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HomeMy WebLinkAboutEGD-17-03 Addendum ills • (; REPORT idirtg the Way ENGINEERING SEVI Meeting: COUNCIL Date: JUNE 2, 2003 Report#: ADDENDUM TO REPORT EGD-17-03 File #: By-law#: Subject: GATE ACCESS TO MUNICIPAL OPEN SPACE RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Addendum to Report EGD-17-03 be received; 2. THAT Report EGD-17-03 be lifted from the table and received; 3. THAT Council approve the attached policy addressing gates in fences abutting public open space; and 4. THAT this policy be incorporated into future subdivision agreements. Submitted by: Anthony Cannella, CA. Reviewed by: F nklin Wu, Director of Engineering Services Chief Administrative Officer PW*ASC*ce May 28, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T 905-623-3379 F 905-623-9282 REPORT NO.: ADDENDUM TO REPORT EGD-17-03 PAGE 2 2.0 BACKGROUND 2.1 At the GPA meeting held on Tuesday May 20, 2003, the Council of the Municipality of Clarington passed the following resolutions: "THAT Report EGD-17-03 be received; THAT the policy attached to Report EGD-17-03, addressing gates in fences abutting public open space be approved; and THAT the Municipality's standard Subdivision, Site Plan and Land Severance development agreements be amended to reference the policy contained within Attachment#1 to Report EGD-17-03 addressing gate access to Municipal Open Space. "SEE FOLLOWING MOTIONS" Resolution #GPA-220-03 Moved by Councillor Pingle, seconded by Councillor Trim THAT the policy regarding gate access to municipal open space (Attachment No. 1 to Report EGD-17-03) be amended in the fifth paragraph by deleting the words "not be permitted" and replacing them with the words "be considered". "SEE FOLLOWING MOTION" Resolution #GPA-221-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT Report EGD-17-03 be tabled for one week for staff to report back to Council advising how an applicant would be addressed under the policy if amended as proposed. "CARRIED" REPORT NO.: ADDENDUM TO REPORT EGD-17-03 PAGE 3 3.0 COMMENT Engineering Services has revised the proposed "Gate Access to Municipal Open Space Policy" to provide more flexibility and to address the specific insurance and liability concerns of gates into storm water ponds. The revised policy is Attachment No. 2 of this report. The revised sections of the policy have been shaded for ease of reference. The proposed revisions allow the flexibility to authorize the installation of gates in locations where public/municipal surveillance can ensure that encroachment, clearing of vegetation or illegal dumping will not occur. Acceptable locations would be those highly visible from adjacent streets or municipal walkways. This would allow municipal staff and the public to easily monitor gate access points to natural open space areas and woodlots. Stormwater ponds have now been broken out separately in the proposed policy to ensure that pedestrian access is not permitted for insurance and liability reasons. 4.0 CONCLUSION The proposed revisions to the "Gate Access to Municipal Open Space Policy" will allow for the installation of gates in some areas that abut valley lands or woodlots. However, the amendments to the policy will still ensure that the original goals of preventing encroachment, illegal dumping, and clearing of vegetation are still achieved. The policy has also been amended to ensure that the Municipality retains the right to close up gates if encroachment, illegal dumping or clearing of vegetation has occurred. Those granted gate access would be required to review the policy and our construction standards, and then sign an application acknowledging that they understand the policy and will adhere to it. REPORT NO.: ADDENDUM TO REPORT EGD-17-03 PAGE 4 Attachments: Attachment 1 - Report EGD-17-03 Attachment 2 - Proposed Policy— Gate Access to Municipal Open Space i ATTACHMENT NO.: 1 ADDENDUM TO REPORT EGD-17-03 • REPORT iadingtlte Way 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 ed Site the policy contained Severance within development agreements be amend 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 I PAGE 2 REPORT NO.: EGD-17-03 1.0 PURPOSE OF REPORT the installation of gates from private property 1.1 To establish a municipal policy governing onto municipal open space (Attachment 1). 2.0 BACKGROUND 2.1 At a meeting held on October 29, 2002, Council considered correspondence rom 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 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. it 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 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) 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 GAWORD\GatePolicy.doc ATTACHMENT NO.: 2 REPORT NO.: EGD-17-03 PLANNING SERVICES DEPARTMENTAL POLICY SUBSECTION: SUBDIVISION AND CONSENT SUBJECT: FENCING OF OPEN SPACE PSD-DS007 LANDS j 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. I 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 I� MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT H PolicyTencing.DOC ATTACHMENT NO.: 2 ADDENDUM TO REPORT 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 wdl be considered where private propert�ds abut valley Land or woadlots Gates w I I be permitted pnly where pblic/municipal surveillance cawr-ensure that encroachment, clearing of vegetation orillegai:dumpmg would`be easily detected: G?ate Access vu�Il not be permitted into storm water ponds due to insurance and l�alaiil�ty concerns 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. ZA The MbniGipality retains the right to clone up gates installed;without mulnicipal`authorization or where encroachment onto public property; ilNegal dumpang, or clearing of uegetation=