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HomeMy WebLinkAboutChapter 827 - Excavations Within HighwaysKITCHENER 827.1 FEBRUARY 2024 STREET Chapter 827 EXCAVATIONS WITHIN HIGHWAYS Article 1 INTERPRETATION 827.1.1 Highway - defined 827.1.2 Director - defined 827.1.3 Repealed: By-law 98-72, 15 June 1998 827.1.4 Administrative penalty by-law – defined 827.1.5 Designated provision – defined Article 2 APPLICATION 827.2.1 Public utility company - written agreement Article 3 PERMIT - ISSUE 827.3.1 Excavation - prohibited - without permit 827.3.2 Application - time for 827.3.3 Application - plan - location - work proposal 827.3.4 Information - contained in permit 827.3.5 Save harmless agreement - required 827.3.6 Transfer - prohibited 827.3.7 Security - satisfactory to City Solicitor Article 4 PERMIT - REFUSAL 827.4.1 Violations - new payment - other reason FEBRUARY 2024 827.2 KITCHENER EXCAVATIONS 827.4.2 Appeal - from refusal Article 5 PERMITTEE - RESPONSIBILITIES 827.5.1 Detours - barricades - notice - restoration 827.5.2 Failure - work done at permittee's expense Article 6 EMERGENCY WORK 827.6.1 Imminent danger - life - health - property 827.6.2 Without permit - application - as soon as possible 827.6.3 Restoration - where serious hazard 827.6.4 Public safety - convenience - City may act Article 7 PERMITTED WORK 827.7.1 Additional work - extension of permit 827.7.2 Work - commencement - extension 827.7.3 Highway - closing - written consent required 827.7.4 Restoration - road surface - standard 827.7.5 Inspection - charges - payable by permittee 827.7.6 Vehicle - pedestrian traffic - control - standards Article 8 INSURANCE REQUIREMENTS 827.8.1 Comprehensive policy - minimum coverage 827.8.2 Notification - emergency services 827.3 KITCHENER FEBRUARY 2024 827.1.1 EXCAVATIONS 827.3.1 Article 9 ENFORCEMENT 827.9.1 Violation - revocation of permit 827.9.2 Violation - correction - time for 827.9.3 Fine - for contravention 827.9.4 Administrative Penalty By-law- applications 827.9.5 Administrative Penalty By-law - contravention 827.9.6 Provincial Offences Act 827.9.7 Non-payment Article 1 INTERPRETATION 827.1.1 Highway - defined "highway" means a common and public highway or street as defined in the Highway Traffic Act. 827.1.2 Director - defined "Director" shall mean the Director, Transportation Planning of the City. 827.1.3 Repealed: By-law 98-72, 15 June, 1998 827.1.4 Administrative penalty by-law – defined “Administrative penalty by-law” means the Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof. 827.1.5 Designated provision – defined “designated provision” means any section of this Chapter designated in accordance with Article 9. Article 2 APPLICATION 827.2.1 Public utility company - written agreement This Chapter may not apply to any public utility company or commission with whom the City has entered into a written agreement concerning high- way excavations in respect of work coming within such agreement. Article 3 PERMIT - ISSUE 827.3.1 Excavation - prohibited - without permit No person shall make an excavation upon any highway unless such excava- 827.4 FEBRUARY 2024 KITCHENER 827.3.2 EXCAVATIONS 827.3.4 tion is necessary and is expressly authorized by a permit issued under this Chapter. 827.3.2 Application - time for Every person, firm or contractor, desiring to make an excavation on a public highway shall apply to the Director for a permit authorizing the proposed work at least twenty-four hours or forty-eight hours, as applicable, before commencing such work on any highway accepted and maintained by the City. 827.3.3 Application - plan - location - work proposal Each application for a permit shall be accompanied by a plan showing the lo- cation of the proposed work, a brief description of the type of work proposed and the estimated length. The location of the proposed work shall, wherever possible, be in accordance with the plans for standard layout or service loca- tions in highways as prepared by the Director. No deviation from the agreed location shall be made without the written permission of the Director. 827.3.4 Information - contained in permit Every permit shall: (a) be issued over the signature of the Director; (b) designate the location of and size of the excavation to be made; (c) specify where appropriate, the hours of the day and the days of the week when the work may be carried on; (d) contain such conditions as the Director finds to be necessary for; (i) detours (ii) traffic control personnel (iii) maintenance of traffic (iv) provision for rush hour traffic (v) such other protective features in addition to or in lieu of the other requirements of this Chapter as the circumstances may require; (e) contain such other conditions as the circumstances may require. 827.5 KITCHENER FEBRUARY 2024 827.3.5 EXCAVATIONS 827.4.2 827.3.5 Save harmless agreement - required Every applicant for such permit shall agree to save the City, its officers, em- ployees and agents, harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue on account of any work performed under the said permit. The acceptance of any permit under this Chapter shall constitute such an agreement by the applicant whether the same is expressed or not. 827.3.6 Transfer - prohibited No permit shall be transferable from one person to another. 827.3.7 Security - satisfactory to City Solicitor In addition to any other requirement of this Chapter, the Director may, prior to issuing a permit, require an applicant to provide security in a form satis- factory to the City Solicitor valued at I 00% of the cost of restoration of the highway to a condition satisfactory to the Director. Article 4 PERMIT - REFUSAL 827.4.1 Violations - new payment - other reason The Director may refuse to grant a permit to any applicant for the following reasons: (a) persistent and/or serious violations of any condition of a permit previously issued to the applicant, or of any provisions of this Chapter applicable to a permit previously issued hereunder; (b) non-payment or unduly delayed payment of monies due to the City under this Chapter; (c) such other reason as the Director may deem proper which rea- son shall be given in writing to the applicant if he/she so re- quests. 827.4.2 Appeal - from refusal Any applicant who has been refused a permit hereunder or who objects to any condition of a permit may appeal such refusal or such condition to Coun- cil and the decision of the Council shall be final. 827.6 FEBRUARY 2024 KITCHENER 827.5.1 EXCAVATIONS 827.6.3 Article 5 PERMITTEE - RESPONSIBILITIES 827.5.1 Detours - barricades - notice - restoration It shall be the responsibility of the permittee: (a) to provide such detours or alternate routes as may be required; (b) to provide barricades, flashers, warning and detour signs, traffic control personnel and other protective and safety devices as re- quired by this Chapter and the permit; (c) to provide notification to the Infrastructure Services Depart- ment for the final asphalt restoration of cuts in accordance with the City's Road Restoration Policy. 827.5.2 Failure - work done at permittee's expense Upon failure of any permittee to do or provide anything required by this Chapter or the permit, the Director may cause same to be done or provided at the permittee's expense. Article 6 EMERGENCY WORK 827.6.1 Imminent danger - life - health - property Work shall not be deemed to be emergency work unless it is necessary be- cause of imminent danger to life, health or property. 827.6.2 Without permit - application - as soon as possible Emergency work may be undertaken without a permit if it is not reasonably possible to procure a permit before undertaking it but a permit shall be ap- plied for as soon as possible. 827.6.3 Restoration - where serious hazard If the Director finds the restoration or protection of any excavation made by the permittee to be a matter of emergency, because same excavation consti- tutes a serious hazard to the public, the Director as the case may be, may cause such excavation to be refilled pursuant to the terms hereof: or pro- tected by barricades and/or flashers, and charge the cost of any such work undertaken by it to the permittee. 827.7 KITCHENER FEBRUARY 2024 827.6.4 EXCAVATIONS 827.7.5 827.6.4 Public safety - convenience - City may act When the public safety or convenience so requires, the Director may direct City staff to take over any excavation and take such steps as the circum- stances require at the expense of the permittee, but each excavation shall oth- erwise be the sole responsibility of the permittee. Article 7 PERMITTED WORK 827.7.1 Additional work - extension of permit The work covered by any one permit may be extended, with the approval of the Director, to cover additional work. 827.7.2 Work - commencement - extension The work for which a permit has been issued shall commence within the time set out in the permit, provided that where the permittee is unable to commence such work within the time so specified, the Director may grant such extension of time as may be reasonable in the circumstances. 827.7.3 Highway - closing - written consent required The permittee shall not close to the public any highway on which the permittee is working without first having obtained the written consent of the Director. . 827.7.4 Restoration - road surface - standard The permittee shall backfill or pay the cost of backfilling the excavation and pay the cost of restoring the road surface in accordance with the Road Resto- ration Policy For Cuts On Local City Roads as prepared by the Director, En- gineering Services from time to time. Where the permittee is authorized to do the backfilling and fails to do same to the City's specifications, the cut may be reopened and refilled at the permittee's expense. 827.7.5 Inspection - charges - payable by permittee The permittee shall pay to the City the necessary cost of any inspection by the City's servants or their agents for work authorized by permits issued pur- suant hereto, upon receipt from the City of an invoice for same. Such inspec- tion charges shall be due and payable within thirty days of date of billing. 827.8 FEBRUARY 2024 KITCHENER 827.7.6 EXCAVATIONS 827.9.1 827.7.6 Vehicle - pedestrian traffic - control - standards The control of vehicle and pedestrian traffic around an excavation made in accordance with the permit issued pursuant hereto, shall be in accordance with the latest revision of the "Traffic Control Manual for Roadway Work Operations," published by the Ontario Ministry of Transportation, and all signs and other traffic control devices shall conform to the requirements of the said Manual. Article 8 INSURANCE REQUIREMENTS 827.8.1 Comprehensive policy - minimum coverage The permittee shall take out, with an insurer licensed to carry on business in Ontario, a comprehensive policy of public liability and property damage in- surance acceptable to the City providing insurance coverage in respect of any one accident to the limit of at least $1,000,000 exclusive of interest and cost, against loss or damage resulting from bodily injury to or death of one or more persons and loss of or damage to property and such policy shall name the City as an additional insured thereunder and shall protect the City against all claims for all damage or injury including death to any person or persons and for damage to any property of the City or any other public or private property resulting from or arising out of any act or omission on the part of the permittee or any of the permittee's servants or agents arising in any way out of the work for which the permit was issued, and the permittee shall forward a certified copy of the policy or a certificate thereof to the City. If the permittee anticipates requesting more than one permit per year, the permittee may deposit a master certificate with the Director, Engineering Services certifying insurance coverage as above for liability and property damage for each occurrence. 827.8.2 Notification - emergency services Where notification of emergency services or other agencies is required as a condition on a permit issued hereunder, the permittee shall notify the said agencies before work is started and when completed. Article 9 ENFORCEMENT 827.9.1 Violation - revocation of permit Any permit issued pursuant to this Chapter may be revoked by the Director on written notice to the permittee for: KITCHENER 827.9 FEBRUARY 2024 827.9.2 EXCAVATIONS 827.9.7 (a) a violation of any condition of the permit or of any provision of this Chapter; (b) a violation of any provision of any other law, Chapter or by-law relating to the work; (c) existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or properties of others. 827.9.2 Violation - correction - time for The permittee may be granted a period of not more than seven days to correct the violation and to proceed with diligent prosecution of the work authorized by the permit before the said permit is revoked. 827.9.3 Fine - for contravention Every person who contravenes any provision of this Chapter or any condi- tion of a permit is guilty of an offence and is liable, upon conviction, to a fine not exceeding Five Thousand Dollars ($5,000), exclusive of costs, for each offence, recoverable under the Provincial Offences Act. 827.9.4 Administrative Penalty By-law- applications Articles 3, 5, 6 and 7 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 827.9.5 Administrative Penalty By-law – contravention Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 827.9.6 Provincial Offences Act The Provincial Offences Act continues to apply to the provisions of this by- law in addition to the designated provisions of this by-law. 827.9.7 Non-payment Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 827.9.5. 827.10 FEBRUARY 2024 KITCHENER By-law 88-24, 25 January 1998; By-law 97-140, 15 September 1997; By- law 98-72, 15 June 1998; By-law 2001-224, 26 November 2001; By-law 2002-14, 14 January 2002; By-law 2007-166, 17 September 2007; By-law 2011-047, 28 March 2011, By-law 2024-015, 22 January 2024.