HomeMy WebLinkAboutENG 16-18DICKERING
Report to
Executive Committee
Report Number: ENG 16-18
Date: June 18, 2018
From: Richard Holborn
Director, Engineering Services
Subject: Proposed Road Occupancy By-law
- File: A-1440
Recommendation:
1. That Report ENG 16-18 of the Director, Engineering Services regarding the proposed Road
Occupancy By-law be received for information;
2. That City Council authorize staff to consult with utility companies such as Bell, Rogers,
Enbridge and Veridian, and solicit their input and comments on the draft Road Occupancy
By-law, generally in the form attached to this report;
3. That following the receipt of comments, staff submit a draft by-law with final
recommendations for Council consideration at the September 11, 2018 Executive Committee
meeting; and
4. That the appropriate officials of the City of Pickering be authorized to take the necessary
actions as indicated in this report.
Executive Summary: The City of Pickering does not currently have a Road Occupancy By-
law. Any party requiring access to perform work within the City's rights -of -ways (road
allowances), including contractors working for the City, utility companies or contractors working on
their behalf, are required to apply for a Road Occupancy Permit which states all the standard
terms and conditions and the applicants responsibilities.
A Road Occupancy By-law will support the various permits issued for work within the City's rights -
of -ways, establish enforcement mechanisms, and establish mechanisms to recover costs to repair
damages or have restoration completed to the City's satisfaction.
Financial Implications: The recommendations within this report do not present any financial
implications.
ENG 16-18 June 18, 2018
Subject: Proposed Road Occupancy By-law Page 2
Discussion: In the absence of a road occupancy bylaw, the City of Pickering relies on
the standard terms, conditions and requirements that are included in the Road Occupancy Permit
in order to have work performed on City rights -of -ways (road allowances) in an acceptable
manner.
Currently, any party requiring access to Work within City rights -of -ways must apply for a Road
Occupancy Permit (see Attachment 1). The permit states the requirements of the applicant, terms
of the occupancy, responsibilities with respect to notifications, restoration, insurance and working
hours among other things. The permit process also allows staff to track who is in certain rights -of -
ways, the duration of their work, when restoration is scheduled to be complete, and who is
potentially responsible for uncompleted work or damage.
There are various sections within the Municipal Act, 2001 that give authority for municipalities to
pass by-laws with respect to highways under their jurisdiction including prohibiting activities such
as excavating and construction unless a permit is obtained from the municipality for those
activities.
Many municipalities have passed Road Occupancy By-laws to regulate and govern the activities
within highways under their jurisdiction including; The Town of Ajax, The Municipality of
Clarington, The Town of Whitby, The City of Oshawa and The City of Markham. The Regional
Municipality of Durham is proposing a Road Occupancy By-law to its Committee of the Whole and
Council in June, 2018.
City staff have reviewed these existing by-laws in preparation of the proposed by-law attached to
this report (Attachment 2). The proposed Road Occupancy By-law has received input and has
been reviewed by staff in the Engineering Services, Corporate Services and Community Services
departments. Staff is recommending that consultation with utility companies be conducted as a
next step they represent a large number of the Road Occupancy Permits that are issued. It is
anticipated that this consultation and review can be conducted over the next two months and that
a final draft by-law can be prepared for the September 11, 2018 Executive Committee meeting.
Proposed Road Occupancy By-law Highlights
The proposed City of Pickering Road Occupancy By-law contains general administrative
enforcement regulations, controls, safeguards and penalties in order to protect the general public
and the City's risk while ensuring that work carried out in our rights -of ways is carried out to City
standards.
Under the proposed by-law a Road Occupancy Permit is required:
• To construct within a right-of-way
• To move any oversize or overweight vehicle, object or load on any right-of-way
• To close a highway or portion of a highway
• To obstruct a highway or portion of a highway
ENG 16-18 June 18, 2018
Subject: Proposed Road Occupancy By-law Page 3
Application for a Road Occupancy Permit also requires the applicant to provide:
• An application fee
• A road cut degradation fee (if applicable)
• A traffic plan (if applicable)
• Securities for damage and restoration
• Insurance and indemnification
• Emergency contact details
The Road Occupancy By-law contains language regarding Road Occupancy Permit conditions,
construction conditions, temporary and permanent reinstatement, roadway obstructions,
enforcement, and penalties and offences.
Attachments:
1. Road Occupancy Permit
2. Draft Road Occupancy By-law
Prepared/Approved/Endorsed By:
Ricjiard HoEb•rri, P. Eng
Di.r'ector, Engineering Services
RH:mjh
Recommended for the consideration
of Pickering City Council
Tony Prevedel, P. Eng.
Chief Administrative Officer
cp,x,2_ 4, zole)
oad Occupancy Permit
ATTACI-IMENT# / TO ij E PART#. �' ��' r
PJCKERINGPermit #
Applicant Information
First Name
Company Name (if applicable)
Street Address
City
Telephone #
Email Address
Last Name
Province
Fax #
Work Location Information - One Application Per Street/Location
Street
Between
Postal Code
Mobile #
Building # (if applicable)
And
Work Description Information
Description
Utility Service Owner (if applicable)
Duration (check appropriate)
Work Type (check appropriate)
❑ Construction Contract #
❑ Municipal Consent #
❑ Short (1 day or less)
❑ Emergency Repair
❑ Utility Service Connection or Repair
❑ ObjeGtJWaste Bin Storage
❑ Oversize and/or Heavy Load
❑ Pool Install or Landscape Work
❑ Other (please specify)
Work Schedule
Start Date
Completion Date
Restoration Date
Notification
If the road is restricted to traffic in any way, the applicant is required to notify all agencies as identified in the Road Occupancy
Permit Terms & Conditions - Item #1.
Authorization
I/We agree to the terms and conditions as attached and set forth on this application and assume all costs incurred by the
Corporation of the City of Pickering, liability for all damages which may be inGurred and to indemnify and save harmless the City
from any actions, claims, suits or demands made against the City by any persons arising from the issuance of this permit and as
aresult of the road occupancy.
❑ Medium (2 to 7 days) ❑ Long (over 7 days)
Work Details (check appropriate)
Road Closure Required ❑ Yes ❑ No
Lane Closure Required ❑ Yes ❑ No
Road Cut
Sidewalk Removal
Traffic Control Plan ❑
1 110 S
ai0Tk
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o eorr
❑ Yes ❑ Na
❑ Yes ❑ No
Detour Plan ❑
J
Signature of Applicant
Date
Office Use
Approved By Date
ENG 1703-02/15 Revised 17/03/01
Date Application Received
Fee Required ❑ Yes ❑ No Fee Paid ❑ Yes ❑ No
c4oe
DICKERING
A i TACHMEN1 # ! to RhPOitI #F 1-°7 I6115'
Road Occupancy Permit
°f Terms & Conditions
If the road is restricted to traffic in any way, the applicant(s) is required to notify the following
agencies 48 hours in advance and inform them as to the date of commencement, scope of work and
completion of occupancy.
Fire Administration
Durham Regional Police
Durham Region Transit
(DRT Westney Division - Ajax/Pickering)
Durham Student Transportation Services (DSTS)
Ambulance Services CACC Oshawa
City of Pickering (24 hour line)
905.683.3050 (Option 4)
1.888.579.1520
1.866.247.0055
1.800.240.6943
905.430.5542
905.683.7575
2. When applicable, the applicant(s)shall notify all Utilities and obtain any necessary utility service
locates and/or approvals,
3. All work to be conducted in conformance to the conditions and requirements of the Ministry of
Transportation, Ontario Traffic Manual Book 7 - Temporary Conditions, Ministry of Labour, Ontario
Health and Safety Act and any other applicable legislative requirements.
4. All barricades, signs, signals and traffic control devices associated with the work shall be supplied,
erected, and maintained by and at the expense of the applicant. Signs and devices to be used in
conformity to the project traffic control plan and to the satisfaction of the City of Pickering.
5. Excavated material may not be piled in such a manner as to obstruct vehicular or pedestrian traffic.
Pedestrian access to all properties shall be maintained at all times. Excavations left open at the end
of the work day shall be suitably barricaded and marked to prevent an unsafe situation to adjacent
property owners and the general public.
6. Clay in fluid state, frozen material, organic material, silt or mud or any material considered "too wet"
to adequately compact shall be excluded from backfill. This may require that part or all of the
excavated material be replaced by granular, sand of crushed stone backfill. All material excavated to
a depth of 1.2 metres (4 feet) below the finished road surface shall be kept separate from any
material below this depth. These two layers of material must be replaced in the trench in the same
layers as they were found prior to excavation.
7. Backfill material shall be compacted in layers, the maximum thickness being 300mm (12 inches) for
general backfill and 150mm (6 inches) for granular base course material. If undue settlement occurs
within two years of placement, the applicant will be required, if so deemed and requested by the City,
to repair the settlement at the applicant's expense.
8. In the travelled portion of the road, if the native backfill material exhibits conditions as noted under
item 5 above and requires replacement, the trench walls must be excavated to a minimum of 2.1
(Horizontal:Vertical) slope to a maximum depth of 1.2 metres (4 feet) below the road surface.
Likewise, the depths of existing granular base course materials shall be replaced in kind.
ENG 1704-02/15 Page 2 of 3
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DICKERING
Tnrl MENT I_ / REPORT 416 413 Road Occupancy Permit
;3 Terms & Conditions
9. Under no condition shall any of the previously excavated material from the trenches be used as
Class "A" or "B" granular base course material.
10. All sodded areas, ditches, culverts and driveway entrances shall be repaired or replaced promptly.
All surplus material shall be removed, the area cleaned and returned to its original condition. A
temporary asphalt patch with a minimum thickness of 50mm (2 inches) shall be placed in all areas
where asphalt or surface treatment has been removed.
11. All underground utilities to be placed in conformity to municipal standards with specific regard for,
and compliance with the following minimum depth of cover requirements:
Gas - 0.9m (3 feet)
Telephone, Television, Internet & Communication - 0.6m (2 feet)
Hydro - 0.6m (2 feet)
Storm Sewer - 1.8m (6 feet)
Splice connection repairs are permitted at existing bury depths.
12. If the applicant should fail to meet the requirements and conditions of the Road Occupancy Permit,
the City may take actions as deemed necessary to ensure the works comply with them, as well as to
complete any outstanding required maintenance repairs and restoration works. All actions carried
out by the City of Pickering to take corrective action will be at the applicant's expense and may
include administrative fees associated with the work.
13, Where a time extension is required, the holder of this permit shall apply for such extension at least 24
hours in advance of the stated date of permit expiration. Time extensions must be authorized by the
City before taking effect. Failure to comply will render this period void.
14. All road closings must be conspicuously posted a minimum of two working days in advance of the
start of the closures, stating the date of closing, work scope, and duration.
15. if work site conditions interfere with normal sanitation collections, the applicant must notify the City
and make alternative arrangements for garbage service at the applicant's expense.
16. The City may impose additional site specific terms and conditions beyond those noted, as follows:
The fee for a Road Occupancy Permit is calculated in accordance with the City's Fee Schedule
By-law. We accept cash or cheque only. Please make cheques payable to the City of Pickering.
Personal information contained on this form is collected pursuant to the Municipal Freedom of Information
and Protection of Privacy Act. This information is collected to process your Application for a Road
Occupancy Permit. Any questions related to the collection of this information should be directed to the City
Clerk, One The Esplanade, Pickering, ON L1 V 6K7, 905.420.4611.
Alternate formats available upon request at 905.683.7575.
ENG 1704-02/15 Page 3 of 3
DRAFT
ATTACI-LMENT#. TOREPORT#_ FNK-4 I I e
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The Corporation of the City of Pickering
By-law No.
Being a By-law to regulate activity on municipal right-of-ways
and municipal property within the City of Pickering.
Whereas Section 118, of the Municipal Act, 2001, provides that a municipality may,
regulate the excavating, construction and use of trenches and may by by-law prohibit
same unless a permit is obtained from the municipality which may also impose conditions
with respect to the permit, including requiring the submission of plans;
Now Therefore the Council of the Corporation of the City of Pickering hereby enacts as
follows:
1. Definitions
(1) In this By-law:
(a) "activity" means the temporary occupancy of a right-of-way for any
purpose outside its normal intended use by the City, Utility Company, or
person(s);
(b) "Applicant" means any person who applies for a Road Occupancy Permit;
(c) "boulevard" means all parts of a right of way except any roadway, shoulder
or sidewalk;
(d) "City or City of Pickering" means The Corporation of the City of
Pickering or the geographic area of Pickering, as the context requires;
(e) "City of Pickering Standards" means The City of Pickering Standards, as
amended from time to time, and are intended as guidelines for land
development and City projects to aid in providing uniform designs
throughout the Municipality and are to be used in conjunction with Ontario
Provincial Standard Drawings (O.P.S.D.) and Ontario Provincial Standard
Specifications (O.P.S.S.);
(f) "construct and or construction" includes the erection, alteration, repair,
dismantling, demolition, structural maintenance, land clearing, earth
moving, grading, excavating, the laying of pipe and conduit whether above
or below ground level, street and highway building, application of
concrete, equipment installation and the alteration and the structural
installation of construction components and materials in any form or for
any purpose;
"construction equipment" means any equipment, tool or device
designed or capable of use in construction or material handling, including
but not limited to pile drivers, bulldozers, tractors, excavators, trenchers,
cranes, derricks, loaders, scrapers, pavers, generators, off highway
(g)
By-law No,
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haulers or trucks, ditchers, compactors and rollers, pumps, concrete
mixers and graders;
(h) "Contractor" means a person who does work;
(1) "Director" means the director of EngineeringServices or an authorized
representative;
(1} "Emergency Work" means work undertaken for the immediate health,
safety or welfare of the inhabitants of the City or for the preservation,
protection or restoration of property.
(k) "highway" has the same meaning as in subsection 1(1) of the Highway
Traffic Act and includes unopened and unassumed road allowances;
(1} "inspector" means a Municipal Law Enforcement Officer, Provincial
Offences Officer, Police Officer, Engineering Inspector or any other City
staff delegated to enforce the By-law;
(m) "Municipal Consent or Consent" means the written consent of the
Engineering Department, with or without conditions, for access to and
use of the Municipality's Rights -of -Way, subject to the obtaining of a
Road Occupancy Permit as applicable;
(n) "obstruction" includes, but is not limited to any item, materials,
equipment; construction vehicle, disposal or storage bin, etc. which has
been placed on a city right of way;
(o) "O.P.S.S." means Ontario Provincial Standard Specifications, as
amended;
(p) "owner" means any person, business, agency, corporation or organization
which conducts an activity which would require municipal awareness and
approval of the activity by the issuance of a permit;
(q) "Person" includes a corporation and the heirs, executors, administrators
or other legal representatives of a person to whom the context can apply
according to law;
(r) "right of way" means municipal property designated as Highways,
Roadways, Lanes, Pathways and Walkways and includes features therein
such as curbs, shoulders, boulevards, and drainage ditches;
(s) "roadway" means the part of a right of way that is improved, designed or
ordinarily used for vehicular traffic, but does not include the curb, shoulder
or boulevard;
(t) "road cut" means a surface or subsurface cut in any part of a right of way
made by any means, including but not limited to any excavation,
reconstruction, cutting, saw cutting, overlaying, crack sealing, breaking,
boring, directional drilling, jacking or tunneling operations;
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ATTACI*1[NT#. . TO REPORT#_�
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(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
(cc)
(dd)
(ee)
(ff)
(99)
"road occupancy" means activity conducted within a municipal right of
way;
"Road Occupancy Permit" means written authorization issued by the City
to occupy and/or perforin work on a right of way;
"settlement or settled" means any sinking of the surface of a road cut in
relation to the grade of the adjacent undisturbed right of way;
"shoulder" means that part of a right of way immediately adjacent to the
travelled portion of the roadway and having a surface that has been
improved with asphalt, concrete or gravel for the use of vehicles;
"sidewalk" means all parts of a right of way set aside for the use of
pedestrians;
"Temporary Service Drops" means any infrastructure established to
provide service to a customer until the permanent infrastructure is repaired
or replaced.
"Traffic Control Plan" refers to a document outlining the particulars of
vehicular and pedestrian traffic management required for any work
conducted in a right of way
"Utility or Utilities" means any structure(s) above or below ground which
exists on a right of way used for the supply of public and private services
includes, but not limited to electricity, natural gas, telephone, television
and internet communication as well as sanitary and storm sewer use;
"Utility Company" means any company with the authority to construct
within a Right of Way pursuant to provincial or federal legislation, By-law,
franchise agreements or municipal access agreement;
"vehicle" means a motor vehicle, as per subsection 1,1 of the Highway
Traffic Act
"Very Short Duration" shall have the same meaning as defined in the
Ontario Traffic Manual Temporary Conditions Book 7, as amended;
warranty" means a guarantee by the Applicant to correct any
deficiencies in relation to a Road Occupancy Permit for a period of 2 years
after completion of the work; and
"work of major nature or duration" means any work that requires a road
cut or that extends for a period of time greater than 12 hours.
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2. General Restrictions
(1) No person shall construct, cause or permit construction within a right of
way without a Road Occupancy Permit.
(2) No person shall move any oversize or overweight vehicle, object or load
as defined in the Highway Traffic Act; on any right of way without first obtaining a
Road Occupancy Permit.
(3) No person shall close or obstruct a highway or portion of a highway to
traffic unless authorized to do so by the City.
(4) No person shall fail to comply with any order issued pursuant to the
provisions of this By-law.
(5) No person shall conduct any activity on a right of way except in
compliance with all conditions imposed by the City upon issuance of a
Road Occupancy Permit.
(6) No person shall construct or conduct any activity on a right of way without
a Road Occupancy Permit on site and available for inspection.
3. Road Occupancy Permit Application
(1) An applicant for a Road Occupancy Permit shall:
(a) Complete the prescribed application form and fife it with the City not less
than fifteen (1 5) working days in advance of construction;
(b) Attach any documents required on the application form such as a Traffic
Control Plan;
(c) Pay application fee;
(d) Pay any securities required;
(e) Provide proof of insurance which includes coverage which identifies the
City as an additional insured and an endorsement to provide the City with
30 days notification of cancellation; and
Provide emergency contact details including a telephone number.
(f)
For applications requesting one or more road cuts, the Applicant shall pay the
corresponding Road Cut Degradation Fee in accordance with the current
Summary of Fees & Charges.
For applications requesting multiple road cuts, the City reserves the right to issue
a single Road Occupancy Permit or request multiple Road Occupancy Permits
for the works.
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(4) The Road Occupancy Permit shall become void if the work authorized by the
permit is not commenced within sixty (60) calendar days of the date of issue.
(5) Applications for Road Occupancy permits relating to obstructions of a right of
way are exempt from sections 3.1(e)
4. Work Exempt From A Road Occupancy Permit
(1) (a) Activities of the City, The Regional Municipality of Durham, a Conservation
Authority, or any other Federal, Provincial or Regional agency;
(b) Minor work of Very Short Duration which does not cause any disruption to
traffic flows, does not break ground and does not alter any existing utilities.
Work conducted as part of an approved subdivision, site plan, Land
Division, or Draft Plan Application prior to the subdivision being
assumed by the City.
(d) Work or activity conducted in consent with Sections 41, 51, or 53 of the
Planning Act and in accordance with the provision of such approval.
(e) Work or activity conducted in association with a Film Location Permit.
(c)
(2) Emergency Work
Emergency Work may be carried out prior to the application for a Road
Occupancy Permit, provided the application is made on the same day the work is
commenced, or the next business day.
Application for Extension of Existing Road Occupancy Permit
(a) An existing Road Occupancy Permit may be extended, subject to the
submission of a written request outlining any revised information and
payment of the applicable fee.
(b) The City, at its discretion, may refuse to extend, or place conditions on the
extension of a Road Occupancy Permit.
(3)
5. Road Occupancy Permit Application Refusal
(1)
The City may refuse to grant a Road Occupancy Permit to any Applicant for the
following:
(a) previous violations of conditions of a Road Occupancy Permit, or of any
provisions of this By-law;
(b) nonpayment of fees or security deposits;
(c) where roadway construction, reconstruction or resurfacing has occurred
within the previous three years of the proposed road cut;
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(d) a previously issued Road Occupancy Permit is active in the area proposed
by the applicant and the granting of a secondary Road Occupancy Permit
would create a construction conflict, or
(e) any other reason the City may determine appropriate.
(2) Where a Road Occupancy Permit has been refused, the City shall notify the
Applicant in writing of the reason for the refusal.
6, Road Occupancy Permit Conditions
Every person who conducts, causes or permits any construction activity and/or
temporary storage of materials on a right of way shall comply with the Road Occupancy
Permit Conditions below;
(1) Notice Requirements
(a) Notify, in writing, residents and businesses impacted by work of major
nature or duration as determined and directed to do so by the City, at least
ten (10) working days prior to commencing work, with the following
information:
(a.1) description and rationale for the work;
(a.2) the approximate start date;
(a.3) the duration of the work;
(a.4) access restrictions and service interruptions; and
(a.5) contact information of the Contractor.
(b) Notify an Inspector within 48 hours of starting work
(2) Locates
(3)
It shall be the sole responsibility of the Applicant to request and obtain
underground locates as necessary. Should the Applicant cause damage to any
utilities, the entire cost and responsibility of restoring such utilities shall be at the
sole expense of the Applicant.
Warning Devices, Barricades and Traffic Signs
(a) The Applicant shall supply, erect and maintain the required warning
devices, barricades, and information and traffic signs, in accordance with
the Occupational Health and Safety Act, R.S.O. 1990, chap. 0.1. as
amended, and any applicable provincial traffic regulations, including but
not limited to the Ministry of Transportation's Ontario Traffic Manual, Book
#7 (Temporary Conditions).
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(b) If the Applicant fails to comply with subsection 6.(3) (a), the City may
revoke the Road Occupancy Permit and issue a stop work order.
Work may only re -commence upon inspection and compliance with the
Traffic Control Plan.
(c)
(4) Closure to Traffic
(5)
No Applicant shall temporarily close a right of way to traffic, or one direction of
traffic, unless;
(a) a Road Occupancy Permit consents to the closure; and
(b) the Applicant has notified all agencies as identified on the Road
Occupancy Permit and/or any others which may be affected by
the closure.
Telephone
(a) The Applicant shall respond to telephone inquiries during the period
for which the Applicant is responsible for the activity, including the
warranty period.
(6) Indemnification
(7)
The Applicant shall indemnify the City 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 -taw whether with or without negligence on the
park of the Applicant or the officers, agents, servants orworkers of the Applicant.
Snow Removal and De -Icing
(a)
Where the Road Occupancy Permit activity impedes snow removal and
de-icing by the City, the Applicant shall be responsible for providing ice
and snow removal services within the limits of the work site. Such areas
shall be cleared of ice and snow to the satisfaction of the City.
(b) Should the Applicant fail to complete the required snow removal services
and de-icing within the set deadlines, the City, without any notice to the
Applicant, may arrange for the snow and ice to be removed by others. All
costs incurred by such removal shall be taken from securities.
(8) Equipment Requirements
(a) Equipment shall be maintained in a good working condition including, but
not limited to safety components, muffler systems, properly secured parts
and appropriately lubricated components, such that unnecessary danger,
noise, and fluid leaks are avoided.
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(b) Idling of service equipment shall be restricted to the minimum
necessary for the specified work.
(9) Location and Times of Construction
(a) Construction may only take place within the location limits and times
as specified on the Road Occupancy Permit or as otherwise specified by
the City. Additional restrictions may apply and work may be prohibited at
specific times and dates in order to coordinate with or avoid other work or
Special Events in the area.
(b) The Road Occupancy Permit site shall be adequately protected and
secured at all times.
(10) Site Conditions
(a) The Applicant is responsible for maintaining the work site and keeping the
surrounding area free of dust and mud. The Applicant shall clean the road
and sidewalks as required to the satisfaction of the City.
(b) Prior to the start of any construction activity, filter cloth shall be placed
between the frames and covers of all catch basins within the immediate
area to prevent the entry of construction dirt and debris.
(c) The Road Occupancy Permit site is to be kept in a tidy condition
satisfactory to the City. Upon completion of the work, the Applicant shall
remove all surplus materials as well as any rubbish accumulated, make
good any defects or damage and shall leave the site in a condition
satisfactory to the City.
(11) Watermains
(a) The Applicant shall not operate watermain valves, service water valves
and/or hydrants without the approval of the Regional Municipality of
Durham.
(b) No person shall operate valves, hydrants or interfere with a potable water
system in any manner that will cause the water to become non -potable.
(12) Road Occupancy Permit Transferability
A Road Occupancy Permit is not transferable.
(13) Public Transit Accommodations
(a) The Applicant shall coordinate with the City all staging with any transit
company, school or tour group known to the Applicant that may have a
bus stop or travel, within the work area. Special attention shall he given to
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loading and unloading areas for persons with disabilities and school
buses.
(b) The Applicant shall maintain access to all existing bus stops within the
work area. Where it is not practical to maintain access, the Applicant will
be responsible for relocation and reinstatement of the bus stops, under the
direction of the transit authority, unless other arrangements have been
made.
(c) When the proposed works involve the removal or the replacement of a
utility pole that is being used for City of Pickering signage including but not
limited to Bus Stop Signs, Parking Signs, and Public Information Signs,
the Applicant shall arrange for the removal and replacement of all
signage.
(14) Responsibility for Claims and Maintenance
The cost of all damage repairs pursuant to section 7.(3) shall be at the expense
of the Applicant and the costs incurred by the City shall be paid by the Applicant
forthwith on demand, falling which the costs shall be deducted from the security.
(15) Driveways
If any asphalt, concrete, interlocking, or other surfacing material from a driveway
located within the boulevard is removed or damaged in the course of work
undertaken with a Road Occupancy Permit, it shall be replaced as nearly to the
original condition as it was installed;
(16) Ground Cover Material and Vegetation
If any ground covering material and vegetation including sod and shrubbery
located within the boulevard is removed or damaged in the course of the work
undertaken with a Road Occupancy Permit, it shall be replaced as nearly to the
original condition as it was installed.
(17) Posting of Road Occupancy Permit
(a) No Person shall work on a right of way without a Road Occupancy
Permit on-site and available for inspection.
(b) If requested by the City, the applicant must erect a sign showing;
(b.1) name of the Applicant;
(b.2) the Person(s) or Contractor undertaking the work;
(b.3) name of the Utilities Company for which the work is being done;
(b.4) a general outline of the scope of the work; and
(b.5) an anticipated schedule of completion,
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7. Construction Conditions
(1)
General Road Occupancy Permit Requirements
(a) The Applicant shall open a road cut in such a manner as to do the least
possible damage to the right of way and to any utility or municipal service,
(b) The work shall proceed expeditiously and no Applicant shall allow a road
cut to remain open for more than twenty-four (24) hours unless the work is
actively in progress.
(c) The site shall be kept clean and safe, and sources of dust and mud
controlled at all times until the final reinstatement has been completed. All
dust and mud nuisance that is tracked from the site shall be promptly
cleaned.
(d) The Applicant and contractor shall comply with and be bound by the
provisions of the Ministry of Transportation's Ontario Traffic Manual, Book
7 (Temporary Conditions).
(2) Excavated Materials and Road Cut Methods
(a) No Applicant shall place, cause or permit the placement of material or
equipment in a location where, it will cause damage to the infrastructure it
is placed on and/or create a traffic or safety hazard.
(b) Except as permitted by the City, where multiple road cuts are required with
a separation distance of equal to or less than thirty (30) metres it shall be
required that the Applicant reinstate the road cuts and resurface the right
of way for the entire distance between the outer edges of each road cut,
(c) Where a road cut is made in any concrete surface, the Applicant shall
break out and remove all concrete to the nearest expansion or contraction
joint, using a concrete saw if necessary, to provide a clean vertical surface
on all sides of the road cut; or as specified by the City.
(d) Where a road cut is made in asphalt pavement, the asphalt shall be cut
with a mechanical cut device to produce a rectangular opening with edges
which are vertically straight which is large enough to accommodate the
proposed works without undermining the adjacent asphalt pavement.
(e) Where boring, directional drilling, jacking or tunneling is used for any
subsurface roast cut and if a cave-in, settlement or heaving results there
from, the surface in the affected area shall be removed and reinstated by
the Applicant in accordance with this By-law to the satisfaction of the City.
(f) Where applicable, all works shall be completed to City of Pickering
Standards and Ontario Provincial Standards, City of Pickering Standards
shall take precedence over Ontario Provincial Standards unless otherwise
directed by the City.
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Reinstatement and Backfill Requirements
(a) The Applicant shall be responsible for:
(a.1) the permanent restoration of a road cut subject to the provisions of this
By-law; and
(a.2) the temporary restoration of every road cut that is not in a condition to be
permanently restored by November 151h and is responsible for the
permanent restoration prior to May 15t of the following year,
(b) All reinstatements shall be done to current City of Pickering Standards and
O.P.S.S. standards. City of Pickering Standards shall take precedence
over Ontario Provincial Standards unless otherwise directed by the City.
(c) Temporary surfacing of a roadway with asphalt, concrete, or other surface
material, the treated surface shall meet the following requirements:
(c.1) the road cut shall be temporarily reinstated immediately after
backfilling is completed;
(c.2) the reinstatement shall be to the same level as the adjacent surface; and
(c.3) prior to the right of way being opened to traffic, the top seventy-five (75
mm) millimetres of the road cut shall be surfaced with hot mix asphalt,
concrete, or, if hot mix asphalt is unavailable, with emulsified cold mix
asphaltic material, all hand -tamped or rolled to a smooth, flat condition
using industry standard practices and standard tamping or rolling
equipment.
(4) Contaminated Materials
If contaminated material is found when excavating, the Applicant shall
immediately notify the City and the Ontario Ministry of the Environment and
comply with all applicable environmental, health and safety requirements.
Contaminated material must not be used as backfill and must be disposed of in
accordance with all legislative requirements.
(5) Testing
(a) The City may at any time require an Applicant to provide, at their expense,
such information, testing, and or certification as The City deems
necessary to satisfy itself that the work as authorized is in accordance with
this By-law.
(b) All testing required shall be completed in accordance with O.P.S.S.
As of May 31, 2018
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(a) Any impact on existing utilities including, but not limited to, the protective
coating, support, cathodic protection or the housing of the utilities, shall be
reported to the Engineering Department and applicable Utility Company
immediately.
(b) The utilities shall remain exposed, with the excavation properly supported,
until the utilities owner has assessed the damage and made a repair or
authorized the Applicant to proceed.
(7) Completion of Work
(a) Upon completion of the temporary surfacing or permanent reinstatement
of the road cut, all excess material shall be removed from the area of the
road cut and the area shall be left in a safe, neat and clean condition to
the satisfaction of the City.
(b) To close the Road Occupancy Permit the applicant must contact the City
for inspection.
(8) Trenchless Installations
(9)
(a) Where the work being undertaken uses trenchless installation methods,
preservation and protection of existing utilities shall be according to
O.P.S.S. 491.
(b) Minimum horizontal and vertical clearances to existing utilities as
specified in O.P.S.S. shall be maintained. Clearances shall be measured
from the nearest edge of the largest backreamer required to the nearest
edge of the utility being paralleled or crossed.
(c) Existing underground utilities shall be exposed to verify its horizontal and
vertical locations when the bore path comes within 1.0 metre horizontally
of the existing utility. Existing utilities shall be exposed by non-destructive
methods. The number of pilot holes required to monitor work progress and
the proposed location of such pilot holes must be clearly depicted on the
application drawing. All pilot holes and any other damage to the street
infrastructure shall be restored as per the requirements of this By-law.
Protection of Trees
All construction activity in the vicinity of trees shall ensure no damage to the
existing trees. All roots being removed are to be saw cut cleanly for the
protection of the tree.
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By-law Na
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(10) Utility Depth of Bury
All underground utilities to be placed in conformity to City of Pickering standards
with specific regard for and compliance with the following minimum depth of
cover requirements:
(a) Gas, 0.9m
(b) Telephone, television, internet and communication, 0,6m
(c) Hydro, 0.6m
(d) Storni sewer, 1.8m
(e) Sanitary Sewer, 2.5m
(f) Watermain, 1.8m
(11) Above Ground Aerial Wiring Height Requirements
(a) All above ground aerial wiring including, but not limited to Hydro lines,
telecommunication lines, and temporary service drops are to be placed in
conformity to City of Pickering Standards with specific regard for and
compliance with the following minimum height requirements:
(a.1) 5.5m above highways, streets, lanes and alleys
(a.2) 5m across driveways to commercial and industrial premises
(a.3) 4m across driveways to residential garages
(a.4) 3m across ground normally accessible to pedestrians only
(b) Additionally, all above ground aerial wiring must conform to any
applicable Ontario Electrical Safety Code (OESC) regulations.
(12) Temporary Service Drops
(a) Temporary Service Drops shall be permitted as an immediate short term
means to supply servicing to the service provider's customers with the
permanent service being installed at a future date. Installation of cables for
Temporary Service Drops:
(a.1) shall be performed in a manner that ensures the safety of residents,
pedestrians, and vehicles and placed with due regard for aesthetics and
the impact to adjacent property owners.
(a.2) shall be buried such that it does not constitute a tripping hazard or cause
damage to property.
(a.3) shall not cross sidewalks, driveways or walking paths along the surface.
(a.4) may utilize aerial crossings in conformance with section 7(11).
(a.5) shall not lie unprotected on the ground at any location.
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(a.E) may be strung using existing municipal street lights and or municipal street
trees. However, the contractor / installer may be directed to use alternate
methods where it is deemed by the City to be harmful to the tree o
other City operations.
(a.7) shall enter and leave a utility pedestal at a 90 degree angle.
(a.8) shall not cross over a property not being serviced by this cable without the
prior written consent of the affected property owner.
(b) Notification must be given to residents of all properties affected by the
temporary service connection including an estimated date of permanent
service installation and removal of the temporary cable.
(c) All infrastructure including, but not limited to, utility pedestals, cables,
supports and access points shall remain in a closed and safe condition at
all times.
(d) The Applicant shall remove the Temporary Service Drop and install the
permanent service as soon as possible but not more than 90 days from
installation of the Temporary Service Drop, weather permitting. All
Temporary Service Drops installed between November and March are to
be removed by the following June 1st.
(e) Immediately upon installation of the permanent service, regardless of
whether or not restoration has been completed, all materials and
equipment associated with the temporary service drop shall be removed
from the site.
(f) Weather permitting, the permit work site is to be fully restored within 30
days of the permanent service work installation. The restoration shall be
as nearly to the original condition as it was installed prior to the start of the
permitted work and shall include driveway, boulevard ground cover and all
existing features such as, but not limited to, fencing.
(13) Infrastructure Identification
(a) For maintenance and right of way infrastructure managment purposes, all
utility aboveground service infrastructure shall bear markings or a
permanent label in a visible location which identifies the company
ownership of the asset.
(b) The City shall determine and establish exemptions to section 12(a) on a
where non -practical and non -feasible basis.
8. Cut Failure and Warranties
(1) Completion of Work
(a) For temporary reinstatement of the right of way, the Applicant is
responsible for the repairs necessary to correct any road cut under the
As of May 31, 2018
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Ontario Minimum Maintenance Standards for Municipal Right of way,
O.P.S.S. and City of Pickering Standards as applicable.
(b) Following the permanent reinstatement of the right of way, the Applicant is
responsible for:
(b.1) the repairs necessary to correct any settlement or surface deterioration for
a warranty period of two years following the date of acceptance by the City
of final reinstatement of the right of way, or being the last time the
applicant repaired the road cut; and
(b.2) any costs incurred by the City for any temporary and permanent surface
repairs resulting from improper backfilling or compaction of the right of
way or deficient materials.
If the Applicant has not done the work referred to in section 8. (1) (b)
hereof within twenty four (24) hours notification, the City may order the
work to be done at the Applicant's expense. All costs incurred by the City
shall be taken from securities.
(c)
(2) Emergency Repairs
(a) If the City is of the opinion that a road cut reinstatement or lack of
reinstatement, has created an emergency situation which can cause
damage to vehicles or endanger the public, the City may protect the area
and make immediate repairs;
(b) All work done by the City pursuant to subsection 8. (2) (a) shall be at the
expense of the Applicant and the costs of the City hall be paid by the
Applicant failing which the costs shall be deducted from the securities.
(c)
Where emergency repairs must be completed in relation to activities
completed without a permit, the contractor and/or person who caused the
road cut or damage shall be responsible for the costs incurred by the City
as referred to in section 2(a).
9. Roadway Obstructions
(1)
No person shall place or cause to be placed any obstructions including, but not
limited to, construction material, landscaping material, disposal or storage bins,
construction vehicles or equipment on a right of way without obtaining a Road
Occupancy Permit.
(2) Where a roadway obstruction has been authorized by the City, the Applicant
shall place traffic cones in accordance with Ontario Traffic Manual Book 7 at
each of the two roadside corners of the obstruction to delineate a potential traffic
hazard.
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(3) No property owners shall obstruct, cause or permit the obstruction of any right of
way in relation to work being done on their property without obtaining a Road
Occupancy Permit.
(4) Permits issued in relation to obstructions on a right of way are exempt from
section 6(1), 6(2) and 6(17).
10. Sump Pump And Private Drains
(1) No person shall install a sump pump or private drain outlet on City property
without direct written consent by the City or unless it has previously been
approved by the City.
11. Enforcement
(1) The administration and enforcement of this By-law shall be performed by the
Director or an Inspector.
(2) (a) No person shall hinder, or obstruct or attempt to hinder or obstruct, an
Inspector from conducting an inspection or a person performing
corrective work under this By-law.
(b) Where an Inspector has reasonable grounds to believe that an offence
has been committed the Inspector may request the name, address,
company conducting work, and proof of identity, from the person on site,
and the person shall supply the required information.
(3) (a) Any obstructions found on a roadway or right of way without a permit may
be removed.
(b) Where obstructions are removed which are deemed for disposal, the City
may dispose of it as deemed appropriate.
(c) Any person who has the authority to enforce this bylaw, upon discovery of
an obstruction on a roadway or a right of way in contravention to this
bylaw, may cause it to be removed and placed or stored in a suitable
place and all costs and charges for removing, care and storage will be at
the contractor or owners expense and must be paid by the contractor or
owner prior to the return of the obstruction,
(4) Inspection
(a) An Inspector may;
(a.1) require the production of documents or things relevant to the inspection;
(a.2) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(a.3) require information from any person concerning a matter related to the
inspection; and
As ofMay 31,2018
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(a.4) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purpose of the inspection.
(b) Where a sample is taken, the sample shall he divided into two parts, and
one part shall be delivered to the person from whom the sample is taken,
if the person so requests at the time the sample is taken and provides the
necessary facilities. if a sample has been taken and the sample has not
been divided into two parts, a copy of any report on the sample shall be
given to the person from whom the sample was taken.
(c) A receipt shall be provided for any document or thing removed and the
document or thing shall be returned,
Stop Work Order
(a)
The City may issue a stop work order for construction that is not in
accordance with the conditions of a Road Occupancy Permit, or where
construction is taking place without a required Road Occupancy Permit:
(b) a stop work order may require temporary restoration and removal of ail
equipment and materials off site until compliance with the bylaw is met.
(c) A stop work order shall be lifted once the City determines that all
contraventions of this By-law have been rectified,
(6) Permit Revocation
(a) The Director may revoke a permit for any of the following reasons:
(a.1) a violation of any condition of the Road Occupancy Permit or of any
provision of this By-law;
(a.2) a violation of any provision of any other law relating to the work;
(a.3) the existence of any condition or the doing of any act constituting or
creating a nuisance or endangering the lives or properties of others;
(a.4) where the Road Occupancy Permit has been issued on mistaken,
false or misleading information; or
(a.5) where the work is not carried out in a diligent and workmanlike manner,
(a.6) it was issued in error.
(b) Upon notice of Road Occupancy Permit revocation, the Applicant must
immediately cease all construction activities and immediately restore the
right of way. Such restoration shall be carried out at the Applicant's sole
expense, and if the Applicant should fail to carry out such restoration, the
right of way shall be restored by the City as necessary, and the entire cost
of so doing shall be taken from Securities held, or paid by the Applicant.
As of May 31, 2018
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(7)
When restoration is completed, the Applicant may reapply for a new Road
Occupancy Permit,
Non -Compliant Installations
(a) Where utilities are found to be constructed without a valid Road
Occupancy Permit and/or in a location other than that approved by the
City, the Utilities Company may be required to, at its own expense,
immediately remove the utilities and/or relocate work in compliance with
the approved design and restore the site to the satisfaction of the City.
(8) Service of Order or Notice
(1) The service of all Orders or Notices from the City may be:
(a) Served personally upon the contractor, or permit holder;
(b) Posted on site; or,
(c)
Mailed by registered mail to the last known address of the contractor,
or permit holder.
(2) If served by registered mail, an Order shall be deemed to have been served on
the fifth day after mailing
12. Fees and Securities
(1) The fees for the Road Occupancy Permit, and for any inspections and
examinations required under it, shall be such amount as determined in the City of
Pickering Fees By-law and shah be due and payable to the City of Pickering at
the time of application. No Road Occupancy Permit shall be issued, or
inspection carried out until such fees have been paid and there shall be no
refund of any fees for any cause.
(2) Applicant shall deposit with the City of Pickering, Security in a form acceptable to
the City of Pickering.
As ofMay 31,2018
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__ Page 19
J
13. Penalties and Offences
(1) Any person, other than a corporation, who contravenes the provisions of this By-
law, the conditions of a Permit, or an Order issued pursuant of this By-law, is
guilty of an offence, and upon conviction, is liable:
(a) on a first conviction, to a fine of not more than $25,000.00 and
(b) on any subsequent conviction, to a fine of not more than $50,000.00.
(2) A corporation that contravenes any prevision of this By-law, the conditions of a
Permit, or an Order issued pursuant of this By-law, is guilty of an offence, and
upon conviction, is liable:
(a) on a first conviction, to a fine of not more than $50,000.00 and
(b) on any subsequent conviction, to a fine of not more than $100,000.00.
(3) The amounts in Section 13,(1) and 13.(2) are exclusive of costs and are
recoverable under the Provincial Offences Act.
14. Severability
If any provisions of this By-law, or the application thereof to any person or
circumstance, is invalid, the invalidity shall not affect other provisions or
application of this By-law which can be given effect without the invalid provision
application, and to this end the provisions of this By-law are severable.
15. Transition
Every Road Occupancy Permit issued prior to the passage of this By-law shall be
deemed to be issued under this By-law for regulatory and enforcement purposes.
16. Short Title
This By-law may be cited as the "Road Occupancy By-law",
17. Word Usage
(1) This By-law shall be read with all changes in gender or number as the context
requires.
(2) A grammatical variation of a word or expression defined has corresponding
meaning.
18. Conflicts
If a provision of this By-law conflicts with any applicable Act, regulation or By-law,
the provision that establishes the higher or more restrictive standard to protect
the health, safety and welfare of the general public shall prevail.
As of May 31, 2018
By-law No.
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19. Force And Effect
This By-law shall come into force and have effect immediately upon the final
passing thereof.
• By-law passed this XX day of XXX, 2018.
David Ryan, Mayor
Debbie Shields, City Clerk
As of Mav 31, 2018