2007/04/02
'"
.
Fourth MEETING
Monday, April 2, 2007
From 5:30 p.m. to 6:45 p.m.
City Hall, Committee Room #2A & B
1) Approval of the March 19, 2007 Community Services Minutes.
2) DEPUTATION:
a) MW-2007-34 - Road Occupancy Permit
Speaker: Ken Feren of Feren Signs
3) REPORTS: STAFF CONTACT:
a) BBS-2007-04 Pattision Outdoor Advertising - Sign
By-law Variance - 5772 Stanley Avenue Ed Dujlovic
4) NEW BUSINESS:
5) ADJOURNMENT:
r,II'.iII1l1....il"llll'jl'JlI111fllil~
a) Resolutton to go into Closed Meeting.
-
.
MINUTES OF COMMUNITY SERVICES COMMITTEE MEETING
Monday, March 19, 2007, City Hall, Room 2 at 4:00 p.m.
PRESENT: Chair - Councillor Carolynn Ioannoni, Mayor Ted Salci, Councillor Jim
Diodati, Councillor Victor Pietrangelo, Councillor Bart Maves, Councillor
Vince Kerrio, Councillor Wayne Thomson, Councillor Janice Wing,
Councillor Shirley Fisher.
STAFF: John MacDonald, Ed Dujlovic, Karen Kelly, Lee Smith, Denyse Morrissey,
Ken Burden, Dean Iorfida, Trent Dark, Karl Dren" Serge Felicetti, Marianne
Tikky- Secretary
GUESTS: Gary Cirillo - 5208 Valley View Cres., Doris Adams - 6069 Keith St., Jill
Sutherland - 6049 Keith Street, Caroline Reid - 6060 Keith Street, John
Adams - 6607 Harper Dr., Doug Goodman - 6610 Harper Drive, Carson
Shulist - 5207 Valley View Cres., Mike Wood - 5228 Valley View Cres., Ed
Lustig - NCCC, Victoria Cardill- 6511 Harper Dr., Dragon Matovic - NCCC,
Mike Biselic - 6473 Harper Dr., Victoria Masic - 5233 Marcel Cres.,
PRESS: Rob Lapensee, Niagara This Week; Corey Larocque, Niagara Falls Review
MINUTES
It was ORDERED on the motion of Councillor Fisher, seconded by Councillor Maves, that the
February 19, 2007 minutes be approved.
Motion: Carried
Action: Recommendation submitted to Council 2007-03-19.
PRESENTATION
a) Niagara Convention & Civic Centre
It was ORDERED on the motion of Councillor Diodati and seconded by Mayor Sa1ci that the City
of Niagara Falls supports the efforts taken to date for the Niagara Convention Centre & Civic Centre
and the continuation ofthe process.
Motion: Carried
Action; Recommendation submitted to Council 2007-03-19.
REPORTS
a) MW-2007-07 - Valley Way Parking Review
Mr. Gary Cirillo of 5208 Valley View Crescent and Mr. Doug Goodman of661O Harper Drive
advised Committee that the narrowness of Valley Way combined with the curvature of the road
and vehicles parked along both sides of the road make for a very dangerous situation. With the
final development of the area Valley Way has become a through street for people living on
Valley View Crescent, Harper Drive and Marcel Crescent to access Drummond Road. As
visibility is poor due to the conditions mentioned and becomes worse during the winter months
.
Community Services Committee -2- March 19. 2007
both residents would like to see no parking on both sides of Valley Way for safety reasons.
Mrs. Freda Jennings of 6320 Valley Way advised Committee that the apartment building where
she resides does not have additional visitor parking and guests and health care providers must
park on the street when visiting residents in her building. Mrs. Jennings further stated that the
parking was not a problem but the speed in which vehicles travel down the street is excessive.
Mrs. Jennings felt that if the parking was restricted in front of her building it would just force
visitors to park on Valley View Crescent. Mrs. Jennings would also like staff to investigate the
left in turning movement of 5257 Valley Way (apartment building closest to Drummond Road)
as it is a accident waiting to happen.
It was ORDERED on the motion of Councillor Kerrio and seconded by Councillor Wing that,
1) That a parking restriction be installed on the south side of Valley Way between the
eastern side of Valley View Crescent and Bellevue Street.
2) That the existing comer parking restriction at the intersection of V alley Way and
Drummond Road, on the south side, be changed to a no stopping comer restriction and
extended to encompass 60 metres to the west.
3) That a no stopping comer restriction be installed on the north side of Valley Way at
Drummond Road encompassing 60 metres to the west ofthe intersection.
4) That staff investigate the operation of the driveway entrance at 5257 Valley Way.
Motion: Carried
Action: Recommendation submitted to Council 2007-03-19.
b) MW-2007-14 - Keith Street Parking Review
Miss Jill Sutherland of 6049 Keith Street advised Committee that her and her sister who resides
at 6060 Keith Street would like the permit parking restriction removed from Keith Street. This
restriction was implemented while the Sports Complex was under construction as construction is
completed there is no need for permit parking. Miss Sutherland submitted a survey she
conducted which included the 18 homes affected by the parking restriction, the results are as
follows;
8 - remove parking restrictions
1 - modify to one side restricted only
2 - keep the parking restrictions
1 - home unoccupied
6 - no comments (could not be reached)
Committee agreed with that if the residents no longer wanted the restriction then it would be
removed.
It was ORDERED on the motion of Mayor Salci and seconded by Councillor Wing that the
permit parking on Keith Street be removed west of Sinnicks A venue and that parking be
restricted on both side of Keith Street 30 metres west ofSinnicks Avenue.
Community Services Committee -3- March 19,2007
Motion: Carried
Action: Recommendation submitted to Council 2007-03-19.
NEW BUSINESS
a) COuncillor Thomson questioned staff on the Animal Control tender that recently closed.
A local contractor submitted a bid and has not been contracted by the City as to whether
his bid was accepted or not. The CAO advised Committee that staff would be bringing a
report to Council within the next month addressing Animal Control.
ADJOURNMENT
It was ORDERED on the motion of Councillor Thomson, seconded by Councillor Maves the
regular meeting of the Community Services Committee be adjourned at 5 :36 p.m.
April 2, 2007 MW-2007-34
-?/Zit
Niagal~aFfflln~
Councillor Carolynn 10annoni,Chair
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: MW-2007-34
Road Occupancy Permit
RECOMMENDATION:
That the report be received for the information of Council.
BACKGROUND:
Concerns have been raised by Ken Feren of FerenSigns (see attached emails)with
respect to the City's Road Occupancy Permit and in particular the need for sign
companies to obtain a permit for the servicing of signs. It should be noted that Mr.
Feren has since made an application for the yearly permit.
Attached is a copy of report MW-2002-08 that was passed by Council on April 15, 2002
with respect to policies and procedures for road occupancy permits. In conjunction with
the policies and procedures by-laws 2002-064 and 2002-065, also attached, were
passed that evening. Although the focus of the report presented to Council on the
matterwaswith respect to ensuring proper restoration of road cuts the purpose ofthe
road occupancy permit was also to regulate contractors for work to be undertaken on
City property as well as those accessing the City's right-of-way and park lands for
encroachments needed, to carry out work,onCity sidewalksand/or roadways.
In this regard I draw Council's attention to by-law 2002-065 and in particular clause
2.1.b where it states, "no person shall commence construction or repair of any work
over, on, under or adjacent to any City highway which is likely to require the temporary
closing, obstruction or encumbering of part or all of such hiQhways."
The by-law empowers City staff to take appropriate elction to deal with matters as
shown in the attached pictures. As per section (4)" "... during the course of the work,
a) maintain a reasonable safe alternate route for vehicle and
pedestrian traffic.
b) aintain reasonable local access routes for all
ners or occupants whose access will be.aff.ected_b)dbe_________
!
i
I
] Community Services Department
Municipal Works
April 2, 2007 - 2- MW-2007-34
purposed works.
c) supply erect and maintain at his own expense all barricades, signs,
covers, lights, flag man and other safety warning devices as may
be required by the Director to protect the vehicular and pedestrian
traffic.
d) provide and maintain pedestrian traffic routes which are separated
from vehicle or traffic and the project site in a manner satisfactory
to the Director."
The by-law and the associated permit also protects the City from a liability perspective.
Permit holders are required to hold proper insurance in an amount satisfactory to the
City and such insurance will also name the City as a coinsured in the event that legal
action is taken as a result of work carried out.
With respect to the fee that is charged, initially the occupancy permit was established
such that a permit was required for each instance ata cost of $50.00. Concerns were
raised by a number of sign companies in this regard andas a result a yearly permit
option was established with a fee set at $300.00. The yearly permit requires the
companies to notify the City when they will be working in an area that will have an
impact on City property.
The fee was established as a result of input from the sign industry. Repeated attempts
were made by City staff to meet with Mr. Feren to solicit his input on this matter.
Unfortunately, Mr. Ferendid not attend the various meetings that were scheduled.
Currently, three sign firms other than Mr. Feren's take out yearly permits without any
. further concerns expressed.
In conclusion the Road Occupancy Permit and associated by-laws were established to
provide City staff the tools necessary to ensure work that was carried out on City
property is done in a safe manner, that the City is protected with proper insurance and
that any damage to City property is properly restored.
/f
./"..----
(' I
'7 -~\
Recommended by: z:. - I\. ...----.-
. ovic, P.Eng., Directorof Municipa Yorks
Respectfully submitted:
S:\REPORTS\2007 Reports\MW-20Q7-34- Road Occupancy Permit.wpd
Page 1 of1
Ed Dujlovic - Fwd: Re: Annual Sign Maintenance Permit
From: Brad Simpson
To: Ed Dujlovic; Tom Kuchyt
Date: 3/12/2007 11 :30 AM
Subject: Fwd: Re: Annual Sign Maintenance Permit
Attachments: Re: Annual Sign Maintenance Permit
Brad,
Further to your e-mail, of Monday, March 5, 2007, A meeting has been scheduled to
take place with Ed Duijlovic, John McDonald, Wayne Thomson, and myself (Ken Feren) to
discuss this matter. Until then, councilor Wayne Thomson has instructed me to carryon
with my work as needed, or until we get this matter resolved. Just for your information,
we have contacted every municipality in the Niagara Region and none of the communities
including the Niagara Region has any cost or requires any faxes sent to them as to
where we are working. The only one that requires a road occupancy permit was St.
Catharines and it was FREE. As you know we have discussed this between ourselves
several times. I think it is unfair and bias on the part of the City of Niagara Falls to
charge for servicing signs.
Sincerely,
Ken Feren
----- Original Message ---
From: Brad Simpson
To: brenda@ferensians.com
Cc: Ed Duilovic ; Tom Kuchvt
Sent: Monday, March 05, 2007 1 :04 PM
Subject: Annual Sign Maintenance Permit
Hi Ken:
Today your crew was observed occupying the city sidewalk to carry out sign maintenance on Victoria Ave
south of Center St. In January of this year you received a reminder letter from myself and the
necessary application form to carry out sign maintenance work. To date we have yet to receive and
application from you.
Please be advised that this work is not allowed without a permit and I have been instructed to have By-Law
enforcement press charges as required in the future.
If you have any questions, please call.
Brad Simpson
356-7521
ext. 6207
file://C:\Documents and Settings\ed220\Local Settings\Temp\XPgrpwise\45F539D5Domai... 3/22/2007
Page 1 of2
Ed Dujlovic - Re: Road Occupancy Permit
From: "Brenda" <brenda@ferensigns.com>
To: "Ed Dujlovic" <edujlovic@niagarafalls.ca>
Date: 3/16/2007 12:26 PM
Subject: Re: Road Occupancy Permit
CC: <tkuchyt@niagarafalls.ca>, <wthomson@niagarafalls.ca>, < bSimpson@niagarafalls.ca> ,
<jmacdonald@niagarafalls.ca>
,
In regards to your recent e-mail, dated March 16, 2007, I feel that this by-law is not
appropriate to the City of Niagara Falls, and I will not be applying for a permit as you
requested. In regards to the above matter, I am now going to take it before City
Council. Your attitude in this manner is completely inappropriate and so is Mr.
Simpson's. As a former Alderman, I am quite surprised that you find it necessary to
send me an e-mail instead of phoning me. Just so you know, there is no other
Municipality, even the Region that requires a $300.00 administration fee, just so one
can have a job. I will be requesting to be'put on the agenda as soon as possible to
address this matter.
Ken Feren
---- Original Message ----
From: Ed Duilovic
To: brenda@ferensions.com
Cc: Brad Simpson; John MacDonald; Tom Kuchvt ; Wavne Thomson
Sent: Friday, March 16, 200711:09AM
Subject: Road Occupancy Permit
Ken,
In response to your e-mail of March 12, 2007 to Brad Simpson regarding the above please be advised that no
meeting has been scheduled as yet to deal with the matter. As you may recall there have been
meetings/discussions in the past with yourself, John MacDonald and I regarding this issue and as I understood
it you agreed to apply for a yearly permit.
The need for a road occupancy permit was established under By-law 2002-65 that was passed by Council on
April 12th, 2002. As such no individual member of Council be it the Mayor or a Councillor has the authority to
instruct individuals to proceed in violation of the By-law.
Accordingly, you are requested to submit the necessary application and associated fees for either a yearly
permit or on a case by case basis. Failure to do so will result in appropriate action being taken by staff if your
company is in violation of the By-law.
Your co-operation regarding this matter will be appreciated.
Regards,
file://C:\Documents and Settings\ed220\Local Settings\Temp\XPgrpwise\45FA8CEODoma... 3/22/2007
Community Services Department
Municipal Works Ed Dujiovic, P. Eng,
4310 Queen Street Director
P.O. Box 1023
Niagara Falls, ON 12E 6X5 MW-2002..Q8
web site: www.cily.niegarafalls.on.ca
Tel: (905) 356.7521
Fax: (905) 356-2354
E-mail: darrells@cily.niagarafalls.on.ca
pril15,2002
His Worship Mayor Wayne Thompson
. and Members of the Municipal Council The recommendalion(s}
City of Niagara Falls, Ontario contained in this report were
adopted by City Council
Members:
Re: MW-2002-08
Poli~ and Procedures for Road Oe upan~ Permits
RECOMMENDATION:
It is recommended that the City of Niagara Falls adopt the P licy and Procedures for Road
Occupancy Permits and pass the associated Access By-law d Obstruction By-law.
BACKGROUND:
The purpose of the Road Occupancy Policy is to regulate co tractors who apply to.the City for
works to be undertaken on City property, and to restore the s te to acceptable City standards upon
completion of work.
At present, the Municipal Consent Policy deals with Utiliti and their contractors within the
municipal road allowance, however, there is no policy whic deals with private contractors. As
such, depending on the contractor, the road cut may not be instated to City Standards. When
this occurs it becomes a long term maintenance cost, it gene ates numerous resident complaints
and it reduces the effective life of the road,
The objective of the Road Occupancy Policy is to ensure tha a uniform and acceptable quality of
construction is achieved on restoration of road cuts, A consi ent and equitable system can
ensure that all projects are processed and undertaken in a si '1ar manner, yielding similar and
acceptable restoration.
PROCESSING
The application for a road Occupancy Permit will be process d by the Engineering Section of
Municipal Works. It is the intention of staff to process the a plications within five working days
depending on the number of applications received. The folIo . is a brief summary of the
permit process:
Working Together to Serve Our
Municipal Worlcs . Fire Services . Parks, Recreation . Business Development
2002-04-15 2 MW2002-08
. Application forms will be available at the Service Centre, Building Counter and
Engineering Counter. This ensures that the public and private contractors will be able to
complete the application fonn in association with any other application for permits, ie
building permits.
. The completed forms are forwarded to the Manager of Construction for processing. The
Manager of Construction will coordinate the processing of the fonns with the Parking and
Traffic Section, the Building Section and Parks and Recreation as required. The required
security deposit is calculated.
. Once the permit is issued, the private contractor has two weeks to commence the work.
Unless an extension is requested and approved, if the work has not commenced within
two weeks, the permit is null and void.
. The contractor is responsible for contacting the City when the works commence. The
Manager of Construction will arrange for inspection. If the contractor does not contact the
City upon commencement, the Manager of Construction may cash the security deposit or
extend the maintenance period to ensure that the road cut is properly restored.
. Upon completion of the work, the contractor notifies the City by returning the permit and
requesting a fmal inspection.
. Any deficiencies must be repaired by the contractor. If the contractor refuses to repair
deficiencies, than the security deposit is cashed and the work is done by the City.
. Once the maintenance period is complete, the security deposit (less any portion used for
repairs) is returned.
Council's concurrence with the recommendation made would be appreciated.
--------- ]t""~-.by.
Darrell E. S . P.Eng., If John MacDonald,
Manager of Engineering Services Chief Administrative Officer
[co;A;:.
Ed Duj10vic, P. Eng.,
Director of Municipal Works
S:\REPORTS\2002.llaports\JdW~:z002-08 Road (kwpeney.WfId
t
The Corporation of the City of Niagara Falls
Policy and Procedures {or
Reviewiug and Authorizing
Road Occupancy Permits
April, 2002
Table of Contents
Page
1.0 INTRODUCTION
l.l Introduction .................................................... -2-
2.0 ROAD OCCUPANCY PROCESS AND PROCEDURES
2.1 Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. -2-
2.2 Processing ,...................,................................ ~2~
2.3 Commencement of Work . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. -3-
2.4 City Inspections ................................................. -3-
2.5 Restoration. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,. -3-
2.6 Completion of Works ... ... . .. .... .. . '" .. .. .. ... .. ... .. . .. ... .... -3-
3.0 FEES
3.1 Fees .......................................................... -4-
APPENDICES
A Road Occupancy Permit
B Permit Conditions
(Reverse of Road Occupancy Pennit)
C Access By-law
D Obstruction By-law
.
Policy and Procedures for -2- January 21,2001
Road Occupancy Permits
1.0 INTRODUCTION
1.1 Introduction
The purpose ofthe Road Occupancy Policy is to regulate contractors who apply to the City for works
to be undertaken on City property, and to restore the site to acceptable City standards upon
completion of work.
The objective of the Road Occupancy Policy is to reduce road maintenance costs by means of long
term performance of road cut repairs. The CityofNiagara Falls is the authority responsible for the
drainage, maintenance, and traffic serviceability of City streets, according it has developed this
policy & procedure to ensure that a uniform and acceptable quality of construction is achieved on
restoration of road cuts. A consistent and equitable system can ensuretbat all projects are processed
and undertaken ina similar manner, yielding similar and acceptable restoration.
2.0 ROAD OCCUPANCY PROCESS AND PROCEDURES
The procedures for road occupancy permits outlined below will ensure a consistent approach to the
application, authorization and review of works undertaken on a City right-of-way.
2.1 Application
The applicant is required to fill out the road occupancy permit form (refer to Figure 1: Road
Occupancy Permit) providing details oflocation, purpose of work anti dimensions of cut for utility
cuts. For access across City right-of-way, the applicant is to providedetailsofwork to be performed
as well as proposed access across park lands and encroachments on sidewalks and/or roadways. The
application, along with sufficient Public Liability Insurance, is to be forwarded tothe Permits Clerk
of the Municipal Works Department at least two working days prior to the commencement of work,
or in the case ofa complete road closure, five working days. The applicant, at the time of submitting
the application, must submit a deposit for works to be carried out. The amount of deposit and fee
required is outlined in Schedule "A" of Access By-law No. 2002-064
In addition to the road occupancy permit, the applicant must obtain and submit, if applicable, a
building permit, sewer permit, parking meter permit andloranyother permit that would require
approval by the City, utility companies or other government agencies prior to works being carried
out. In addition, the contractor must prepare and submit atraffic control plan ill accordance with
Ministry of Transportation Guidelines. A copy of this plan must be kept on site at all times.
2.2 Processing
The permit shall be processed by the Engineering Section of Municipal Works, with input from
other sections and departments as required. The road occupancy permit is subject to all conditions
specified in the Access Byelaw 2002-064 Obstruction Byelaw 2002-065 and any special provisions
as specified on the face of the permit or in writing by the Director of Municipal Works or his
designate.
The permit holder is responsible for contactingallutility companies listed on the reverse ,side ofthe
Policy and Procedures for -3- January 21,2001
Road Occupancy Permits
road occupancy permit at least 48 hours prior to commencing works. The permit holder is also
responsible for contacting emergency services, Niagara Transit and the City's Traffic and Parking
Services Section iftemporary road closure is req\lired,
2.3 Commencement of Work
If work has not commenced within two (2) weeks of the issuance of the permit, the permit will be
considered null and void and the applicant will have to re-apply for a new permit.
2.4 City Inspections
The Engineering Section shall perform inspections during the period work is in progress by the
contractor. Field notes from the inspection are recorded, noting the date of the inspection and
general observations. Any deviations from the requirements of the permit are subject to immediate
stoppage of work, until the requirements have been met. A copy ofthe permit must be available on
the wbrk site at all times. Failure of the contractor to produce an approved permit at the time of
inspection may resultin termination of all works.
2.5 Restoration
The permit holder is required .to restore the site (road, shoulder, curbs, sidewalks, boulevards,
parkland, etc.) to specifications sllPplied by the City's Municipal Works Department. The applicant
is req uired to complete restoration, in accordance with the time limits described on the permit, upon
substantial completion of the project.
If the permit holder is unable to complete the work by the completion date indicated on the permit,
the permit holder must apply to the Director of Municipal Worb or his designate for an extension
at least two (2) working days prior to the completion date.
Refer to Figure 2 forrestoration specifications for roads, sidewalks, trenches, boulevards, curbs, trees
and grass.
2.6 Completion of Works
Upon completion of all works, the permit holder must return the permit to the Municipal Works
Department after completing the bottom section ofthe permit. Staff conducts a final inspection to
ensure compliance of restoration works according to City specifications.
If the work is not completed to the satisfaction of the City, the contractor will be contacted to carry
out remedial repairs or the City may carry out remedial work at the applicant's expense.
Reimbursement of works carried out by the City will be obtained from the deposit or through other
means (certified cheque, municipal taxes, court action if necessary) should the amount of the deposit
be less than the cost of the works performed. Similarly, any other works carried out by the City
relative to the contractor's construction either before, during and after construction works will be
subject to reimbursement. These include, but are not limited to the removal of parking meters,
installation of construction signing and temporary removal or relocation of signs.
Policy and Procedures for January 21, 2001
Road Occupancy Permits
All restoration work completed under the permit shall be guaranteed (against faulty materials and
workmanship) for a twelve (12) month period after the date of completion. A security reduction in
the amount of five percent (5%) ofthe value of the work completed shall be held back by the City
until the expiration of the guarantee period. All deficiencies in the work arising prior to the
expiration of the guarantee period will be rectified to the written satisfaction of the Director of
Municipal Works. Furthermore, the contractor's guarantee shall extend for works occurring within
the guarantee period.
The City will retainthe remaining deposit until the end of the twelve (12) month guarantee for road
cut WOrks. Similarly, final acceptance for sod will be a minimum of30 days after installation. For
trees/shmbs, the final acceptance will be a minimum of one year after planting.
3.0 FEES & DEPOSITS
See Schedule "A" of Access By-Law 2002c064 for fee structure
.
Appendix 'A'
Road Occnpancy Permit
"~ City a/Niagara Falls Application - Road Occupancy Permit
NI<>\l<J''',- Municipal Works Department
4310 Queen Street & Access Permit
Niagara Falls ONL2E 6X5
Tel: (905) 356-7521 Permit No.:
Fax: (905) 356-2354
APPLICANT - - -- - --
Company Name: - -- Contact Person:
Mailing Address: .. -
OWher's Name:
Office Telephone No.: ( ) Cellular Telephone No.:
Fax Number: ( ) - - -
-- "C
WORK AND LOCATION DETAILS 0 Road Cut 0 Access
Purpose of Work: -- Road Surface type:
-- -
Location(s): - - --- --- Estimated Size of Cut
- Lenoth Width Deoth Area
Anticipated Start Date: Road:
Anticipated Completion Date: Curb: --
Anticipated Working Hours: - Sidewalk: -- - -
RoadClo~ure Required: 0 Ye~ o No Boulevard: -
DatefTime~ for Road Clo~ure: - - Culvert: - Dia ---
- Other:
- - - - - -- -
DIAGRAM OF THE WORK AREA : - iI
, ,
, II
,
- ,
- --- , jl
Comments/Descriotfon: - ~-P.L.
- J7 'ell ~
..
- - - -
-- l::, LlI b jl
,----- - - ,
-- , , 0
, ,
, ,
, ,
, Detour Plan must ,
, , North
- , aCCQmpal:lY permit , IJWe the undersigned hove read and understood!t1e information provided and agreefo abide by all condltlons listed on the reverse side Of this permit. All in
accordance with By-law H._I<*cnd ~* .H,
Applicant'~
Signature: Date:
. - , '
C''''.' .;;,;.-\~:j-~. " :
>",." .
~_I~lftl~li;'lfi~J~,iZ;='~ltYl!:'i ... . i
,;..~_,.",~,,;.%~~;;~j~?{;~:;~:fS~:..:~:.'.:._.:-._;;:'.~~.'~~)+;~.,.~.~~~. .::.-':L'/:'-?:':;'::;~':.:':~:';~h_~ .;..~~~:~..:~;~~...:;,._. ~;....j
Upon completion of permanent restoration, thi~ section is to completed and this permit returned to the City
of Niagara Fall~ Municipal Work~ Department at the addre~~ indicated above.
Dates of re~toration: Start: Fini~h:
Name of Applicant: Signature:
Road OccupaucyPermits
Fees
Administration Fee
$50.00
Crossing of Curbings, Sidewalks, Boulevards
$25.00Ilinearmetre
Parkland Crossings
(i) $2.50 for each square metre of turf area to be crossed;
(ii) $25.00 for each square metre of asphalt park walkway to be crossed;
(iii) $220.00 where the crossing necessitates the removal of part of any fence;
(iv) $120.00 where a curb has to be crossed;
(v) $140.00 where a sidewalk has to be crossed; and
(vi) where the crossing may disturb trees or shnlbs,an amount to be determined by the
Director which represents the replacement cost of any tree or shrub which might
be damaged.
Deposits for Right of Way Works
(i) $100.00 for each square metre of road to be excavated;
(iii) $65.00 for each liner metre of concrete curb and/or gutter to be excavated;
(iv) $50.00 for each square metre of concrete sidewalk to be excavated;
(v) $40.00 for eachsquare metre of asphalt sidewalk to be excavated;
(vi) $10.00 for each square metre of grass, gravel or asphalt boulevard to be excavated;
and
(vii) $ moo for each square metre of land to be excavated between the sidewalk and the
property line, or the land between the edge of roadway andthe edge of cut furthest
from the roadway if a sidewalk does not exist.
Appendix 'B'
Permit Conditions
(Reverse of Road Occupancy Permit)
CITY OF NIAGARA FALLS
MUNICIPAL WORKS DEPARTMENT
This application mustbedelivered to the City of Niagara. Falls Municipal Works Department two working-dayspriorto
commencing work and five working days prior to a complete road closure.
l. ROAD OCCUPANCY OR ROAD CUT INFORMATION
a. The permit holder agrees to indemnify-and save harmless The Corporation of the City of Niagara Falls from all
claims and/or actions that may arise from the issuancc'ofthis permit, and further agrees. that all required works
within- the limits of the road allowances:wiU be guaranteed fOf a period of 1.2 months; from the date of completion of
final restoration.
b. The pennitholder agrees to notify the following at least 48- hours prior to commencing works:
City of Niagara Falls- Municipal Works .........,....... ..,...... 356-7521
Region ofNiagarac Water. Sanitary and Traflk Cables .......,.... 685-1571
Niagara FallsHydra ......,.................................. 356-2681
Ontario Hydro . . . ...... . ... . . ... . . .. . .. . . ... . .... .... .. .. .. 357-0322
Traffic ContralCables. M,T,O. ......................,... (416)643-1232
Enbridge Consumers Gas . .. .. .... ... ... ... .. . .... . . .. . .,. ... 641-4841
Bell Canada ............................................... 310-2355
Cogeeo TV ................................................ 374-5571
Canadian Niagara Power Co. Ltd. .............................. 871-0330
AND FOR ROAD CLOSURES
Niagara Regional Police .. ... . . . .. . ... ... . . .. .. .... ..... ... .. 688-411 I
Niagara Transit . . . . , . . .. . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . .. . .. 356-1179
Ambulance.Services ........................................ 358-0171
City of Niagara Falls - Traffic and Parking Services . . . . . . . . . . .. . .. 356-7521
Niagara Falls Fire Department . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. 356.1321
Niagara Parks Police ................... ..................... 356-1338
c. The-pcrlilit holder agrees, to accept and indemnify-TheCorporationofthe City of Niagara Falls for all costs included in making
temporary and permanent repairs to the approval cut, including any and all periodic site inspections by the permit holder, required
to-ensure a safe condition- and any subsequent -maintenance work required during the 12 month warranty period;
d. The permit holder agrees, unless otherwisespecitied on the face of this permit; to backfill, the authorized cut with Granular 'A'
material thoroughly compacted in 12" (300rnm)-layers to roadways, driveways, shoulders and sidewalks, plus 2"-(50mm) of Cold
Mix to roadways immedhitely on completing hackfilling operations, remainder of right of way and/or easement to existing
conditions.
NOTE: I. Contractor musl also perform finalpaving using a minimum 01'2" (50mm) HL8HS and I" (25mm) HL3HS Asphalt.
placed and compacted in 2 layers 10 100% S.P.D. (Standard Proctor Density). or to existing depth of asphalt. Edges
of road cuts to be milled down minimum I" (25mm) and 12" (300mm) back from edges.
2. Contractors must reinstate sidewalks, curband/or gutter, exposed concrete roads and other-surfaces in accordance
with current City standards and specifications. Positive drainage shall be mainta"irled during the course of
operations:-
e. The permit holder shallsupply,erect and maintain all barricades, signs, signa(s~ flag men, delineation hazard markers,traffic
control devices, detour signing and other safety warning devices in accordance with the _Ministry of Transportation Manual for:
Roadway WorkOperations. Field Edition and the Manual of Uniform Traffic Control Devices ofOntaiio for the duration of the
work.
f. The permit holder shall maintain access to all public and private properties for the duration of the work, unless otherwise specified
on the face of this pemlit.
g. The roadway is to be opened for two-way traffic after construction hours.
h. A copy of this permitmllst be available on the job site at all times, during actual construction or reinstatement.
i. This-road occupancy permit is issued pursuant to the latest Access By-law No. ??-?? and Obstruction By~lawNo.??~?'?
j. The requirements of the road occupancy pennitpertaining to any aspect of this permit shall be to the satisfaction of the Director of
Municipal Works or his designate, otherwise the job site will be closed until those requirements have been met.
k. Any altel1,l.tions to this permit must be authorized by the Directorof Municipal Works or his designate prior to such changes taking
place.
I. The return of this pemlit to the City.of-Niagara Falls Municipal Works -Department is notification of completion of work -and
restoration afsite.
2. ACCESS ACROSS CITY PROPERTY INFORMATION
Upon authorization it is ()greed that:
a. AcceSs only be made at the- point(s) .indicated on this permit.
b. Parkland:must.not be crossed when wet, or if precipitation has-occurred in previous-24 hours.
c. The applicant willindemnifyand save harmless the City from alIliabilities,damages,:costs, claims, suits or actions arising out of
any breach or non.perfonnance of any covenant herein- contained on the part of the permit holder, and any damage to the property
howsoever occasiortedby the Use and occupation of the property by the pennit-holder or anypersoli or persons inclllding death,
resulting at any time therefrom, occurring on or about the property or any part thereof or resulting from the use of the property
during the tenn of the permit. for any purpose whatever.
d. Any such damage occurring during the time of the permit, shall berep-orted to the Municipal Works Department forthwith.
e. Pennits are valid,for the location~ date and time specified only, and-rnay-not-be changed or altered unless approvaf is obtained-from
the Municipal Works Department.
f. The Municipal Works 'Department reserves the right to cancel permits wherever and whe_never,it is deemed ne_cessary.
g. Thispennit is valid only aftcrprc.construction inspection has been made.
h. Restoration of the site shall be completed within ten (10) days of the substantial completion of the project.
i. Refund of security deposit by the City will be within thirty (JO) days of the final acceptance of the whole restoration, or expiration
of the warranty period, whichever occurs last.
j. Final acceptanc_c for sod shall be aminimum of thirty (30)days after installation.
k. Final acceptanc_e of trees and shrubs will be a minimum of l year from the date of successful planting and replanting.
1. The City reserves the right to require the permit holder to provide proof of insurance coverage to the torm and satisfaction of the
City.
Appendix 'c'
Access By-law By-law **-**
I
BY-LAW
Number 2002-064
To prohibit the obstructing,
encumbering or fouling of highways
and to regulate the crossing of
curbings, sidewalks, boulevards and
parkland
WHEREAS pursuant to subsection 314 (1) of the Municipal Act, RS.O. 1990, c.MA5, as
amended, a mnnicipal council may pass by-laws for prohibiting or regulating the obstructing,
encumbering, injuring or fouling of highways or bridges;
NOW THEREFORE the Council of The Corporation of the City of Niagara Falls ENACTS as
follows:
DEFINITIONS
1. In this by-law:
(a) "construction" means anything done in the erection, installation, extension or
material alteration, demolition or repair of a building or structure and the
associated works, and includes the installation of building units fabricated or
moved from elsewhere and the installation of swimming pools;
(b) "City" means The Corporation of the City of Niagara Falls;
(c) "Director" me~ the Director of Municipal Works for The Corporation of the
City of Niagara Falls, or a person designated by him;
(d) "highway" has the same meaning as in the Hil!hwavTraffic Act RS,O. 1990,
c.H.4, as amended;
(e) "parkland" is as defined in By-law 71-57, as amended; and
(f) "person" includes a corporation and its successors and assigns and any reference
to the masculine gender in this by-law shall also be deemed to include the
feminine.
OBSTRUCTION OF HIGHWAYS. DITCHES AND CULVERTS
2. (1) No person shall obstruct or foul any highway or bridge under the jurisdiction of
the City by any means whatsoever.
(2) Without limiting the generality of subsection (1), the obstruction or fouling of a
highway or bridge includes:
(a) the building or maintaining of a fence on a highway;
(b) the depositing of snow or ice on a highway; and/or
(c) the depositing of large refuse containers or bulk containers on a highways.
3. No person shall obstruct a ditch or culvert which is upon a City highway..
4. No person shall throw, place, deposit or permit to be blown or escape from premises
occupied by him, hand-bills, garbage, rubbish, the carcass of any animal, or any other
refuse or waste material or material dropped from a newspaper, on any highway in the
City.
5. Any person employing or using trucks, graders or loaders or other vehicles in making
excavations for construction purposes, or in conveying earth, rubbish or other material
from sucl1 excavations or from any other place along the public highways of the City, or
in any operation involving the passage of such vehicles to and from any site; whether for
construction purposes or. otherwise, shall at once remove from the pavements and
sidewalks, or from any public place where the same may be deposited, all earth, rubbish
or other material that may fall from the wheels of or from such trucks, graders or loaders,
and shall employ and keep employed a sufficient number of sweepers or workers or use
such means as may be necessary to keep all such pavements and sidewalks in a clean
condition and free from earth, rubbish or other material.
6. The Director may give to any such person noted in section 5 a notice in writing requiring
the removal from such pavements and sidewalks of such earth, rubbish or other material
within four (4) hours of receipt of the notice, and notifying such person that in default of
compliance with the said notice, the City will perform the work at his expense.
7. m the event that such person does not comply with the direction in the said notice, the I
,
City may perform the work, or cause it to be done, and the cost thereof may be recovered I
from such person by court action, or the same may be recovered in like manner as
municipal taxes.
CROSSING OF CURBINGS. SIDEWALKS. BOULEVARDS & PARKLAND
8. (1) Every person owning land abutting a highway on which land he intends to carry
out construction which necessitates the crossing of curbings, sidewalks, grass or
paved boulevards shall submit to the Director an application in a form provided
by the Director accompanied by a deposit, as determined by City Cmmcil from
time to time, per linear metre of the lot on which the construction takes place
where the lot abuts such curbing, sidewalk or boulevard.
(2) Where access to the land where construction is to take place is available only by
crossing parkland. the owner of the land shall submit to the Director an
application in a form provided by the Director accompanied by a deposit as
determined by City Council from time to time.
(3) An application required by subsections (1) or (2) shall be accompanied by a non-
refundable administration fee as determined by City Conncil from time to time.
9. (I) Upon receipt of an application under subsection 8(2), the Director shall determine
the location where the parkland crossing shall be permitted.
(2) No person shall drive construction vehicles or equipment anywhere except as
designated by the Director.
10. (1) The owner of the land where construction is to take place shall repair any damage
to curbings, sidewalks, boulevards or parkland occasioned by a crossing to which
subsections 8(1) or (2) applies.
(2) In the event that the said owner does not complete the repairs required by
.. subsection (l), the City may complete the repairs and retain from the deposit
required by subsections 8(1) and (2) an amount equal to the cost of the repairs.
(3) The owner or the occupier oflands upon which construction is taking place as set
out in subsections 8(1) and (2) shall take all necessary steps to prevent building
materials, waste or soil from being spilled or tracked onto the highway by vehicles
or equipment going to or coming from the lands during the course of the said
construction and the owner or occupier of the said lands shall reimburse the City
for any costs incurred by the City in removing .suchbuilding materials, waste, soil
or other material,.
(4) The City may recover its costs incurred pursuant to subsection (3) from the
deposit required under subsections 8(1) and (2).
(5) Where the costs .incurred by the City under subsections (2) and (3) exceed the
amount of money deposited under subsection 8(1) and (2), the excess cost thereof
may be recovered from such person by court action, or the same may be recovered
in like manner as municipal taxes.
RETURN OF DEPOSIT MONEY
11. (1) When construction has been completed and the City has not incurred and will not
be incurring any costs under subsections 10(2) and (3), the City shall, upon
application by the person having paid the deposit required by subsections 8(1) and
(2), refund the deposit to that person.
(2) Where the costs incurred or to be incurred by the City under subsections 10(2) and
(3) are less than the amount of the deposit required by subsections 8(1) and (2),
the City shall, upon application by the person having paid the deposit, refund the
difference to that person.
(3) Where any money paid under subsections 8(1) and (2) remains unclaimed for a
period of six (6) years, the provisions of paragraph 2(b) of section 314 of the
Munici,pai Act, R.S.O. 1990, c.M45, as amended, shall apply.
12. Any person who contravenes the provisions of the by-law is guilty of an offence, and
upon conviction is liable to a penalty not to exceed Five Thousand Dollars ($5,000.00).
13. By-law 77-272 and By-law 6317 are hereby repealed.
14. This By-law shall come.into force and take effect on the day upon which it is finally
passed.
Passed this 15th day of April, 2002,
&~. .
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DEAN 10 WAYNE THOMSON, MAYOR'. ,
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First Reading: April 15, 2002
Second Reading: April 15, 2002
Third Reading: April 15, 2002
By-law No. 2002-064 Passed: A1,)ril12th. 2002
CORPORATION OF TIlE
CITY OF NIAGARA FALLS
By-law No. 2002-064
By-law to prohibit the obstructing,
encumbering or fouling of highways and
to regulate the crossing of curbings,
sidewalks, boulevards and parkland.
-.
Appendix'D'
Obstrnction By-law By-law **-**
BY - LAW
Number 2002-065
A by-law for prohibiting or regulating the
injuring of highways or bridges and for
closing temporarily any highway or portion
of a highway lmder the jurisdiction of the
City of Niagara Falls for any period during
the construction, repair or improvement of
such highway.
WHEREAS pursuant to subsection 314(1) of the Municipal Act. R.S.O. 1990, c.MAS, as
amended, a municipal council may pass by-laws for prohibiting or regulating the obstructing,
encumbering, injuring or fouling of highways or bridges;
AND WHEREAS pursuant to paragraph 43 of section 208 of the Municinal AQ!, R.S.O.
1990, c.MAS, as amended, a municipal cOlmcil may pass by-laws for closing temporarily any
highway or portion of a highway under the jurisdiction of the municipality for any period during the
construction, repairing or improvement of any such highway or portion thereof, or of any works
under, over, along, across or upon such highway or portion thereof;
AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it
expedient to authorize the Director of Municipal Works to temporarily close any highway under the
jurisdiction of the City of Niagara Falls for the purposes as authorized by this section;
NOW THEREFORE the Council of The Corporation of the City of Niagara Falls ENACTS
as follows:
1. In this by-law,
(a) "City" means The Corporation of the City of Niagara Falls;
(b) "Director" means the Director of Municipal WorkS for $e City of Niagara Falls, or
a person designated by him;
(c) "entrance culvert" means an arched drain or conduit for the passage of water
constructed on City land under a driveway or other access point to private lands;
(d) "highway" has the same meaning as in the Hillhwav Traffic Act, R.S.O. 1990, c.HA,
as amended;
(e) '. "permit holder" qleans any person to whom a permit hasbeen issued under this by-
law;
(f) "person" includes a corporation and its successors and assigns and any reference to
the masculine gender in this by-law shall also be deemed to include the feminine; and
(g) "working day" means any Monday to Friday inclusive which is not a statutory holiday
between 08:30 and 16:30 hours.
2. (1) No person shall commence construction or repair of:
(a) an entrance culvert. or
(b) any work over, on, under or adjacent to any City highway which is likely to
require the temporary closing, obstruction or encumbering of part or all of
such highway,
unless and until a permit has been obtained for such purpose from the Director, until
signs, barricades and other safety measures have been provided, and, if necessary,
until alternative traffic routes have been established in accordance with the
provisions of Section 4 of this by-law.
(2) '. All applications for a permit required J.!D.der subsection (1) shall be made on the
forms provided by the Director and shall be accompanied by such other supportive
materials as may be required by the Director, including payments and fees as
determined by City Council from time to time.
(3) An application required under subsections (1) and (2) shall be accompanied by a non-
refundable administration fee as determined by City Council from time to time. The
administration fee shall not be required for Public Utilities.
(4) If the work to be undertaken necessitates a temporary highway closure, the applicant
'. for the permit shall take such steps as are reasonable arid necessary to advise and
accommodate all persons who will be affected by the temporary closure of the
highway.
3. (1) (a) If the work to be undertaken does not necessitate a temporary highway
closure, an application to the Director for a permit required under Section 2
shall be made at least two (2) working days before the date of commencement
of the work.
(b) If the work to. be undertaken necessitates a temporary ,highway closure, an
application to the Director for a permit required under Section 2 shall be
made at least five (5) working days before the date of commencement of the
work.
(2) Notwithstanding the provisions of subsection (1), if the work to be undertaken is
required immediately for public health, safety or welfare reasons an application to the
.. Director for a permit required under Section 2 shall be made within the first four (4)
hours of the first working day after the date of commencement of the work.
4. When a permit has been issued, the permit holder shall, during the course of the work,
(a) maintain a reasonable safe alternate route for vehicular and pedestrian traffic;
(b) provide and maintain reasonable local access routes for all property owners or
occupants whose access will be affected by the proposed works;
(c) supply, erect and maintain at his own expense all barricades, signs, covers, lights,
flagmen and other safety warning devices as may be required by the Director to
protect the vehicular and pedestrian traffic; and
(d) provide and maintain pedestrian traffic routes which are separated from vehicular
traffic and the project site in a manner satisfactory to the Director.
S. Where a permit holder fails to comply with any of the provisions of Section 4, the Director
may perform the works necessary to effect compliance with the Section, and all costs and
.expenses incurred thereby shall be borne by the permit holder. .
6. If the works to be undertaken cannot be completed by the expiry date set out in the permit,
the permit holder shall make an application to the Director for an extension of time and the
application shall be made at least two (2) working days prior to the expiry date set out in the
permit.
7. (1) No permit holder shall remove, relocate, conceal from view or interfere with any
traffic signs in the course of carrying out the work.
(2) If a permit holder requires traffic signs to be temporarily removed or relocated he
shall request the Director to carry out such removal and all costs thereby incurred
shall be borne by the permit holder.
(3) If a project requires that parking control devices be temporarily removed, the permit
holder shall reimburse the City for revenue lost during the period the parking control
devices are out of service, based on the current rate charged, plus applicable taxes,
per day, per parking control device. The permit holder shall request the Director to
carry out such removal, and all costs thereby incutred shall be borne by the permit
.. holder.
8. All work to be undertaken under a permit issued under this by-law shall be carried out in a
manner which is satisfactory to the Director.
9. (1) When a hazardous condition arises during the course of the work undertaken by a
permit holder, the permit holder shall immediately notify the Director and any
.
-- affected utility company of the condition.
(2) When a hazardous condition arises during the course of the work undertaken by the
permit holder, the Director may order the road closed, the work halted or other
appropriate remedial action to be taken. Where such action is taken by the Director
no person shall perform any further work without the authorization of the Director.
10. The permit holder shall notify the Director immediately when the work undertaken has been
completed.
11. (1) Upon completion of the work the permit holder shall restore the highway affected by
the work to the condition satisfactory to the Director and shall guarantee the
worlcrMn~hip on all the restoration work within the limits of the road allowance for
a period of eighteen (18) months from the date of completion of the work.
(2) Notwithstanding the provisions of subsection (1), the restoration of the highway may
be carried out by the City and the permit holder shall reimburse the City for the costs
of the restoration.
(3) - The City may recover its costs incurred pursuant to subsection (2) from the deposit
required under subsection 2(2).
(4) In the event that the permit holder does not complete the repairs required by
subsection (1) or does not complete the repairs required by subsection (1) in a
manner satisfactory to the Director, the Citymay complete the repairs andretain from
the deposit required by subsection 2(2) an amount equal to the cost of the repairs.
(5) Where the costs incurred by the City under subsection (3) and (4) exceed the amount
-- of money deposited under subsection 2(2), the excess cost thereofmay be recovered
from such person by court action, or the same may be recovered in like manner as
municipal taxes.
(6) The permit holder shall accept a maintenance holdback in the amount of ten percent
(10%) of the value of the work completed until the expiration of the warranty period,
12. The permit holder shall be responsible for all damages to all existing services when such
damages arise out of the work undertaken by the pennit holder.
13. - The pemutholder shall provide Public Liability msurance in an amount and form satisfactory
to the City, and such insurance shall name the City as co-insured.
14. Work performed by the City under this by-law shall not relieve the permit holder, or his
agents, servants or workers from any responsibility or any liability arising out of the
performance of the work under the permit.
I
15. Every person who uses a highway or portion of a highway which has been dosed to traffic
under this by-law does so at his own risk and the municipality is not liable for any damages
sustained by reason of the person using the highway or portion thereof so closed to traffic.
16. The permit holder shall produce an approved permit if requested to do so by the Director or
by any other person who is authorized to enforce this by-law during the course of the work.
17. The Director shall have the authority to order the stoppage of any work over, on or under any
highway where an approved permit has not been issued or where the conditions of an
approved permit, or provisions of this by-law, have not been complied with, and to revoke
an approved permit if the permit holder does not meet the requirements of the permit or of
this by-law.
18. (1) Every person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine of not more than Five Thousand Dollars
($S,OOO.OO) exclusive of costs.
(2) Notwithstanding the provisions of subsection 1, a person who without lawful
. authority uses a highway or pOrtion thereof closed to traffic and protected pursuant
to this by-law, and/or who removes or defaces any barricade, device, detour sign or
notice placed thereon under this by-law, is guilty of an offence and is liable to a
penalty of not more than Fifty Dollars ($50.00) plus costs and is also liable to the
City for any damage or injury occasioned by such wrongful use, removal or
defacement.
19. This By-law shall come into force and take effect on the day upon which it is finally passed.
Passed-this 15t1t day of April, 2002.
.....
1.4, CITY CLERK WAYNE THOMSON, MAYOR. _ '. -
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. - _ . .e
~ -, .
First Reading: April1Stlt , 2002.
Second Reading: AprillStb , 2002.
Third Reading: AprillS'b , 2002.
By-law No. 2002-065 Passed: Auril12lh. 2002
CORPORATION OF THE
CITY OF NIAGARA FALLS
By-law No. 2002-065
By-law for prohibiting or regulating the
injuring of highways or bridges and for
closing temporarily any highway or
portion of a highway under the
jurisdiction of the City of Niagara Falls
for any period during the construction,
repair or improvement of such highway.
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-10-
Dee/are Seat Vacant
ORDERED on the motion of Aldennan Feren, seconded by Aldennan Craitor, that Council
declare vacant the seat of the late Gary Hendershot, an AJd~nnan for Ward 3, in the City
of Niagara Falls and that Council appoints the runner-up in Ward 3 from the most recent
Municipal Election to fill the seat declared vacant. Carried Unanimouslv.
****.
Best Wishes for SDeedv Recoverv
ORDERED on the motion of Aldennan Feren, seconded by AJdennan Volpatti, that a letter
be forwarded to Daniel Woods, a student at Orchard Park Elementary School who had
addressed Council on the Excellence in Education, for a speedy recovery on his recent
accident. Carried Unanimouslv.
*****
COMMUNICATIONS
Communication No. 49 - Royal Canadian Naval Aasociation . Re: Proclamation.
The communication requests that Council proclaim April 29" - May 3"', 2002 as Battle of
the Atlantic Week and further that authorization be 9iven to conduct a short Flag Raising
ceremony on April 29", 2002 in front of City Hall at 9:15 a.m.
ORDERED on the motion of Aldennan Fisher, seconded by Aldennan Craitor, that the
request be approved. Carried Unanlmouslv.
Communication No. 50 - Canadian Mental Health Association - Re: Proclamation.
The communication requests that Council proclaim the week of May 6" to May 12", 2002
as Mental Health Week in the City of Niagara Falls.
ORDERED on the motion of Aldennan Volpatti, seconded by Aldennan Pietrangelo, that
the request be approved. Carried UnanimouslY.
Communication No. 51 - Bob Rodger, 127 Westwood Crescent, Weiland, Ontario _
Re: Golffees at par with the U.S. The communication expresses concerns regarding the
high rate of $130.00 Canadian for golf fees being charged and requesting Council support
to have the Niagara Parks Commission consider accepting the golf fees at par with the
American counterparts.
ORDERED on the motion of Aldennan Fisher, seconded by Aldennan Craitor, that the
matter be referred to the Niagara Parks Commission. Carried Unanimouslv.
REPORTS
. Chief Administrative Officer. Re: POlicy and Procedures for Road
Occupancy Permits. The report recommends that the City of Niagara Falls adopt the
Policy, and procedures for Road Occupancy Pennits and pass the associated Access By-
law and Obstruction By-law.
ORDERED on the motion of Aldennan Fisher, seconded by Aldennan Feren, that the
report be received and adopted. Carried UnanimouslY.
See Bv-law No. 2002-064
See Bv-iaw No. 2002-065
MW-2002-41 - Chief Administrative Officer - Re: Beaverdaina Road at Ryadale
Street/Magnolia Drive School Crossing Guard Review. The report recommends the
following:
April 2, 2007 88$-2007-04
Councillor Carolynn loannoni, Chair
and Members of the Community Services Committee
City of Niagara Falls, Ontario
Members:
Re: BBS-2007-04
Pattison Outdoor Advertising-Sign By-law Variance
5772 Stanley Avenue and 5629 Stanley Avenue
RECOMMENDATION:
That Council deny the request.
BACKGROUND:
Pattison Outdoor Advertising is requesting variances to the Sign By-law to allow two
Billboards, at separate locations, that exceed the maximum allowable height. Sign permits
to construct the respective signs were issued in the summerof2006. The maximum height
allowed fora billboard is twenty.two (22 ft.) feet, which is well known to the applicant and
is clearly noted on the permits. The signs in question were built at 33.46 feet (5772
Stanley Avenue) and 31.5 feet (5629 Stanley Avenue). Attempts by staff to obtain
compliance to the By-law failed and after several weeks of a lack of cooperation by the
owners, formal charges were laid against Pattison OutdoorAdvertising in September 2006.
Pattison Group has now made application for a variance to deal with the matter.
Legal Services has advised that it would be appropriate to apply Vincent v. DeGasperis (a
2005, Ontario Superior Court of Justice, Divisional Court decision) the leading Minor
Variance case in addressing to Sign By-law applications. The DeGasperis Case
establishes an objective set of criteria for obtaining a MinorVariance by outlining four (4)
tests that must be met The tests outlined in.the DeGasperis Case can easily be adopted
for a Sign Byelaw minor variance situation.
Under the DeGasperis Test, the proposed variance must be:
1. minor in nature;
2. desirable, in the opinion fCouncil, for the appropriate developmentor use of the
land, building or str ~t,,:
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April 2, 2007 -2. BB$-2007 -04
3. maintain, in the opinion of Council, the general intent and purpose of the Sign By-
law; and
4. maintain, in the opinion of Council, the general intent and purpose of the Official
Plan.
As set out in Vincent v. DeGasperis, in absence of compelling evidence addressing all four
of these tests, the variance should be refused.
Based on these comments, the following is an assessment ofthe proposed variance to the
Sign By-law utilizing the four tests of a minor variance.
1. Does the proposed relieffrom the Sign By-law maintain the general intent and
purpose of the Official Plan?
The subject lands are both designated Tourist Commercial in the Official Plan. One
of the goals of these policies is the creation of a high quality urban environment.
Signs, particularly billboards, should be erected in such a manner that displays the
advertising but blends into the surrounding area without causing visual clutter or
being obtrusive. The increase in height adds to the obtrusiveness of a billboard and
is not in keeping with the urban design goals of the Official Plan.
2. Does the proposed relief from the By-law maintain the general intent and
purpose of the Sign By-law?
By their very nature, billboards are imposing structures and their placement and
height has to be strictly controlled through the provisions of the Sign By-law so that
they are not detrimental to the character of the area. There are very few billboards
throughout the City that have received relief for height. 'The size and magnitude of
a billboard are sufficient visibility without an increase in height. As such, the request
is not within the general intent and purpose of the Sign By-law.
3. Is the proposal desirable for the appropriate development or use of the land,
building or structure?
The applicants have indicated that the heights are necessary to "allow visibility
above the roof lines of existing buildings on the properly" and are "no higher than
those signs constructed as roof signs". The attached photos would indicate that the
roof lines do not appear to be an issue. We would point out that roof signs have
their own set of regulations and these are not roof signs. Visual clutter is also
increased as is the competition for air space in that future applicants may desire
even higher signs.
The proposals are not in keeping with the sign age in the general area and are
therefore not desirable for the appropriate development of the land.
April 2, 2007 -3- BBS-2007 -04
4. Is the proposal considered minor in nature?
The request is an increase in the permitted height of greater than 50%. The request
is not minor in nature due to the exte he increase requested and when viewed
within the context of the are
Recommended by:
Respectfully submitted: MA
acDonald, Chief Administrative Officer,
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November 14,2006,
Robert Judge
Manager of By"Law Services
The City of Niagara Falls
City Hall PO 80;( l023
4310 Queen St
Niagara Falls ON ( original to be mailed)
L2E 6X5
Re: By- Law Variance
Poster Sign Locations - 5772 Stanley A v.
-5629-5641 Stanley Av,
Pattison Outdoor by virtue of this letter is formally applying for a minor variance
from By-Law 6661, as amended, to permit two existing poster ground signs that
exceed the maximum allowed height. Both signs are single pole structures built to
allow visibility above the roof lines of existing building on the property.
The two existing sign heights can best be described as no higher than those signs
constmcted as roof signs.
By varying the by-law and permitting these two ground poster signs to remain, the
action will be consistent with other existing signs the same height, either
permitted as of right, oras a res,lll of a variance approved by the city, on the same
street. Therefore, we feel the variance we are seeking is consistent with current
signage in the area.
The total height we are asking for is:
5772 Stanley AV. - 33.46 Feet.
5629-5641 Stanley A v. - 31.5 Feet
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E1r;(e Villamere
~>\:rrt;O",J OUTIl<)'OIR AOY'!!lTI$li'j,(;
22BS'N;fecroH Rood, OClkville, Ontario l6L 517 I T .alephot1e . v05-4.5.5-0! 1 4 f.:lX : 905~46.:i-Oo:3:J
,,,Oivision,,, jim :>'Ji~son Indusiriaslld.
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The City of Niagara Falls, Ontario
Resolution
No.
Moved by
Seconded by
WHEREAS an meetings of Council are to be open to the public; and
WHEREAS the only time a meeting or part of a meeting may be closed to the public if the subject
matter falls under one of the exceptions under s. 239(2) ofthe Municipal Act, 2001.
THEREFORE BE IT RESOLVED THAT on April 2, 2007, Niagara Falls Council will go into
a closed meeting to consider a matter that falls under the subject matter of 239(2)(f) of the
Municipal Act, 2001, to receive advice that is subject to solicitor-client privilege.
AND The Seal ofthe Corporation be hereto affixed.
DEAN IORFIDA R. T. (TED) SALCI
CITY CLERK MAYOR