Abbotsford : Règlement no 3066, art. 12(2) — Street and Traffic Bylaw, 2021

Despite section 13 (2) [permits to a person], the general manager must issue a highway excavation permit to a utility company if the following conditions are met:

• (a) the utility company submits an application for the highway excavation permit in the form and manner required by the general manager;
• (b) the works set out in the application conforms with all enactments;
• (c) the utility company provides a security deposit, or otherwise satisfies the general manager that the utility company will bear restoration costs for the highway;
• (d) the utility company enters into
• (i) an agreement in respect of the works, or
• (ii) a municipal access agreement. Permits to a Canadian carrier or a distribution undertaking 15 Despite section 13 [permits to a person], the general manager must issue a highway use permit or a highway excavation permit, as applicable, to a Canadian carrier or a distribution undertaking if the Canadian carrier or the distribution undertaking enters into a municipal access agreement. Suspension of a permit 16 Without limiting section 7 [power to amend, suspend and revoke permits], the general manager may suspend
• (a) a highway use permit if the highway use is not carried out to the satisfaction of the general manager, or
• (b) a highway excavation permit if the works are not carried out to the satisfaction of the general manager. Division 2 - Terms and Conditions of Permits General terms and conditions 17 (1) The following are terms and conditions of every highway use permit:
• (a) the highway use permit is only valid for the specific highway use authorized under the highway use permit;
• (b) any alteration, replacement, addition or third party agreement respecting the highway use must be covered by a separate highway use permit;
• (c) the general manager may revoke the highway use permit, without recourse by the permit holder, if the permit holder fails to comply with the terms and conditions of the highway use permit and this bylaw;
• (d) permission granted under the highway use permit to carry out a highway use is cancelled if the land in, on or over which the highway use is carried out is no longer under the jurisdiction of the City;
• (e) the highway use permit is not granted indefinitely;
• (f) the highway use permit does not vest in the permit holder any right, title or interest in the land on which the highway use is carried out;
• (g) if a permit holder fails to repair damage or fulfill a term or condition of the highway use permit within a specified time,
• (i) the City may carry out the repair or fulfill the term or condition that is not met and deduct the costs of such from the security deposit,
• (ii) if the security deposit is insufficient to cover such costs, the permit holder must pay the balance of the costs on demand, and
• (iii) if there is a balance of the security deposit after the deductions under subparagraph
• (i) have been made, the City pays the balance to the permit holder, less an administration fee of $150.