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Home My WebLink AboutPSD-022-12 Clafingt011 REPORT PLANNING VI Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 23, 2012 Resolution#: l drt By-law#: 4 , Report#: PSD-022-12 File#: PLN 33.4 Subject: PORT GRANBY PROJECT: BY-LAW TO TEMPORARILY RESTRICT THE USE OF ELLIOTT ROAD RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-022-12 be received; 2. THAT, pursuant to Section 35 of the Municipal Act, 2001, Council pass the by-law contained in Attachment 1 to Report PSD-022-12 to temporarily remove the public right of passage and to temporarily restrict the right of access by owners and tenants of the abutting lands over a portion of the road allowance between Lots 4 and 5, Broken Front Concession, former Township of Clarke (Elliott Road); and 3. THAT a copy of Council's decision be forwarded to the Port Hope Area Initiative Management Office and the Southeast Clarington Ratepayers Association. Submitted by: Reviewed by `° L DAM.J. Crome, MCIP, RPP anklin Wu Director, Planning Services Chief Administrative Officer JAS/FL/df 13 April 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: PSD- 022 -12 1. BACKGROUND 1.1 The Port Granby Project is being undertaken in a number of phases: PAGE 2 Phase 1 — Environmental Assessment (EA). This phase concluded in Fall 2009 with Council's acceptance of the Screening Report for the Project prepared by the federal Regulatory Authorities. Transition Phase between Phases 1 and 2. During this phase, Canada prepared detailed drawings and reports related to the various works required for the Project, including road construction, waste excavation, and the treatment of contaminated water. Staff and the Municipal Peer Review Team (MPRT) reviewed these documents and provided detailed comments to ensure that the Municipality's concerns would be addressed during Project implementation. • Phase 2 — Implementation and Construction. The Project is currently in this phase. On November 30, 2011, the Canadian Nuclear Safety Commission (CNSC) issued a licence for the Project to Atomic Energy of Canada Limited (AECL) and, on January 13, 2012, the federal Minister of Natural Resources announced a 10 -year funding commitment for the Port Hope Area Initiative. On March 30, 2012, Canada acquired the lands necessary to complete the Project, including the existing waste management facility, and accordingly has assumed responsibility for its operation. • Phase 3 — Monitoring and Maintenance. This phase, which is expected to last several hundred years, will commence after all of the waste at the existing Port Granby Waste Management Facility has been relocated to the new Long Term Waste Management Facility and the new storage mound has been capped. 1.2 The EA for the Port Granby Project identified a Primary Haul Route along which virtually all of the construction materials and equipment required for the Project will be transported by truck. This route consists of Newtonville Road from Highway 401 to Concession Road 1, Concession Road 1 to Elliott Road, and Elliott Road to the entrance of the new Long -Term Waste Management Facility south of the CN rail corridor. 1.3 The Port Hope Area Initiative Management Office (PHAI MO) will be upgrading all of the roads along the primary haul route in order to make them suitable to accommodate the truck traffic for the Project. Elliott Road is currently a seasonally maintained road and is in very poor condition. As such, the section between Concession Road 1 and the entrance to the new waste management site will require complete reconstruction, a distance of approximately 1,622 metres. 1.4 Clarington staff and the MPRT have accepted the detailed engineering drawings and specifications for the reconstruction of Elliott Road. These documents form the basis for the tender for the Elliott Road reconstruction which was issued by the federal government on March 12, 2012. REPORT NO.: PSD- 022 -12 2. ROADS AGREEMENT PAGE 3 2.1 Staff Report PSD- 078 -11 (September 12, 2011 GPA) noted that an agreement between the Municipality and the federal government is being prepared to deal with the various issues related to Canada's use of municipal roads for the Port Granby Project. Council authorized the Mayor and Clerk to sign the roads agreement with the Government of Canada once it has been finalized to the satisfaction of the Municipal Solicitor. 2.2 Rather than one large agreement, as originally contemplated, a number of smaller agreements are being prepared to deal with specific road works. The first agreement, which has been signed by the Mayor and Clerk and the Government of Canada, deals with the Primary Haul Route, including the section of Elliott Road to be reconstructed (identified as "Elliott Road North "). Future agreements will deal with other road works such as the construction and removal of the Lakeshore Road underpass. 2.3 As also noted in Report PSD- 078 -11, Elliott Road North will be leased to the federal government for the duration of the construction phase of the Project (approximately 8 years). The Lease forms part of the roads agreement. 2.4 The roads agreement includes the following provision: "After notice is given by Canada stating that it requires the right to occupy Elliott Road North, Council shall pass a by -law pursuant to section 35 of the Municipal Act, 2001 to (a) remove the public right of passage over Elliott Road North and (b) restrict the right of access to Elliott Road North by the owners of land abutting Elliott Road North for the duration of the Elliott Road Lease ". 2.5 Section 35 of the Municipal Act is applicable in this situation since Elliott Road North will be re- opened as a public road once the Elliott Road Lease has terminated at the end of Phase 2 of the Port Granby Project. 2.6 A lockable security gate will be installed on Elliott Road North just south of Concession Road 1. Under the provisions of the Elliott Road Lease, Canada is required to permit the owners and tenants of the lands adjacent to Elliott Road North, CN, CP, Hydro One and other utility agencies, including their agents, consultants, contractors and employees, to use Elliott Road North without fee or charge, subject to such reasonable terms and conditions as Canada considers necessary. Canada is also required to provide keys to the lock to the Engineering Services Department and the Fire and Emergency Services Department. 2.7 The owners of the lands abutting Elliott Road North are aware of the need to restrict access to their properties during Phase 2 of the Port Granby Project and have signed agreements with the federal government that address their concerns. REPORT NO.: PSD- 022 -12 PAGE 4 3. CONCLUSION 3.1 The roads agreement dealing with Elliott Road and the Elliott Road Lease have been signed by both the Municipality and the Government of Canada. Canada has provided notice to the Municipality that it requires the right to occupy Elliott Road North in order to commence the reconstruction of the road. It is therefore appropriate to pass the by -law to temporarily restrict the public's use of Elliott Road North for the duration of the construction phase of the Port Granby Project. 4. CONCURRENCE 4.1 This Report has been reviewed by the Municipal Solicitor and the Director of Engineering Services who concur with the recommendations. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development X Maintaining financial stability Connecting Clarington Promoting green initiatives X Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Janice Szwarz, Principal Planner Attachments: Attachment 1 - By -law List of interested parties to be advised of Council's decision: Christine Fahey Gerry Mahoney Attachment 1 To Report PSD- 022 -12 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2012- a by -law to temporarily restrict the use of Elliott Road WHEREAS on November 30, 2011, the Canadian Nuclear Safety Commission issued a Waste Nuclear Substance Licence to Atomic Energy of Canada Limited to permit the "Port Granby Long -Term Low -Level Radioactive Waste Management Project" (the "Project") to proceed; AND WHEREAS Her Majesty the Queen in Right of Canada as represented by the Minister of Natural Resources ( "Canada ") and The Corporation of the Municipality of Clarington (the "Municipality ") entered into an "Agreement for the Construction, Maintenance and Use of Municipal Roads for the Port Granby Project' dated April 11, 2012 (the "Roads Agreement') in order to address Municipal road issues related to the construction of the Project; AND WHEREAS Elliott Road was identified in the Environmental Assessment to be part of the route along which materials and equipment required for the Project will be transported; AND WHEREAS under the Roads Agreement the Municipality has agreed to temporarily remove the public right of passage and restrict access rights over a portion of Elliott Road to allow Canada to reconstruct, maintain, repair and use such portion of Elliott Road in order to carry out the Project; AND WHEREAS section 35 of the Municipal Act, 2001 provides that a municipality may pass by -laws removing or restricting the common law right of passage by the public over a highway and the common law right of access to the highway by an owner of land abutting a highway; NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. In this By -law: "Adjacent Farm Lands" means the lands identified by PINs 266720030 and 266720031 and PIN 266720029; "Elliott Road Lease" means the lease dated April 11, 2012 granted by the Municipality to Canada to permit Canada to reconstruct, maintain, repair and use Elliott Road North in order to carry out the Project; and Page 2 "Elliott Road North" means that portion of the road allowance between Lots 4 and 5, Broken Front Concession, former Township of Clarke (Elliott Road) south of its intersection with Concession Road 1 to a point approximately 1,622 metres south as shown in Schedule "A" to this by -law. 2. Subject to sections 4, 5 and 6 of this by -law, the public right of passage is hereby removed over Elliott Road North for the duration of the Elliott Road Lease. The right of access by owners and tenants of land abutting Elliott Road North is hereby restricted as set out in section 5 of this by -law for the duration of the Elliott Road Lease. 4. During the term of the Elliott Road Lease, Canada may exclusively use Elliott Road North for the purpose of constructing, maintaining and repairing Elliott Road North and providing access for vehicles and equipment to and from Concession Road 1 to the Port Granby Long -Term Waste Management Facility. 5. Notwithstanding section 4 of this by -law, Canada shall permit the owners and tenants of the Adjacent Farm Lands, CN, CP, Hydro One and other utility agencies, including their respective agents, consultants, contractors and employees, to use Elliott Road North as required to access their properties or utilities as the case may be, without fee or charge, but subject to such reasonable terms and conditions as Canada considers necessary. 6. Emergency vehicles shall be permitted to use Elliott Road North at all times. 7. This by -law shall be effective on the date that it is passed. 8. This by -law shall remain in effect until the Elliott Road Lease has terminated. By -law passed this 30th day of April 2012 Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2012- , passed this day of , 2012 A.D. CONCESSION ROAD ,622 metres 07 N 0 Adrian Foster,Mayor Patti L.Barrie,Municipal Clerk $ F N 3 HIG Y2 ® Newcastle m Newtonville °eP HIGHWAY401 !� s CONL IoNRom1 Subject Road s _ o & L(SH°RE oil CLARKE Lake Ontario _� SCHEDULE 2B