A Road Occupancy Permit is required for all activities within the municipality's right-of-way, including:
- Utility companies that need to construct or maintain their infrastructure within the right-of-way. This includes installation and maintenance of above ground or below ground plant (including aerial wires and cables);
- Private contractors installing municipal services within the municipal right-of-way associated with an approved site or subdivision plan or servicing agreement;
- Private contractors requiring approval for a temporary lane closure for a mobile crane;
- Private contractors requiring approval for the placement of temporary scaffolding or hoarding within the municipal right-of-way;
- Temporary construction access for permission to cross the boulevard for construction activities on private property (i.e. construction of a pool, landscaping, etc.).
How do I apply?
Public Utility Contractors
Public Utility Contractors working on behalf of Bell Canada, Enbridge Consumers Gas, Rogers Cable, Newmarket Hydro, Atria Network, etc., can apply directly by downloading and completing the Road Occupancy Application Form. A sketch must be included showing the general location of the work in the drawing area on section 3 of the form.
Permit applications may be submitted in person or by mail.
For applicants that will be accessing a property through Road access, a permit fee of $80.00, plus an inspection fee of $135.00 and a security deposit of $2,000.00 is required payable to the Town of Newmarket by cheque/cash at the Municipal Operations Centre at 1275 Maple Hill Crt.
A valid insurance certificate must be submitted with the application naming the Town of Newmarket as the "Additional Insured", providing a minimum of $5,000,000 liability insurance. If lane restrictions are required, the applicant shall provide with the application a 'traffic protection plan' in accordance with "Book 7, Temporary Conditions" - Ontario Traffic Manual.
The applicant/contractor for this permit agrees to provide a minimum of $5,000,000 public liability insurance naming the Corporation of the Town of Newmarket as a co-insured party. The applicant/contractor also agrees and accepts full responsibility for the protection of all utilities, private property and persons affected by their operations and further agrees to indemnify the Town of Newmarket from any and all damages or claims of damages or injuries or claims for damage or injuries or accidents done to or caused by the applicant and/or the contractor, or the contractor's employees, as a result of their operations.
- The Town of Newmarket Public Works Services Department shall be notified 72 hours in advance of the starting date at (905) 895-5193, ext. 2550 or Fax (905) 953-5319.
- The Town of Newmarket Public Works Services Department shall be notified 72 hours in advance of any required watermain shutdowns at (905) 895-5193 ext. 2550.
- All utility locates must be obtained prior to start of work. Backfill/compaction/support of pipes, cables, etc. of all utilities shall be completed to the satisfaction of each individual utility company.
- A copy of a signed Road Occupancy Permit must be on site at all times.
- All work shall conform to the approved design drawings, standards and specifications of the Town of Newmarket.
- NO road closures will be permitted without the written approval of the Town of Newmarket.
- No work shall be permitted within the drip line of any tree without the site review by Public Works Services - Parks and Property Services Division. Contact Parks and Property Services 72 hours in advance at (905) 953-5300 (press 2) ext. 2580 to schedule the site review.
- The contractor agrees to implement and maintain a safe working environment in accordance with the regulations of the Occupational Health and Safety Act.
- All residential/business driveways shall NOT be closed without the written approval of the Director of Public Works Services.
- All works must be performed in accordance with the current "Ontario Traffic Manual, Book 7 – Temporary Conditions"
- A traffic management plan shall be provided to Public Works Services for approval and no works shall commence without an approved traffic management plan.
- The permit holder is required to hand deliver notices to all properties within the construction limits in advance of all scheduled work advising them of the project and providing contact information should any questions or issues arise. A sample letter is attached as Schedule 'A' that can be modified as required to suit the details for each particular project.
- The permit holder is required to take pre-construction photos of the entire area within the project limits. These must be made available upon request by the Town in the event that disputes arise regarding responsibility for damages.
- All excess material must be removed off site at the expense of the contractor.
- The contractor accepts the Town of Newmarket's right to perform any necessary corrective work resulting from the contractor's operation, subject to the following conditions:
All work shall be guaranteed for one full year after final inspection.
- i) The Director of Public Works Services or his designate will give the contractor 48 hours notice to rectify any remedial work required unless conditions warrant immediate attention
- ii) If the contractor fails to rectify the work requested by the Director of Public Works Services within the allotted time, the Director shall undertake to have the remedial work completed by forces at his discretion.
- iii) The Town of Newmarket will be reimbursed for all costs associated with (i & ii) above by the contractor.
Construction and Restoration Requirements
- All road crossings to be completed using trenchless technology. Open cutting of the road and/or removal of sidewalk is not permitted without prior written approval of the Town.
- Concrete Sidewalks, Curbs and Gutters. Sidewalks or curbs damaged or removed shall be replaced with 30 MPa concrete. Sidewalks shall be a minimum thickness of 125 mm (which shall comply with the latest amendment of Ontario Provincial Standard Specification (OPSS) 351-1 and 1350-1) on a minimum of 25mm Granular "A". Concrete thickness crossing driveways shall be increased to 180 mm. Between May 1 until October 15, only concrete mix will be accepted as a repair. All permanent concrete curb and sidewalk damaged or removed during this period must be completed immediately upon completion of job. Concrete sidewalk shall comply with Ontario Provincial Standard Drawing (OPSD) 310.010. All permanent concrete curb repairs shall conform to the appropriate OPSD standard. All sidewalk, curb and gutter damaged or removed during the winter months shall be restored immediately with 50 mm of cold mix asphalt until permanent concrete repairs are completed in the spring. All temporary repairs completed during the winter months must be fully restored by May 31 of the following year.
- Sodded Boulevards. Trenches shall be backfilled with native material to the original grade to a minimum of 95% of the maximum Standard Proctor Density. Top soil shall be screened and shredded fine enough to accept sod. Topsoil shall be free of stones, subsoil refuse or other extraneous material and shall be capable of sustaining healthy plant growth. All disturbed grass areas shall be restored with 100 mm of screened topsoil in accordance with Ontario Provincial Standards Specification (OPSS) 802.05.01 and Kentucky Bluegrass sod or Kentucky Bluegrass/Fine Fescue sod in accordance with OPSS 803.05.01 sunk to match existing sod in accordance with OPSS 803.07.04. T Slopes greater than 3:1 shall be staked to the grade to avoid movement. Disturbed areas must be sodded within 1 week of backfilling. The depth of topsoil shall be 100mm. The contractor shall maintain and guarantee the sod for the duration of the maintenance period and both supply and apply water as required. The contractor shall be responsible for all watering of new sod until sufficient growth has been established to the satisfaction of the Public Works Services Department. All excavations completed during the winter months must be fully restored with topsoil and sod by May 31 of each year.
- Backfilling – Asphalt, Roads and Driveways. Trenches in the street pavement (including curbs, driveways and under sidewalks) are to be backfilled with unshrinkable fill unless otherwise directed by the Director of Public Works Services or his designate. Fill area is to be protected with a steel plate until material is set. Unshrinkable fill specifications shall be 25 kg/m3 cement, concrete aggregates, 0.07 mPa (10PSI) within 24 hours and not to exceed 0.4 mPa (60 PSI) at 28 days, AEA to reduce segregation slump of 160 mm to 200 mm.
- Saw Cutting. On all portions of bituminous or concrete surfaced road or driveways, cutting must be done by means of saw cutting to leave a clean, straight edge with vertical sides. Alternative methods shall be as directed by the Director of Public Works Services or designate.
- Joints. All joints are to be stepped and all faces against which joints are to be made shall be painted with a thin, continuous and uniform coating of asphalt emulsion complying with OPSS form 1103, "Material Specification for Emulsified Asphalt."
- Asphalt Restoration. Road cuts in bituminous road surfaces shall be restored with cold mix asphalt during the winter months as a temporary patch only. As soon as hot mix asphalt becomes available in the spring, the temporary cold mix patch must be replaced with a minimum depth of 75 mm HL8 and 40 mm HL3 Hot Mix Asphalt or to match the depth of the existing pavement structure, whichever is greater. Once hot mix asphalt has been placed, all joints are to be sealed with rubberized asphalt. All temporary road cut restoration shall be maintained by the applicant. Workmanship and materials shall conform to the following OPSS specifications: OPSS Form 1150 - Specification for Hot Mix, Hot Laid Asphaltic Concrete
Driveway Restoration. Driveway crossings are to be bored. Open cutting of driveways is not permitted unless approved in writing by the Town. Driveways that are cut shall be restored to match the following minimum standards or to match the original depths (whichever is greater). Road Trenches. All road trenches shall be backfilled with 'unshrinkable Fill' and shall conform to OPSS 1359. The 'unshrinkable fill' shall extend 1m beyond the edge of the pavement. The traveled portion of the trench must be covered with steel plates for a maximum of 24 hours. When plates are utilized between November 1 and April 15, the Operations Department must be immediately notified. Hot Mix asphalt shall be placed the next day in accordance with Ontario Provincial Standard Specification (OPSS) 1150 or Cold Mix asphalt as a temporary measure due to field conditions. Driveways shall be restored to the same requirements as the road. All joints must be routed and filled with liquid asphalt. The exemption of 'unshrinkable fill' material for trench restoration is subject to the approval of the Director of Public Works Services or designate. Substitute material shall be Granular 'B' or material approved by the Director of Public Works Services or designate. Compaction of granular materials shall be 100% Proctor Dry Density. Inadequate Repairs. If the Town feels that the work completed is inadequate the restoration must be rectified, if the contractor does not complete the repairs to the satisfaction of the Town the Town will complete the restoration. All costs incurred by the Town related to construction or rectification of poor repairs will be recovered by direct invoicing to the applicant. For work performed by the Town, the Town will deem to identify the work as an emergency and the minimum cost will be based on the 'Emergency Work Performed for Developer or Other', as identified in the Town's Fees & Charges By-law (Schedule 'E').
- OPSS Form 1001 - Material Specification for Aggregates – General
- OPSS Form 1003 - Material Specification for Aggregates – Hot Mix Asphaltic Concrete
- OPSS Form 1101 - Material Specification for Asphalt Cement
- OPSS Form 1103 - Material Specification for Emulsified Asphalt
For more information, you may review the Road Occupancy Bylaw.