1994-099 To Regulate the construction of driveway entrances upon the highways under the jurisdiction of the Corporation of the Township of Oro-Medonte
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CORPORATION OF THE TOWNSHIP OF ORO-KEDONTE
BY-LAW NO. 94-99
Being a By-law to regulate the construction of driveway entrances
upon the highways under the jurisdiction of The corporation of the
Township of Oro-Kedonte.
WHEREAS the Municipal Act, R.S.O., 1990, Chapter M.45, 5.308,
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;
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 corporation of the Township of Oro-Medonte enacts
as follows:
1. DEFINITIONS:
(a) "Applicant"
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 Oro-Medonte.
(c) "Public Works
Administrator"
means the Public Works
Administrator of the Township
of Oro-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.
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(f) "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
Oro-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.
(i) "Township"
means The Corporation of the
Township of Oro-Medonte.
2. SHORT TITLE
This by-law shall be cited as the "Roadway Entrance By-law".
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)
change a temporary entrance to a permanent
entrance.
(ii)
(iii)
(iv)
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.
4. ISSUANCE OF ENTRANCE PERMITS
The Public Works Administrator or the Council may
entrance permit to an applicant having regard
following; ;
issue an
to the
(a)
(i)
location, width and proposed use of the
entrance,
(ii)
( iii)
sight distance along the road,
location of trees and public utility services,
(b) upon receipt
Application",
of
an
official
"Entrance
Permit
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and
(c) upon payment of the applicable fee set out in Schedule
"A" attached to and forming part of this by-law.
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5. CONSTRUCTION OF ENTRANCE
(a) No person shall perform any work upon a highway without
the prior consent of the Councilor the Public Works
Administrator.
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.
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 Public Works Administrator.
(b) Notwithstanding the provisions of section 7(a) of this
by-law, the Public Works Administrator is hereby
authorized and directed to maintain and replace any
culvert installed pursuant to this by-law.
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 violates any provision of this By-law,
upon conviction, is guilty of an offence and shall be
liable to a fine in an amount to be determined pursuant
to the Provincial Offences Act, R.S.O. 1990, Chapter
P.33.
9 . SEVERABILITY
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 affect the validity
of the remainder thereof.
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~ 0 _ REPEAt! OF 'rUE ~WS
That By-~a~ No. 6~O of the fo~er TownshiP of oro and By-~aW
NO. ~993-08 of the former TO_ship of Medonte are herebY
repealed-
~~. That this By-~aw sha~~ come into fU~~ force and effect on its
final passing thereof-
READ a first and second time thiS 1st daY of June
, ~994-
READ a third time and finallY passed this 1st day of June
~994:.
'f1I,E CORPORAT:tON OF TllE ToWNSll:tP OF 01l.0-ICIJ)ONTE
tY /gJ
DEPUTY 1IAYOll.~J(~x:tAN BE!\RD
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SCHEDULE "A"
BY-LAW NO. 94-99
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.