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CHAPTER 9 ࡅ STREETS
Council:
Jan. 6, 1969
Minister: Feb. 19, 1969
CARE OF STREETS
1.
In this by-1 aw or Chapter the expression 11Commi ttee11 means
committee on streets.
2.
The Public streets, lanes, highways and thoroughfares of the Town of
Middleton shall be under the care and custody of the Street Committee.
If
any person shall b1-eak, bark, remove, root up, or otherwise destroy or damage
the whole or part of any tree, sapling, or shrub planted for ornament or
growing on any street or highway of the Town without permission of the said
Committee, he shal 1 forfeit for every such tree, sapling, or shrub _so by him
broken, barked, rooted up, or otherwise destroyed or damaged in whole or in
part, a sum not exceeding ten dollars and in default of payment thereof he
shall be liable to imprisonment for a period not exceeding one month for such
penalty.
Any person found committing a breach of this section is liable to
arrest on view by any Peace Officer.
4.
Any person proposing to set out any shade or ornamental trees on any
street, road, lane, sidewalk, or other public place of the Town,· shall apply
to the Committee on Streets for the location of the same.
5.
Owners or occupiers of buildings, along the line of sidewalks or
foot paths ·on the streets of the Town shall not allow water to pour, drip, or
fall from the roofs or eaves of said buildings, or from any projection
thereof, upon said sidealks or foot paths, but shall so conduct the said
water that it shall not fall thereon, under a penalty not exceeding ten
dollars for each offence, and in default of payment thereof to be imprisoned
for a period of not exceeding twenty days.
6.
All gates or doors opening upon the sidewalks or other foot paths of
the Town must be so constructed as not to swing out\-Jardly across such sidewalks
or foot paths or any part thereof.
The occupants of premises on which
violation of this by-law is permitted shall be liable on summary conviction to
a penalty not exceeding four dollars, and in default of payment thereof to
imprisonment for a period not exceeding ten days.
Ten days will be al lowed
offenders after each conviction to comply with this by-law, and every ten days
neglect thereof do to comply, shall be considered as a new offence.
.,...,
- 19 -
Care of Streets Cont'd.
7.
The use of barbed wire for fences along the lines of the streets or
sidewalks of the To~,n is prohibited.
Owners or occupiers of premises whe.reon
a violation of this by-law is permitted shall be liable to the same penalty
and in default of payment to the same imprisonment as is attached to the
violation of the next preceeding section of this Chapter.
Ten days shall be
.allowed after such conviction to comply with this by-law, and every ten days
neglect thereafter so to comply shall be considered a new offence.
8.
It shall not be lawful for any person or persons to post, stick,
paint, stamp, or otherwise affix or cause to be posted, stuck, stamped,
painted or otherwise affixed, any bill, poster, notice or advertisement on
any property of the Town or any telegraph, telephone, electric light, or
other post or pole, fence or Town building standing on or near any public
street in the Town, without permission of the street committee, nor on any
tree within the limits of any of the streets of the Town, under a penalty not
exceeding ten dollars for each offence and in default of payment to imprison-
ment for a period not exceeding thirty days.
9.
No telegraph, telephone or electric light pole shall be erected
within the Town limits without the consent of the Committee on Streets, which
committee shall locate the same, having the regard to public convenience and
safety.
The committee on streets may impose such terms as to the class of
pole, the painting of same and otherwise, as such committee may deem
advisable.
Any person violating the provisions of this .section shall be
liable to a penalty not exceeding ten dollars for each forty-eight hours the
said post or pole shall be allowed to remain unchanged with regard to its
position, unremoved, or not straightened after such notice to remove,
straighten or replace, and in default of payment to imprisonment for a period
not exceeding twenty days.
10.
No person shall erect any verandah, bay windms, porch sign, awning,
fence or other projecting over any sidewalk or street in the Town, without
making application in l-:riting to the committee on streets and obtaining
permission therefor, subject to such conditions as the said committee may
impose.
Every such projection nm, or hereafter erected over any sidewalk or
street shall be removed by the owner or lessee of the premises out from which
the same is built or projects within forty-eight hours after notice from the
Committee on streets so to do, and in default of such order being complied
-with, the committee on streets may remove the same at the expense of such
owner or 1 es see, who sha 11 be 1 i able therefor as a private debt to the Town,
and such owner or lessee shall also be liable to a penalty for each offence
against this section not exceeding five dollars and in default of payment
thereof, to imprisonment for a period not exceeding ten days.
Twenty days
shall be allowed offenders after each conviction to comply with this by-la,,,
and every twenty days neglect thereafter so to comply shall be considered a
new offence.
11.
No person shal 1 throw, cast, or put into, or cause to be put into,
or dropped in, or on, any street or public place in the Town, any stone,
nails, tacks, glass, from, or other metal whatsoever, except by leave of the
Superintendent of, or the Committee on Streets, and any person violating the
provisions of this Section shall forfeit and pay a sum not less than two
dollars and not more than ten dollars for each offence, and in default of
, immediate payment shall be liable to imprisonment for a period not exceeding
one month.
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Care of Streets Cont'd.
12.
Where any sidewalk has been partly covered with sod, the occupier of
the premises adjoining such sidewalk, or If the property is not occupied, the
owner thereof, shall keep that part of the sidewalk immediately adjo!ning such
premises so sodded close clipped, clean and in good repair.
He shall also keep
neatly cut the grass and weeds growing on that portion of the public street or
side path which immediately adjoins or is continuous to such premises.
If such
person shall neglect to comply with any order of the Superintendent of Streets,
requiring such person to comply with this by-law within twenty-four hours after
such notice shall nave been served upon such person, personally, or left upon
the said premises, he shall forfeit and pay a sum not exceeding five dollars as
a penalty, and in default of immediate payment shall be liable to imprisonment
for a period not exceeding ten days.
13.
No person shall wash· any windows adjacent to any sidewalk in the TOien
or sprinkle any sidewalk with water after nine o'clock in the morning, and no
occupier of any house·or building shall permit the same to be done."
14.
Every person who violates the provision of the next preceding Section,
shall for each offence, forfeit and pay as a penalty a sum not exceeding five
dollars, and in default of payment shall be liable to imprisonment for a
period not exceeding ten days.
15.
Whenever any sidewalk has been broken or otherwise injured in consequence
of the erection of any building or any repairs to a building, the Superintendent
of Streets may serve notice in writing upon the owner of the bu·ilding, requiring
him to repair such injury within forty-eight hours from such time, the
Superintendent may cause -the same to be done at the expense of the O1·mer, and
\
the cost thereof may be recovered by the Town in a ct ion.
16.
No person shall dump, unload, deposit, or move any coal, or heavy article
upon any concrete or_asphalt sidewalk, unless such sidewalk.has been first
protected by boards not less than one inch thick, and placed close together over
the surface where such coal or heavy article is to be deposited.
17.
Every occupier of any premise shall keep the sidewalks and gutter in
fro_nt of the same free from dirt and nuisance of every_desc::ription.
18.
No person shall distribute any handbills, or other papers by scattering
the same on any street.
19.
No person shall cart or transport in any way on any street any sand,
earth, dirt, manure, hay, straw, or rubbish, or any loose fluid or semi-fluid
in such a manner that any portion of the same may be spilled or scattered on
the street.
20.
No person shall draw on any street, any timber or other article in such
a way that the same, or any part thereof drags on the street.
21.
No person in any building or premises shall permit water to be dis-
charged or to escape or percolate there from otherwise than by a properly
constructed drain or conduit discharging into a public sewer or into the gutter
of the street.
22.
No person shall on any street raise or hoist any goods into any door or
window of any upper storey, or lower, or throw down any goods from such door or
window.
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21 -
Care of Streets Cont'd.
23.
No person shall shake, riddle, mix with sand, or otherwise prepare
lime on any street except by permission in writing from the Superintendent
of Streets.
24.
No person shall throw any shingles, boards, slates, sand, gravel,
tar, or other material whatsoever from any roof or scaffolding upon any
·street, but the same shall be lowered in chutes, or by tackle, in such manner
as not to affect the safety and convenience of the public.
25.
No person shall construct across any drain·, gutter or water course
on any street a bridge of any description without having first obtained a
permit in writing from the Superintendent of Streets, specifying the nature
of _the bridge and terms and conditions on wtiich the same may be constructed.
A permit to construct any such bridge may be refused in any case in which
a curb and gutter have been placed in front of the premises intended to be
reached by the bridge, and
any bridge at any time constructed may be directed
by the Superintendent to be removed when a curb and gutter have been so placed.
26.
Every person who contravenes or fails to comply with any of the next
eleven preceding Sections, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24. and 25
shall be liable to a penalty .not exceeding twenty dollars and in default of
payment to impr_isonment for a period not exceeding one month.
REMOVING OF BUILDINGS
27.
Any person desirous of moving a building upon. or over any of the
public streets in the Town shall make application for such µrivi lege in
form "A" i'n this Chapter provided, addressed to the Mayor and Street· Committee,
which forms shal 1 be provided by the Town Clerk and there:.in shal 1 be stated
the place from, and the place to which it is proposed to move such building,
and the estimated number of days that.the same will be upon such streets,
and such app l i cation sha 11 be accompanied by a deposit of a sum equal and
fees chargeable on granting the privilege of such removal based on the said
estimated number of days mentioned, in such appplication, which fees for each
day or portion of a c:lay on which such building shall. be upon any public street
or streets shall be. as follows, not less than five dollars nor more than ten
dollars in discretion of the Council.
28.
Upon receiving such application and deposit and upon the application
entering into a bond to the Town in the form 11811 in this Chapter provided
with one or·more sureties to be approved by the Chairman of the Street
Committee in the sum
$300. the Town shall issue such applicants permit to
move such building over the street or streets in such application mentioned
during the period estimated therein.
29.
Such permit may be extended by the Mayor or Street Committee for
such number of days as.the applicant may find necessary beyond those mentioned
them in by enders i ng such expended time on such orig i na 1 permit and signing
the same provided however, that such applicant shall first deposit a further
sum with the Town Clerk equal to the fees payable in respect to the number
of additional days for which he requires such extension based upon the tariff
chargeable therefor under Section 27, of this Chapter, as though the extended
number of days had been added to, and included in the original application.
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Removing of Buildings Cont'd.
30.
If any building for the removal of which a permit has been granted
as heretofore mentioned shall be, or remain upon any public street of the
Town for any day or portion of a day beyond the period mentioned in such
permit or extension thereof, the applicant shal I be con"sidered· as having
the same without the permission of the Mayor or Street Committee, and shall
be liable to the penalty and punishment mentioned in Section 182 of the
Town's Incorporation Act for moving buildings without permission.
· FORM "A"
To the Mayor and Council of the Town of Middleton.
Gentlemen:
Application is hereby made by the undersigned for permission to
move that certain building occupied by _____ _;as a _______ from its
present site on _____ __;Street upon, across and over the following public
streets of. the Town that is to say
to a new site on -----
Street where it is proposed to place the same.
Size of building.
Number of storeys.
Estimated number of days on streets.
Herewith is deposited$_,...... __ to cover fees payable for estimated number
of days required by Town by-laws.
Dated this
day of
A.O. 19
FORM 11811
Know all men by these present that -----..,,.-~a-re held and firmly bound
unto the Town of Middleton in the penal sum of five· hundred dollars to be
paid to the said Town for which payment to
be well and truly made we bind
ourselves and each of us by himself our and every ____ of our heirs,
executors and administrators firmly by these presents sealed without seals
and dated this
day of
in the year of -our Lord one thousand
nine hundred and _____ _
Whereas
the above bounden ____ hath obtained permission of Tmsn
Council of the said Town to move a certain building recently occupied as a
____ upon, over and across _____ streets to
·
in said Town,
he paying the Town Treasurer the sum of $ __ for such perm_ission and having
entered into the following agreements embodied to these presents, that is
to say, that he the said ___ will continually from day to day with due
despatch and without unnecessary delay in the moving of the said building
that for each and every day or portion of a day beyond five that the said
building shall be actually upon the said streets or any part thereof after
the work of moving has begun, he 1si 11 pay to
the said Town the sum of $ __
that he will at his own expense, but under the direction of the Street
Committee restore, mend, renew, repair, and replace all telegraph, telephone,
electric light and fire alarm wires, poles or other apparatus connected
therewith which it has been found necessary to remove or in anyway interfere
with in order to facilitate the progress of the said building along, to, or
over said street or which by accident or design, he or his workmen have
removed, defaced, displaced, or injured: that he will replace and repair
each and every of the said wire, poles, and other apparatus immediately after
'
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Form 11811 Cont'd.
the said building shall have passed thereunder.
That he will obtain the
consent of the telephone and electric company or either of them in case it
is necessary to cut their wires or any of them before doing so, and do so
under their direction; that he will further at his own expense and und~r the
direction of the said Street Committee forthwith repair al 1 holes or othe1·
injury that may be =~sioned on said street by the moving of the same;that
in default of his forthwith complying 11ith the direction of the said street
committee regarding any of the foregoing conditions and agreements, he will
pay the Town all costs and charges to which the Town may be put by making
through its servants any repairs of replacing said wires, poles and other
apparatus, repa,iring said holes or removing said debris; that he will indemnify
and save harmless the said Town from all damages and the costs and charges
incidental thereto which the Town may incur or for which it may be held
liable to any person or property by the moving of the said building, or any
action or thing done or taken for the purpose of facilitating the moving of
the said building or otherwise, whether the said injury be-owing to the
negligence of the said---~~-' his servants, agent, or contractor or
otherwise, this provision to include injuries to horses, carriages or carts
or teams lawfully upon the said street, but not to be limited to such injuries,
and from the costs of all suits which may be entered against the Town by any
person or persons complaining that the moving of the said building upon, and
over the said street has occasioned
him or them some injury. To which
agreement and every and each part and term thereof the said-~-- has by
the execution of these presents declared assent.
Now the conditions of. this obligation is such that if the said
shall well and truly keep and perform all and singular the terms of the said
agreement above recited, then these presents shall be void, otherwise to
remain in full force, effect and virtue.
SIGNED, SEALED AND DELIVERED
in the presence of
REMOVAL OF SNOW AND ICE
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31.
Every person who owns or occupies a house, shop, store, office, hall,
stable or other building or parcel of land situate on adjacent to or adjoining
that part of the Town of Middleton on which there is laid permanent concrete
sidewalks, shall within four hours from the ce:ssation of every fall of snow,
clear away all snow, ice, slush or dirt from off that portion of the side-
walk or footpath which passes immediately in from of or in contiguous to the
side of the street, whereon such person's buildings, land or premises is
situated or to which the same is adjacent as aforesaid, provided always that
such fall of snow not have ceased before two o'clock p.m. then it shall be
sufficient if such snow, ice, siu6h or dirt be cleared away on or before
ten o'clock in the forenoon of the following day.
32.
Any person who
shall nc,glect to comply with the prov1s10ns of the
next preceeding Sections shall be liable to a penalty of not less than one,
or more than five dollars for each offence , and in default of payment may
be imprisoned for a period of not exceeding thirty days and
if such neglect
shall continue for twenty-four hours after the snow shall have ceased falling,
the street committee or the Superintendent of Streets may cause said sidewalks
or footpath to be cle~red at the expense of such owner, occupier or person
- 24 -
Removal of Snow and Ice Cont'd.
in charge or control, and such expense shall become and be a charge upon
the premises in respect to which it was incurred and shall become and be a
special rate upon such premises and may be recovered an-d collected in like
manner as other Town rates are recovered and collected.
33.
Every owner or occupier of any house, barn, stable, shop, store,
office or. other building, whatever, built close to the line of any pubHc
street, lane or thoroughfare of the Town, shall at all.times during the
winter season keep the roofs, eaves, and other projections thereof, clear
from snow and lee.
34.
of any
persons
No person shall permit icicles to accumulate on the caves or gutters
building owned or occupied by him so as to
become dangerous to
passlng on the street.
35.
Any person violating the provisions of the next two preceding
Sections shall for each offence forfeit and pay a sum not less than two
dollars and not more than ten dollars, and in default of immediate payment
shall
be imprisoned for a period. not exceeding thirty days.
Every h1enty-
four_hours the snow or ice accumulates on the roof, eaves or other projections
of any such building is al l011ed to remain after notice by the Superint·endent
of, ,:,r Committee on Streets, to the own,~r or occupier thereof, requiring its
removal shall constitute a distinct and separate offence against this by-la11.
SEWERS
1935 Sections 36 & 37 repealed February 19, 1969 and replaced by the "By-law
relating to Se11ers and Sewage in the Town of Middleton." See Chapter 96.
OPENING IN STREETS
38.
Every person to ~,horn any permit is granted to make any opening or
excavation i.n any street shall first deposit with the Clerk the sum of five
do 11 ars the receipt for 11h i ch sha 11 be de l ivered to the Chairman of the
committee before the permit is issued.
Such deposit·shall be retained as a
guarantee that the applicant will properly perform and complete the work for
which the permit is granted and keep the surface of the street when such work
is done in good condition to the satisfaction of the Superintendent of Streets
for six months from the date of the permit.
If the Superintnendent of Streets
is of the opinion that the work is not being properly performed, or the
surface of the-street not kept in good condition he may without notice to the
applicant perform such work in respect to the streets as he considers
necessary and the cost of any work so done by the Superintendent of Streets
shall be deducted by him from the amount deposited and the balance (if any)
returned to the owner at the end of six months.
lf the cost of such work
exceeds the amount deposited, the balance may be recovered from the applicant
by the Town by action.
39.
The Chairman of the Committee may issue for a case of emergency an
emergency permit, which shall permit excavation to be made on such conditions
as the Chairman of the Committee specifies in the permit.
'
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Opening In Streets Cont'd.
40.
Every excavation under a sidewalk shal 1, after one week' S· notice to
that effect given by the Superintendent of Streets be closed and filled up,
with the owner or occupier of the premises abutting on such sidewalks and if
not so closed and filled up within ten days after such notice,.may be closed··
and filled up by the Superintendent of Streets at the expense of the owner
or occupier.
41.
Every person obtaining a permit to make any excavation or opening in
or near any street, shall at night sufficiently and continuously 1 ight the
same, and shall in addition enclose or secure the same by a fence or barrier
at least three feet in height and sufficient to protect the public from injury.
42,
No person shal 1 make any permanent excavation under the surface of any
street, the ll'Oveable covering of which extends further into the street than a
line three feet from the street line, and then only by permission in writing
from the committee and on such conditions as are specified in the permit,
provided however, that coal hole tops may be located near the curb and that
transparent coverings used for the purpose of lighting only permanently
secured, may extend five feet from the street line.
43.
No person shall build or place any moveable trap or do or in any
street for the purpose of entrance to a cellar, or other premises without
first ·obtaining the permission of the Committee on Streets.
44.
No person shall make any opening in any street for the purpose of a
coal hole or other receptacle or for light or air or for entrance to any
building or other purpose whatsoever, without a permit from the committee
upon the terms set out and such permit shall be exhibited on request of any
police officer or to any other person authorized by the Superintendent of
Streets in writlng to demand inspection of the permit.
45.
The committee may upon the application of any person construct any
coal hole, grating or other aperture in any sidewalk in such manner and of
such material as it deems suitable and the cost thereof shall be paid by the
applicant.
46.
No person shall place or maintain a grating in any street unless the
location. plan and material thereof have been approved by the committee.
47.
No person shall maintain any entrance to any property by steps
descending immediately from or near to a street unless the same is securely
guarded.
48.
Every owner or occupier of any bu i 1 ding having connected there1,i th
any aperture in any street sha 11 keep such aperture securely covered or
guarded in such a manner and with such mater:al as the Superintendent of
Streets directs, and every such cover or guard shall be constantly kept on a
level with the sidewalk and in good repair, and every such aperture shal 1 be
kept closed except when in immediate use and such use shall only be in the
daytime and such aperture when open shall be in charge of some competent
person to warn passers by.
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- 26 -
Opening In Streets Cont'd.
49.
If any such owner or occupier fails to keep any such aperture securely
.guarded and in good repair and level with the sidewalk the committee may at
its option close the said aperture or may put the same in good repair and the
cost of so doing may be recovered from him by the Town by action, and in
addition thereto he shall be liable to a penalty as hereinafter provided.
50.
Every person who contravenes or fails to comply with any of the
foregoing Sections in respect to openings in streets, numbered 38, 39, 40, 41,
42, 43, 44, 45, 46, 1;7, 1;8 and 1;9 shal 1 be 1 iable to a penalty not exceeding
twenty dollars and in default of payment to imprisonment for a period not
exceeding thirty days.
OBSTRUCTIONS ON STREETS
51.
Except as by "The Town's Incorporated Act" or by this by-law otherwise
provided no person shal 1 place· or cause to be placed, any encumbrance upon any
street, whereby the public are prevented from the free and uninterrupted·use of
the same.
52.
The committee may temporarily close any street or part thereof while
any work is being done thereon or when it is advisable for other reasons to
close the same and may for that purpose erect bars or other impediments to
traffic.
53.
Whenever the Cammi ttee puts up any bars or fences to close any streets
for any purpose, no person shall interfere with the same or travel or attempt
to travel or drive any vehicle along the street, so closed without permission
of the Superintendent of Streets, and every person who so travels or attempts
to travel or drive any vehicle, shall be liable to penalty as hereinafter
provided.
54.
Any person may by permission of the Committe place on any street,
materials for buildings and erect an enclosure to protect the same, and may
continue such enclosure for such period as the committee directs.
Every
person placing such material or erecting such enclosure without such per-
mission or otherwise than as herein directed or continuing the same for a
longer period than herein directed or continuing the same for a longer period
than herein prescribed or after being directed to remove the same be liable to
a penalty as hereinafter provided.
55.
Every person receiving a permit to occupy a part of a street for
building purposes or for repairing any building or making any excavation, or
for any other purpose, shall provide a safe and convenient passage around,
under or over the obstruction so placed, and shall be responsible for any
injury sustained by any person in consequence of his neglect so to do, and
shall at any time when requested by the Superintendent of Streets, exhibit his
permit to make such obstruction or excavation.
56.
Any person may by permission of the committee erect a scaffolding for
repairing and building or other purpose connected with any building.
Such
permission shal 1 be in writing and shall specify the terms and conditions on
which it may be continued.
Any person who erects any scaffolding without
having first obtained such permission o,- otherwise than as is therein directed
or continues the same for a longer period than is therein prescribed or after
being directed to remove the same shall be liable to a penalty as hereinafter
provided.
I
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- 27 -
Obstructions On Streets Cont'd.
57.
No person shall place upon any street for sale or show any goods.
wares or merchandise or any sign board or advertising board.
58.
No person shall place or suspend or expose from any building any
goods, wares or merchandise so that the same shall extend from the wall of
such building more than six inches toward or into any street.
59.
No person shall place on any street any articles, or permit the same
to remain thereon so as to obstruct the free passage of such street for a
longer period than is necessary to remove the same, or from any building or
premises fronting on such street.
60.
Every person who contravenes or fails to comply with any of the
foregoing Sections 51 to 59 inclusive in respect to the obstructions on
streets shall be liable to a penalty not exceeding twenty dollars and in
default of payment to imprisonment not exceeding thirty days.
Addition to Chapter 9 STREETS
Council - Sept. 2, 1980
Minister - Sept. 16, 1980
61.
(1)
No person shall construct a driveway entrance for access onto a public
street without first receiving a permit from·the Office of the Town Clerk and
Treasurer. The permit shall be issued in conformity with the recommendations
of the Superintendent of Streets for the Town.
(2) Driveway permits for new construction shall be filed along with the
building permit application.
(a)
(b)
(c)
(a)
(b)
( 3)
)-.
The minimum driveway width shall be 6 .1 metres ( 20 feet) total width
,Ji
shall not exceed 12. 2 metres ( 40 feet) .
,:y('~ ,
A permit fee of $175 shall be payable at the time of issuance of the
"I'\
permit for the 20 foot driveway.
The total cost to supply and/or install any width of driveway in excess
of the 6.1 metres (20 foot) covered by the permit fee, shall be for the
account of the applicant, including the costs of a second driveway for
the same lot.
(4)
Piping shall be of either concrete pipe Bell and Spigot type or
corrugated metal, as determined by the works superintendent and shall
have a rninirrrurn inside diameter of . 38 metres ( 15 inches) .
Placement of the driveway shall be determined by the works superintendent
in consultation with the lot owner, however shall not be located closer
than 15 metres (49.25 feet) of the limits of the rights-of-way of a
street intersection, and shall not interfer with the proper function of L
other municipal services .
{ )~
(5) . The Town shall install the driveway at the Town's cost, expepting
that all costs involved in the installation in excess of the width for which
the permit fee provides, shall be for the account of the applicant.
(6) Driveway culverts in need of repair or replacement because of
normal deterioration or damaged as a result of Town oper,ations, shall be replaced
at the expense of the Town.
... ..
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61.
(7) ·Asphalt replacement on the driveway shall be at the expense of
the property owner excepting when replacement is necessary as a result of Town
operations.
62.
(1)
The Town shall be responsible to clean culverts and ditches as
part of the Town's storm drainage program.
(2)
Property owners shall not fill ditches in front of their properties.
(3)
The Town may fill ditches on streets where a proper storm sewer
system exists and when such action will not result in ponding of water or cause
damage to the street.
(4J
Where ditching is installed by the Town on a developed street, the
Town shall provide driveway culvert installations of either single or double
width in accordance with usage, without permit fee, exceptiilg that costs of
additional construction and approved shall be for the account of the property
owner.
PAVJNG OF DRIVEWAY APRONS
63.
(1)
The property owner shall be responsible for pavement costs incurred
for paving driveway aprons from the lot line to the paved surface of the
travelled portion of the street.
(2)
Paving beyond the location of any driveway culvert or sidewalk to
the travelled portion of the street shall be asphalt only and shall not be
carried out without first receiving written permission from the Town.
(3)
The property owner shall be responsible for all future maintenance
of driveway aprons except where damage is incurred as a result of Town operations.
(4) Portions of driveway aprons involved in asphalt street wideniilg to
sidewalks or to curb and gutter installations shall be at the expense of the
Town as part of the street wideniilg project.
64.
Every person who contravenes or fails to comply with any of the foregoing
Sections 61 to 63 inclusive shall be liable to a minimum penalty of $25 and not
exceeding a maximum penalty of $75 and in default of payment to imprisonment
not exceeding seven (7) days.