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TOWN OF WINDSOR
BYLAW # 10
STREETS AND SIDEWALKS BYLAW
Title
10.01
This Bylaw is entitled the "Town of Windsor Streets and Sidewalks Bylaw".
10.02
This Bylaw applies only to streets, sidewalks and other property owned by the
Town of Windsor and to activities or conditions affecting such Town of Windsor
streets, sidewalks and property.
Definitions
10.03
In this Bylaw:
(1)
"abutter" means the owner, lessee or occupier of any premises or lot in the
Town of Windsor which abuts a Town of Windsor street, and where the
premises or lot has been registered as a condominium under the
Condominium Property Act, includes the condominium corporation which
manages the premises or lot;
(2)
"crosswalk" means that portion of a Town of Windsor roadway ordinarily
included within the prolongation or connection of curb lines or the edge of
a roadway and property lines at intersections or any portion of a roadway
clearly indicated for pedestrian crossings by lines or other markings on the
road surface;
(3)
"Engineer" means the Town of Windsor Engineer and includes a person
acting under the supervision and direction of the Engineer;
(4)
"Town of Windsor infrastructure" includes infrastructure that supports the
provision of Town of Windsor services as well as water services, and
without restricting the generality of the foregoing includes public trees,
street lighting, traffic lights, traffic signs and other Town of Windsor signs;
(5)
"Town of Windsor sewer or water system" means a sewer or water system
owned and operated by the Town of Windsor or by a water utility owned
by the Town of Windsor;
(6)
"roadway" means that portion of a Town of Windsor street between the
curb lines or the traveled portion of a street designed for vehicular traffic
and, except where the context indicates otherwise, includes a crosswalk;
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(7)
"sidewalk" means that portion of a Town of Windsor street between curb
line and adjacent property line or any part of the street especially set aside
for pedestrian travel and separated from the roadway;
(8)
"street" means a Town of Windsor street, highway, road, lane, sidewalk,
thoroughfare, bridge, square and the curbs, gutters, culverts and retaining
walls in connection therewith and, without restricting the generality of the
foregoing, includes the full right-of-way width from property line to
property line;
(9)
"utility" includes any person or corporation that provides water, electric
power, telecommunications service, natural gas or other gas intended for
use as fuel to the public, except a water utility owned by the Town of
Windsor;
(10)
"utility facilities" includes any pole, pole lines (including braces and
anchors), aerial cables, manholes, conduits, underground cables, pipes
for the carriage of gas or liquids, and associated apparatus for the
provision of utility services, including amplifiers, connection panels,
transformers, valves and other fittings or equipment.
Removal of Ice and Snow from Sidewalks
10.04
Irrespective of whether a sidewalk is periodically plowed and salt/sanded by the
Town, when a sidewalk is slippery in the winter due to the presence of
compressed snow or ice, the abutter shall apply sufficient sand, salt or other de-
icing material to provide good traction for pedestrian traffic:
(1)
On any sidewalk which abuts any side of their property
(2)
On any pathway leading from the sidewalk abutting their property to the
roadway; and
(3)
Between and sidewalk abutting their property and a crosswalk.
10.05
Abutters whose property has snow, icicles or ice overhanging or abutting a
sidewalk, including snow or ice on a roof, which might slide onto a sidewalk, shall
remove such snow, icicles or ice before they fall or are likely to fall onto a
sidewalk at an uncontrolled time or in an uncontrolled manner.
10.06
When an abutter fails to remove snow, ice or icicles from the sidewalks or
structures as required by the Bylaw, the Engineer may give to the abutter an
order to remove the snow and ice within 24 hours of OR forthwith upon service of
such a notice.
10.07
If the remedial work ordered pursuant to 10.06 is not made within the time
provided by the order, the Engineer may make or cause to be made such snow,
ice or icicle removals.
10.08
The Town may recover the expense incurred in making snow, ice or icicle
removals pursuant to section 10.07 together with costs and pre-judgement
interest by action in any court of competent jurisdiction, or may charge and
collect same as a first lien on the property.
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10.09
Nothing in this Bylaw creates a duty upon the Town to inspect or become aware
of hazardous conditions created by snow or ice on or near or overhanging
sidewalks. Council hereby declares, having regard to the resources and fiscal
priorities of the Town that it is the express policy of the Town of Windsor:
(1)
Only to carry out inspections upon receiving a complaint about such
conditions in respect to a specific location; and
(2)
Such complaints shall be deemed to be remedied upon the removal or
remediation of the hazardous condition that existed at the time of the
making of the complaint.
Vegetation in Street Right-of-Way
10.10
Abutters shall maintain any grass between the curb or the edge of roadway and a
sidewalk abutting their property and between the curb and their abutting property
except in areas designated by Council resolution as exempt from this
requirement including:
(1)
clipping, cutting or mowing the grass to a height of not greater than 8 cm.;
(2)
raking and renewing grass as necessary in order to maintain a neat and
tidy appearance; and
(3)
collecting and removing litter or waste.
Encroaching Vegetation
10.11
Abutters shall trim the branches of trees, hedges, bushes or other shrubbery
which encroaches from the abutting property over a street so as to prevent such
tree, hedge, bush or other shrubbery:
(1)
from interfering with pedestrian traffic on a sidewalk;
(2)
from interfering with or affecting the sight lines of any person on a bicycle
or in a motor vehicle traveling on the roadway up to a minimum height of
2.25 metres; or
(3)
from interfering with any structure on or in a street.
Nuisance
10.12
No abutter shall place, permit to be placed, or permit to escape from the abutter's
property or driveway, dirt, dust, or other nuisance onto the street.
Damage
10.13
No person shall
(1)
move any heavy load over or deposit any heavy load on any sidewalk
unless the sidewalk has first been protected by a covering of boards of
adequate thickness to prevent any visible damage or disturbance to the
surface of the sidewalk, or
(2)
otherwise cause or permit any visible damage or disturbance to the
surface of a sidewalk
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except as authorized by a Street Disturbance Permit.
10.14
No person shall
(1)
drag or cause or permit any load or part of a load to drag on any roadway
in such a manner as to cause any visible damage or disturbance to the
surface of the roadway, or
(2)
otherwise cause or permit any visible damage or disturbance to the
surface of a sidewalk
except as authorized by a Street Disturbance Permit.
10.15
No person shall drive over a curb with a heavy load or otherwise cause any
visible damage or disturbance to the surface of the curb, except as authorized by
a Street Disturbance Permit.
Gates
10.16
No person shall construct or permit to be used any gate or barriers that open in
to or encroach upon any portion of the street or that may in any way impede
pedestrian or vehicular traffic, except as authorized by a Street Disturbance
Permit.
Sidewalk Signage
10.17
Subject to the restrictions contained in the Town of Windsor Land Use Bylaw,
sandwich boards or temporary or mobile signs may be placed on a sidewalk by
an abutter lawfully operating a commercial enterprise or by a vendor authorized
to carry on vending pursuant to the Vending Bylaw, provided that the owner has
obtained a Sidewalk Signage Permit and provided that such signage:
(1)
shall not be placed or left on the sidewalk when the associated
commercial enterprise is not open to the public;
(2)
shall not be placed or left on the sidewalk when there is snow or ice on the
sidewalk;
(3)
shall not be placed or left on the sidewalk so as to obstruct the traffic of
pedestrians, or wheelchairs, and without limiting the generality of the
foregoing, shall only be placed in a manner that leaves a minimum width
of 1 metre of sidewalk unobstructed between the curb and the signage or
between the signage and the nearest building or other obstruction to the
interior of the sidewalk; and
(4)
shall contain a maximum signage face area of 1 square metre.
10.18
A Sidewalk Signage Permit shall be obtained from the Development Officer upon
(1)
payment of a permit fee of Fifteen dollars ($15.00);
(2)
submission of an application in writing, in duplicate, on such form as may
be specified by the Development Officer from time to time, and signed by
the person applying therefore;
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(3)
the provision of an indemnity in favour of, and in form satisfactory to, the
Town of Windsor for the defence and indemnification of any claims arising
out of or in relation to the signage.
Awnings and Signs Encroaching on Airspace
10.19
No person shall cause or permit a sign, awning or other structure to encroach
upon the air space above a street or sidewalk or other municipally owned
property except pursuant to an Airspace Encroachment Permit.
10.20
Application for an Airspace Encroachment Permit shall be made to the
Development Officer and the Development Officer may issue such permit upon
(1)
payment of a permit fee of $15.00;
(2)
submission of an application in writing, in duplicate, on such form as may
be specified by the Development Officer from time to time, and signed by
the person applying therefore;
(3)
determination by the Development Officer that the encroachment is for a
proposed sign or awning which complies with the Land Use Bylaw;
(4)
determination by the Building Inspector that the proposed sign or awning
complies with the Building Code Act and Regulations and the Building
Bylaw;
(5)
determination by the Traffic Authority that the proposed sign or awning is
not a traffic hazard, having regard to sight lines or otherwise and, in any
event, the proposed sign or awning must have a minimum clearance
above the sidewalk of 3 metres and must not project beyond the sidewalk
into the air space above the roadway;
(6)
provision of an indemnity in favour of, and in form satisfactory to, the Town
of Windsor for the defence and indemnification of any claims arising out of
or in relation to the sign or awning; and
(7)
provision of an acknowledgment that the permission of the Town of
Windsor to encroach may be withdrawn without payment of any
compensation.
Other Encroachments
10.21
When any part of a street or other Town of Windsor property has been built upon,
other than pursuant to an Airspace Encroachment Permit, the encroachment may
be authorized to continue upon obtaining an Encroachment Permit.
10.22
Application for an Encroachment Permit shall be made to the Engineer and the
Engineer may issue such permit upon
(1)
determination by the Engineer that the encroachment was made in error;
(2)
payment of a permit fee of $50.00;
(3)
submission of an application in writing, in duplicate, on such form as may
be specified by the Engineer from time to time, and signed by the person
applying therefore;
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(4)
determination by the Engineer that the encroachment does not
significantly impede pedestrian or wheelchair traffic on a sidewalk or
vehicular traffic on a roadway;
(5)
determination by the Traffic Authority that the encroachment does not
pose a traffic hazard having regard to sight lines or otherwise
(6)
provision of an indemnity in favour of, and in form satisfactory to, the Town
of Windsor for the defence and indemnification of any claims arising out of
or in relation to the encroaching structure; and
(7)
provision of an acknowledgment that the permission of the Town of
Windsor to encroach may be withdrawn without payment of any
compensation.
10.23
Notwithstanding the issuance of an Encroachment Permit, no person shall permit
or cause a further or renewed encroachment once the original encroaching
structure is demolished, destroyed or removed to the extent of 75% or more.
10.24
Notwithstanding sections 10.21 to 10.23, Council may by Agreement, authorize
an encroachment or the continuation of an encroachment upon, under or over a
street for such period of time and upon such conditions as it deems appropriate.
10.25
Sections 10.21 to 10.24 do not apply to utility facilities.
Provisions Applicable to Various Permits
10.26
Sections 10.25 to 10.32 apply to Sidewalk Signage Permits, Airspace
Encroachment Permits and Encroachment Permits.
10.27
Such Permits shall remain in effect for a period of three years from the date of
issuance, and applications for a renewal shall be made at least one month before
the renewal date, on such form as may be specified by the Development Officer
or Engineer, as the case may be, from time to time, accompanied by the permit
fee.
10.28
In the event of a change in ownership of the business for which the Permit has
been issued, the new owner shall notify the Development Officer or Engineer, as
the case may be, in writing of his name and postal address and no fee shall be
payable for substituting the new owner's name and address for that of the former
owner.
10.29
The Development Officer or Engineer, as the case may be, may refuse to issue
or renew, or may revoke or suspend a Permit for breach of this Bylaw or for not
meeting or for ceasing to meet the terms of eligibility for the Permit, upon 10 days
notice to an applicant or Permit holder from the date of mailing the notice to the
address of record of the Applicant or Permit holder.
10.30
A person aggrieved by a decision pursuant to section 10.28 of the Development
Officer or Engineer, as the case may be, may appeal that decision to Council
within 15 days from the date of mailing of the decision to the owner's address of
record, by written notice of appeal to the Clerk.
10.31
After the hearing of an appeal, Council may confirm, rescind or vary the decision
of the Development Officer or Engineer, as the case may be.
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10.32
Notwithstanding the issuance of a Permit, if Council is at any time of the opinion
that terminating an encroachment would serve the Town of Windsor's interests, it
may, by resolution, terminate any permission or authority to encroach provided
that:
(1)
60 days notice shall be provided to the affected Permit Holder except in
the event of imminent danger or harm in which event no notice is required;
and
(2)
The affected Permit Holder shall be given a rebate of the Permit fee, pro-
rated to reflect the proportion of unexpired time for which the Permit would
otherwise have remained in effect.
Sidewalk Cafés and Restaurants
10.33
Council may enter into leases, containing such terms and conditions as it deems
appropriate, for the seasonal or temporary use of a sidewalk or other suitable
Town of Windsor property as a sidewalk café or restaurant. Nothing in this
section limits any other authority of Council or the Chief Administrative Officer to
make leases of other Town of Windsor property.
Controlled Access Streets
10.34
The streets or portions of streets identified in **Schedule "B" to this Bylaw are
hereby designated as "controlled access" streets.
Street Disturbance Permit
10.35
No person shall:
(1)
make any excavation in a street right of way;
(2)
cause or permit the breaking of the surface of a street or other physical
damage to a street by construction activities in or near a street; or
(3)
otherwise engage in construction activity or other temporary activity that is
likely to obstruct pedestrian or vehicular traffic in a street;
without first obtaining a Street Disturbance Permit from the Engineer.
10.36
Every application for a Street Disturbance Permit shall include:
(1)
a non-refundable fee of $10.00 when the Permit is required solely
because of an obstruction of one month or less to the pedestrian or
vehicular traffic in a street, without breaking or damaging the surface or
subsurface of a street or to Town of Windsor infrastructure or property in,
on or under a street;
(2)
a non-refundable fee in the amount of $100.00 in all other cases; and
(3)
where an excavation or other construction activity is involved that may, in
the opinion of the Engineer, cause damage to a street, a security deposit
in the amount of $1,000.00.
10.37
The security deposit required under subsection (3) of section 10.36 shall be
retained as security that the applicant will properly perform and complete the
work for which the permit is granted, and restore and keep the surface of the
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street and other Town of Windsor property when such work is done, to a good
condition to the satisfaction of the Engineer for a period of six months after the
completion of the work.
10.38
If the Engineer is of the opinion that the surface of the street or other Town of
Windsor property is not restored and kept in good condition for the six month
period, he may, upon advance notice to the Permit holder, perform such work in
respect of the street as he considers necessary and the cost shall be deducted
from the deposit, and the balance, if any, returned upon the expiry of the six
month period. If the cost of such work exceeds the deposit, the Town of Windsor
may recover the balance, together with costs and pre-judgment interest, by
action in any court of competent jurisdiction from the Permit holder, or may
charge and collect the balance, together with costs and pre-judgment interest as
a first lien on the property for whose benefit the work was undertaken.
10.39
The Engineer may grant an Annual Street Disturbance Permit to a utility for the
purpose of the installation of Utility facilities, including pavement patching related
thereto which require excavations in municipal streets, subject to such conditions
as the Engineer may determine, and, without restricting the generality of the
foregoing, any such permit shall require that the Engineer be informed of the
location and time of each instance of street disturbance prior to its
commencement.
10.40
An application for an Annual Street Disturbance Permit shall include
(1)
A non-refundable fee of $500.00; and
(2)
A security deposit in the amount of $10,000.00 to be maintained in place
for the duration of the permit.
10.41
The provisions of sections 10.37 and 10.38 shall apply, with any necessary
changes for context, to the annual security deposit pursuant to subsection (2) of
section 10.40 and the balance of the security deposit shall be returnable upon
expiration of the permit.
10.42
Every Permit holder shall file in the office of the Engineer a notice of completion
of work for all facilities constructed or repaired within a street within one week of
the completion of the work.
10.43
Every excavation in a street shall, after notice, either written or verbal, given by
Engineer to the Permit holder, be closed and filled as required by the notice, and
if it is not so closed and filled within 48 hours after such notice, then it may be
closed and filled by the Town of Windsor at the expense of the Permit holder.
10.44
In the event of an emergency arising at the location of the excavation, the
Engineer may immediately fill or direct the filling of the excavation at the expense
of the Permit holder.
10.45
Every person obtaining a Street Disturbance Permit to make any excavation or
opening in any street shall
(1)
sufficiently and continuously light the excavation at night;
(2)
enclose and secure the excavation by a fence or barrier at least one meter
in height; and
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(3)
comply with any standards relating to excavations in the Occupational
Health & Safety Act or Regulations or any other applicable statutes or
regulations.
10.46
In addition to any other conditions imposed by the Engineer for the granting of a
Street Disturbance Permit, all permits shall be subject to the following conditions:
(1)
the Engineer may stipulate the hours of work;
(2)
the Permit holder shall keep the work site at all times safe with respect to
vehicular and pedestrian traffic, including direction of traffic, barricades,
lights, signs, and supply of properly equipped and trained traffic control
personnel for protection of traffic, in accordance with the Temporary
Workplace Control Manual or other standards in force pursuant to the
Occupational Health and Safety Act;
(3)
the Engineer may order additional precautions, work stoppages and
restorations of the street should circumstances warrant and upon the
failure of the Permit Holder to comply within 24 hours with such order, or
immediately in the event of an emergency, the Town of Windsor may
undertake any necessary action at the expense of the Permit holder;
(4)
the Permit holder shall ensure that the street is kept free from nuisance,
dirt, and dust;
(5)
the Permit holder shall dispose, store, or haul away any clean material
suitable for use as structural fill excavated from a street in accordance
with the directions of the Engineer and the material may, at the Engineer's
discretion, remain Town of Windsor property;
(6)
the Permit holder shall ensure that all excavations are backfilled and
restored in such manner and with such material as is approved by the
Engineer and that advance notice of a minimum of 24 hours of the
backfilling operation shall be provided to the Engineer so that it may be
properly inspected;
(7)
the Permit holder shall comply and ensure compliance by any agents,
contractors or employees, with
(a)
the Municipality's Policy on Driveway Access and Construction
Standards in cases where the construction activity involves
construction, repair or alteration of driveway access points into a
street;
(b)
the Municipality's Policy on Utility Facilities Construction in cases
where the construction activity involves construction, repair or
alteration of Utility Facilities;
(c)
the Municipality's Policy on Street and Sidewalk Construction
Standards where the construction activity involves excavation or
other penetration or damage to the surface or subsurface of a
street;
(d)
and any other Policies or Standards of the Town of Windsor, from
time to time, regarding design or construction standards applicable
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to Town of Windsor infrastructure or property in, on, under or near a
street;
(8)
the provision of an indemnity in favour of, and in form satisfactory to, the
Town of Windsor for the defence and indemnification of any claims arising
out of or in relation to the proposed street disturbance activities;
(9)
the permit shall be valid for a period of six months from date of issuance,
but where work has commenced the permit shall expire twelve months
after the date of issuance; and
(10)
any other condition in respect of safety or preservation of Town of Windsor
property interests that the Engineer may impose.
10.47
In the event of an emergency requiring the immediate excavation of the street,
the Engineer may give verbal permission for such excavation on the condition
that a Street Disturbance Permit is applied for and obtained on the first working
day subsequent to the granting of such permission.
10.48
The Engineer may refuse to issue, renew or amend, or may revoke or suspend a
Street Disturbance Permit, upon reasonable notice to an applicant or Permit
holder, when
(1)
the Engineer is not satisfied that the steps taken, or proposed steps to be
taken, by the applicant or Permit holder has adequately protected or will
adequately protect the Town of Windsor's property;
(2)
the Engineer is not satisfied that the steps taken, or proposed steps to be
taken, by the applicant or Permit holder has minimized or will minimize the
obstruction to pedestrian or vehicular traffic in the street;
(3)
the Engineer is not satisfied that the steps taken, or proposed steps to be
taken, by the applicant or Permit holder has achieved or will achieve
compliance with any applicable Policies or Standards of the Town of
Windsor;
(4)
this Bylaw or the terms or conditions of a Permit have been contravened;
or
(5)
for any other reason in the public interest.
10.49
A person aggrieved by a decision of the Engineer pursuant to section 10.48 may
appeal that decision to Council within fifteen days of the decision by written
notice of appeal to the Clerk.
10.50
After the hearing of an appeal, Council may confirm, rescind or vary the decision
of the Engineer.
Penalty
10.51
Any person who contravenes any provision of this Bylaw is punishable on
summary conviction by a fine of not less than $100.00 and not more than
$5,000.00 and to imprisonment of not more than ninety days in default of
payment thereof.
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10.52
Any person who contravenes sections 10.06, 10.10, 10.11, and 10.12 of this
Bylaw and who is given notice of the contravention may pay to the Town of
Windsor, at the place specified in the notice, the sum of $100.00 within 14 days
of the date of the notice and shall thereby avoid prosecution for that
contravention.
10.53
Sections 10.01 - 10.11 of the Streets Bylaw as contained in the Town of Windsor
Consolidated Bylaws are hereby repealed.
Schedule "B"
CONTROLLED ACCESS STREETS
Controlled Access Streets shall be considered to be any streets that are part of the Nova
Scotia Department of Transportation 100 Series Highway System or any street or portion of
street that is added to this schedule by resolution of Council.