2010-44 Culvert/Entrance

THE CORPORATION OF THE TOWNSHIP OF NIPISSING
BY-LAW NUMBER 2010-44
Being a By-Law to regulate the installation of culverts placed on Municipal Road Allowances to provide access to private abutting lands.
WHEREAS Section 8 of the Municipal Act, 2001 states a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;
AND WHEREAS Section 9(3) of the Municipal Act, 2001 states without limiting the generality of subsection (1) and (2), a by-law under section 11 respecting a matter may regulate or prohibit respecting the matter and as part of the power to regulate or prohibit respecting the matter require persons to do things respecting the matter, provide for a system of licenses, permits, approvals, or registrations respecting the matter and impose conditions as a requirement of obtaining, continuing to hold or renewing a license, permit, approval or registration;
AND WHEREAS Section 11 of the Municipal Act, 2001 states a single-tier municipality may pass by-laws respecting matters within the following spheres of jurisdiction 1.) Highways, and 6.) Drainage and flood control;
AND WHEREAS it is deemed expedient for the purpose of uniform installation of all such culverts that certain regulations be established by the Municipality.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF NIPISSING ENACTS AS FOLLOWS:
1. That land owners requiring an entrance must have approval of the Township of Nipissing Operations Superintendent prior to installation. The entrance location must be approved by the Operations Superintendent.
2. The Operations Superintendent will determine the need for a culvert. Should a culvert be deemed necessary, it shall conform to a Municipal standard as follows:
a. The culvert must be new.
b. Culverts must have a minimum diameter of 400 mm unless otherwise agreed upon.
c. Culvert length must be a minimum of twenty seven (27) feet.
d. The Operations Superintendent may demand a larger and or longer culvert if he/she feels it is warranted.
e. The culvert must be new corrugated steel construction and conform to OPSS 1801 specifications.
f. The land owners purchase and install their own culvert under the supervision of the Operations Superintendent. Culverts shall be installed in accordance with the attached “Schedule A”. Please note that driveways should be sloped to edge of the roadway.
g. The Township of Nipissing will no longer restore driveways beyond a granular “A” surface with in the municipal right of way due to culvert replacement or maintenance of entrance. The Township reserves the right to change or alter any entrance at any time. Any finished work, i.e. interlocking brick, paving, clear stone will be the responsibility of the land owner effective January 1, 2010.
h. Should the Township request the culvert be replaced due to culvert movement, rusting out or blockage that affects drainage in the ditch line or to the road, the owner shall have a defined period of time to repair/replace.
i. The time period to replace the culvert shall be determined by the Operations Superintendent. The time shall depend on the severity of the problem (water flow and time of year with consideration of damage to road and property).
j. If the culvert is not changed within the time period specified by the Township the Township shall replace the culvert and all costs (including administration) shall be billed to the property belonging to the driveway. Any outstanding amounts shall be added to the tax account.
k. The required form for an Entrance Permit must be properly filled out. Attached as “Appendix X”.
l. There will be no entrance permit required or fee payable for an entrance onto a provincial highway. A copy of the Ministry of Transportation permit must be submitted to the Operations Superintendent.
m. One entrance per residential dwelling is allowed and is to be determined by the Operations Superintendent and marked on the entrance permit application.
n. No deterioration of any of the above standards shall occur without written permission of the Operations Superintendent.
3. It is the applicant’s responsibility to assure compliance with this policy. Failure to
comply within fifteen (15) days after written notification of the problem has been sent .
will result in the Township hiring a contractor to do the work at the expense of the
applicant.
4. No occupancy permit shall be issued by the Township for any building to be erected on private land, the access to which, in the opinion of the Operations Superintendent, requires the installation of a culvert until such culvert has been installed.
5. That the effective date of this By-law shall be January 1, 2010.
By-law XXXX is hereby repealed.
READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS 27TH DAY OF APRIL, 2010.
THE CORPORATION OF THE TOWNSHIP
OF NIPISSING
______________________________________
Mayor
______________________________________
CAO-Clerk-Deputy Treasurer