Road superintendent Larry Van Wyck has asked for direction on how to handle situations where entrances have been installed onto town roads without a permit.
Council passed a bylaw in 2010 and currently there are three entrances created that do not meet its standards.
Van Wyck said one individual applied for a permit, but the permit was for a different location – yet the person continues to use an entrance that does not meet municipal standards.
He said without giving specific names, he has a location on Sideroad 27 where the owner installed an entrance that is unacceptable.
He said the owner, who was notified, told municipal staff the entrance would be relocated, but nothing has happened. The owner continues to use that entrance.
Van Wyck said the municipality could be placing itself in a position of being liable should an accident occur as a result of a vehicle coming in or out of that driveway.
“In addition, it sets a bad precedent for others, when people are told what the standards are – but ignore this particular instance,” Van Wyck said.
He cited two other situations where driveways were installed without getting permits. He suspects neither entrance meets the physical requirements as outlined in the Erin bylaw.
One property owner on the 10th Line installed a second driveway to his property. That entrance is located at the bottom of two hills and in Van Wyck’s estimation, worse than the original location.
He said there are three residences close to that site with entrances, none of which would meet safety requirements.
Van Wyck said in the past such entrances were built with little or no regard for safety.
In yet another area, the town has done considerable work to increase visibility at a particular intersection, only to have a resident opt to install a nearby secondary driveway that does not have adequate sight lines.
“I’m concerned with the liability … especially where the town has tried to provide safe visibility … and have a landowner not ask for any permission to install an entrance.”
Councillor Barb Tocher said, “It may sound a little harsh, but these illegal entrances, for lack of a better word – the culvert is in our right of way [if there is one] – a backhoe would take care of it.”
“Absolutely,” said Van Wyck.
However, he said council would know ahead of time before he takes action.
He suggested the landowner be given a letter and a deadline to remove the entrance, before the town takes action.
“I would prefer to have [council’s] blessing to give the person a period of time in which to remove. If not, we’ll remove it.”
Councillor Deb Callaghan asked if the bylaw gave Van Wyck that authority. She said the bylaw outlines what a person should do, but there is no penalty section.
“Is there some piece of legislation which allows for you to do that?”
Van Wyck said, “I’ll find it.”
He said landowners need permission to install the driveway over municipal property to reach the road.
Mayor Lou Maieron asked if previous letters outlined deadlines to remedy such situations.
Van Wyck said one property owner was told to cease use immediately. “It has had absolutely no effect.”
Callaghan asked what the incentive is to comply. “Why would you if there are no consequences?”
Van Wyck said this is just one of several issues in which that person has ignored the rules.
Maieron asked for suggestions from Van Wyck.
The road superintendent said he will look into it further, but stated the municipality can restrict access and remove entrances.
Van Wyck also believed there is a communication issue,
“We have to let people know they cannot install a driveway where ever they wish. If it’s in a bad spot, there’s little else we can do once it is there.”
Maieron asked to wait until more information is available.
“By not doing anything, we are assuming the liability,” Van Wyck warned.
To eliminate the liability, he said the town needs to find a way to rectify the problem.
He added Erin’s bylaw is fairly similar to Wellington County’s entrance bylaw.
Councillor John Brennan said council should consider amending the town bylaw to include provisions to give the bylaw some teeth – “to make it more effective.”
