Temporary Street Occupation Permits

Purpose statement

This procedure outlines the Temporary Street Occupation (TSO) Permit process and shall address public safety, traffic egress and ingress and the availability of the proposed location in conjunction with other approved Town of Oakville (town) activities or other uses of the right of way.

Scope

This procedure applies to the permitting of temporary street occupation activities within a municipal right of way under the jurisdiction of the town including utility companies that have entered into a Municipal Access Agreement (MAA) or Franchise Agreement.

This procedure does not apply to commercial patio permits which shall instead be governed by the Seasonal Commercial Patio Program.

Procedure

Permits and approval for temporary street occupations within the municipal right of way shall be issued by the Transportation and Engineering department and shall comply with all applicable by-laws, policy and regulations.

1. Application for permit

1.1 Applications for temporary street occupation permits must be submitted to the Director not less than 10 business days in advance of the proposed occupation date and shall include information that the Director may from time to time request, in the prescribed format, including any or all of the following:

1. a completed application in the form prescribed by the Director;
2. a detailed scalable plan showing:
   1. the proposed occupation location(s) and limits;
   2. all existing topographical and underground features/services, where applicable, and property boundary lines;
   3. street names, municipal addresses and a north arrow depicting true north;
   4. full engineering details with respect to the proposed occupation and its integration with existing features;
   5. detailed compliance with all relevant legislative, regulatory and applicable standards;
3. applicable fee(s) as set in the town’s current rates and fees schedule, in the form acceptable to the Director;
4. a security deposit in the form and amount acceptable to the Director representing the potential cost to repair any and all damages associated with the permitted occupation activity;
5. a certificate of general liability insurance with coverage limits as determined by the Director covering bodily injury and property damage with the town named as an additional insured, or co-insured as per the town’s general liability insurance requirements procedure is required to obtain a Business License from the town’s Municipal Enforcement Services department in accordance with the Town’s Business Licensing By-law, as amended;
6. if required by the Director, a save harmless letter stating that the applicant agrees to indemnify fully and save harmless the Town of Oakville, its officers, agents and employees from and against any and all actions, claims, demands, damage, loss or expense whatsoever arising from or incidental to the issuing of such permission, the occupation, excavation, or construction of any part of the road hereunder or the erection, continuance, want of repair or inadequacy in any respect whatsoever of any structure of thing erected, or purported to be erected pursuant to such permission, or in a form satisfactory to the Director; and
7. where applicable, a traffic management plan in accordance with Book 7, Temporary Conditions of the Ontario Traffic Manual, for excavation work on non-local roads, and such plan shall be acceptable to the Director.

1.2 In the event that the work or occupied area includes metered parking space(s), additional applicable fees for parking occupation is required per the town’s current rates and fees schedule

1.3 Should additional approvals be required on an application, the application may be delayed.

2. Permit regulations

2.1 All activities must be completed within the time frame outlined on the approved permit.

2.2 Required insurance policies must be effective prior to the commencement of any work within the municipal right of way and maintained until the expiry of the permit.

2.3 The permit is not transferable to different parties or contractors. 

2.4 Permit fees are non-refundable in whole or part.

2.5 The permit will only be issued for the area of municipal right of way directly abutting the applicant’s property and/or properties where written consent of the owner has been secured.

2.6 Every permit holder shall:

1. notify the Right of Way Management section of the Transportation and Engineering department, a minimum of 48 hours prior to commencing any permitted work;
2. shall keep the work site clean and safe at all times, which not to pose an unnecessary risk to the public;
3. employ measures to minimize the creation and/or migration of dust, mud and debris emanating from the permitted work. The Director of Municipal Enforcement Services may direct the permit holder to improve the level of dust control and work site cleanliness as deemed necessary;
4. comply with and be bound by the provisions of the Occupational Health and Safety Act, R.S.O. 1990, as amended; and
5. be responsible for all temporary and/or permanent reinstatement of all areas disturbed by the permitted work as detailed on the approved plans accompanying the work permit and to the satisfaction of the Director of Transportation and Engineering.

2.7 The permit must be available on-site and available for review at all times when work is actively underway.

2.8 The Director of Transportation and Engineering may impose additional conditions on the permit restricting the work and/or permit of work as deemed necessary.

2.9 No temporary street occupation shall impede the function of any drainage facility and the permit holder shall protect such facilities with appropriate protective devices as deemed necessary by the Director.

2.10 The applicant is responsible for ensuring that the work complies with the permit conditions and all other applicable by-laws, regulations and legislation. 

2.11 The applicant may be required to provide public notice in accordance with the Town’s Notice policy or where deemed necessary by the Director. Such compliance with the notice period may affect the planned commencement date of the permitted work however the town will not be responsible for such delays in complying with any public notice requirement.

2.12 As a minimum, the warranty period for any issued permit shall be valid for a period of 12 months beyond the date of the completion of the permanent restoration of the work area within the municipal right of way.  The Director reserves the right to:

1. extend the effective permit period where the permit holder undertakes remediation work on the initial permanent restoration work due to issues of unsatisfactory performance or for any reason deemed necessary by the Director; 
2. reduce the effective permit period where the permanent restoration works have, in the opinion of the Director, proven to be satisfactory or where other planned or permitted works in same area will disrupt the permanent restoration works completed by the permit holder; and
3. where the applicant is subject to the terms and conditions of a Municipal Access Agreement (MAA) or a Franchise Agreement, extend the warranty period to be coincident with the warranty requirements specified in the MAA or Franchise Agreement.

2.13 All posted securities for the permitted works shall be retained by the town until the expiration of the permit. Requests for security reduction due to partial performance of the permanent restoration works shall not be permitted.

2.14 The permit holder shall maintain temporary and permanent restoration works to the satisfaction of the Director.

2.15 Where the permit holder fails to comply with the conditions of the permit, the Director shall give verbal notice to the permit holder, specifying actions to be taken, which the permit holder must perform.

1. The verbal notice shall be confirmed in writing and served on the permit holder by registered mail to the permit holder’s address as stated in the application form or personally by hand.
2. If the permit holder does not act within the time prescribed in the written notice, the Director may order the work to be done at the permit holder's expense. 
3. All costs incurred by the town in performing such work shall be invoiced to the permit holder with an administrative fee of 50 per cent.
4. Failure to pay the invoice will result in the costs being deducted from any permit security.
5. Should there be no securities, the town reserves the right to take legal action against the permit holder, and revoke and/or reject any present and/or future Business License and permit applications under the permit holder’s name.

2.16 If the Director is of the opinion that the work has adversely affected traffic conditions and traffic flow, or created a situation which poses an unnecessary risk to the public, the Director shall direct the permit holder to undertake immediate steps to improve the situation and/or remove the risk.

1. If the Director cannot make direct contact with the permit holder within a reasonable amount of time or if the permit holder fails to act upon the direction given by the Director within four hours, the Director may order the work to be done by the town or others at the permit holder’s expense.
2. All costs incurred by the town in performing such work shall be invoiced to the permit holder with an administrative fee of 50 per cent.
3. Failure to pay the invoice will result in the costs being deducted from any permit deposit.
4. Should there be no securities, the town reserves the right to take legal action against the permit holder, and revoke and/or reject any present and/or future Business License application under the permit holder’s name.

2.17 The conditions placed on the permit shall be at the discretion of the Director.

3. Permit expiry

3.1 Immediately after the expiry of the time for which the permit has been issued, or after cancellation of the permit the applicant shall, at the permit holder’s expense and without notice to do so, remove from the municipal right of way all permitted things placed there under permit and shall restore the municipal right of way to a condition same or better than before the permitted occupation.

3.2 In the event of the permit holder refuses, neglects or fails to remove all permitted things placed there under the permit and restore the municipal right of way, the Director is hereby authorized to restore the municipal right of way as deemed necessary. 

1. All costs incurred by the town in performing such work shall be invoiced to the permit holder with an administrative fee of 50 per cent.
2. Failure to pay the invoice will result in the costs being deducted from any permit deposit.
3. Should there be no securities, the town reserves the right to take legal action against the permit holder, and revoke and/or reject any present and/or future Business License application under the permit holder’s name.

4. Covered walkways

4.1 Any permitted fence, hoarding or covered way shall be neatly painted a neutral colour and maintained in a sound structural condition and manner free of signs, poster or advertising material to the satisfaction of the Director.

4.2 Any covered walkway permitted for a period of 30 days or more must be constructed of wood, have its interior lit and have a sloped waterproof roof to the satisfaction of the Director.

5. Shoring/piling systems

5.1 Any permit allowing for shoring and/or piling systems to remain below ground upon expiration of the permit shall require the permit holder to:

1. remove the upper portion of all piling and/or shoring systems from the municipal right of way to a depth of 1.2 m (4 ft) or to such depth as determined by the Director;
2. certify the disengagement of all tieback systems from the piling and/or shoring system; and
3. backfill any areas excavated in the removal of piling and/or shoring systems with non shrinkable fill material.

6. Disposal bins

6.1    Disposal bins will not be permitted to occupy all or any part of a sidewalk, pathway, walkway or be placed in such a manner as to pose a danger to the traveling public.

6.2    Permitted disposal bins must be placed in accordance with Book 7, Temporary Conditions of the Ontario Traffic Manual which may require the permit holder to erect advance warning signs, barricades and delineators as necessary to ensure the occupied area is properly isolated from the travelling public and that public travel is properly directed around the occupied area.

6.3    Any permit allowing for the placement of a disposal bin shall require the permit holder to:

1. provide a flasher barricade or other comparable flasher warning device placed at each end of the disposal bin when the bin occupies the municipal right of way for any period of time between sunset and sunrise; and
2. ensure the disposal bin bears the name and telephone number of the company owning and providing the disposal bin.

7. Miscellaneous

7.1 Permits may be issued for the following occupations provided that such occupations do not interfere, or obstruct or pose a risk to the public in any way:

1. painting/placing house numbers on curbs;
2. community projects for roadside litter clean-up;
3. environmental Improvement initiatives such as marking/painting identification markers for drains and catch basins; and
4. installation of awning overhangs within commercial districts

7.2 Additional permits may be required from other town departments or public agencies.

Definitions

Director, means the Director of the Transportation and Engineering Department of the Town of Oakville or their designate.

Local Road is as defined by Schedule C of the town’s Transportation Plan within the Oakville Official Plan.

Non-Local Road, means not a local road.

Responsibilities

The Right of Way Management section of the Transportation and Engineering department is responsible for ensuring compliance, maintenance, interpretation of the procedure and the associated policy . Where the temporary street occupation is part of a site alteration permit or planning application, the Planning and Development department and the Inspections section of the Building Services department are responsible for compliance of this procedure.