HomeMy WebLinkAboutPD-80-89DN: FENCIN
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TOWN OF NEWCASTLE
REPORT File#
Res.
By -Law #,
MEETING: General Purpose and Administration Committee
DATE: MONDAY MARCH 201, 1989
REPORT #: PD-80-89 FILE #:
SUB,JECT: FENCING BY -LAW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-80-89 be received; and
2. THAT the attached Fencing By -law be adopted; and
3. THAT Staff be authorized to advertise in the local newspapers that
Council has adopted a by -law to regulate the height, description and
maintenance of lawful fences.
1. BACKGROUND
1.1 Section 2101, Paragraph 18 of the Municipal Act R.S.O. 19801 enables a
municipality to pass a By -law which prescribes the height and
description of lawful fences.
1.2 Under this section the Town has passed By -law 75 -38, which requires the
owner of outdoor swimming pools to erect and maintain fences and gates
around such swimming pools and prescribes the height and description of
and the manner of erecting and maintaining such fences and gates.
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1.3 With respect to those fences which do not enclose a pool, the Town's
policies are silent, except for Section 3.1.v. of By -law 84 -63 which
generally states;
No fence that is more than 0.75 metres in height is permitted
within 3.00 metres of any street line.
and section 3.20. which states
On a corner lot, no structure which would obstruct the vision of
drivers of motor vehicles shall be erected in excess of 0.75 metres
in height within the sight triangle. The sight triangle is
defined as the triangle space formed by the street lines and a line
drawn from a point in one street line to a point in the other street
line, each such point being 7.5 metres measured along the street
line from the point of intersection of the street lines.
2. COMMENTS:
2.1 Presently there is no Town policy in place which addresses:
i) the height of fences, other than those which enclose a pool;
11) the use of barb wire;
iii) the type of acceptable fencing materials;
iv) graffiti;
v) fence maintenance; and
vi) associated fines.
2.2 In order to resolve those fencing conflicts which are occurring with
increasing frequency as the Town becomes more intensely urbanized, it
is necessary that the Town adopt a comprehensive Fencing By -law. A
comprehensive Fencing By -law will afford Town Staff the ability to
regulate fencing heights and descriptions, and will protect land owners
from improper fencing types and possible injury.
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REPORT N0.:PD-80-89
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3.1 It is respectfully recommended that Council adopt a comprehensive Fence
8v-Iew for the Tcmez, as hereto attached. It is further recommended that
Staff be authorized to advertise in local newspapers to inform
residents of the requirements of such a by-law.
Respectfully submitted,
Franklin Wu, M.C.I.P.
Director of Planning & Development
*Attach.
March 6, 1989
Recommended for presentation
to the Committee
Chief i strative Officer
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 89-
being a By -law for prescribing the height and description of lawful fences
in the Town of Newcastle.
THEREAS the Municipal Act R.S.O. 1980, Chapter 302, Section 210, Paragraph 18,
authorizes the passing of a By -law for prescribing the height and description
of lawful fences;
WHEREAS the Town of Newcastle has previously enacted a By -law # 75 -38 for
prescribing the height and description for swimming pool fences;
WHEREAS the Municipal Act R.S.O., 1980, Chapter 302, Section 210, Paragraph
140, authorizes the passing of a By -law for prohibiting the posting or
exhibition of placards, play bills, posters, writing or pictures, or the
writing of words, or the making of pictures or drawings which are indecent or
may tend to corrupt or demoralize on any wall or fence;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Town of Newcastle enacts as follows:
SECTION I
T I T L E
1.1 This By -law may be cited as the Fence By -law.
SECTION II
D E F I N I T I O N S
2.1 For the purpose of this By -law, the definitions and interpretations of
By -law 84 -63, as amended, shall govern, except as herein defined.
2.2 FENCE shall mean any structure constructed of posts, boards, palings,
rails, wire, masonry or similiar materials or any combination thereof
used to define a property boundary or to enclose any outdoor area.
2.3 HEIGHT shall mean the distance measured from the grade where the fence
posts are embedded to the highest point of the fence.
2.4 POOL means a privately owned outdoor swimming pool which includes any
body of water or pool located outdoors on privately owned property
contained in part or in whole by artificial means and used intended
for swimming, diving or bathing but does not include:
i. a pond intended for agricultural use;
ii. a pond intended for aesthetic purposes; or
iii. a body of water or pool that is less than 0.45 metres in height
or depth, or a combination thereof.. 540
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2.5 GRAFFITI shall mean writing or pictures, which are indecent or may tend
to corrupt or demoralize.
SECTION 3
GENERAL PROVISIONS
3.1 No person shall erect, construct or permit to be erected any barbed
wire fence within the Town of Newcastle, except that barbed wire is
permitted:
(i) on a fence erected on land in an agricultural zone as
prescribed by the Zoning By -law and used for the purpose
of keeping livestock; and
(ii) on the top of a fence erected in a commercial or industrial
zone as designated by the Zoning By -law provided that it
projects inwards to the area enclosed by the fence.
3.2 No person shall erect, construct or permit to be erected or constructed
any fence equipped with a device for transmitting an electric current
thereon or therethrough, except on land designated as agricultural by
the Zoning By -law and used for the purpose of keeping livestock
provided that the maximum electrical current does not exceed 120 volts
at .04 amps and that it complies with The Power Corporation Act, R.S.O.
1980, and the regulations thereunder, as amended, from time to time.
3.3 The posting or exhibition of placards, playbills, posters or graffiti
on any fence is prohibited.
3.4 The provisions of this By -law shall not apply to prohibit the erection
of a fence for the purpose of public services provided by the
Corporation of the Town of Newcastle, any School Board, or any Public
Authority including any Department of the Regional Municipality of
Durham or any Department or Ministry of the Government of Canada or
Ontario, or any Conservation Authority established by the Government of
Ontario, and, for the purposes of this Section shall include Ontario
Hydro, any telephone, cable television or telegraph company and any
natural gas distribution system operated by a Company distributing gas
to the residents of the Town, which company posesses all the necessary
powers, rights, licences and franchises.
3.5 Fences constructed prior to the passing of this By -law shall be
considered legal.
3.6 Replacement or reconstruction of fences shall conform with the
provisions of this By -law.
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SECTION 4
F E N C E S I N R E S I D E N T I A L Z 0 N E S
4.1 No fence erected in a front, rear, interior or exterior side yard shall
exceed 1.80 metres in height.
SECTION 5
S W I M M I N G P 0 0 L F E N C E S
5.1 No person shall excavate for or erect an outdoor swimming pool without
having first obtained a permit certifying the approval of the plans for
the fences and gates required by this By -law, and upon payment of the
prescribed fee.
5.2 No person shall fill an outdoor swimming pool with water or maintain
such pool filled with water until the fences and gates required by this
by -law have been erected around the swimming pool.
5.3 A swimming pool fence shall meet the following requirements:
i) every fence shall not be less than 1.2 metres in height nor
greater than 1.8 metres in height;
ii) every fence shall be constructed of vertically boarded wood,
solid wood, basketweave, chain link, masonry, plastic, metal
or other materials and construction provided an equivalent
degree of safety and acceptable to the Building Inspector;
iii) every fence shall be so constructed that no rails or other
horizontal or diagonal bracing or attachments that may
facilitate climbing, shall be located on the outside of the
fence;
iv) every fence shall have no opening with a horizontal dimension
greater than 7.60 centemetres.
v) every fence shall be so constructed to have the only means of
entry by gates or doors;
vi) no part of any fence shall consist of barbed wire;
vii) any device for projecting an electrical current through such
fence is prohibited.
5.4 A swimming pool gate shall meet the following requirements:
i) every gate shall be of the height equivalent to that required
for the fence;
ii) every gate shall be of the construction equivalent to that
required for the fence;
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SECTION 9
E X C E P T I O N S
9.1 The provisions of this By -law shall prevail unless otherwise specified
within a development agreement, site plan agreement, subdivision
agreement or any other By -law of the Town of Newcastle.
SECTION 10
VA I,IDITY
10.1 In the event any part or provision of this by -law is held to be illegal
or void, this shall not have the effect of making illegal or void any
of the other parts or provisions thereof, which may or shall be
determined to be legal.
SECTION 11
P R E C E D I N G B Y - L A W
11.1 By -law 75 -38, as amended, is hereby repealed.
SECTION 12
E F F E C T
12.1 This by -law shall take force and effect upon the final passing thereof.
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