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

The following are terms and conditions of every highway excavation permit:

• (a) the highway excavation permit is only valid for the specific works authorized under the highway excavation permit;
• (b) any alteration, replacement, addition or third party agreement respecting the works must be covered by a separate highway excavation permit;
• (c) the general manager may revoke the highway excavation permit, without recourse by the permit holder, if the permit holder fails to comply with the terms and conditions of the highway excavation permit and this bylaw;
• (d) permission granted under the highway excavation permit to use or maintain works is cancelled if the land in, on or over which the works are constructed is no longer under the jurisdiction of the City;
• (e) the highway excavation permit is not granted indefinitely;
• (f) the highway excavation permit does not vest in the permit holder any right, title or interest in or to the works or land on which the works are constructed;
• (g) if a utility or other works are constructed on land that is under the jurisdiction of the City and the City intends to relinquish its jurisdiction of the land, the City must take reasonable steps to enable the owner of the works to
• (i) relocate the works, or
• (ii) obtain an easement or a right-of-way for the purpose of continuing to operate or maintain the works;
• (h) if a permit holder fails to repair damage, submit "as-constructed" drawings or fulfill a term or condition of the highway excavation 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.
• (i) Subject to a written agreement, works carried out in, on or through City land, other than temporary works and works of a utility company,
• (i) become the property of the City upon completion, and
• (ii) must not be modified, destroyed or removed after completion, unless a highway excavation permit is obtained.
• (j) The permit holder must conduct and maintain a current risk assessment for traffic management and control to determine the level of traffic management required for the project and implement the traffic management recommendations. [B/L 3569-2024] Relocation of works 18 (1) If a holder of a highway use permit receives written notice of the intention of the City to construct, extend, alter or improve any works, the permit holder must move or alter the location of the highway use, at the expense of the permit holder, to a new position or in

a manner as necessitated by the construction, extension, alteration or improvement proposed to be carried out by the City.