THE CORPORATION OF THE
MUNICIPALITY OF MORRIS-TURNBERRY
BY-LAW NO. 18-2001
Being a by-law of the corporation of the Municipality of Morris-Turnberry to regulate the construction or alteration of any entranceways, private roads or access to a municipal road.
WHEREAS, it is deemed necessary and desirable to regulate the construction and alteration of entranceways, private roads on other facilities that permit access to municipal roads.
WHEREAS, Subsection 1 of Section 63 of the Public Transportation and Highway Improvement Act, RSO 1980, Chapter 421 and amendments thereto provides that a municipality may, with respect to the roads under its jurisdiction and control, by by-law prohibit or regulate the construction or alteration of any private road. entranceway, gate or other structure or facility that permits access to a road; and any change in use of any private road, entranceway, gate or other structure or facility that permits access to a road;
AND WHEREAS, Subsection 2 of Section 63 of the Public Transportation and Highway Improvement Act, RSO 1980, Chapter 421 and amendments thereto provides that a by-law passed for this purpose may provide for the issuance of a permit for any of the Acts that may be regulated under this section and may prescribe the form, terms and conditions of the permit and the fees to be paid for it, and may prescribe penalties for contravention of the by-law;
AND WHEREAS, The Council of the Corporation of the Municipality of Morris-Turnberry deems it expedient to control entranceways onto municipal roads and provide for the issuing of permits related thereto;
NOW THEREFORE, the Council of the Corporation of the Municipality of Morris-Turnberry enacts as follows:
1/ That in this By-law:
(a) "Council" shall mean the Council of the Corporation of the Municipality of Morris-Turnberry;
(b) "Municipal Road" shall mean all roads included in the Municipality of Morris-Turnberry road system.
2/ THAT no
person shall construct or alter or cause to be constructed or altered any
private road, gate, or any
other structure or facility that
permits access to any municipal road, unless such access has been approved by
an authorized officer as evidenced by
the issuance of an access permit.
3/ THAT no
person shall make or permit any change of use of any private road, entranceway,
gate of other
structure of facility that permits
access to any municipal road, unless such access has been approved by an
authorized officer as evidenced by
the issuance of an access permit.
4/ THAT an
access permit may be issued by the municipal Road Supervisor in accordance with
the standards,
policies and fees set out in Schedule
"B" of this By-law.
5/ THAT
any such access constructed, altered, or the use of which has been changes,
under the provisions of this
by-law shall conform to the standards
and principles set out in the policies in Schedule "B" of this by-law and
shall further comply with all terms
and conditions attached to any access permit issued hereunder.
6/ THAT
all costs associated with an access permit and construction of the entrance
access in accordance with the
terms of the permit will be the
responsibility of the applicant.
7/ THAT
the access permit be in the form set out in Schedule "A" attached hereto and
forming part of this by-law
and that the permit, where necessary,
shall include the terms and conditions for the construction of the said
entrance or access as required by the
authorized officer issuing the said permit.
8/
THAT every person who contravenes ant provision of this by-law shall upon
conviction be liable to payment of a
fine of at least $500.00 for a first
offence and $1000.00 for a second or succeeding offense, exclusive of costs
and every such penalty shall be
recoverable under the provisions of the Provincial Offences Act as amended
from time to time.
9/ THAT the Road Supervisor be authorized to remove any unauthorized access form the Road Allowance.
10/ THAT this by-law shall come into force and take effect upon the final passing thereof.
Read a first, second and third time and finally passed this 17th day of April, 2001.
SCHEDULE "B"
TO BY-LAW NO. 18-2001
MUNICIPALITY OF MORRIS-TURNBERRY
ENTRANCE POLICIES
The Municipal Roads Department shall consider the following criteria when reviewing all applications for new entrances or alterations to entrances:
(a) protection of the
public through the orderly control of traffic movements onto and from
Municipal roads.
(b) maintenance of the traffic carrying capacity of the
Municipal road network.
(c) protection of the public investment in Municipal road
facilities.
(d) minimizing Municipal expenditures on maintenance of
private entrance ways.
(e) providing legal access onto Municipal roads from adjacent
private property.
Definitions
Field Entrance:
provides access to agricultural fields.
Farm Entrance:
provides access to farm buildings and agricultural
lands.
Residential Entrance:
provides access to residential facilities of four units
or less.
Commercial/Industrial Entrance:
provides access to a development where goods are
manufactured or sold to the public and includes
residential facilities of five or more units.
Temporary Entrance:
provides access to properties for a limited period
not to exceed one year for the purpose of
construction, repairs of improvement on that
property to facilitate a staged development.
LOCATION OF ACCESSES
The Municipality may restrict the placement
of an access onto the Municipal road in the interest of public safety. New
accesses must be located so as to provide:
(a) no undue interference with the safe movement of public
traffic, pedestrians, or other
users of the highway.
(b) favourable vision, grade, and alignment conditions for all
traffic using the proposed
access to the Municipal road.
In general, new entrances will not be
permitted at the following locations:
(a) along a lane which is identified for the purpose of an
exclusive vehicular turning
movement.
(b) in close proximity to intersections.
(c) within daylight triangles at intersections.
(d) where the following minimum sight distance requirements
are not met.
Speed Limit
Minimum Sight Distances
50 km/hr
135 metres
60 km/hr
165 metres
70 km/hr
180 metres
80 km/hr
200 metres
90 km/hr
210 metres
Note:
Sight distance shall be measured from an eye height of 1.05 metres measured
3.0 metres from outer edge of the traffic lane to passenger car lights
designated
as 0.60 metres above the roadway surface.
Design Standards
Entrance Grade:
The finished surface of the access must drop away form the edge of
the highway driving surface at a slope of not less than 2% to at least the
edge of shoulder rounding.
Field Entrance:
Shall be surfaced with at least 150 mm (6") pit run gravel (Gran. "B"),
and where a culvert is required its length must be sufficient to provide a
1:1 slope up from the ditch invert to and entrance width of 6.0 metres.
Farm or
Shall be surface with at least 150 mm (6") crushed gravel (Gran "A"),
Residential
and where a culvert is required its length must be sufficient to provide
Entrance:
a 1:1 slope up from the ditch invert to an entrance width of 6.0 metres.
Commercial/
Shall be surfaced with hot-mix asphalt and where a culvert is required
Industrial
its length will be dictated by the entrance design which will be site
Entrance:
specific having regard for number and type of vehicles expected to
utilize the entrance.
Curbs and/or
No curb or headwall can extend above the surface of the roadway
Headwalls:
shoulder within the limits of the shoulder and its rounding. All curbs
and headwalls are constructed at the sole expense and risk of applicant.
Maintenance of
Property owners having access to a Municipal road are fully responsible
Entrances:
of the maintenance of the access including the removal of snow and ice
and keeping the portion of the access within the highway in a safe
condition for vehicular traffic.
A culvert installed under the terms of the access permit shall become
the property of the Municipality upon acceptance of the work and all
subsequent maintenance, repairs, alterations, etc. shall be the
responsibility of the Municipality except where the culvert crosses a
municipal drain in which case the maintenance will be the
responsibility of the Municipality with costs shared in accordance with
the By-law.
Curb and Gutter: Where
curb and gutter exists at the location of the proposed entrance,
the applicant will be required to construct a curb cut at the entrance
location if required. The existing curb shall be removed and replaced
using material acceptable to the Road Supervisor or altered in
accordance with the Road Supervisor's requirements. The area between
the curb and sidewalk is to be paved with hot-mix asphalt, concrete or
paving stones in accordance with the Road Supervisor's requirements. If
there is no sidewalk, the entrance is to be paved a distance of 2 metres
behind the curb.
Number and Width of Accesses:
(a) It will be the policy of the Municipal Roads
Department to limit the width of accesses to
discourage the construction of
entrances wider than that required for the safe and
reasonable use of the entrance.
(b) Limit the number of accesses to a property and in general conformity with the following:
residences
- one per property
farm buildings - one per
farm
farm entrances - minimum
one field entrance per farm with additional field
entrances where natural obstructions within the field
prevent reasonable access across the field.
commercial/
industrial entrances - two with a minimum spacing of 30 metres
between
entrances.
Refundable Deposit:
A refundable deposit in the amount of $300.00 shall be collected prior to issuance of the permit. This deposit shall be refunded to the applicant upon acceptance of the entrance by the Road Supervisor less any amounts expended to bring the entrance up to Municipal standards.
Permit Fee:
That a fee in the amount of $25.00 be collected prior to issuance of the permit.
Cancellation of Permit:
Where the entrance has not been constructed and accepted by the Municipality within one year of the date of the Permit, then the Permit shall be null and void.
SCHEDULE "A"
TO BY-LAW NO 18-2001
MUNICIPALITY OF MORRIS-TURNBERRY
ENTRANCE PERMIT
Authority is granted to
________________________________________________________ of
Owner/Applicant
_____________________________________________________________________________
Address
Postal Code
Telephone
to construct a ___________________________________________ entrance to serve
Lot _________ Concession __________ Municipality of
_______________________________ or
Lot _________ Registered Plan No __________ Town/Village/Hamlet of
___________________
on the __________________ side of Municipality of Morris-Turnberry Ward
____________.
Requirements for the
Entrance:
Top
Width ________ m
Surface Type __________
Length of
Pipe _____ m
Diameter of Pipe _______ m
Special Conditions:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
Fee Paid: $____________
Refundable Deposit: $________________
_____________________
per__________________________________
Date
Road Supervisor
Municipality of Morris-Turnberry
FOR MUNICIPAL USE ONLY
CHECK: Is
the visibility adequate in each direction?
________ Yes or List Problems.
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Requirements for Pipe:
- Top width required on Entrance
___________m
- Length of Pipe _______________m
- Diameter of Pipe
_______________________mm
- No. of Couplers ______________
Reason for New Access:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
- Installation by:
_________ Municipality
_________ Owner
Data completed by: _________________________________
_________________________________________________________________________________________________
FOR OFFICE USE ONLY
Comments re Policy:
_________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Policy Reviewed By: ______________________
Decision of Road Supervisor:
______ approved
Date _____________
______ not approved
Applicant Advised: ______________
Deposit: __________________
Cost Calculation: _______________
Fee: $25.00
Cheques to be made payable to "Treasurer Municipality of Morris-Turnberry"
MUNICIPALITY OF MORRIS-TURNBERRY
APPLICATION FOR A NEW ENTRANCE
DATE:______________
NAME OF APPLICANT:_________________________________________________________
MAILING ADDRESS:
TELEPHONE:
_________________________________
Res: ____________________
_________________________________
Bus: ____________________
_________________________________
Location of proposed Entrance:
__________________________________________________
_________ side of Municipality of Morris-Turnberry ________________ at Lot
____________
in the Village of _____________________.
Sketch of Area:
Sketch to include:
- approximate total length of frontage (also show buildings).
- any other entrances to property.
- distances between existing and proposed entrances including any nearby
entrances on other properties.
- other features: i.e. intersections, curves, etc.
© Municipality of Morris-Turnberry