not done, the City may cause
the matter or thing to be done and shall recover the costs of so
doing by adding the costs to the tax roll of the property and
collecting them in the same manner and with the same priority
as municipal taxes.
11.4.
If the General Manager of Engineering and Operations
deems a person to be in contravention of any of the provisions of
this by-law, that person shall be found to be in contravention of
said provisions of this by-law.
11.5.
If a person is found to have contravened any of the
provisions of this by-law, the City may issue a notice to the
person to remedy the contravention setting out the reasonable
particulars of the contravention, the location of the land on
which the contravention occurred, and the date by which there
must be compliance with the notice.
11.6.
Every person to whom a notice is issued under this by-law
shall comply with the notice within the time set in the notice.
11.7.
Where any act or thing required to be done in accordance
with this by-law is not done, the City may cause the matter or
thing to be done and shall recover the costs of so doing by
adding the costs to the tax·roll of the property of the person
named in the said notice and collecting such costs in the same
manner and with the same priority as municipal taxes.
a. Every person who contravenes any provision of this by
law is guilty of an offence as provided for in subsection
429(1) of the Municipal Act, 2001, and all such offences
are designated as continuing offences as provided for in
subsection 429(2)(a) of the Act.
b. A person who is convicted of an offence under this by
law is liable, for each day or part of a day that the
offence continues, to a minimum fine of $500.00 and a
maximum fine of $10,000.00 and the total of all daily
fines for the offence is not limited to $100,000.00 as
provided for in subsection 429(3)1. of the Act.
11.8. When a person has been convicted of an offence under this by
law, the Superior Court of Justice, or any court of competent
jurisdiction, thereafter may, in addition to any penalty imposed
on the person convicted, issue an order:
a) prohibiting the continuation or repetition of the offence by the
person convicted; and,
b) requiring the person convicted to correct the contravention in
the manner and within the period that the court considers
appropriate.
11.9. In the event that any provisions of this by-law contradict, are
inconsistent with, or are otherwise incapable of being construed
in conjunction with the provisions of the City's Zoning By-law No
85 of 2002, the provisions of this by-law shall take precedence
over those contained in the Zoning By-Law No 85 of 2002.
11.10.
Should any part of this By-Law be declared by a court to be
invalid, the remaining provisions shall remain in full force and
effect, and the By-Law shall be read as if the offending section
has been struck out.
11.11.
Every person who contravenes any provision of this bylaw
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.
12. BY-LAWS REPEALED
This by-law repeals by-law Numbers 6181, 7571, 40 of 1970, 145
of 1991, 215 of 1992, 55 of 1994, 146 of 1995, 14 of 2006, 137 of
2018, 144 of 2019, and 52 of 2021 of the City of Sarnia and all
amendments thereto and supersedes any by-laws of the City of
Sarnia which, through inadvertence, may not have been repealed.
13. CONTEXT
This by-law shall be read with all necessary changes to number and
gender required by the context.
14. SEVERABILITY
If any section of this by-law, or parts thereof, are found by a Court
to be non-enforceable, such section, or parts thereof, shall be
deemed to be severable and all other sections or parts of this by
law shall be deemed to be separate and independent there form
and continue in full force and effect.
By-law Read a First, Second and Third time this 12 day of July,
2021.
Mike Bradley
Mayor
:7
Amy Burkhart
Acting City Clerk
ROUTE 1
ROUTE 2
ROUTE 3
ROUTE 4
ROUTE 5
DASHED LINE INDICATES
SIDEWALK ON BOTH
SIDES OF ROAD
33.162km
LENGTH
26.490km
36.145km
33.321 km
39.059 km
168.177
THE CORPORATION OF THE CITY OF SARNIA
SIDEWALK PLOWING ROUTE MAP
PREPARED BY ENGINEERING DEPARTMENT - AUGUST 2019
REVISED APRIL 28 2021
SCHEDULE A-12
BY-LAW OF 2021
14
SCHEDULE 'B'
ROAD OCCUPANCY PERMIT {public street/work approval
permit)
Bl
Application {to Engineer/conditions)
Upon application, a permit may be issued by the General Manager of
Engineering and Operations for work to be carried out in, over or
under a City street, subject to the conditions to obtain, keep and
renew a permit set out in Sections B2 - B12 inclusive of this Schedule
and such other conditions as the General Manager of Engineering and
Operations may impose.
82
Fees {Road Occupancy Permit)
The applicant shall pay such fees for a Road Occupancy Permit as are
imposed by the General Manager of Engineering and Operations in
accordance with the fees and charges set out in the City of Sarnia Fees
for Services By-law.
83
Work {description/drawings)
The work shall be fully described in writing, complete with drawings,
where required by the General Manager of Engineering and
Operations.
84 Effective Dates and Times for Permit
The permit shall be valid only during the dates and times indicated on
the permit, which shall be determined by the General Manager of
Engineering and Operations and upon payment of the fees set out in
the City of Sarnia Fees for Services By-law.
BS Inspection
City controlled inspection shall occur at such phases of the work
project as determined by the General Manager of Engineering and
Operations. The applicant may be responsible for the cost of these
inspections.
B6 Completion by the City
The applicant shall be required to complete the work within the
described validity, or as determined by the General Manager of
Engineering and Operations. If it is deemed incomplete, or is caused
undue obstruction to pedestrians or vehicular traffic, the applicant
agrees the City may complete the work as directed by the General
Manager of Engineering and Operations.
B7 Insurance and Indemnity Requirements
The applicant shall provide proof of insurance in the minimum amount
of $5 million or such other higher amount and naming The Corporation
of the City of Sarnia as an additional insured. The applicant agrees to
indemnify and hold harmless The Corporation of the City of Sarnia
from and against all liability under such statutes, laws and regulations
and in respect to all claims that may arise or be made against the City
result in from its use or occupancy of a street.
B8 Deposit (required by the General Manager of Engineering
and Operations)
The applicant may be required to pay by security and/or deposits to
the City of Sarnia in an amount calculated by the General Manager of
Engineering and Operations based upon his estimate of the cost which
will be incurred to reinstate the street and for other services provided
by the City of Sarnia.
B9 Deposit (balance/refund)
Upon satisfactory completion of the work and following a warranty
period of one year or as deemed appropriate by the General Manager
of Engineering and Operations, the amount of security and/or deposit
which exceeds the cost incurred by the City will be returned to the
applicant, or in the case where the costs exceed the security, and/or
deposit, the applicant shall pay the amount invoiced with 30 days of
receipt of the invoice.
B10 Conditions of Permit
In addition to any other conditions of a permit under the by-law, a
permit shall also be subject to the following conditions to obtain, keep
and renew a permit
a) All work shall meet the minimum standard and specification of the
City of Sarnia and as per approved plans where applicable
b) The applicant shall contact all utility companies to determine the
location of their plant prior to the commencement of construction or
road works.
c) Should the applicant fail to complete works order by the General
Manager of Engineering and Operations, the City may retain any
securities deposited by the applicant and/or contractor to cover the
cost of the works done and deposits in excess of the actual cost of the
works shall be refunded by the City upon satisfactory completion.
B11 Other conditions (compliance/may be required)
The General Manager of Engineering and Operations may require, as a
condition to a permit, compliance with any other condition as in his
opinion is reasonably necessary for the protection of the public safety
and right to travel along the street.
B12 Permit (invalidated/work/methods/unapproved)
A permit issued in accordance with this schedule is invalidated if the
work authorized by the permit is conducted in a manner other than as
approved by the General Manager of Engineering and Operations.
B13 Permit (invalidated/work/time/unauthorized)
A permit issued in accordance with this Schedule is invalidated if the
work is conducted at a date or time other than authorized.
B14 Permit (invalidated/conditions/not observed)
A permit issued in accordance with this Schedule is invalidated if a
condition stated herein, or such other condition as may be imposed by
the General Manager of Engineering and Operations, is not observed to
his satisfaction.
815 Permit {invalidated/work deemed dangerous)
A permit issued with this Schedule is invalidated if the work for
whatever reason constitutes a danger in the opinion of the General
Manager of Engineering and Operations.