A Bylaw to Establish Minimum and Desirable Roadway Service Standards for County of Middlesex Highways - By-Law No. 6933

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A Bylaw to Establish Minimum and Desir­able Roa­dway Service Stan­dards for County of Middlesex Highways.

WHEREAS the Minister of Transportation has made a regulation establishing minimum standards of repair for highways and bridges;

AND WHEREAS the County of Middlesex wishes to establish both minimum and desirable standards of repair for Middlesex County highways;

WHEREAS section 5(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipal power shall be exercised by by-law;

AND WHERAS section 9 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act;

AND WHERAS section 10 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may pass by-laws respecting any service or thing that the municipality considers necessary or desirable for the public;

NOW THEREFORE THIS CORPORATION ENACTS AS FOLLOWS:

  1. That the highway classifications and standards attached hereto as Schedules A and B be here­by adopted and come into effect on the first day of July, 2018.
  2. That all operational activities of the municipal road department be directed to provide the desired roadway services as herein described to assure that the minimum standards are maintained.
  3. That neither this corporation nor its officials make any promise or assurance that roadway services will be in excess of the minimum standard herein defined.
  4. That By-law #5966 is hereby repealed effective July 1, 2018

PASSED IN COUNCIL this 26th day of June, 2018.

SCHEDULE "B" - CLASSIFICATION OF MIDDLESEX COUNTY HIGHWAYS

The following table modifies the table on Regulation 239/02 for application on Middlesex County Highways

CLASSIFICATION OF MIDDLESEX COUNTY HIGHWAYS

TABLE

 

POSTED SPEED IN KM. PER HOUR

Estimated average daily traffic908070605040
53,000 or more

1

1

1

1

1

1

23,000 to 52,999

1

1

2

2

2

2

15,000 to 22,999

1

2

2

2

3

3

12,000 to 14,999

1

2

2

2

3

3

10,000 to 11,999

1

2

2

3

3

3

8,000 to 9,999

1

2

3

3

3

3

6,000 to 7,999

2

2

3

3

4

4

5,000 to 5,999

2

2

3

3

4

4

4,000 to 4,999

2

3

3

3

4

4

3,000 to 3,999

2

3

3

3

4

4

2,000 to 2,999

2

3

3

4

4

4

1,000 to 1,999

3

3

3

4

4

4

500 to 999

3

4

4

4

4

4

499 or less

3

4

4

4

4

4

SCHEDULE “B” - MINIMUM AND DESIRABLE MAINTENANCE STANDARDS

Application:

  1. These standards are not intended to be applied to construction projects where the appropriate signage is in place.
  2. These standards do not apply to a road that has been closed to traffic.
  3. These standards do not apply during a significant weather event.
  4. These standards do not apply to a closed highway.
  5. Erecting appropriate signage is an acceptable method of addressing deficiencies.

1. Routine Patrolling

  1. The minimum standard for the frequency of patrolling of highways to check for conditions described in this by-law is set out in the table to this section.
  2. During the winter maintenance season (between November 1st and April 15th) the County will patrol highways the County selects as representative of its highways, as necessary, to check for conditions prescribed in this by-law.
  3. Patrolling a highway consists of observing the highway, either by driving on or by electronically monitoring the highway, and may be performed by persons responsible for patrolling highways or by persons responsible for performing highway maintenance activities.

TABLE

PATROLLING FREQUENCY

CLASSIFICATIONMINIMUM STANDARDDE­SIR­ABLE STANDARD
13 times every seven days3 times every seven days
22 times every seven days2 times every seven days
3once every seven daysonce every seven days
4once every fourteen daysonce every seven days

2. Snow Accumulation 

The minimum standard for clearing snow from County Highways is:

  1. While snow continues to accumulate, to deploy resources to clear the snow as soon as possible after becoming aware of the fact that the snow accumulation on a roadway is greater than the depth set out in the Table to this section; and after the snow accumulation has ended and after becoming aware that the snow accumulation is greater than the depth set out in the table to this section, to clear the snow accumulation as provided in paragraphs 2 and 3 within the time set out in the table.
  2. The snow accumulation must be cleared to a depth less than or equal to the depth set out in the Table.
  3. The snow accumulation must be cleared from the roadway to provide a lane width of the lesser of three metres for each lane or the actual lane width.
  4. This section only applies during the season when Middlesex County performs winter highway maintenance (between November 1st and April 15th).
  5. This section does not apply to that portion on the roadway designated for parking.

  6. In this section, ‘snow accumulation’ means the natural accumulation of new fallen snow, wind-blown snow, and/or slush that covers more than half a lane width of a roadway

    TABLE

     SNOW ACCUMULATION MINIMUM STAN­DARDSNOW ACCUMULATION DE­SIR­ABLE STAN­DARD
    CLASSIFICATIONDepthTimeDepthTime
    12.5 cm.4 hours1 cm4 hours
    25 cm6 hours2.5 cm5 hours
    38 cm12 hours4 cm8 hours
    48 cm16 hours4 cm8 hours

3. Icy Roadways

The standard for treating icy roadways is to deploy resources to treat an icy roadway as soon as practicable after becoming aware that the roadway is icy; and to treat the icy roadway within the time set out in the table to this section after becoming aware that the roadway is icy.

TABLE

ICY ROADWAYS

CLASSIFICATIONMINIMUM STANDARD TIMEDE­SIR­ABLE STANDARD TIME
13 hours3 hours
24 hours4 hours
38 hours6 hours
412 hours6 hours

4. Potholes

If a pothole exceeds both the surface area and depth set out in Table 1, 2, or 3 to this section, as the case may be, the minimum and desirable standard is to repair the pothole within the time set out in Table 1, 2, or 3, as appropriate, after becoming aware of the fact.

A pothole shall be deemed to be repaired if its surface area or depth is less than or equal to that set out in Table 1, 2, or 3, as appropriate. 

TABLE 1 - POTHOLES ON PAVED SURFACE OF ROADWAY

 MINIMUM STAN­DARDDE­SIR­ABLE STAN­DARD
CLASSIFICATIONSurface AreaDepthTimeSurface AreaDepthTime
1600 sq cm8 cm4 days400 sq cm8 cm2 days
2800 sq cm8 cm4 days400 sq cm8 cm2 days
31000 sq cm8 cm7 days400 sq cm8 cm2 days
41000 sq cm8 cm14 days400 sq cm8 cm2 days

TABLE 2 - POTHOLES ON NON-PAVED SURFACE OF ROADWAY

 MINIMUM STAN­DARDDE­SIR­ABLE STAN­DARD
CLASSIFICATIONSurface AreaDepthTimeSurface AreaDepthTime
31500 sq cm8 cm7 days1000 sq cm8 cm5 days
41500 sq cm10 cm14 days1000 sq cm8 cm5 days

TABLE 3 - POTHOLES ON PAVED OR NON-PAVED SURFACE OF SHOULDER

 MINIMUM STAN­DARDDE­SIR­ABLE STAN­DARD
CLASSIFICATIONSurface AreaDepthTimeSurface AreaDepthTime
11500 sq cm8 cm7 days900 sq cm8 cm4 days
21500 sq cm8 cm7 days900 sq cm8 cm6 days
31500 sq cm8 cm14 days900 sq cm8 cm10 days
41500 sq cm10 cm30 days900 sq cm8 cm10 days

5. Shoulder Drop-offs

Shoulder drop-off means the vertical differential where the paved surface of the roadway is higher than the surface of the shoulder, between the paved surface of the roadway and the paved or non-paved surface of the shoulder.

If a shoulder drop-off is deeper, for a continuous distance of 20 metres or more, than the depth set out in the Table to this section, the minimum or desirable standard is to repair the shoulder drop-off within the time set out in the Table after becoming aware of the fact.

A shoulder drop-off shall be deemed to be repaired if its depth is less than or equal to that set out in the Table.

TABLE

 SHOULDER DROP-OFF MINIMUM STAN­DARD

SHOULDER DROP-OFF  

DE­SIR­ABLE STAN­DARD

CLASSIFICATIONDepthTimeDepthTime
18 cm4 days6 cm4 days
28 cm4 days6 cm4 days
38 cm7 days7 cm7 days
48 cm14 days7 cm7 days

6. Cracks

If a crack on the paved surface of a roadway is greater, for a continuous distance of three metres or more, than both the width and depth set out in the Table to this section, the minimum standard is to repair the crack within the time set out in the Table after becoming aware of the fact.

A crack shall be deemed to be repaired if its width or depth is less or equal to that set out in the table. 

TABLE

 

CRACKS MINIMUM 

STAN­DARD

CRACKS DE­SIR­ABLE  

STAN­DARD

CLASSIFICATIONWidthDepthTimeWidthDepthTime
15 cm5 cm30 days5 cm5 cm30 days
25 cm5 cm30 days5 cm5 cm30 days
35 cm5 cm60 days5 cm5 cm60 days
45 cm5 cm180 days5 cm5 cm60 days

7. Debris

“Debris” means any material or objects on a roadway that is not an integral part of the roadway or has not been intentionally placed on the roadway by the County and that is reasonably likely to cause damage to a motor vehicle or to injure a person in a motor vehicle.

If there is debris on a roadway, the minimum standard is to deploy resources, as soon as practicable after becoming aware of the fact, to remove the debris. 

8. Luminaires

The minimum standard for the frequency of inspection all luminaires to check to see that they are functional is once per calendar year and not more than 16 months apart.

Sections 1, 2, & 3 listed below only apply to Class 1 and 2 highways and Class 3 highways with a posted speed of 80 kilometres per hour or more.

  1. For conventional illumination, if three or more consecutive luminaires on a highway are not functioning, the minimum standard is to repair the luminaires within the time set out in the Table to this section after becoming aware of the fact. 
  2. For conventional illumination and high mast illumination, if 30% or more of the luminair­es on any kilometre of highway are not functioning, the minimum standard is to repair the luminaires within the time set out in the Table to this section after becoming aware of the fact. 
  3. If more than 50% of the luminair­es on any kilometre of a Class 1 highway with a speed limit of 90 kilometres per hour or more are not functioning, the minimum standard is to deploy resources as soon as practicable after becoming aware of the fact to repair the luminaires.
  4. Luminaires shall be deemed to be repaired if: 
    1. for the purposes of Section1, the number of non-functioning luminaires does not exceed two.
    2. for the purposes of Section 2, more that 70% of the luminaires on any kilometre of highway are functioning;
    3. for the purposes of Section 3, more that 50% of the luminaires on any kilometre of highway are functioning.

TABLE

LUMINAIRES

CLASSIFICATIONMINIMUM STANDARD TIMEDE­SIR­ABLE STANDARD TIME
17 days4 days
27 days4 days
314 days7 days
414 days7 days

9. Signs

If any sign of a type listed in subsection (2) is illegible, improperly oriented, obscured or missing, the minimum standard is to deploy resources as soon as practicable after becoming aware of the fact to repair or replace the sign.

(2) This section applies to the following types of signs:

  1. Checkerboard.
  2. Curve sign with advisory speed tab.
  3. Do not enter.
  4. Load Restricted Bridge.
  5. Low Bridge.
  6. Low Bridge Ahead.
  7. One Way.
  8. School zone Speed Limit.
  9. Stop.
  10. Stop Ahead.
  11. Stop Ahead, New.
  12. Traffic Signal Ahead, New.
  13. Two-Way Traffic Ahead.
  14. Wrong Way.
  15. Yield.
  16. Yield Ahead.
  17. Yield Ahead, New

10. Regulatory or warning signs

  1. The minimum standard for the frequency of inspecting regulatory signs or warning signs to check to see that they meet the retro-reflectivity requirements of the Ontario Traffic Manual is once per calendar year with inspections no more than 16 months apart.
  2. If a regulatory or warning sign other than a sign listed above is illegible, improperly oriented, obscured or missing, the minimum standard is to repair or replace the sign within the time set out in the Table to this section after becoming aware of the fact.
  3. In this section, “regulatory sign” and “warning sign” have the same meanings as in the Ontario Traffic Manual, except that they do not include a sign listed in the above section.

TABLE

REGULATORY OR WARNING SIGNS

Class of Highway

Minimum Standard Time

Desirable Standard time

1

7 days

5 days

2

14 days 

7 days

3

21 days

14 days

4

30 days

14 days

11. Traffic control signal systems

(1) If a traffic control signal system is defective in any way described in subsection (2), the minimum standard is to deploy resources as soon as practicable after becoming aware of the defect to repair the defect or replace the defective component of the traffic control signal system.

(2) this section applies if a traffic control signal system is defective in any of the following ways:

  1. One or more displays show conflicting signal indications. 
  2. The angle of a traffic control signal or pedestrian control indication has been changed in such a way that the traffic or pedestrian facing it does not have clear visibility of the information conveyed or that it conveys confusing information to traffic or pedestrians facing other directions.
  3. A phase required to allow a pedestrian or vehicle to safely travel through an intersection fails to occur.
  4. There are phase or cycle timing errors interfering with the ability of a pedestrian or vehicle to safely travel through an intersection.
  5. There is a power failure in the traffic control signal system.
  6. The traffic control signal system cabinet has been displaced from its proper position.
  7. There is a failure of any of the traffic control signal support structures.
  8. A signal lamp or a pedestrian control Indication is not functioning.
  9. Signals are flashing when flashing mode is not a part of the normal signal operation.

(3) Despite subsection (1) and Paragraph 8 of subsection (2), if the posted speed of all approaches to the intersection or location of the non-functioning signal lamp or pedestrian control indication is less than 80 kilometres per hour and the signal that is not functioning is a green or a pedestrian “walk” signal, the minimum standard is to repair or replace the defective component by the end of the next business day.

(4) In this section and section 14,

“cycle” means a complete sequence of traffic control indications at a location;

“display” means the illuminated and non-illuminated signals facing the traffic;

“indication” has the same meaning as in the Highway Traffic Act;

“phase” means a part of a cycle from the time where one or more traffic directions receive a green indication to the time where one or more different traffic directions receive a green indication;

“power failure”@ means a reduction in power or a loss in power preventing the traffic control signal system from operating as intended;

“traffic control signal” has the same meaning as in the Highway Traffic Act;

“traffic control signal system” has the same meaning as in the Highway Traffic Act; 

13. Bridge deck spalls

(1) If a bridge deck spall exceeds both the surface area and depth set out in the Table to this section, the minimum standard is to repair the bridge deck spall within the time set out in the Table after becoming aware of the fact.

(2) The bridge deck spall shall be deemed to be repaired if its surface area or depth is less than or equal to that set out in the Table.

(3) In this section,

“bridge deck spall” means a cavity left by one or more fragments detaching from the paved surface of the roadway or shoulder of a bridge.

TABLE

BRIDGE DECK SPALLS

 MINIMUM STAN­DARDDE­SIR­ABLE STAN­DARD
CLASSIFICATIONSurface AreaDepthTimeSurface AreaDepthTime
1600 sq cm8 cm4 days400 sq cm8 cm2 days
2800 sq cm8 cm4 days400 sq cm8 cm3 days
31000 sq cm8 cm7 days400 sq cm8 cm4 days
41000 sq cm8 cm7 days400 sq cm8 cm4 days

14. Surface Discontinuities

(1)      If a surface discontinuity, other than a surface discontinuity on a bridge deck exceeds the height set out in the Table to this section, the minimum standard is to repair the surface discontinuity within the time set out in the Table after becoming aware of the fact.

(2)      If a surface discontinuity on a bridge deck exceeds 5 cm, the minimum standard is to deploy resources as soon as practicable after becoming aware of the fact to repair the surface discontinuity on the bridge deck.

(3)      In this section,

“surface discontinuity” means a vertical discontinuity creating a step formation at joints or cracks in the paved surface of the roadway, including bridge deck joints, expansion joints and approach slabs to a bridge.

TABLE

SURFACE DISCONTINUITIES

 Minimum StandardDesirable Standard
CLASSIFICATIONHeightTimeHeightTime
15 cm2 days5 cm2 days
25 cm2 days5 cm2 days
35 cm7 days5 cm4 days
45 cm21 days5 cm4 days

DEFINI­TIONS

cm...means centimetres

Day...means a 24 hour period

Desirable...describes that level of service standard which the roadway auth­ority has established as an objective for road depart­ment oper­ations.

Motor Vehicle...has the same meaning as in subsection 1 (1) of the Highway Traffic Act, except that it does not include a motor assisted bicycle

Roadway...has the same meaning as in subsection 1 (1) of the Highway Traffic Act.

Shoulder...means the portion of a highway that provides lateral support to the roadway and that may accommodate stopped motor vehicles and emergency use.

Significant weather event…means an approaching or occurring weather hazard with the potential to pose significant danger to users of highways within a municipality

Surface...means the top of a roadway or shoulder.

By-Law No. Date Passed in Council
#6933June 26, 2018