HomeMy WebLinkAboutCLD-001-16 Clarington
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Meeting: General Government Committee
Date: January 4, 2016 Resolution: By-law:
Report: CLD-001-16 File: �So\u�� (�G_
Subject: Snow Removal By-law Amendment
Recommendations:
1. That Report CLD-001-16 be received;
2. That the costs for the Municipality to remove snow, slush or ice from any sidewalk where
the owner/occupant has failed to remove it, be amended to reflect the fees detailed in
Report CLD-001-16;
3. That the draft by-law, included as Attachment 1 to Report CLD-001-16 be approved; and
4. That all interested parties listed in Report CLD-001-16 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report CLD-001-16 Page 2
Report Overview
In 2015, the process for addressing snow clearing violations on municipal sidewalks was
completely overhauled. After working with the new process for one winter season staff has
discovered that the process requires some minor adjustments to add rates for vacant and
agricultural land and lands which are under development.
1 . Background
1.1 Current Regulations
By-law 93-144, as amended, provides the owner and/or occupant of a property 24 hours
after a fall of snow, rain or hail to clear and remove snow, slush or ice from the sidewalks
in front of, alongside, or at the rear of their property.
Fixed costs were established to streamline invoicing. Where an owner and/or occupant of
property has failed to comply with snow clearing requirements set out in By-law 93-144, a
set of fees were established. The current fees are as follows:
Details of Work Undertaken on Distance of sidewalk area Fee
sidewalk in front of, alongside, or on which the work was
at the rear of: undertaken:
Residential Property Up to 23 metres (75.5 feet) $150 flat fee
Residential Property Greater than 23 metres $250 flat fee
(75.5 feet)
Commercial / Industrial Property $4.00 per metre
While working with the new invoicing process during the 2014-15 winter season, it
became apparent that the fee structure did not adequately address vacant lands or lands
which are currently under development.
2. Discussion
The recent by-law does not specifically address vacant lands or lands which are currently
under development. Recognizing this shortcoming, staff applied the
Commercial/Industrial rate to these properties to ensure adequate cost recovery.
Residential developments contain large tracts of land all under the ownership or control of
one corporation. For the developer, this is a business, not a private residential property
being built on. The costing needs to reflect this reality.
Once a property has been developed and the sale has closed, (a house, factory or store
built on site) it does not matter if it is occupied. It will be dealt with as an individual piece
of land.
Municipality of Clarington
Report CLD-001-16 Page 3
Recent trends in Planning have introduced mixed use zoning for Commercial/Residential
lots. These must also be addressed in the proposed fee structure.
Staff are therefore recommending that the fees be amended to the following:
Details of Work Undertaken on Distance of sidewalk area Fee
sidewalk in front of, alongside, or on which the work was
at the rear of: undertaken:
Developed Residential lot with at
least one dwelling unit Up to 23 metres (75.5 feet) $150 flat fee
Developed Residential lot with at Greater than 23 metres $250 flat fee
least one dwelling unit (75.5 feet)
Developed land with a Commercial
/ Industrial or mixed use building on $4.00 per metre
it
Vacant land (regardless of its
Zoning Designation) or any land
under development prior to the date $4.00 per meter
of closing of sale
3. Concurrence
This Report has been reviewed by David Crome, Director of Planning Services with
regard to land use designations and he concurs with staff recommendations.
4. Conclusion
Based on the foregoing, it is respectfully recommended that By-law 93-144 be amended
to establish a modified fee structure for cost recovery for work undertaken by the
Municipality in accordance with By-law 93-144.
Strategic Plan Application
The recommendations contained in this report conform to the Strategic Plan.
Submitted by: F ` - f Reviewed tb .
�r
C. Anne Greentree Franklin Wu,
Municipal Clerk Chief Administrative Officer
Municipality of Clarington
Report CLD-001-16 Page 4
Staff Contact: L. Creamer, Manager of Municipal Law Enforcement, 905-623-3379 ext. 2110 or
Icreamer@clarington.net
Attachments:
Attachment 1 - Draft Amending By-law
There are no interested parties to be notified of Council's decision.
CAG/LD
Attachment 1
To Report CLD-001-16
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2016-
Being a By-law to regulate the clearing away and removal of snow and ice
from the roofs of buildings and from sidewalks within the Municipality of
Clarington and to amend By-law 93-144
WHEREAS Council deems it necessary to amend By-law 93-144
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
THAT By-law 93-144 be amended as follows:
Section 4 — Delete the current section in its entirety and replace with the following.-
Any
ollowing:Any and all expenses incurred for work undertaken shall be recovered at
the following rates, and may be recovered by action, or in like manner as
taxes.
Details of Work Undertaken on Distance of sidewalk Fee
sidewalk in front of, alongside, area on which the work
or at the rear of: was undertaken:
Developed Residential lot with at Up to 23 metres (75.5
least one dwelling unit feet) $150 flat fee
Developed Residential lot with at Greater than 23 metres
least one dwelling unit (75.5 feet) $250 flat fee
Developed land with a
Commercial / Industrial or mixed $4.00 per metre
use building on it
Vacant land (regardless of its
Zoning Designation) or any land
under development prior to the $4.00 per meter
date of closing of sale
BY-LAW passed in open session this day of 12016.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk