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HomeMy WebLinkAbout2012-036THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY -LAW NO. 2012 -036 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. 3. 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 in open session this 30th day of April, 2012. C: Anne Green e-, lbeputy Clerk