64-2012 CR 22 Controlled-Access Highway

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THE CORPORATION OF THE COUNTY OF ESSEX BY-LAW NUMBER 64-2012 A BY-LAW TO DESIGNATE COUNTY ROAD 22 AS A CONTROLLED-ACCESS HIGHWAY. I WHEREAS the Corporation has jurisdiction over a number of road allowances designated as County Roads throughout Essex County, one of which is County Road 22; AND WHEREAS the Corporation acquired jurisdiction over County Road 22, formerly the King's Highway No. 2, together with other highways, from the Province of Ontario on April 1, 1997, at which time that portion of the King's Highway No. 2 from the easterly limit of the City of Windsor easterly to the Hamlet of Puce had been designated by the Province of Ontario as a controlled- access highway; AND WHEREAS when the Corporation obtained jurisdiction over County Road 22 and other highways from the Province of Ontario, the Corporation adopted the policies and procedures that had been implemented at that time by the Ministry of Transportation with regard to limiting and/or prohibiting access to those highways; AND WHEREAS in 2002 and again in 2012, the Corporation re-affirmed the Corridor Management Strategy for the review of applications for access to County Road 22 and other highways, including the prohibition of any new access connections from private lands onto County Road 22 from the easterly limit of the City of Windsor easterly to the Hamlet of Puce, which Corridor Management Strategy has been uniformly applied since that time; AND WHEREAS Section 35 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a municipality the authority to pass a by-law 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; AND WHEREAS the Corporation deems it expedient to pass such a By- law for County Road 22;