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Home My WebLink AboutPD-060-00 o ;; , " '.. -:"'1 ~! THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File# FI ~ Res. # 01/1- J 71-00 Date: Monday June 19,2000 Report #; PD-060-00 File #; PLN 30.1 By-law # Subject: FENCING OF OPEN SPACE LANDS FILE NO.: PLN 30.1 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-060-00 be received; 2, 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; 3. THAT the requirement for fencing of open space lands be applied to all future phases of plans of subdivision which have been draft approved; 4. 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 Public Works and Director of Planning and Development where appropriate; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. 1. BACKGROUND 1.1 Prior to 1990, it was municipal policy to require that 1.8 metre (6 ft.) privacy fencing be installed along the boundary between residential lots and open space lands. At the request of a number of residents who did not want fencing, Council requested staff to review the fencing policy, In response, staff recommended that fencing be maintained for the following reasons: . Provides a clear delineation of private and public property . Prevents encroachment on public lands . Discourages trespassing on private property 609 .' ,'REPORT PD-060-00 PAGE 2 ,~ < · Discourages trespassing on public property by heavy equipment used for rear yard construction including pools . Limits municipal liability · Limits problems of enforcement ofby~laws on municipal lands · Limits exposure to future fencing obligations to resolve problems However, staff also recommended in 1990 that fencing standards be revised from a 6 foot (1.8 metre) privacy fence to a 4 foot (1.2 metre) chain link fence. This change was in response to the concerns of homeowners who had paid a premium for ravine lots but would be blocked from having a "premium view". 1.2 Council reviewed staff's report on May 28, 1990 and referred that matter to the Municipality's solicitor to address the question of liability. A verbal report from the Solicitor was provided to the General Purpose and Administration Committee on July 23, 1990. Committee and Council adopted a resolution which in part reads as follows: "That staff be directed to delete the fencing requirement from subdivision agreements; That the hazardous areas located in a subdivision be signed where appropriate and necessary. " 1.3 Since that time, most subdivision agreements have not required fencing of open space areas. However, in the last two years, fencing requirements have been re~instated on a case-by-case basis due to the problems noted in Section 2 and due to the recommendations of the environmental impact studies prepared for various plans of subdivision. These include: 18T-91004 18T-92014 18T-91005 18T-99018 18T-96013 18T -94027 Port of Newcastle Courtice Heights Black Creek Developments Lizjan Development In the above cases, the fencing has been 1.2 metre chain link fencing. 2. THE PROBLEM 2.1 Encroachment into Open Space Lands An encroachment occurs when a property owner intrudes on, in, under or over ground 610 / . 'REPORT PD-OGO-OO PAGE 3 - . space of an abutting municipal property whether deliberately or inadvertently. The unauthorized use of municipal property is illegal. The Municipality needs to be concerned due to public safety, environmental damage, potential restoration costs and liability claims among other matters. There have been a number of incidents reported regarding encroachments into municipal open space. On the basis of various site visits for other purposes, staff believe that this is a much larger problem than the reported incidents. There has been no comprehensive review of this situation. The Property Manager investigated one incident in 1999 on Glenabbey Drive in Courtice. At this time seven (7) residential properties encroached on abutting open space lands with the following structures or uses: 4 storage sheds, one vegetable garden and two playground swings. The Property Manager is reviewing this situation and will be reporting on this matter at a later time. 2.2 Environmental Impacts Encroachment of structures and gardens, the removal of trees and shrubs, sodding, dumping of unwanted items, increased predation by domestic animals and the introduction of non-native species are occurring in many of the open space areas which have not been fenced. All these activities negatively effect the features and functions of the natural area. Many of these intrusions into the open space areas will negatively impact the natural features and functions for which the open space area had been identified and secured. This includes protection from natural hazards including flooding or unstable slopes. Fencing would provide a direct barrier, effectively reducing the scope of these intrusions into the open space area. 611 . , .REPORT PD-060-o0 PAGE 4 , , At a time when we are striving to preserve as many environmental features as possible, it is poor stewardship not to incorporate the most rudimentary measures to provide for their protection. 3. PROPOSED REVISED POLICY ON FENCING 3.1 It is recommended that it be standard municipal policy to require developers to install fencing along the boundaries of lots abutting open space lands. This would apply equally to residential, commercial and industrial lots. This requirement would be incorporated into all subdivision and site plan agreements. Where subdivision agreements have been executed, it would be applicable to all future phases. 3.2 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 homeowners subject to a permit from the Public Works Department. The Public Works Department would prepare an appropriate design standard. In no case would gates be permitted adjacent to highly environmentally sensitive features such as wetlands and woodlots. 3.3 A review of municipal policy for the lakeshore municipalities in Durham was undertaken. Most municipalities require fencing as shown on Table I. Table 1 Fencing of Open Space Lands in Residential Plans of Subdivision Pickering Ajax Whitby Oshawa Fencing Determined on site Yes Yes Yes Required by site basis Design 1.8 m chain link, 1.8 m chain link. 1.2 m black vinyl- 1.5 m chain link Standard privacy fencing or coated chain link fann fencing (for wildlife corridor) Gates Yes, at Yes, at Access determined No Permitted homeowner's homeowner's on site by site expense expense and basis. Fence at subj ect to home-owner's application expense and subject to fees 612 4" ." ....,... , .""'"- -, ..REPORT PD-060-00 PAGE 5 3A In most cases, fencing should also be installed for commercial and industrial developments along open space lands. It is recommended that L5 metre (5 it) fencing be installed in these instances. In certain circumstances, it would be appropriate to vary this requirement such as where a valleyland trail would connect to a commercial plaza. 3.5 This report has been reviewed by the Property Manager, 4. CONCLUSION 4.1 Due to encroachment problems currently being experienced and the environmental impact of such encroachments on lands identified, secured and zoned as Environmental Protection, it is recommended that fencing be installed through the development process. Respectfully submitted, Reviewed by, i rome, M.C.LP., R.P.P. r of Planning & Development d r-~~Wu Franklin Wu, M.C.LP., RP.P., Chief Administrative Officer ~1/~ Stephen A. Yokes, P. Eng., Director of Public Works DJC*SY*cc June 14, 2000 613