By-law 2016-4 - Annual Reduced Load Period

District Municipality of Muskoka, Ontario · adopted 2016-02-16

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I I 11 I II Ir I rl THE DISTRICT MUNICIPALITY OF MUSKOKA BY-LAW NO. 2016-4 Being a by-law to prescribe an annual reduced load period WHEREAS pursuant to sections 23.2 (1), (4) and (5), 27 (1) and 28 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended ("the Municipal Act"), and section 122 (7) of the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended ("the Highway Traffic Act"), Muskoka District Council may, by by-law, may designate an individual to determine the date on which a reduced load period shall start or end and the roads within the Muskoka District Road System to which the designation applies; AND WHEREAS a reduced load period is deemed necessary for the protection of certain roads in The District Municipality of Muskoka; NOW THEREFORE the Council of The District Municipality of Muskoka ENACTS AS FOLLOWS: A. Interpretation 1. In this by-law, "reduced load period" means a reduced load period within the meaning of section 122 of the Highway Traffic Act. B. Reduced Load Period 2. Subject to sections 3, 4 and 6 herein, a reduced load period for all roads within the Muskoka District Road System shall commence at 12:01 a.m. on the 1st day of March and shall remain in effect until 11 :59 p.m. on May 31, each and every year. 3. 4. C. 5. 6. 8. The designation in this by-law shall apply to all roads within the Muskoka District Road System, except the roads, or parts thereof, specified in Schedule "A" hereto. Notwithstanding anything herein to the contrary, section 2 shall only apply during such times when and where official signs advising of the reduced load period have been erected. Implementation The Commissioner of Engineering and Public Works or their designate shall be and is hereby authorized, directed and empowered to obtain, install and maintain such signage as may be necessary to implement this by-law. The Commissioner of Engineering and Public Works or their designate shall be and is hereby authorized to extend or shorten the reduced load period as deemed necessary to protect the highway infrastructure. In exercising the delegation described in section 6 of this by-law, the Commissioner of Engineering and Public Works, or their designate, shall have regard for the following: (i) (ii) whether or not the condition of the road is suitable for sustaining full loads on an ongoing basis and it is appropriate to terminate or extend the reduced load period for that road or portion of road; the status of flooding, ground water, spring melt and other conditions that may result in the road or portion of the road being unsuitable for sustaining full loads; and (iii) Determining criteria for extending or shortening the reduced load period shall include but not be limited to the adequacy of the road base to withstand fully loaded vehicle and the adequacy and safety of the road surface to withstand fully loaded vehicles. The delegation described in section 7 may be exercised on either a whole of a road or a portion of a road basis. I 11 I 11 I Ii !I Page 2 of By-law 2016-4 D. General 9. By-law 2015-8 shall be and is hereby repealed. 10. This by-law shall come into force and take effect on the date that it receives third reading. READ A FIRST AND SECOND TIME: READ A THIRD TIME AND Fl NALLY PASSED: February 16, 2016 February 16, 2016 THE DISTRICT M!,INICIPALITY OF MUSK Per: / 7 , SCHEDULE "A" TO BY-LAW 2016-4 REDUCED LOAD PERIOD PORTIONS OF MUSKOKA DISTRICT ROADS TO WHICH REDUCED LOAD PERIOD DESIGNATION DOES NOT APPLY District Road No. 2 2 3 3 10 4 14 16 17 37 46 From To Town of Huntsville West limit of K.H. # 11 in Lot 10/11, Con. II, Chaffey East limit of K.H. # 11 in Lot 10/11, Con. II, Chaffey South limit of K.H. # 60 in Lot 17, Con. II, Chaffey North limit of K.H. # 11 in Lot 18, Con VI, Chaffey West limit of K.H. # 11 in part Lot 19, Con VI, Stephenson North limit of Kinsmen Beach Road in Lot 10, Cons. Ill and IV, Chaffey North limit of DR# 3 (King William Street) Lot line between Lots 26/27, Con. I, Stisted (Domtar Road) Southerly Access Road, Lot 19, Con 111, Chaffey East limit of Lot 21, Con VI, Stephenson Town of Bracebridge East limit of DR # 118 (Wellington Street) North limit of DR # 37 (Entrance Drive) South limit of DR# 37 (Manitoba Street) South limit of DR # 118 in Con. XI, Draper West limit of K.H. #11 in Con. XI, Draper South Limit of DR # 117 in Lot line between Lots 15/16 Con VII, Macaulay 0.4 kms. north of the intersection ofDR#4and DR#47 20 metres (66') east of Finch Road North limit of DR# 118 (Wellington Street) West limit of Lot 5, Con. X, Muskoka DR # 4 and McDonald Street Intersection Northerly Access Road in Lot 17, Con IX, Macaulay District Road No. 17 18 19 41 24 35 117 118 169 Notes: Page 2 of Schedule "A" to By-law No. 2016-4 From To Town of Gravenhurst East limit of DR# 18 in Lot 20, Con. IV, Muskoka West limit of DR# 169 in Lot 5, R.E.M.R., Muskoka West limit of K.H. # 11 in Lot 26, Range West, Morrison North east limit of DR # 169 In Lot 12, Con. V, Muskoka West limit of DR# 41 in Lot 20, Con. IV, Muskoka North limit of DR# 17 in Lot 20, Con. IV, Muskoka West limit of Sedore Road in Lot 26, Range West, Morrison West limit of K.H. # 11 in R.E.M.R., Lot 5, Muskoka Township of Muskoka Lakes East Limit of Hwy# 141 in Lot 37, Con A, Watt North limit of DR# 4 in Lot 11, Con. VI, Watt West limit of K.H.#11 in Lot 9, Concession VI, Macaulay West limit of K.H.#11 in Lot 2, Concession X, Muskoka West limit of K.H.#11 in Lot 5. R.E.M.R., Muskoka Multiple 600m west of Hwy # 141, Part Lot 37, Con A, Watt North limit of DR# 35 West limit of K.H. # 35 in Lot 28, Concession "B", Ridout East limit of DR# 169 in Lot 18, Concession Ill, Medora East limit of K.H.#69 in Lot 3, Concession IX, Medora "DR" means Muskoka District Road "K.H." means King's Highway