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HomeMy WebLinkAboutCLD-022-13 Clar*wn, REPORT CLERK'S Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 10, 2013 Resolution#: of N< -/3 By-law#: -_ Report#: CLD-022-13 File#: Subject: REGULATING THE USE OF MUNICIPAL BOULEVARDS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-022-13 be received; and 2. THAT the by-law attached to Report CLD-022-13, A By-Law To Regulate The Use of Municipal Boulevards, be approved. i �_t Submitted by: Reviewed by: --�; '- Rnlj't rie, CMO Franklin Wu, M l Cle rk Chief Administrative Officer PLB/LDC CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.. CLD-022-13 PAGE 2 1. BACKGROUND In late 2012 staff were asked to review the regulations governing the use and occupancy of Municipal boulevards. In the course of this review staff found several instances of illegal occupancy and damage to the boulevards. In many cases the public felt the existing rules were unclear and confusing. The intent of the proposed by-law is to create a clear, easily understood set of rules which will allow the general public to recognize the limits of their ability to encumber and occupy the boulevard. The proposed by-law will also strengthen the Municipality's ability to respond to and eliminate illegal occupancies and other problems. 2. THE BY-LAW Until now any control over the use and occupancy of boulevards was found in Clarington By-law 83-57. As the number indicates this is a very old by-law. It was originally intended to deal strictly with problems on the travelled portions of the roadway. By virtue of the definition in section 1(1) of the by-law, as amended, it was expanded to include the entire of the road allowance. The result was a rather cumbersome by-law. The proposed by-law deals strictly with the boulevards. Its terms of reference and control are more precise and easily understood. The by-law proceeds from the premise that these areas are municipal property and the Municipality exercises strict control over any and all incursions onto and occupancies of the boulevards. The by-law will prohibit any regrading or fill alterations on the boulevards. The placement of asphalt, concrete, interlocking brick, slag, solid stone or wood on the boulevard is referred to as "hard landscaping" and is not permitted on the boulevard. In instances where a resident wishes to widen a driveway or in some other way improve their driveway or access points to the property, the owner may apply to the Director of Engineering Services for approval to do the work. The Chief Building Official will now have the authority to require a security deposit for any potential damage to the boulevard resulting from any construction or demolition work. Where there has been a breach of the By-law, the Municipal Law Enforcement Officers may issue an order requiring the abutting property owner to correct the situation and bring the property back to its original state prior to the incident. Should it be necessary for the Municipality to complete the required work, the work will be billed back to the owner along with a 25% administration fee. REPORT NO.: CLD-022-13 PAGE 3 3. CONCURRENCE This report has been reviewed by Andrew Allison, Municipal Solicitor, David Crome, Director of Planning Services, Tony Cannella, Director of Engineering Services, and Fred Horvath, Director of Operations, who concur with its recommendations. 4. CONCLUSION In order to address the continuing issues involving the illegal and improper use of the municipal boulevards, Staff recommend the adoption of the attached by-law. 5. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure X Showcasing our community Not in conformity with Strategic Plan Staff Contact: Len Creamer; Manager, Municipal Law Enforcement Attachments): Attachment 1 - PROPOSED BOULEVARD BY-LAW List of interested parties to be advised of Council's decision: None Attachment 1 to Report CLD-022-13 THE CORPORATION OF THE MUNICPALITY OF CLARINGTON BY-LAW 2013 — A by-law to regulate the use of boulevards WHEREAS paragraph 1 of subsection 11(3) of the Municipal Act, 2001 provides that a municipality may pass by-laws respecting highways under its jurisdiction; and WHEREAS the Municipality of Clarington deems it necessary to regulate the use of the boulevard portion of highways under its jurisdiction. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: PART I -- INTERPRETATION Definitions 1. In this by-law, "boulevard" means all parts of a highway other than the roadway and shoulder; "damage" means physical harm that impairs the value, usefulness or normal function of something; "Director of Operations" means the Municipality's Director of Operations or a designate; "Director of Engineering Services" means the Municipality's Director of Engineering Services or a designate; "driveway apron" means the portion of a driveway within the boulevard; "erect" includes display, attach, affix, post, alter, construct, place, locate, install, relocate and maintain; ... ......... fixture'.. includes a utility box,.real estate box, newspaper vending box, bench, transit shelter, telephone box, telephone booth, transformer box or vault, telephone pole, utility pole, bollard, streetlight, stoplight pole, recycling waste module, mailbox and street sign or any similar public infrastructure; "highway" has the same meaning as in subsection 1(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 and includes all unassumed road allowances in a registered plan of subdivision; Boulevard By-Law Page 12 "Municipality" means the geographical area of the Municipality of Clarington or The Corporation of the Municipality of Clarington, as the context requires; "obstruction" means a basketball net, hockey net, skateboard ramp or any other object that may interfere with the safe movement of pedestrians or vehicles; "occupier" means a lessee, tenant, mortgagee in possession or any other person who appears to have care and control of any property; "officer" means a municipal law enforcement officer or other employee of the Municipality whose duties include the enforcement of this by-law; "order" means an order issued by an officer under subsection 30(1); "owner" means the person identified in the most recent tax roll as the owner of any property; "person" includes an owner, occupier, corporation and the heirs, executors, administrators or other legal representatives of an owner, occupier or corporation to whom the context can apply according to law; "property" means any land, Including the buildings and structures on the land; "tree" means any species of woody plant which, at maturity, is usually 5 or more metres in height having one or more self-supporting trunks and includes the roots, branches, trunk, crown and all parts thereof; "utility" includes underground pipes, wires and conduits, utility poles, light standards and overhead wires, water shut off valves and hydrants; and "vegetation" means vegetation of any kind including shrubs (woody plants smaller than a tree and having a very short stem with low branches), but does not include flowers, trees or sod. References 2. In this by-law, reference to any Act or By-Law is reference to the Act or By-Law as it is amended or re-enacted from time to time. 3. Unless otherwise specified, references in this by-law to Parts, sections and subsections are to Parts, sections and subsections in this by-law. Word Usage 4. This by-law shall be read with all changes in gender or number as the context may require. 5. In this by-law, a grammatical variation of a defined word or expression has a corresponding meaning. Boulevard By-Law P a.g e 13 Severability 6. Each section of this by-law is an independent section, and the holding of any section or part of any section of this by-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other section or parts of sections of this by-law. Application 7. This by-law applies to all highways and sidewalks under the jurisdiction of the Municipality. 8. Nothing in this by-law shall be interpreted as requiring the Municipality to maintain rural ditches or drainage courses other than for the purpose of conveying road drainage. Exemptions 9. This by-law shall not be interpreted as restricting or prohibiting, (a) the placement or erection of signs in compliance with the Municipality's Sign By-law; (b) the installation and use of a driveway apron that has been approved by the Director of Engineering Services; (c) the temporary placement of refuse or debris for collection in compliance with the standards of the Region of Durham Waste Management By-law in effect at the time; or (d) the placement of fixtures in locations approved by the Director of Engineering Services. Conflict 10. To the extent of any conflict between the provisions of this by-law and any condition or other requirement imposed as part of any development approved under the PlanningAcf, R.S.O. 1990, c. P.13, the condition or other requirement shall prevail. PART 11 — BOULEVARD REGULATIONS Prohibitions 11. No person shall plant any vegetation within a boulevard. 12. No person shall place any fixtures, pillars, signage or similar objects within a boulevard without the prior approval of the Director of Engineering Services. Boulevard By-Law Page 14 13. (1) In this section, "hard landscaping material" means asphalt, concrete, interlocking brick or block, crushed or solid stone, gravel, slag, ground asphalt or wood. (2) No person shall place hard landscaping material, rocks, bricks, lawn ornaments, planters or similar objects within a boulevard. (3) Notwithstanding subsection (2), hard landscaping material may be placed within a driveway apron approved of the Director of Engineering Services. 14. No person shall erect a fence within a boulevard. 15. No person shall re-grade any portion of a boulevard. 16. No person shall leave unattended any obstruction within a boulevard. 17. No person shall permanently erect any obstruction within a boulevard. 18. No person shall remove or damage any sidewalk or other municipal improvement within a boulevard. 19. (1) No person shall alter or damage a municipal curb, sidewalk, ditch, drainage course or culvert within a boulevard. (2) Notwithstanding subsection (1), culverts and culvert treatments may be undertaken by an owner with the approval of the Director of Operations. 20. (1) No owner or occupier shall permit grass, turf or weeds in the boulevard area abutting their property to exceed a height of 20 centimetres. (2) Notwithstanding subsection (1), rural ditches may contain tall grasses, weeds, bulrushes or similar vegetation and may have local areas of standing water and minor erosion provided that road drainage is not interfered with. 21. No owner or occupier shall, (a) place or deposit or permit to be placed or deposited any fill in a ditch or drainage course located within a boulevard abutting their property; or (b) allow any silt to migrate into a ditch or drainage course located within a boulevard.abutting their property. Boulevard By-Law Page 15 Driveways 22. All requests to create a new driveway entrance or to alter an existing driveway entrance shall be processed in accordance with the Municipality's Entrance Policy. Sump Pumps 23. Owners shall be allowed to have sump pumps discharge into the Municipal stormwater system or rural ditches provided, in the opinion of the Director of Operations, there is no interference with the use or operation of any utility, any portion of the boulevard or any other part of a highway. Damage Deposits 24. When the Municipality's Chief Building Official, in his sole discretion, deems it necessary, persons applying to the Municipality for a permit to construct or demolish a building shall be required to provide security in an amount sufficient to cover the cost of any damage that may be caused to a boulevard as a result of the construction or demolition. General 25. No owner or occupier shall place or deposit or permit to be placed or deposited within a boulevard abutting their property anything that would, (a) interfere with the ability of the Municipality or any utility company to install, repair or maintain any utility; or (b) obstruct sight lines or otherwise interfere with the use of any utility or the operation of a highway. PART III - TREES Tree Planting 26. No person shall plant any tree within a boulevard. 27. Owners may request a tree to be planted by the Municipality within the boulevard abutting their property. Such requests will be investigated and, if deemed appropriate by the Director of Operations and if sufficient funds have been budgeted for such purpose, a suitable species of tree will be planted. Tree Pruning or Removal 28. No person shall remove, cut down, damage or destroy any tree within a boulevard. Boulevard By-Law Page 1 6 29. (1) Any owner may request that the Municipality remove or prune a tree located within a boulevard abutting the owner's property. (2) Requests for the removal or pruning of a tree shall only be approved if, in the opinion of the Director of Operations, the removal or pruning of the tree is necessary for public safety, the health of the tree, or another public purpose. (3) Any tree removal or pruning of a tree shall be at the expense of the Municipality, PART IV — ENFORCEMENT Order to Comply 30. (1) Where an officer is satisfied that there has been a contravention of any provision of this by-law, the officer may issue an order requiring the owner or occupier of the property abutting the boulevard on which the contravention has occurred or the owner of the fixture to do work to correct the contravention. (2) An order shall set out, (a) reasonable particulars of the contravention; (b) the location of the property or the fixture; (c) the general nature of work required to be done to correct the contravention; and (d) the date by which the work must be done, (3) An order may be served by, (a) personally delivering it to the owner or occupier; (b) sending it by registered mail to the owner at the address of the owner shown on the last revised assessment roll for the property or the last known address of the owner; or (c) sending it by registered mail to the occupier at the last known address of the occupier. (4) If the address of an occupier is unknown or the Municipality is unable to effect service on the owner or occupier in accordance with subsection (3), a placard setting out the terms of the order may be placed in a conspicuous place on or near the owner's or occupier's property, Boulevard By-Law Page ( 7 (5) Service of an order under this section shall be deemed to have been effected on the date that it is delivered personally, five days after it was mailed, or the date that it is posted on the property as the case may be. 31. No person shall fail to comply with an order. Remedial Action 32. (1) Where an order has been issued and compliance has not been achieved by the date specified in the order, the Municipality may cause the work set out in the order to be done. (2) The Municipality may recover the costs of doing any work undertaken pursuant to subsection (1), together with an administration charge equal to 25% of such costs, from the person required to do it by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes. Emergencies 33. In the event of an emergency, the Municipality may remove any plantings or obstructions located within a boulevard without notice or compensation to the owners or occupiers of property abutting the boulevard. Penalties 34. Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33. PART V - GENERAL Short Title 35. This by-law may be referred to as the `Boulevard By-law". Effective Date 36. This by-law comes into effect on the date of its passing. PASSED this day of June, 2013. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk