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Abbotsford : Règlement no 3066, art. 12(5) — Street and Traffic Bylaw, 2021

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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] Construction activities 19 (1) The following are terms and conditions of every highway use permit and highway excavation permit that includes construction activities:

  • (a) the works must be carried out to the satisfaction of the general manager and in accordance with
  • (i) an approved plan,
  • (ii) a municipal access agreement,
  • (iii) an agreement in respect of the works, and
  • (iv) the engineering standards;
  • (b) if the engineering standards reference the Master Municipal Construction Documents, the general manager may direct that
  • (i) the works be carried out in the same manner as the contract administrator as defined in the Master Municipal Construction Documents, and
  • (ii) the permit holder is liable to pay the cost of the direction;
  • (c) the permit holder must give written notice to the general manager at least 7 days before the permit holder intends to excavate a highway or interfere with a works;
  • (d) a person appointed by the general manager for inspection purposes must be given free and unrestricted access to all parts of the works;
  • (e) the works must be identified with a permit number in a manner satisfactory to the general manager;
  • (f) at all times that work is carried out,
  • (i) traffic conditions must be maintained as near normal as possible, and
  • (ii) inconvenience to an occupant of abutting property and the general public must be minimized;
  • (g) the permit holder may temporarily close a highway if
  • (i) the permit holder obtains written permission from the general manager for the period of time specified by the permit holder, and
  • (ii) the general manager considers the closure to be necessary for carrying out the works or other highway use,
  • (iii) the permit holder provides notice of the closure to the public, or as directed by the general manager;
  • (h) the permit holder must take every reasonable precaution to ensure that the area of the works or highway use is safe for the public, including by fencing, illuminating or guarding obstructions in respect of the works or highway use;
  • (i) the permit holder must accept full responsibility for any accident, loss, damage or injury, including death, that results, directly or indirectly, from carrying out the works or highway use;
  • (j) the permit holder must indemnify and save harmless the City from any claim or demand in respect of the works or highway use, except to the extent that such claim or demand is the result of a willful act or negligence of the City, an employee, agent or contractor of the City;
  • (k) the works must not be carried out outside of the hours between 7:00 a.m. and 9:00 p.m., Monday through Saturday, unless
  • (i) the permit holder obtains written consent from the general manager to carry out the works at another hour, or
  • (ii) an emergency occurs requiring that the works be carried out outside of those hours;
  • (l) the permit holder must not interfere with an existing utility, unless the permit holder obtains the written consent of the general manager and the owner of the utility;
  • (m) the permit holder is liable to pay the costs incurred by an owner of a utility, including

a utility owned by the City, for moving the existing utility to accommodate works,

unless the owner agrees otherwise;

  • (n) the permit holder must
  • (i) support and protect every pipe, conduit, pole, wire or other apparatus that may be affected by the works, and
  • (ii) take all necessary steps to support, sustain and protect them under, over and along or across the works;
  • (o) the permit holder must take all necessary steps to protect an underground utility that may be affected by the works against damage;
  • (p) the permit holder is liable to pay the costs incurred by an owner of a utility to repair damage caused by the permit holder to the utility, including a pipe, conduit, pole, wire or apparatus, or coating of a pipe or other encasement or device;
  • (q) the permit holder is responsible for damage to public or private property due to the breakage of a water pipe, sewer, gas pipe, electric conduit or other utility;
  • (r) the permit holder must not remove or disturb a monument set for the purpose of locating or preserving lines of a highway or property subdivision, a precise survey,

a reference point or a permanent survey bench mark, unless the permit holder

  • (i) obtains written permission from the general manager, and
  • (ii) pays all costs in respect of the proper replacement of the monument or survey bench mark;
  • (s) the permit holder must provide and maintain access to a private driveway, laneway or loading zone affected by the works at all times, other than when actual construction operations are being carried out and access cannot be practically provided or maintained; [B/L 3569-2024]
  • (t) before closing a private driveway or loading zone, the permit holder must notify any persons who are affected by the closure and who may need to move a vehicle. [B/L 3569-2024]

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