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By-law No. 2015-092BY-LAW NUMBER 2015-092 OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A BY-LAW TO REGULATE UTILITY CONSENTS OF PUBLIC HIGHWAYS AND RIGHT-OF-WAYS WHEREAS the Municipal Act, 2001 S.O. 2001, c.25, as amended, provides that a municipality may enact by-laws regarding highways it has jurisdiction over; AND WHEREAS pursuant to the Municipal Act, 2001 S.O. 2001, c.25, as amended, as part of the power to regulate or prohibit a matter, a municipality may, among other things, require persons to do things respecting the matter and provide for a system of permits; AND WHEREAS pursuant to the Municipal Act, 2001 S.O. 2001, c.25, as amended, a municipality possesses certain enforcement powers including the authority to undertake remedial action and recover the costs for such action from the person responsible; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS A BY-LAW AS FOLLOWS: SHORT TITLE This By-law shall be known and may be cited as the "Municipal Utility Consent By-law". Section 1 -Definitions For the purpose of this By-law: 1.1 "Applicant" shall include a person seeking a Municipal Consent approval. 1.2 "Council" shall mean the Council of the Corporation of the Municipality of Bayham. 1.3 "Expense" shall mean any and all sums of money actually spent or required to be spent by the Municipality, and shall include but not be limited to all charges, costs, a twenty five percent (25%) administrative fee, taxes, outlays, legal fees and losses. 1.4 "Highway" shall mean a highway within the meaning of The Municipal Act, 2001 S.O. 2001, c.25, as amended. 1.5 "Manager of Public Works & Operations" shall mean the Manager of Public Works and Operations of the Corporation of the Municipality of Bayham, or designate. 1.6 "Municipal Consent" shall mean permission granted by the Manager of Public Works & Operations for an Applicant to locate works on a Highway or Right -of -Way. 1.7 "Municipality" shall mean the Corporation of the Municipality of Bayham. 1.8 "Person" shall include an individual, a sole proprietorship, a partnership, an unincorporated association, a trust, a body corporate or a natural person. 1.9 "Right -of -Way" shall mean a person's legal right, established by usage, deed or by contract, to pass through grounds or private property which affords access to abutting lots and does not include a highway. Section 2 -General Prohibitions 2.1 No person shall install, place or maintain, or cause to be installed, placed or maintained, a utility within a municipal highway or right-of-way, except where permitted to do so in accordance with this By-law. 2.2 Utilities when crossing a municipal drain are to be set at a depth of 1 meter minimum below the bottom design grade of culvert or open drain and extend 1 meter minimum from the top design grade at 1 meter minimum depth. 2.3 Utilities when running parallel to a municipal drain must be set at a distance of 1 meter minimum and depth of 1 meter minimum from top design grade of culvert or open drain. If conditions do not permit the utility shall be installed to the satisfaction of the Manager of Public Works & Operations. 2.4 When soil conditions do not permit such as bedrock, the utility is to be within a conduit and must be laid on the bedrock covered by a 6"x6" cement conduit extending 1 meter minimum beyond the top design grade of the culvert or open drain and to the satisfaction of the Manager of Public Works & Operations. 2.5 Utilities when crossing a surface treated Municipal road are to be installed by boring method unless conditions do not permit, in which case approval from the Manager of Public Works & Operations for an alternative is required. 2.6 Crossing a Municipal road or road allowance utilities are to be set to a 1 meter minimum depth below surface of the road and extend 2 meters minimum from each side travelled portion of road installed in a 6" tile. 2.7 All utilities shall be placed at the furthest possible location from the travelled highway and shall not be placed within the centre of an open drain. 2.8 All crossings of municipal roads, culverts, and open ditches will be repaired to a standard to which it was before works were commenced and to the satisfaction of the Manager of Public Works & Operations. Clean stone fill shall be used in all cut road crossings and compacted sufficiently. All work carred out shall meet the standards set out and be guaranteed for one (1) year from the date of completion by the applicant. Section 3 -Request for Municipal Consent 3.1 All Municipal Consent application fees, if any, are for administrative purposes and are, therefore, non-refundable if the application is refused for any reason or is withdrawn by the Applicant prior to the issuance of a Municipal Consent. 3.2 The Municipal Consent application fee shall be as set out in Schedule `A' to this By-law, and shall be reflected in the Municipal Fees By-law. 3.3 Every Applicant shall provide in full a complete application, at the time the application is submitted or the Manager of Public Works & Operations shall not accept the application. 3.4 Every Applicant shall provide in full a complete application, at the time the application is submitted, all of the information required on the application and shall provide: 2 (a) payment of the prescribed Municipal Consent application fee set out in Schedule 'A' of this By-law; (b) any other document or information as may be required in any other Section of this By-law; (c) any other affidavit, document or information as may be requested by the Manager of Public Works & Operations at any time. (d) proof that the need for the Municipal Consent is reasonable, feasible and no alternative option exists. In addition the Municipal Consent must not jeopardize the health or safety of the public and must be in the public's best interest and must be minor in nature. CONTRAVENTION OF OTHER I-Aws PROHIBITED 3.5 The issuance or renewal of a Municipal Consent under this By-law is not intended and shall not be construed as permission or consent by the Municipality for the Municipal Consent Applicant to contravene or to fail to observe or comply with any law of Canada or Ontario or any other By-law of the Municipality or the County of Elgin. Section 4 -Authority of the Manager of Public Works & Operations 4.1 The Manager of Public Works & Operations shall have delegated authority to: (a) approve or reject any application submitted for a Municipal Consent; and (b) impose such terms and conditions to any request and/or Municipal Consent as the Manager of Public Works & Operations may deem appropriate; and Section 5 -Access to Municipal Consents 5.1 No person shall obstruct, hinder or interfere with the free access to any Municipal Consent by an employee, officer or agent of the Municipality. Section 6 -Emergency Situations 6.1 If the Manager of Public Works & Operations deems that an emergency exists or may exist as a result of any Municipal Consent being or about to become a source of danger to the health and safety of the public, the Manager of Public Works & Operations may: (a) notify in writing the owner of the utility requiring the repair, removal, filling in or closing up of the utility and restoration of the public lands to their former condition at the expense of the owner, so that the utility is no longer deemed to be a source of danger or potential danger to the public by the Manager of Public Works & Operations, and/or (b) take such measures on behalf of the owner, without notice to the owner, as the Manager of Public Works & Operations may deem necessary to remove the danger or potential danger created by the utility. 6.2 Where the notice in Section 6.1(a) of this By-law is not complied with within ninety-six (96) hours of the date of the notice, the Manager of Public Works & Operations may, on behalf of the owner remove, fill in or close up the utility and restore the public lands to their former condition at the expense of the owner. 3 Section 7 -Removal of Unauthorized Utility 7.1 Where the Municipality becomes aware of an unauthorized utility, the Manager of Public Works & Operations shall give notice in writing to the owner of the utility to forthwith remove, fill in or close up the utility and to restore the public lands to their former condition at the expense of the owner. 7.2 Where the notice in Section 7.1 of this By-law is not complied with within ninety-six (96) hours of the date of the notice, the Manager of Public Works & Operations shall, on behalf of the owner, remove, fill in or close up the unauthorized utility and restore the public lands to their former condition at the expense of the owner. 7.3 Any materials or structures forming part of or attached to the utility and removed by the Manager of Public Works & Operations shall, at the discretion of the Manager of Public Works & Operations, either be deposited at the owner's premises or be stored for a minimum of ninety-six (96) hours at the owner's expense. Any item so stored and not claimed by the owner within said minimum ninety-six (96) hour period shall be disposed of by the Municipality in such manner as it deems appropriate. Section 8 -Recovery of Expenses 8.1 All expenses incurred by the Municipality in connection with the enforcement of this By- law shall be paid within thirty (30) days of their billing date. 8.2 The Municipality may also recover all expenses owing under this By-law by a court action as a debt due to the Municipality. Section 9 -Infractions and Penalties 9.1 Every person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to pay a fine or penalty for each offence, exclusive of costs, as provided for in the Provincial Offences Act, R.S.O. 1990, c.P.33, as may be amended from time to time. Section 10 -Prohibition Order 10.1 When a person has been convicted of an offence under this By-law, (a) the Superior Court of Justice, or (b) any other court of competent jurisdiction, may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed toward the continuation or repetition of the offence. Section 11 -Administration 11.1 Unless otherwise indicated, the administration of this By-law is assigned by Council to the Manager of Public Works & Operations who may delegate the performance of his functions under this By-law from time to time as occasion requires. -1.2 In this By-law, unless the contrary intention is indicated, words used in the singular shall include the plural and words used in the male gender shall include the female gender or vice versa, where applicable. KI Section 12 — Severability 12.1 In the event any section or provision of this By-law is held invalid, the remainder of the By-law shall continue in force. 12.2 This By-law shall come into full force and effect on the date of its passing by Council. READ a FIRST, SECOND and THIRD TIME and finally passed this 201' day of August, 2015. AE -1-4 PAULENS MAYOR ` LYNDA MILLARD CLERK G BY-LAW 2015-092 Schedule `A' Municipal Consent Application Fee $50.00