THE REGIONAL MUNICIPALITY OF PEEL
 
BY-LAW NUMBER 75-2012
 

A by-law to amend By-law Number 59-77, as amended by By-law 45-83 and By-law 56-93, being a by-law to designate Regional Roads as controlled access roads and to prohibit or regulate the construction and use of any access onto a Regional Road.


WHEREAS By-law Number 59-77 was enacted on May 12, 1977, by the Council of The Regional Municipality of Peel to designate Regional Roads as controlled-access highways and to prohibit or regulate the construction and use of any access onto highways under the jurisdiction of The Regional Municipality of Peel (hereinafter called “Region”);

AND WHEREAS, By-law 45-83 was enacted on April 28, 1983, by the Council of the Region to amend By-law 59-77;

AND WHEREAS, By-law 56-93 was enacted on June 24, 1993, by the Council of the Region to further amend By-law 59-77;

AND WHEREAS, under the broad powers delegated under the Municipal Act, 2001, S.O. 2001, c.25, as amended, a council is authorized to pass by-laws designating highways as controlled access highways and prohibiting or regulating the construction or use of any access onto highways is found in;

AND WHEREAS, it is the wish and intent of the Council of the Region for all Regional Roads to remain as controlled-access highways as established by By-law 59-77;

AND WHEREAS, the Council of the Region wishes to further amend By-law 59-77, as amended, to clarify and outline in greater detail the application process and criteria for access to a Regional Road;

NOW THEREFORE, the Council of The Regional Municipality of Peel enacts as follows:

  1. That By-law Number 59-77, as amended, is hereby further amended by deleting subsection 1.b) therein and substituting the following therefore:

b) “Regional Road” means any highway designated as a Regional Road in the Regional Road System By-law, being By-law Number 78-91, as amended or replaced from time to time;

2. That By-law Number 59-77, as amended, is hereby further amended by adding thereto the following definitions:

d) “Applicant” means the Owner or person acting on behalf of the Owner who is applying for a Road Occupancy Permit under this By-law;

e) “Commissioner” means the Commissioner of Public Works for the Region of Peel or his or her designate;

f) “Commissioner of Public Works” means the Commissioner of Public Works for the Region of Peel and does not include his or her designate;

g) “Highway” means a common and public highway and includes any bridge, trestle, viaduct or other structure forming part of a highway, except as otherwise provided, includes a portion of a highway;

h) “Median” means the portion of a highway so constructed as to separate traffic travelling in one direction from traffic travelling in the opposite direction by physical barrier or a raised or depressed paved or unpaved separation area that is intended to prevent crossing vehicular movements;

i) “Owner” means the registered owner of the property directly adjacent to the portion of the Regional Road that the Applicant is applying for access onto;

j) “Transportation Impact Assessment” means a study submitted by the Applicant which estimates the traffic generated by a proposed development and assesses the effects it will have on the surrounding transportation network, to determine what provisions are needed for safe and efficient site access and traffic flow, and to address other related safety and capacity issues.

3. That By-law Number 59-77, as amended, is hereby further amended by adding thereto the following sections:

2A. No person shall use, construct, relocate or alter or cause to be used constructed, relocated or altered an access onto a Regional Road without a permit having been issued by the Commissioner under this By-law for such access.

2B. The Commissioner may approve, with or without conditions, or deny an application for access onto a Regional Road taking into account the principles contained in this By-law as well as the following:

a) the provisions, policies and procedures of the Region including without limitation; the Region’s Official Plan policies, traffic safety and capacity considerations, and the Region’s road design guidelines and standards for the engineering submission process;

b) generally accepted engineering principles;

c) input from the staff of the appropriate area municipality, where the Commissioner, in his/her sole discretion, has requested such input; and

d) the results of the Traffic Impact Assessment, where the Commissioner has required the Applicant to submit such an assessment as part of the Application.

4. That By-law Number 59-77, as amended, is hereby further amended by deleting section 3 thereto and substituting therefore the following:

3. An Applicant for access onto a Regional Road shall submit to the Commissioner the following:

a) a completed Road Occupancy Permit Application, in a form approved by the Commissioner, which Application, if approved, shall form the Permit for the access and shall contain terms and conditions on which access is granted by the Commissioner in addition to any other conditions imposed by the Commissioner pursuant to his or her authority under this By-law;

b) the applicable fee under the Region’s Fees By-law, as amended, or replaced from time to time;

c) a letter outlining the reasons and purpose of the requested access;

d)
i. in the case of access other than to a private residential dwelling or for farming purposes an Application shall be accompanied by two copies of a site plan and a site grading plan; or

ii. in the case of access to a private residential dwelling or for farming purposes, the Application shall be accompanied by two copies of a site plan or sketch showing the location and dimensions of the access; and

e) at the discretion of the Commissioner, a Traffic Impact Assessment, the cost of which shall be the sole responsibility of the Applicant.

5. That By-law Number 59-77, as amended, is further amended by adding thereto the following section:

3A. In addition to the terms and conditions contained on the Road Occupancy Permit, the Commissioner may also impose either or both of the following as terms and conditions of granting access onto a Regional Road, the costs of which shall be the sole responsibility of the Applicant:

a) that a reference plan be prepared showing the location of the approved access;

b) that the Owner enter into an access agreement, the terms of which shall be determined by the Commissioner, to be registered on title to the Owner’s property, setting out the conditions of access approval, including but not limited to;

(i) in the case of an application for an access the Owner’s responsibility for all costs associated with the construction of the access; or

(ii) in the case of an application for any access other than full access, the Region shall have the ability to physically restrict the access in the future for safety and capacity reasons as determined by the Commissioner.

6. That By-law Number 59-77, as amended, is further amended by adding thereto the following section:

3B. All road and access works required by the Commissioner, whether temporary or permanent, associated with or arising as a result of the granting of access to the Owner onto the Regional Road shall be at the sole expense of the Owner.

7. That By-law Number 59-77, as amended, is hereby further amended by deleting the words “Public Works” in the second line of section 4 thereto.

8. That By-law Number 59-77, as amended, is hereby further amended by deleting subsections 4 d) therein and substituting the following therefore:

d) the controlled access should not be closer than 130 metres to an intersection on the near-side (deceleration) and not closer than 100 metres to an intersection on the far-side (acceleration).

9. That By-law Number 59-77, as amended, is hereby further amended by adding the following subsections to section 4 thereof:

f) Notwithstanding subsection 4. d) for property with frontage less than 100 metres or for new service stations and redevelopment of existing service stations, abutting an intersection, only one right in/right out access shall be considered at the furthest limit of the property frontage on the Regional Road and maintain a minimum separation of 30 metres from the nearest intersection or access to the proposed access in order to provide adequate corner clearances.

g) At a location where a Median cannot be constructed due to the width of the Regional Road, adjacent accesses or other constraints as determined by the Commissioner, the Applicant shall be required to build a directional island to physically restrict the vehicular movement at the access to a right in/right out access.

h) A right turn lane is required and shall be constructed with a minimum storage of 30 metres and shall if required, be supported by a Transportation Impact Assessment and the required taper length to reflect the design speed of the Regional Road;

10. That By-law Number 59-77, as amended, is further amended by deleting the words “Public Works” in the second line of section 5 thereto.

11. That By-law Number 59-77, as amended, is hereby further amended by adding the following subsections to section 5 thereto:

d) A right turn lane is required and shall be constructed with a minimum of storage of 30 metres and if required, be supported by a Transportation Impact Assessment and the required taper length to reflect the design speed of the Regional Road.

e) A left turn lane is required and shall be constructed with a minimum storage of 30 metres and shall if required, be supported by a Transportation Impact Assessment and the required taper length to reflect the design speed of the Regional Road;

f) Traffic signals shall only be installed when:

(i) the criteria for traffic signals as set out in the Ontario Traffic Manual - Book 12, as it may be changed from time to time or replaced, is met; or

(ii) it is directed by either the Commissioner of Public Works or by the Council of the Region to install traffic signals.

g) The installation of private access signals shall be solely at the expense of the Applicant or Owner.

h) The maintenance of the traffic control signals shall be solely at the expense of the Applicant or Owner for a ten (10) year period paid by way of lump sum

12. That By-law Number 59-77, as amended, is further amended by deleting section 6 thereto and substituting the following section therefore:

6. When considering whether or not to permit a left in, right in and right out access, the Commissioner shall take into account the following principles:

a) the left in, right in/right out access shall be controlled by a Median designed and built in a way as to physically prevent the left out movement;

b) the minimum spacing between the accesses shall not be less than 180 metres from another access or intersection and shall if required, be supported by a Transportation Impact Assessment of the adjacent intersection or access;

c) a right turn lane is required and shall be constructed with a minimum storage of 30 metres and shall if required be supported by a Transportation Impact Assessment and the required taper length to reflect the design speed of the Regional Road; and

d) a left turn lane is required and shall be constructed with a minimum storage of 30 metres and shall if required, be supported by a Transportation Impact Assessment and the required taper length to reflect the design speed of the Regional Road.

13. That By-law Number 59-77, as amended, is further amended by adding thereto the following section:

7.
a) Where the Region is the owner of 0.3 metre (one foot) reserve that is prohibiting access onto a Regional Road and the Commissioner has approved access onto the Regional Road under this By-law and the Applicant has complied with any and all terms and conditions imposed, the Commissioner of Public Works has authority upon receipt of the completed requirements to authorize the lifting of the reserve at the approved access location.

b) After the Commissioner of Public Works has authorized the lifting of the reserve at the approved access location, a by-law shall be submitted to Regional Council to dedicate the said lands as part of the public highway adjacent thereto.

14. That By-law Number 59-77, as amended, is hereby further amended by adding thereto the following section:

8. Schedule “A” attached hereto shall form part of this By-law.

15. That By-law Number 59-77, as amended, is hereby further amended by adding thereto the following section:

9. Any person without the Commissioner’s written approval who contravenes any provision of this By-law is guilty of an offence and is liable upon conviction to a fine in accordance with the provisions of the Provincial Offences Act, R. S. O. 1990, c. P.33, as amended.

16. That By-law 59-77, as amended, is further amended by adding thereto the following section:

10. If a court of competent jurisdiction declares any section or part of a section of this By-law, as amended to be invalid, it is the intention of Council for the Region that the remainder of the By-law, as amended shall continue to be in force.

 

READ THREE TIMES AND PASSED IN OPEN COUNCIL this 5th day of July, 2012.

C.Reid
________________________

Regional Clerk

E. Kolb
______________________

Regional Chair

 

Schedule "A" to By-law 75-2012 (pdf)