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HomeMy WebLinkAbout2013-066 THE CORPORATION OF THE MUNICPALITY OF CLARINGTON BY-LAW No. 2013-066 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 1 — 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 1 2 "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, sod or vegetables. 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 Page 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 Planning Act, R.S.O. 1990, c. P.13, the condition or other requirement shall prevail. PART II — BOULEVARD REGULATIONS Prohibitions 11. No person shall plant any vegetation within a boulevard. 12. No person shall erect any fixtures, pillars, signage or similar objects within a boulevard without the prior approval of the Director of Engineering Services. Boulevard By-Law Page 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) erect or deposit or permit to be erected 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 l 5 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 erect or deposit or permit to be erected 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 l 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. BY-LAW passed in open session this 17th day of June 201 " Adri r, Mayor at ' rrie, Municipal Clerk