Encroachment By-law 2002-043

“owner" shall include mortgagee, lessee, tenant, occupant, trustee in whom land is vested, guardian of the property of a minor or of a mentally incapable person, executor, administrator and person entitled to a limited estate or interest in land;

"highway” shall mean all allowances for roads made by the Crown surveyors, all highways laid out or established under the authority of any statute labour on which public money has been spent for opening them or on which statute labour has been usually performed,  all roads dedicated by the owner of the land to public use, and all alterations and deviations of and all bridges over any  such allowance for road, highway or road, are common and public highways;

“public utility” shall mean a water works or water supply system, sewage works, steam or hot water distribution system, electrical power or energy generating, transmission or distribution system, street lighting system, natural or artificial gas works or supply system, or transportation system; and

“public utility easement” shall mean an easement of a municipality in respect of a public utility.

The Director of Engineering Services may allow, by issuing an encroachment permit, a building, structure, erection or other obstruction including a fence to be erected on a municipal public utility easement owned by The Corporation of Loyalist Township if he is satisfied that it will not unduly interfere with the municipality's existing or proposed use and maintenance of the easement or any pipes, equipment or other appurtenances then on or proposed to be brought upon and used in connection with the easement, and that the building, structure or erection will not transfer or reduce any loads or stresses that will negatively affect the utility structure located within the easement.

Notwithstanding section 2, The Corporation of Loyalist Township may need to remove any building, structure or other obstruction including a fence placed or erected on the municipal public utility easement owned by The Corporation of Loyalist Township. The removal will be at the owner's expense unless otherwise stated in an easement agreement. 

The Corporation of Loyalist Township may permit cornices and eaves projecting beyond the main walls of buildings to encroach upon highway at a height of not less than eight feet above the grade thereof established by the municipality where permitted by the relevant Loyalist Township zoning by-law. In case of historic encroachments of this nature, an encroachment permit will not be necessary and will be recognized by Loyalist Township.

The Corporation of Loyalist Township may allow, by the issuance of an encroachment permit, an existing building to encroach or further encroach upon a highway to such extent as may be necessary to provide for refacing any such building. 

An applicant for an encroachment permit shall submit the following documents to the Director of Engineering Services:

a) three (3) copies of a Plan of Survey prepared by an Ontario Land Surveyor showing the size and location of the encroachment;

b) a completed application form as attached to this by-law; and

c) an application fee payable to the municipality, of twenty-five dollars ($25.00) per annum, payable in advance for the term of the encroachment; except

i) in the case of a private utility such as a waterline to a well in which case an application fee of twenty-five dollars ($25.00) with a per annum charge of one dollar ($1.00) payable in advance, to the municipality, for the term of the encroachment. 

Prior to issuing an Encroachment Permit for encroachment of highway or boulevard, the Director of Engineer Services shall be satisfied that the building, structure, erection or other obstruction will not unduly interfere with traffic or create a hazardous or unsafe condition; and that the building, structure or erection will not transfer or reduce any loads or stresses that would negatively affect the highway structure.

Upon approval of the Application for Encroachment Permit, annual fees for the term of the encroachment, shall be payable in advance. 

The term of an Encroachment Permit that may be issued in accordance with this by-law shall be for such period of time as the Director of Engineering Services acting reasonably considers appropriate in all of the circumstances but in no event shall it exceed 10 years unless renewed. 

For use of street during construction, the following will apply:

a) Any person owing or occupying land adjoining a highway or boulevard may be permitted to erect hoarding or a covered way or store material on the highway or boulevard on the following conditions:

i) A building permit for the lands owned or occupied shall be issued if the proposed structure complies with the minimum requirements of the relevant zoning by-law of Loyalist Township.

ii) A minimum walkway of 1. 5m shall be maintained free from any obstruction. With permission of the Director of Engineering Services, a walkway may be erected outside the curb line to a maximum depth of 1.8m

iii) An application form as attached to this by-law shall be completed and filed with the Director of Engineering Services.

iv) The applicant shall submit a sketch plan to scale showing the proposed location of the hoarding, covered way, or material.

v) An application fee payable to the Treasurer of The Corporation of Loyalist Township for $1.00 per month for each meter of frontage of the encroachment on the highway or boulevard payable in advance for the term of the encroachment.

b) The Director of Engineering Services shall ensure that the proposed use does not unduly interfere with traffic or create a hazardous or unsafe condition.

c) The applicant shall restore the highway or boulevard to its original condition before the end of the term of encroachment. 

It shall be a condition of the Encroachment Permit that the applicant shall indemnify and save harmless the Township from any loss or damage to the building, structure, erection or other obstruction on the municipal public utility easement or any highway, or any expenses related thereto suffered by the applicant as a result of the Township constructing, using and maintaining the easement or the highway. 

Fees and charges form a charge upon the land in use in connection therewith and is payable and payment of it may be enforced in the like manner as taxes are payable and the payment of them may be enforced. 

Permits issued by the Township Engineer under authority of this by-law shall be as the attached Loyalist Township Encroachment Permit. 

If The Corporation of Loyalist Township obtains land with an encroachment, under any and all circumstances, the fees and charges, related to the initial application, can be waived or reduced at the Township Engineer's discretion. 

The provisions of this by-law shall not apply to:

a) work and equipment of any public utility,

b) signs, and

c) lawns, driveways or sidewalks. 

Any person who contravenes any provision of this by-law shall be guilty of an offence and, upon conviction, shall be liable to a fine not greater than $5,000.00. 

Encroachment permits issued under this by-law or previous by-laws from the former municipalities of The Corporation of the Township of Ernestown and The Corporation of the Village of Bath will remain valid until they reach their respective expiry date or ten years after the adoption date of this by-law whichever is less.

That By-law 2001-3 and any other by-laws or portions thereof conflicting with this by-law are hereby repealed.

Enacted and passed this 27th day of May, 2002.