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THE CORPORATION OF THE
TOWNSHIP OF SOUTH GLENGARRY
BY-LAW NO 28-14
FOR THE YEAR 2014
BEING A BY-LAW FOR THE PURPOSE OF REGULATING THE OBSTRUCTING,
ENCUMBERING, INJURING OR FOULING OF HIGHWAYS AND BRIDGES
WHEREAS the Municipal Act, S.O. 2001 as amended, Section 2 provides that each
municipality is given powers and duties for the purpose on providing good government
with respect to matters within their jurisdiction; and
WHEREAS Section 5 (3) of the Municipal Act, S.O. 2001, as amended, provides that a
municipality's capacity, rights, powers and privileges must be exercised by By-Law; and
WHEREAS the Corporation of the Township of South Glengarry has deemed it
necessary to regulate the obstructing, encumbering, injuring or fouling of highways and
bridges;
WHEREAS the Municipal Act, S.O. 2001, Section 391 authorizes a municipality
to impose fees or charges on persons for services or activities provided or done
by or on behalf of it;
NOW THEREFORE the Council of the Corporation of the Township of South Glengarry
hereby enacts as follows:
1. Short Title
1.1 That this By-Law shall be known as the "Road Cut By-Law"
2. That the installation, alteration or repair of underground structures including
pipelines, utilities and other services to property on road allowances be subject to
the requirements outlined in the Standards, Specifications and Requirements
regulating the obstructing, encumbering, injuring or fouling of highways or bridges,
attached hereto as Schedule "A" and forming part of this By-Law
3. That fees for Road Cuts and Road Cut Deposits are prescribed and attached
hereto as Schedule "B" and forming part of this By-Law
4. That any person contravening the requirements of this by-law shall be guilty of an
offence and shall be liable to penalties as provided for in the Provincial Offences
Act, R.S.O., 1990.
5. That this by-law shall come into full force and effect upon the final passing
thereof.
READ and passed in Open Council, signed and sealed this 26th day of May, 2014
______________________________
MAYOR
______________________________
CLERK
SCHEDULE "A" TO BY-LAW 28-14
The granting of a permit under By-Law shall be subject to the
following Standards, Specifications and Requirements:
1. The applicant/owner must apply to the corporation of the Township of South
Glengarry for permission to undertake a road cut and agree to conform to the
Township's conditions, standards & specifications governing road cut reinstatement if a
permit is issued.
2. Approval for excavation and open cut crossings shall not be given unless it is
determined to the satisfaction of the Corporation that auguring, pushing, drilling or
boring is not deemed to be expedient or practical for the intended work.
3. The work cannot be performed until the prescribed fee of $150.00 has been paid and
a permit issued by the corporation has been received by the applicant/owner.
4. All costs associated with the construction and geotechnical inspections shall be borne
entirely by the applicant/owner.
5. Any person or contractor wanting approval to perform work for any of the
aforementioned purposes shall be required to deposit a minimum amount of $2,000.00,
by certified cheque, with the Corporation of the Township of South Glengarry as surety
for satisfactory performance of the work to be performed. The value of the surety can be
increased by the Township if the scope of the proposed work exposes the Township to
potential damages greater than the minimum deposit amount.
6. Full time geotechnical inspection/compaction tests are required by a recognized soils
testing company during re-instatement of the trench at the applicant's cost. If
geotechnical testing has not been undertaken, or test results indicate that minimum
compaction and/or geotechnical requirements are not met, the Township reserves the
right to withhold release of the surety for 1 year to confirm that trench settlement has not
occurred. If trench settlement has occurred, the repair will be undertaken at the
applicant's expense.
7. The $2,000 certified cheque shall be released when the following has been met:
(a) The work has been performed to the satisfaction of the Township;
(b) The re-instated grassed areas have established;
(c) All test results indicate compliance with geotechnical requirements; and
(d) As-built drawings showing the location and elevation of the new services crossing
the road have been provided to the Township.
8. Any deficiency or non-compliance that is not corrected to the satisfaction of the
Township within the period of two (2) months following the giving of written notice shall
be corrected by the Corporation at its sole discretion and the cost thereof, less the
surety amount, will be recovered from the owner of the property receiving the benefit of
the underground structure.
PROVIDE THE FOLLOWING INFORMATION TO YOUR CONTRACTOR PRIOR TO
OBTAINING A PRICE TO COMPLETE THE WORK
1. All work for which approval is given, except for emergency repairs shall be conducted
during normal working hours (7:00 to 17:00 hours, local time) and on regular working
days (Monday to Friday inclusive), except statutory holidays.
2. The following is the general prescribed method to restore road cuts on Township
roads. The Township's General Manager Infrastructure Services may modify these
requirements based on existing conditions or recommendations from a geotechnical
consultant.
Materials
All materials shall conform to the Ontario Provincial Standard Specifications.
General Method to Reinstate Road Cuts
Step 1: Excavation
Excavate to the required depth. Excavation shall comply with Occupational Health and
Safety Act (OHSA) requirements. Separate the native soil from any granulars.
Step 2: Trench Backfill
Following installation of the pipe(s), pipe bedding and surround, the trench shall be
backfilled with native soil placed in compacted layers at a maximum pre-compaction
thickness of 300 mm. In the event that the existing soil is not suitable for use as backfill,
appropriate backfill material as approved by a geotechnical engineer must be used.
Backfill shall be compacted to a minimum 95% Standard Proctor Density (SPD).
The trench backfill shall extend from the pipe cover to the bottom of the granular base
layer.
The top lift of backfill material shall be shaped to slope from the centreline down at 3%
towards the edge of shoulder.
Should the layer to be backfilled with native soil be less than 1200mm, the entire depth
of the cut shall be re-instated using a frost taper with a slope of 15:1 as per Ontario
Provincial Standards Drawing (OPSD) 803.030. The frost taper shall be backfilled with
Granular "B" in lifts not exceeding 200mm thick. Granular "B" in the frost taper shall be
compacted to 100% Standard Proctor Density (SPD).
Step 3: Granular Re-instatement
The existing granular base shall be cut back at a 1:1 slope from the top of the sub-grade
elevation. If re-instating with a frost taper the existing granular base shall be cut back at
a 15:1 slope. Re-instatement of granular material shall match existing. At minimum,
Granular "B" subbase material shall be 300mm thick and Granular "A" base material
shall be 200mm thick. The minimum accepted compaction for the granulars shall be
100% Standard Proctor Density in lifts not exceeding 200mm thick.
The top of the Granular "A" base material shall be shaped to slope from the centreline
down at 2% towards the edge of shoulder and level with the bottom of the existing
asphalt. The minimum asphalt thickness to be reinstated shall be 50mm thick if the
existing asphalt is less than 50mm thick.
Step 4: Asphalt Re-instatement
The existing asphalt shall be saw cut a minimum of 300 mm back from the top of the
edge of the new granular. For cuts which cross the road the asphalt shall be removed in
a dovetail with the apex at the road centreline.
Just prior to placing the asphalt the granular surface shall be re-graded and re-
compacted. HL-4 asphalt shall be installed in 50mm lifts (min.). The asphalt shall be
compacted in a direction parallel to the direction of traffic flow. Asphalt shall be
compacted to 100% Standard Proctor Density.
3. Roadside restoration shall be conducted as noted - the Township may modify these
requirements based on existing conditions:
Step 1: Excavation and Trench Reinstatement
Excavation and trench re-instatement shall be completed as noted in the "General
Method to Re-instate Road Cuts". The trench backfill shall extend to within 100mm of
the surface.
Step 2: Topsoil and Seeding/ Topsoil and Sod
A minimum of 100mm of topsoil shall be spread and compacted over the area to be re-
instated. In rural areas the area shall be re-instated with standard highway seed
mixture. In urban areas, the lawns and boulevards shall be repaired with sod.
SCHEDULE "B" TO BY-LAW 28-14
FEES
1. Application/Permit Fee
$150.00
2. Security Deposit
$2,000.00