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Home My WebLink AboutChapter 827 - Excavations Within Highways STREET Chapter 827 EXCAVATIONS WITHIN HIGHWAYS Article I INTERPRETATION 827.1.1 Highway- defined 827.1.2 Director- defined 827.1.3 Repealed: By-law 98-72, 15 June 1998 Article 2 APPLICATION 827.2.1 Public utility company- written agreement Article 3 PERMIT-ISSUE 827.3.1 Excavation -prohibited-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 KITCHENER 827.1 JANUARY 2002 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 JANUARY 2002 827.2 KITCHENER 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 Article I INTERPRETATION 827.1.1 Highway- defined "highway"means a common and public highway or street as defined in the Highway Ti arc Pict.By-law 88-24,25 January, 1988. 827.1.2 Director-defined "Director" shall mean the Director, Transportation Planning of the City. By-law 2001-224,26 November,2001;By-law 2011-047,28 March,2011. 827.1.3 Repealed: By-law 98-72, 15 June, 1998 Article 2 APPLICATION 827.2.1 Public utility company-written agreement This Chapter may not apply to any public utility company or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- tion is necessary and is expressly authorized by a permit issued under this Chapter.By-law 88-24,25 January, 1988. KITCHENER 827.3 APRIL 2011 827.3.2 EXCAVATIONS 827.3.4 827.3.2 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.By-law 88-24,25 January,1988;By-law 98-72, 15 June,1998;By-law 2001-224,26 November,2001. 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. By-law 88-24,25 January, 1998;By-law 2001-224,26 November,2001. 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. By-law 88-24,25 January, 1988;By-law 98-72, 15 June, 1998; By-law 2001-224,26 November,2001. JANUARY 2002 827.4 KITCHENER 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 orbe claimed to accrue on account of any workperformed 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. By-law 88-24, 25 January, 1988. 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 100%of the cost of restoration of the highway to a condition satisfactory to the Director.By-law 88-24,25 Janu- ary, 1988;By-law 98-72, 15 June, 1998. 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. By-law 88-24, 25 January, 1988; By-law 98-72, 15 June, 1998;By-law 2001-224,26 November,2001. 827.4.2 Appeal-from refusal Any applicant who has been refused a permit hereunder or who objects to any condition of permit may appeal such refusal or such condition to Coun- cil and the decision of the Council shall be final.By-law 88-24,25 January, 1988;By-law 2001-224 26 November,2001. KITCHENER 827.5 APRIL 2011 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 maybe 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.By-law 88-24,25 January, 1988; By-law 2001-224, 26 November, 2001; By-law 2011-047,28 March,2011. 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.By-law 88-24,25 January,1988;By-law 98-72,15 June, 1998;By-law 2001-244,26 November,2001. 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.By-law 88-24,25 January, 1988 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. APRIL 2011 827.6 KITCHENER 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 ofthe 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. By-law 88-24, 25 January, 1988; By-law 98-72, 15 June, 1998; By-law 2001-224,26 November,2001. 827.7.4 Restoration- road surface-standard The permittee shall backfill or pay the cost ofbackfilling 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.By-law 88-24,25 January,1988;By-law 98-72, 15 June,1998;By-law 2001-224,26 Novem- ber,2001;By-law 2011-047,28 March,2011. 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. By-law 88-24,25 January, 1988. KITCHENER 827.7 APRIL 2011 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. By-law 88-24, 25 January, 1988; By-law 2001-224, 26 November,2001. 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 cer- tifying insurance coverage as above for liability and property damage for each occurrence.By-law 88-24,25 January, 1988;By-law 98-72, 15 June, 1998;By-law 2011-047,28 March,2011. 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.By-law 88-24,25 Jan- uary, 1998; By-law 2001-224, 26 November, 2001; By-law 2002-14, 14 January,2002. 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: APRIL 2011 827.8 KITCHENER 827.9.2 EXCAVATIONS 827.9.3 (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. By-law 88-24, 25 January, 1988; By-law 98-72, 15 June, 1998;By-law 2001-224,26 November,2001. 827.9.2 Violation-correction-time for The permittee maybe 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.By-law 88-24,25 January, 1988. 827.9.3 Fine-for contravention Every person who contravenes any provision of this Chapter or any condi- tion of 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 Pict. By-law 88-24,25 January, 1988;By-law 2007-166, 17 September,2007. KITCHENER 827.9 OCTOBER 2007