2002/12/09The City of Niagara Falls, Ontario
Council Chambers
No. 26
December 9, 2002
Moved by Alderman FEREN
Seconded by Alderman FISHER
RESOLVED THAT the Council of the Corporation of the City of Niagara Falls confirms
that the property known as Sam's Montrose Hotel, and situated at the southwest comer of Montrose
Road and Chippawa Creek Road, is to be excluded from the 100-metre setback requirement as it
applies to By-law No. 2002-201 as well as from the intent of the same separation distance policy as
outlined in Official Plan Amendment No. 45;
BE IT RESOLVED THAT the Council of the Corporation of the City of Niagara Falls requests the
Regional Municipality of Niagara to modify Official Plan Amendment No. 45 to specify that the
lands shown hatched on Schedule 1 to this resolution are not suitable for an adult entertainment
parlour or body-mb parlour as also specified in By-law No. 2002-201;.
AND THEREFORE BE IT RESOLVED THAT the Council requests the Regional Municipality
of Niagara to modify Official Plan Amendment No. 45, to ensure compliance and/or consistency
between the Official Plan and By-law No. 2002-201.
AND The Seal of the Corporation be hereto affixed.
CITY CLERK
WAYNE THOMSON
MAYOR
SCHEDULE 1
OFFICIAL PLAN AMENDMENT #45
Industrial Areas Not Permitting Adult Entertainment
Parlours & Body-Rub Parlours as Specified in the Official Plan
(After application of separation distances from
sensitive zones, lands uses and QEW Highway)
Applicant: City of Niagara Falls
S:~Zoning~xtymbXaeps~lappingapr
60 0 60 120
Meters
Scale: 1:5,000
October 2002
The CiW of Niagara l:all$~ Ontario
No. 27
Moved by Alderman FISHER
Seconded by Alderman FEREN
Council Chambers
December 9, 2002
RESOLVED THAT the Council of the Corporation of the City of Niagara Falls reaffirms
the passing of By-law No. 2002-202, a by-law to permit the construction of a 26-storey hotel at 5200
Robinson Street.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously
CITY CLERK
WAYNE THOMSON
MAYOR
The City of Niagara Falls, Ontario
Council Chambers
No. 28
December 9, 2002
Moved by Alderman FISHER
Seconded by Alderman FEREN
WHEREAS Section 44(1) of the Municipal Act 2001 states that the municipality that has
jurisdiction over a highway or bridge shall keep it in a state of repair that is reasonable in the
circumstances, including the character and location of the highway or bridge; and
WHEREAS Section 44(4) of the Municipal Act 2001 states the Minister of Transportation may
make regulations establishing minimum standards of repair for highways and bridges or any class
of them; and
WHEREAS Ontario Regulation 239/02 (Schedule 1), which sets minimum maintenance standards
for municipal highways, came into force on November 1, 2002.
THEREFORE BE IT RESOLVED that Council of the Corporation of the City of Niagara Falls
adopts the minimum maintenance standards for municipal highways as prescribed in Ontario
Regulation 239/02.
AND The Seal of the Corporation be hereto affixed.
Carried Unanimously
CITY CLERK
WAYNE THOMSON
MAYOR
O. Reg. 238/02
THE ONTARIO GAZETTE / LA GAZETTE DE L'ONTAR10
O. Reg. 239/02
1069
ONTARIO REGULATION 239/02
made under the
MUNICIPAL ACT
Made: July 23, 2002
Filed: August 8, 2002
MINIMUM MAINTENANCE STANDARDS
FOR MUNICIPAL HIGHWAYS
INTERPRETATION AND APPLICATION
Definitions
1. ( I ) In this Regulation,
"cra' means centimetres;
"day" means a 24-hour period;
"motor vehicle" has the same meaning as in subsection I ( 1 ) of the
Highway Traffic ~4ct, except that it does not include a motor
assisted bicycle;
"non-paved surface" means a surface that is not a paved surface;
491
1070
THE ONTARIO GAZETTE ! LA GAZETTE DE L'ONTARIO
O. Reg. 239/02
"paved surface" means a surface with a wearing layer or layers of
asphalt, concrete or asphalt emulsion;
"roadway" has the same meaning as in subsection 1 (1) of the
Highway TraJfic
"shoulder" means the portion of a highway that provides lateral
support to the roadway and thal may accommodate stopped
motor vehicles and emergency use;
"surface" means the top of a roadway or shoulder.
(2) For the purposes of this Regulation, every highway or part of
a highway under the jurisdiction of a municipality in Ontario is
classified in the Table to this section as a Class I, Class 2, Class 3,
Class 4, Class 5 or Class 6 highway, based on the speed limit appli-
cable to it and the average annual daily traffic on it.
(3) For the purposes of subsection (2) and the 'l-able to this sec-
tion, the average' annual daily traffic on a highway or part of a
highway under municipal jurisdiction shall be determined,
(a) by counting and averaging the daily two-way traffic on the
highway or part of the highway for the previous calendar
year; or
(b) by estimating the average daily two-way traffic on the high-
way or pail of the highway in accordance with accepted traf-
fic engineering methods.
TABLE
CLASSIFICATION OF HIGllWAYS
Average Annual Daily Traffic Posted or Statutory Speed Limit (kilometres per hour)
(number of motor vehicles) 100 90 80 70 60 50 40
15,000 or more I I 1 2 2 2 2
12,000 - 14.999 I I 1 2 2 3 3
I0,000 - 11,999 I I 2 2 3 3 3
8,000 - 9,999 I I 2 3 3 3 3
6,000 - 7,999 I 2 2 3 3 3 3
5,000 ~ 5,999 1 2 2 3 3 3 3
4,000- 4,999 I 2 3 3 3 3 4
3,000- 3.999 I 2 3 3 3 4 4
2,000 - 2.999 ! 2 3 3 4 4 4
1,000 - 1,999 I 3 3 3 4 4 5
500 - 999 I 3 4 4 4 4 5
200 - 499 I 3 4 4 5 5 5
50 - 199 I 3 4 5 5 5 5
0- 49 i 3 6 6 6 6 6
Application
2. (1) This Regulation sets out the minimum standards of repair
for highways under municipal jurisdiction for the purpose of subsec-
tion 284 (1.4) of the Act.
(2) The minimum standards of repair scl out in this Regulation
are applicable only in respect of motor vehicles using the highways.
(3) This Regulation docs not apply to Class 6 highways.
MINIMUM STANDARDS
Routine patrolling
3. (l)The minimum standard for the frequency of routine
patrolling of highways is set oul in the Table to this section.
492
O. Reg. 239/02
THE ONTARIO GAZETTE / LA GAZETTE DE L'ONTARIO 1071
(2) Routine patrolling shall be carried out by driving on or by
electronically monitoring the highway to check for conditions
described in this Regulation.
(3) Routine patrolling is not required between sunset and sunrise.
TABLE
ROUTINE PATROLLING FREQUENCY
Class of Highway Patrolling Frequency
I 3 times every 7 days
2 2 times every 7 days
3 once every 7 days
4 once every 14 days
5 once every 30 days
Snow accumulation
4. (I) The minimum standard for clearing snow accumulation is,
(a) while the snow continues to accumulate, to deploy resources
to clear the snow as soon as practicable after becoming aware
of the fact that the snow accumulation on a roadway is
greater than the depth set out in the Table to this section: and
Cb) after the snow accumulation has ended and after becoming
aware that the snow accumulation is greater than the depth
set out in the Table to this section, to clear the snow accumu-
lation in accordance with subsections (2) and (3) or subsec-
tions (2) and (4), as the case may be, within the time set out
in the Table.
(2) Th6 snow accumulation musl be cleared to a depth less than
or equal to the depth set out in the Table.
(3) The snow accumulation must be cleared from the roadway to
within a distance of 0.6 metres inside the outer edges of the road-
way.
(4) Despite subsection (3), for a Class 4 highway with two lanes
or a Class 5 highway with two lanes, the snow accumulation on thc
roadway must be cleared to a width of at least 5 metres.
(5) This section,
(a) does not apply to that portion of the roadway designated for
parking; and
(b) only applies to a municipality during the season when the
municipality performs winter highway maintenance.
(6) In this section,
"snow accumulation" means the natural accumulation of new fallen
snow or wind-blown snow that covers more than half a lane
width of a roadway.
TABLE
SNOW ACCUMULATION
Class of Highway Depth Time
I 2.5 cm 4 hours
2 5 cm 6 hours
3 8 cm 12 hours
4 8 cm 16 hours
5 10 cm 24 hours
Icy roadways
5. ( I ) The minimum standard for treating icy roadways is,
(a) to deploy resources to treat an icy roadway as soon as practi-
cable after becoming aware thai the roadway is icy; and
(b) to treat the icy roadway within the time set out in the Table to
this section after becoming aware that the roadway is icy.
(2) This section only applies to a municipality during the season
when the municipality performs winter highway maintenance.
TABLE
ICY ROADWAYS
Class of Highway Time
I 3 hours
2 4 hours
3 8 hours
4 12 hours
5 16 hours
Potholes
6. (I) If a pothole exceeds both the surface area and depth set
out in Table I, 2 or 3 to this section, as the case may be, the mini-
mum standard is to repair the pothole within the time set out in
Table I, 2 or 3, as appropriate, after becoming aware of the fact.
(2) A pothole shall be deemed to be repaired if its surface area or
depth is less than or equal to that sel out in Table l, 2 or 3, as appro-
priate.
TABLE 1
POTHOLES ON PAVED SURFACE OF ROADWAY
Class of Surface Area Depth Time
Highway
I 600 cm= 8 cm 4 days
2 800 cma 8 cm 4 days
3 1000 cma 8 cm 7 days
4 1000 cma 8 cm 14 days
5 1000 cma 8 cm 30 days
TABLE 2
POTHOLES ON NON-PAVED SURFACE OF ROADWAY
Class of Surface Area Depth Time
Highway
3 1500 cm2 8 cm 7 days
4 1500 cma 10 cm 14 days
5 1500 cm2 12 cm 30 days
TABLE3
POTHOLES ON PAVED ORNON-PAVEDSHRFACE
OFSHOULDER
Class of
Surface Area Depth Time
Highway
1 1500 cma 8 cm 7 days
2 1500 cma 8 cm 7 days
3 1500 cms 8 cm 14 days
4 1500 cms 10 cm 30 days
5 1500 cma 12 cm 60 days
493
1072
THE ONTARIO GAZETTE / LA GAZETTE DE L'ONTARIO
O. Reg. 239/02
Shoulder drop-offs
?. ( I ) If a shoulder drop-off is deeper, for a continuous distance
of 20 metres or more, than the depth set out in the Table to this
section, the minimurfi standard is lo repair the shoulder drop-off
within the time set out in the Table after becoming aware of the fact.
(2) A shoulder drop-off shall be deemed to be repaired if its
depth is less than or equal to that set out in the Table.
(3) In this section,
"shoulder drop-off" means the vertical differential, where the paved
surface of the roadway is higher than the surface of the shoulder.
between the paved surface of the roadway and the paved or non-
paved surface of the shoulder.
TABLE
SHOULDER DROP-OFFS
Class of Highway Depth Time
1 8 cm 4 days
2 8 cm 4 days
3 8 cm 7 days
4 8 cm 14 days
5 8 cm 30 days
Cracks
8. ( I ) If a crack on the paved surface ora roadway is greater, for
a continuous distance of three metres or more, than both the width
and depth set out in the Table to this section, the minimum standard
is to repair the crack within the time set out in the Table after
becoming aware of the fact.
(2) A crack shall be deemed to be repaired if its width or depth is
less than or equal to that set out in the Table.
TABLE
-- ~. CRACKS
Class of
Width Depth Time
Highway
I 5 cm 5 cm 30 days
2 5 cm 5 cm 30 days
3 5 cm 5 cm 60 days
4 5 em 5 cm 180 days
5 5 cm 5 cm 180 days
D~bris
9. (1) If there is debris on a roadway, the minimum standard is
to deploy resources, as soon as practicable after becoming aware of
the fact, to remove the debris.
(2) In this section,
"debris" means any material or object on a roadwaY,
(a) that is not an integral part of the roadway or has not been
intentionally placed on the roadway by a municipality, and
(b) that is reasonably likely to cause damage to a motor vehicle
or to injure a person in a motor vehicle.
Luminaires
I0. (1) For conventional illumination, if three or more consecu-
tive luminaires on a highway are not functioning, the minimum
standard is to repair the luminaires within the time set out in lhe
Table to this section after becoming aware of the fact.
(2) For conventional illumination and high mast illumination, if
30 per cent or more of the luminaires on any kilometre of highway
are not functioning, the minimum standard is to repair the lumi-
naires within the time set out in the Table to this section after
becoming aware of the fact.
(3) Despite subsection (2), for high mast illumination, if all of
the luminaires on consecutive poles are not functioning, the mini-
mum standard is to deploy resources as soon as practicable after
becoming aware of the fact to repair the luminaires.
(4} Despite subsections (I), (2) and (3), for conventional illumi-
nation and high mast illumination, if more than 50 per cent of the
luminaires on any kilometre ora Class 1 highway with a speed limit
of 90 kilometres per hour or more are not functioning, the minimum
standard is to deploy resources as soon as practicable after becom-
ing aware of the fact to repair the luminaires.
(5) Luminaites shall be deemed to be repaired.
(a) for the purpose of subsection (1), if the number of non-
functioning consecutive luminaires does not exceed two;
(b) for the purpose of subsection (2), if more than 70 per cent of
luminaires on any kilometre of highway are functioning;
(c) for the purpose of subsection (3), if one or more of the lumi-
naires on consecutive poles are functioning;
(d) for the purpose of subsection (4), if more than 50 per cent of
luminaires on any kilometre of highway are functioning.
(6) Subsections ( 1 ), (2) and {3) only apply to,
(a) Class I and Class 2 highways; and
(b) Class 3, Class 4 and Class 5 highways with a poste(l speed of
80 kilometres per hour or more.
(7) In this section,
"conventional illumination" means lighting, other than high mast
illumination, where there are one or more luminaires per pole;
"high mast illumination" means lighting where there are three or
more luminaires per pole and the height of the pole exceeds 20
metres;
"luminaire' means a complete lighting unit consisting of,
{a) a lamp, and
(b) parts designed to distribute the light, to position or protect the
lamp and to connect the lamp to the power supply.
TABLE
LUMINAIRES
Class of Highway Time
I ~ 7 days
2 7 days
3 14 days
4 14 days
5 14 days
Signs
II. (1) If any sign ora type listed in subsection (2) is illegible,
improperly oriented or missing, the minimum standard is to deploy
resources as soon as practicable after becoming aware of the fact to
repair or replace the sign.
(2) This section applies to the following types of signs:
494
O. Reg.
239/02
THE ONTARIO GAZETTE / LA GAZETTE DE L'ONTARIO
I. Checkerboard.
2. Curve sign with advisory speed tab.
3. Do not enter.
4. One Way.
5. School Zone Speed Limit.
6. Stop.
7. Stop Ahead.
8. Stop Ahead. New.
9. Traffic Signal Ahead, New.
10. Two-Way lraffic Ahead.
11. Wrong Way.
12. Yield.
13. Yield Ahead.
14. Yield Ahead, New.
Regulatory or warning signs
12. (1) Ifa regulatory or warning sign other than a sign listed in
subsection I 1 (2} is illegible, improperly oriented or missing, the
minimum standard is to repair or replace the sign within the time set
out in the Table to this section after becoming aware of the fact.
(2) In this section,
"regulatory sign" has the same meaning as in the Manual of Uni-
form Traffic Control Devices published in 1985 by the Ministry
of Transportation;
"warning sign" has the same meaning as in the Manual of Uniform
Traffic Control Devices published in 1985 by thc Ministry of
Transportation.
TABLE
REGULATORY AND WARNING SIGNS
Class of Highway Time
1 7 days
2 14 days
3 21 days
4 30 days
5 30 days
Traffic control signal systems
13. (1) If a traffic control signal system is defective in any way
described in subsection (2), thc minimum standard is to deploy
resources as soon as practicable after becoming aware of the defect
to repair the defect or replace the defective component of the traffic
control signal system.
(2) This section applies ifa traffic control signal system is defec-
tive in any of the following ways.
I. One or more displays show conflicting signal indications.
2. The angle of a traffic control signal or pedestrian control
indication has been changed in such a way that the traffic or
pedestrian facing it does not have clear visibility of the
inforn~ation conveyed or that it conveys confusing
information to traffic or pedestrians facing other directions.
3. A phase required to allow a pedestrian or vehicle to safely
travel through an intersection fails to occur.
1073
4. There are phase or cycle timing eh'ors interfering with the
ability of a pedestrian or vehicle to safely travel through an
intersection.
5. There is a power failure in the traffic control signal system.
6. The traffic control signal system cabinet has been displaced
from its proper position.
7. There is a failure of any of the traffic control signal supporl
structures.
8. A signal lamp or a pedestrian control indication is not func-
tioning.
9. Signals are flashing when flashing mode is not a part of the
normal signal operation.
{3) Despite subsection (I} and paragraph 8 of subsection (2), if
the posted speed of all approaches to the intersection or location of
the non-functioning signal lamp or pedestrian control indication is
less than 80 kilometres per hour and the signal that is not function-
ing is a green or a pedestrian "walk" signal, the minimum standard
is to repair or replace the defective component by the end of the next
business day.
{4) In this section and section 14,
"cycle" means a complete sequence of traffic control indications at a
location;
"display" means the illuminated and non-illuminated signals facing
the traffic;
"indication" has the same meaning as in the Highway Traffic ,4ct;
"phase" means a part of a cycle from the time where one or more
traffic directions receive a green indication to the time where one
or more different traffic directions receive a green indication;
"power failure" means a reduction in power or a loss in power
preventing the traffic control signal system from operating as
inlended;
"traffic control signal" has the same meaning as in the Highway
Traffic Act;
"traffic control signal system" has the same meaning as in the
Highway Traffic ,4ct;
Traffic control signal system sub-systems
14. (1) The minimum standard is to inspect, test and maintain
the following traffic control signal system sub-systems every 12
months:
I. The display sub-system, consisting of traffic signal and
pedestrian crossing heads, physical support structures and
support cables.
2. The traffic control sub-system, including the traffic control
signal cabinet and internal devices such as timer, detection
devices and associated har~dware, but excluding conflict
monitors.
3. The external detection sub-system, consisting of detection
sensors for all vehicles, including emergency and railway
vehicles and pedestrian push- buttons.
(2) lhe minimum standard is to inspect, test and maintain con-
flict monitors every five to seven months and at least twice a year.
{3) In this section,
"conflict monitor" means a device that continually checks for con-
flicting signal indications and responds to a conflict by emitting a
signal.
495
1074 O. Reg. 239/02
THE ONTARIO GAZETTE
Bridge deck spalls
15. (1) If a bridge deck spall exceeds both the surface area and
depth set out in the Table to this seclion, the minimum standard is to
repair the bridge deck spall within the time set out in the Table after
becoming aware of the fact.
(2) A bridge deck spall shall be deemed to be repaired if its sur-
face area or depth is less than or equal to that set out in the Table.
(3) In this section,
"bridge deck spall" means a cavity left by one or more fragments
detaching from the paved surface of the roadway or shoulder of a
bridge.
TABLE
BRIDGE DECK SPALLS
Class of
Surface Area Depth Time
Highway
I 600 cm2 8 cm 4 days
2 800 cm2 8 cm 4 days
3 1,000 cm2 8 cm 7 days
4 1,000 cma 8 em 7 days
5 1,000 cm2 8 em 7 days
Surface.discontinuities
16. (I) If a surface discontinuity, other than a surface disconti-
nuity on a bridge deck, exceeds the height set out in the Table to this
section, the minimum standard is to repair the surface discontinuity
within the time set out in the Table after becoming aware of the fact.
(2) Ifa surface discontinuity on a bridge deck exceeds 5 em, the
minimum standard is to deploy resources as soon as practicable after
becoming aware of the fact to repair the surface discontinuity on the
bridge deck.
(3) In this section,
LA GAZETTE DE L'ONTARIO
"surface discontinuity" means a vertical discontinuity creating a step
Formation at joints or cracks in the paved surface of the roadway.
including bridge deck joints, expansion joints and approach slabs
to a bridge.
TABLE
SURFACE DISCONTINUITIES
Class of Highway Height Time
I 5 cm 2 days
2 5 cm 2 days
3 5 cm 7 days
4 5 cm 21 days
5 5 cm 21 days
REVIEW OF REGULATION
Review
17. (1) The Minister of Transportation shall conduct a review of
this Regulation every five years.
(2} The first review shall be started before the end of 2007.
COMMENCEMENT
Commencement
18, This Regulation comes into force on November 1, 2002.
NORMAN W. STERLING
Minister of Transportation
Dated on July 23, 2002.
34/02
The City of Niagara Falls, Ontario
Council Chambers
No. 29
Moved by Alderman VOLPATTI
Seconded by Alderman CRAITOR
December 9, 2002
THEREFORE BE IT RESOLVED THAT the City-owned lands on the west side of
Montrose Road, north of McLeod Road, in the City of Niagara Falls, be and the same are hereby
declared surplus to the City's needs.
Carried Unanimously.
CITY CLERK
WAYNE THOMSON
MAYOR
The City of Niagara Falls, Ontario
Council Chambers
No. 30
December 9, 2002
Moved by Alderman VOLPATTI
Seconded by Alderman CRAITOR
WHEREAS subsection 255(1) of the Municipal Act, R.S.O. 1990, c. M.45, as amended, provides
that one-third of the remuneration paid to the elected members of councils and their local boards
shall be considered as expenses incident to the discharge of their duties as members of council or
local board; and
WHEREAS subsection 255(2) of the Municipal Act, R.S.O. 1990, c. M.45, as amended, provides
that the provisions of subsection 255(1) shall only continue to apply to members of council or its
local boards after January 1, 2003 if the municipality passes a resolution before January 1, 2003
stating its intention that the provisions of subsection 255(1) shall continue to apply to elected
members of council and its local board; and
WHEREAS the council of The Corporation of the City of Niagara Falls hereby deems it desirable
to continue the provisions of subsection 255(1) of the Municipal Act beyond January 1, 2003.
THEREFORE BE IT RESOLVED THAT it is the intention of this council that the provisions of
subsection 255(1 ) of the Municipal Act continue to apply to the elected members of this council and
its local boards on and after January 1, 2003, provided that any member of council may by notice in
writing to the City Treasurer direct him/her not to have one-third of his/her remuneration considered
as expenses incident to the discharge of his/her duties.
AND The Seal of the Corporation be hereto affLxed.
Carried Unanimously
CITY CLERK
WAYNE THOMSON
MAYOR