1993-008 Medonte
TOWNSHIP OF MEDONTE
BY-LAW NUMBER 1993-08
Being a by-law to regulate the construction of driveway entrances upon the highways under the
jurisdiction of the Corporation of the Township of Medonte.
WHEREAS the Municipal Act, R.S.O., 1990, Chapter M.45, S.308, provides for the permitting
of the making of opening in highways;
AND WHEREAS the Municipal Act, R.S.O., 1990, Chapter M.45, S.207, ss.16, provides for the
prohibition of the obstruction of any drain or watercourse;
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AND WHEREAS the Municipal Act, R.S.O., 1990, Chapter M.45, S.207, ss.17, provides for the
regulation of the size and mode of the construction of culverts that cross any drain or
watercourse situated on a highway;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF MEDONTE ENACTS AS FOLLOWS:
1. DEFINITIONS:
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(a)
"Applicanf'
means a person being the owners of a lot or his
authorized agent applying for an Entrance
Permit.
(b)
"Council"
means the Municipal Council of the Corporation
of the Township of Medonte.
(c)
"Road Superintendent'
means the Roads Superintendent of the Township
of Medonte or his designated representative.
(d)
"Entrance"
means any private driveway, gate entranceway
or other structure or facility constructed as a
means of access to a municipal roadway.
(e)
"Boulevards"
means any part of a highway where grass is
grown of which is not intended for use of
vehicles between the curb or outside edge of the
shoulder or roadway inclusive of the area covered
by a sidewalk or footpath.
(fJ
"Street Line"
means the line dividing a private lot and the
road allowance.
(g)
"Highway"
means any public right-of-way which includes
alley, avenues, boulevards, circles, courts, drives,
highways, coves, paths, places, roads, streets,
terraces, walks, under the jurisdiction of the
Township of Medonte.
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(h)
"Structure"
means anything constructed or erected, the use
of which requires location on the ground or
attached to something having location on the
ground and used for the shelter or
accommodation of persons, . animals, or goods.
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(i)
"Township"
means the Corporation of the Township of
Medonte.
2. SHORT TITLE:
This by-law shall be cited as the "Roadway Entrance By-law".
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Township of Medonte,
By-law Number 1993-08
Page 2
3. ENTRANCE PERMITS:
(a) No person shall construct, alter, relocate or use an entrance upon a
highway under the jurisdiction of the Township except under the
authority of an Entrance Permit.
(b) No person shall:
i)
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iii)
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change a temporary entrance to a permanent entrance.
create a structure on vacant land,
change a use of a land, or
apply asphalt, concrete or any type of endwalls to an entrance
without first having obtained an entrance permit.
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4.
ISSUANCE OF ENTRANCE PERMITS:
The Road Superintendent or the Council may issue an entrance permit to an
applicant having regard to the following:
(a)
i)
location, width and proposed use of the entrance,
ii) sight distance along the road,
iii) location of trees and public utility services,
(b) upon receipt of an official "Entrance Permit Application",
and
(c) upon payment of the applicable fee set out in Schedule "A" attached to
the forming part of the by-law.
5. CONSTRUCTION OF ENTRANCE
(a) No person shall perform any work upon a highway without the prior
consent of the Council or the Road Superintendent.
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6.
OBSTRUCTION PROHIBITED:
(a) No person shall tile or cover a boulevard, except under authority of and
in accordance with the conditions of an entrance permit.
(b) No person shall obstruct any drain, ditch or watercourse situate on any
highway under the jurisdiction of the Township.
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7.
MAINTENANCE OF ENTRANCES
(a) Nothing in this by-law shall be construed as placing an obligation upon
the Township for maintenance of the driven surface of an entrance
constructed pursuant to a permit issued by the Road Superintendent.
(b) Notwithstanding to the provisions of Section 7(a) of this by-law, the
Road Superintendent is hereby authorized and directed to maintain and
replace any culvert installed pursuant to this by-law.
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Township of Medonte,
By-law Number 1993-08
Page 3
8. PENALTY
(a) It shall be an offence to perform any act which is contrary to the
provision of this by-law.
(b) Any person who is guilty of an offence pursuant to the provisions of
this by-law is upon conviction liable to a fine under section 61, of the
Provincial Offences Act R.B.D. 1990, Chapter P. 33.
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9.
SEVERABH.JTY:
Every provision of this by-law is declared to be severable from the remainder
of the by-law, and if any provision of this by-law shall be declared invalid by
a court of competent jurisdiction, such declaration shall not be affect the
validity of the remainder thereof.
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10.
REPEAL OF THE LAWS:
This is the first Roadway Entrance By-law for the Corporation of the Township
of Medonte.
Read a first, second and third time,
and finally passed in open Council,
this 22nd day of February, 1993.
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Reeve
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SCHEDULE "A"
BY-LAW NUMBER 1993-08
1. The fee for the "Entrance Permit Application" is $35.00.
No fee is required for a property entrance when in conjunction with the written
approval required as a condition in a new lot severance.
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