HomeMy WebLinkAbout23 141 Road Dedication (Upper Lorne Beach Road) Amendment (1) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2023 – 141
Being a By-law to Amend By-law No. 2011-068; Being a By-law to assume
the street known as Upper Lorne Beach Road, PLAN 3M-216 as a Public
Highway and to regulate traffic on said Street
Whereas pursuant to the Municipal Act, 2001, Section 30(4)2, a municipality is
obligated to maintain a public highway shown on a registered plan of subdivision
until it has passed a by-law assuming the highway; and
Whereas pursuant to the Municipal Act, 2001, Section 11 (3)1, the Municipality of
Kincardine may pass by-laws respecting highways within its jurisdiction including
regulating traffic on the highway; and
Whereas pursuant to the Municipal Act, 2001, Section 35 provides that a
Municipality may pass by-laws restricting the common law right of passage over a
highway; and
Whereas by By-law No. 2011-068; the Municipality of Kincardine assumed the
street known as Upper Lorne Beach Road, PLAN 3M-216 as a Public Highway and
to regulate traffic on said street; and
Whereas it is desirous to amend By-law No. 2011-068 regarding the regulation of
traffic on said street; now therefore be it
Resolved that the Council of The Corporation of the Municipality of Kincardine
Enacts as follows:
1. That Section 3 be repealed and replaced with “The operation of the access
control gate shall be at the discretion of the Municipality of Kincardine
Infrastructure and Development Department and subject to the direction of
the Council of the Municipality of Kincardine.”
2. That Section 4 be repealed and replaced with “There shall be no through
traffic permitted on Upper Lorne Beach Road, Plan 3M-216 from Victoria
Street to the North of the access control gate from March 1 through
November 30 annually.”
3. That Section 5 be repealed and replaced with “There shall be no through
traffic permitted on Upper Lorne Beach Road, Plan 3M-216 from the
Lakeshore area to the South of the access control gate from March 1
through November 30 annually.”
4. That Section 7 be repealed and replaced with “Notwithstanding the
regulations contained in this by-law restricting the use of Upper Lorne Beach
Road, Plan 3M-216, access through the control gate shall be permitted from
December 1st through February 28 annually or in the case of an emergency
as determined by the Director of Infrastructure and Development or their
delegate.”
5. That Section 8 be repealed.
6. That this By-law shall become effective upon its final passage by the Council
of the Municipality of Kincardine and upon its registration in the Registry
Office for the Registry division of Bruce (No. 3).
Page 2 of 2
Road Dedication (Upper Lorne Beach Road) Amendment (1) By-law
By-law No. 2023 – 141
7. This by-law may be cited as the “Road Dedication (Upper Lorne Beach
Road) Amendment (1) By-law”.
Read a First and Second Time this 14th day of August, 2023.
Read a Third Time and Finally Passed this 14th day of August, 2023.
Mayor Clerk
LRO# 3 Application To Register Bylaw Receipted as BR198036 on 2023 09 12 at 10:32
The applicant(s)hereby applies to the Land Registrar. yyyy mm dd Page 1 of 3
Properties
PIN 33294-0455 LT
Description UPPER LORNE BEACH ROAD,PLAN 3M216;SUBJECT TO AN EASEMENT AS IN
R370144;SUBJECT TO AN EASEMENT AS IN R370145;MUNICIPALITY OF
KINCARDINE
Address KINCARDINE
Applicant(s)
This Order/By-law affects the selected PINS.
Name THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Address for Service 1475 Concession 5,RR#5
Kincardine,Ontario
N2Z 2X6
This document is being authorized by a municipal corporation Kenneth Craig,Mayor and Jennifer Lawrie,Clerk.
This document is not authorized under Power of Attorney by this party.
Statements
This application is based on the Municipality By-law See Schedules.
I Monica Poremba solicitor make the following law statement The property being referenced in the attached By-Law is one and the same
as the property as identified in the property description of this Application being:Upper Lorne Beach Road,Plan 3M2016;subject to an
easement as in R370144;subject to an easement as in R370145;Municipality of Kincardine being all of PIN 33294-0455(LT). This
statement is made for clarification purposes and for no other or improper purpose.
Signed By
Monica Katherine Poremba 100-144 Courthouse Square acting for Signed 2023 09 12
Goderich Applicant(s)
N7A 1 M9
Tel 519-524-5532
Fax 519-524-8438
1 have the authority to sign and register the document on behalf of the Applicant(s).
Submitted By
THE ROSS FIRM PC 100-144 Courthouse Square 2023 09 12
Goderich
N7A 1 M9
Tel 519-524-5532
Fax 519-524-8438
Fees/Taxes/Payment
Statutory Registration Fee $69.00
Total Paid $69.00
File Number
Applicant Client File Number: 2023-40872