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HomeMy WebLinkAboutEGD-17-03 UNFINISHED BUSINESS REPORT /:ending the Wrcy p �+ ENGINEERING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: MAY 20, 2003 Report#: EGD-17-03 File #: By-law #: Subject: GATE ACCESS TO MUNICIPAL OPEN SPACE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report EGD-17-03 be received; 2. THAT Council approve the attached policy addressing gates in fences abutting public open space; and 3. THAT the Municipality's standard Subdivision, Site Plan and Land Severance development agreements be amended to reference the policy contained within Attachment 1 to this report addressing gate access to Municipal Open Space. Submitted by: Anthony Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer ASC*PW*ce May 12, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 712 REPORT NO.: EGD-17-03 PAGE 2 1.0 PURPOSE OF REPORT 1.1 To establish a municipal policy governing the installation of gates from private property onto municipal open space (Attachment 1). 2.0 BACKGROUND 2.1 At a meeting held on October 29, 2002, Council considered correspondence from Mr. J. Hill, 74 Carveth Crescent, requesting permission for residents of Carveth Crescent to install gates to access the municipal property at the rear of their residential yards. The following resolution was passed: "THAT the residents of Carveth Crescent be given the option of installing gates to the Waterfront trail; and THAT staff be directed to develop a policy addressing gates in fences abutting public properties and that this policy be incorporated into future subdivision agreements." 3.0 COMMENTS 3.1 Existing Policy Regarding Fencing of Open Space Lands On June 26, 2001, Council approved a Planning Services Department policy (Attachment # 2) to ensure that standard subdivision agreements include a requirement that chain link fencing be installed along the boundaries of commercial, industrial, or residential development abutting open space areas. The purpose of the policy is to prevent encroachment on public lands, to protect environmentally sensitive features and to prevent accidental trespassing on private lands. Planning Services Department report PD-060-00 regarding Fencing of Open Space Lands dated July 19, 2000, describes the environmental impacts caused by encroachments, the removal of vegetation, and dumping on natural areas. The report 713 REPORT NO.: EGD-17-03 PAGE 3 further comments on the installation of gates: "In certain instances such as where there is a trail, it may be appropriate to provide for a gate at the rear of the property. This could be determined on a site-by-site basis. This would take place at the request and expense of the homeowners subject to a permit from the Public Works Department. The Public Works Department would prepare an appropriate design standard. In no cases would gates be permitted adjacent to highly environmentally sensitive features such as wetlands and woodlots." 3.2 Existing Concerns In most instances residents respect and protect the public land abutting their own properties, however in many other cases, vegetation has been removed, debris has been dumped, gardens have been created and public access has been blocked. This occurs most often where residential lots with no rear yard fence abut natural open space. Allowing unregulated gate access to natural areas will minimize the effectiveness of fencing the open space lands and could lead to the problems described above. Regulating where gate access is permitted would significantly minimize the opportunity for these activities to take place in the future and would protect existing vegetation and wildlife habitat. 3.3 Financial Implications The homeowner will be responsible for the entire cost of gate construction. The gate must be constructed in accordance with construction specifications provided to them by the Municipality. This will ensure that the fence and gate are constructed to the same standard and that the gate will last as long as the fence. Any future repairs to the gate will also be the responsibility of the homeowner. 3.4 Input from Other Departments This issue impacts the Departments of Operational Services, Planning Services and Clerks. They have reviewed this report and the proposed policy and concur with the recommendations. 714 REPORT NO.: EGD-17-03 PAGE 4 4.0 CONCLUSION 4.1 Public access to valley lands, woodlots and other natural open space areas is generally provided through the provision of walkways from the surrounding streets. This allows for public access and enjoyment of the space while limiting the opportunity for illegal dumping, clearing of vegetation, and encroachments. In most instances where residential land abuts municipal open space residents respect and protect the public land, however in some cases, vegetation has been removed, debris has been dumped, gardens have been created, and public access has been blocked. In order for the municipality to prevent these types of problems from occurring we must be able to control the points of access to municipal property. The problem areas are those where regular public use and surveillance do not occur, most frequently where natural areas are adjacent to residential land. Areas such as maintained parks do not normally have the same types of problems because the public recognizes them as spaces for public use and enjoyment. They are also more visible. Some people perceive valley lands and other natural areas as hazard lands with no real value. In reality they are valuable assets for public enjoyment, with ecosystems sensitive to disruption. In absence of a municipal policy, staff have denied gate access requests in the past by explaining to residents some of the problems that can result from unregulated access to natural areas. In most instances, residents understand and accept the municipal position. However, as the Municipality begins to plan for and construct trails adjacent to residential rear yards, there will be an increased demand from residents to access these trails directly from their property. Therefore it is necessary to have a municipal policy to control access points into municipal open spaces. It is recommended that gate access should be permitted only in locations that are visible, easy to inspect, and not sensitive to disruption. These areas would generally include maintained parks, where gates would not affect the operation or functionality of municipal 7t5 REPORT NO.: EGD-17-03 PAGE 5 facilities, and municipal trails that are directly adjacent to rear yards. All gate access requests would be reviewed individually with a site inspection. Where gate access is permitted, gates would be constructed to the same standard and quality as the subdivision fence. Residents would be required to sign a gate authorization form, pledging to construct the gate to the standard established by the municipality, not to disturb or illegally dump on municipal property, and to pay for the entire cost of the gate. Attachments: Attachment 1 - Gate Access to Municipal Property policy (proposed) Attachment 2 - Fencing of Open Space Lands policy (existing) 716 ATTACHMENT NO.: 1 REPORT NO.: EGD-17-03 ENGINEERING SERVICES DEPARTMENTAL POLICY SUBSECTION: SUBJECT: GATE ACCESS TO MUNICIPAL OPEN SPACE APPROVED BY: Council DATE APPROVED/ UPDATED: PURPOSE: To regulate the installation of gates from private property onto municipal open space. POLICY: Upon written permission from the Director of Engineering, and where circumstances are acceptable, private property owners are permitted to install gates leading to municipal open space. The private property owner must complete a Gate Request Form specifying the location of the proposed gate. An inspection by Engineering staff will be made and the request will be approved or denied based upon the following. Gate Access may be permitted where private properties abut municipal property such as maintained parks and paved municipal trails. In areas where future trails are proposed gate access will be evaluated once the trail has been constructed. Gate access will not be permitted where private properties abut natural open space areas such as valley land, woodlots or storm water ponds. Gate access will not be permitted if the proposed gate affects the operation or functionality of municipal facilities. Gate access will not be permitted in noise attenuation fences. When gate access is approved the gate must be constructed in accordance with the construction detail provided to the homeowner by the municipality. The homeowner shall arrange for and pay the entire cost of the gate and installation. The municipality shall perform a follow-up inspection to ensure the gate has been installed in accordance with the construction detail. The municipality retains the right to close up gates installed without municipal authorization or where encroachment onto public property has occurred. MUNICIPALITY OF CLARINGTON ENGINEERING SERVICES DEPARTMENT G1WORD\GatePolicy.doc 7 q 7 I ATTACHMENT NO.: 2 REPORT NO.: EGD-17-03 PLANNING SERVICES DEPARTMENTAL POLICY SUBSECTION: SUBDIVISION AND CONSENT SUBJECT: FENCING OF OPEN SPACE PSD-DS007 LANDS APPROVED BY: Council DATE APPROVED/ June 26, 2001 UPDATED: PURPOSE: To prevent encroachment on public lands, to protect environmentally sensitive features and to prevent accidental trespassing on private lands. POLICY: 1. THAT the Municipality's standard subdivision agreement include the requirement that 1.2 metre (4 ft.) high galvanized chain link fencing be installed on lots abutting open space areas. 2. THAT the requirement for fencing of open space lands be applied to all future phases of plans of subdivision, which have been draft approved. 3. THAT the Municipality's standard site plan agreement include the requirement that 1.5 m (5 ft.) chain link fencing be installed along the boundaries of commercial or industrial development abutting open space areas, subject to variance by the Director of Engineering and the Director of Planning Services where appropriate. Extract of Resolution GPA 279-00 I i I MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT HAPolicy\Fencing.DOC 718 i