HomeMy WebLinkAboutCLD-39-04
q@l!gron
REPORT
CLERK'S DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: December 6, 2004
Report #: CLD-39-04
File#:
fC511 Cfl1'6b;}.-U{
By-law #:
Subject:
ENCROACHMENTS ON MUNICIPAL PROPERTY
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report CLD-39-04 be received for information,
Submitted by:
Reviewedl;;.- nklin Wu,
7/ Chief Administrative Officer
PLB/LC/ct
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
IlHJ
REPORT NO.:CLD-39-04
PAGE 2 OF 4
BACKGROUND AND COMMENT
The Municipality owns several tracts of land which abut private residential properties. In many
cases there are no fences to mark the boundary between the private and the municipal lands.
In July 1990 Municipal Council adopted a policy to not fence open spaces bordering residential
areas. This was based on a series of events involving two subdivisions wanting unrestricted
access to the open space areas.
Over the years as subdivisions have grown, there has been a slow process of encroachment
by many of the private property owners seeking to increase the usable area of their yards.
These encroachments have ranged in scope from simply placing garden furniture on flood
plains to cutting trees, clearing brush and altering physical terrain in order for the adjacent
homeowners to have more land for their personal use,
In June 2000, the Municipality adopted the policy of reintroducing fencing requirements for
subdivision agreements. Fencing was once again required for all properties abutting open
spaces. All developments that have come forward since that date now require fencing. A
concern remains, however, with those subdivisions that have been approved and built between
July 1990 and June 2000. The Municipality needs to identify those areas where encroachment
onto our property is occurring,
ISSUES
During the development process, lands are given over or dedicated to the Municipality for a
number of reasons. Areas of deep slope or those on the flood plains are taken in order to form
a protective barrier between the residential areas and these hazard and environmentally
protected lands. Areas along stream valleys are dedicated in order to create, or in some cases
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
11'*1
REPORT NO.:CLD-39-04
PAGE 3 OF 4
restore, green corridors, Some lands are transferred to the Municipality in order to form a
buffer zone between residences and the growing system of walking trails within the
Municipality, thus ensuring both active and passive recreational activities, which are compatibie
with the natural environment. All of these areas are recognized as important to the healthy
development of the Municipality. The destruction or reduction of these areas cannot be
allowed to continue. The sale or divestment of these lands by the Municipality is not an option.
The east side of Foster Creek, the houses on Pinedale backing onto the greenbelt and those
on Galbraith are examples of the areas involved. A preliminary review of the approved
subdivisions in Clarington produced 44 areas comprising over 120 plans, which have been
approved between 1990 and 2000. Not all of these areas have greenbelts or open spaces in
or adjacent to them, but all will have to be reviewed in depth to determine their status.
As stated previously, encroachments have been witnessed in the open space. In addition to
the trespass issues, there are also third party liability concerns. The Municipality can be held
liable for injuries to the public caused by accidents involving alterations and materials placed
on our property. In addition, actions for flooding caused by the alteration or destruction of flood
plain areas can also be brought against the Municipality.
In those cases where a landowner decides that they want a fence for their own security or
privacy, the Municipality can be held accountable under the Line Fences Act in the same
manner as any adjoining neighbour. A municipal policy not to fence does not override a
landowner's rights as set out in the Act. The Municipality can be held accountable for all or
part of the cost of construction of a fence. In effect, the fencing cost has simply been
transferred from the developer to the Municipality. This has already happened on a few
properties.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
11 it;;
REPORT NO.:CLD-39-04
PAGE 4 OF 4
While some property owners may maintain that they paid a premium price for lots overlooking
ravines or backing onto open space, that price did not include unrestricted access to these
areas.
PROPOSAL
In order to determine the extent of the encroachments, staff are considering the hiring of
summer students to investigate each of the 44 affected areas that have been identified
(comprised of 122 plans) and determine the need for enforcement action. Once these areas
have been inspected and delineated, appropriate enforcement action can begin.
Once the materials are removed, the Municipality will continue to monitor the areas to ensure
the encroachments do not reoccur. This work will require an element of public education to
acquaint the public with the fact that this is municipal land and that the adjacent landowners are
trespassing. If this is not effective and the encroachments continue, staff will be
recommending further, more aggressive actions be taken.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506
li.JJ