HomeMy WebLinkAboutEGD-030-04
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REPORT 112
Cl~#Jglon
REPORT
ENGINEERING SERVICES DEPARTMENT
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Meeting:
COUNCIL
Date:
May 10, 2004
Resolution #: C -). 5&:;;- o<f
Report #: EGD-30-04
File#:
By-law #:
Subject:
PROPOSED INSTALLATION OF A BARRIER STRUCTURE AT THE
WESTERLY TERMINUS OF BOUNDARY ROAD IN BURKETON
Recommendations:
1. THAT report EGD-30-04 be received;
2. THAT the request for the installation of a barrier at the westerly terminus of
Boundary Road in Burketon be referred back to Staff for processing and the
preparation of a further report following the receipt of all outstanding comments;
and
3. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by: 4((~
A.S. Cannella, C.E.T.
Director of Engineering Services
ReviewedbQ~~
Franklin Wu
Chief Administrative Officer
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April 30, 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905) 623-0830
Report #EGD-30-04 Page 2
PROPOSED INSTALLATION OF A BARRIER STRUCTURE AT THE WESTERLY
TERMINUS OF BOUNDARY ROAD IN BURKETON
1.0 BACKGROUND
In certain areas of the Municipality there are situations where residents have
been experiencing considerable difficulty and frustration due to the growing
number of all terrain vehicles (ATVs), dirt bikes and other recreational vehicles
traveling on Municipal public road allowances in their area. Although it is illegal
at this point to operate an ATV on a municipal roadway without specific by-laws
having been passed, there are some locations where, due to their proximity to
the trails, there has been a history of problems with recreational vehicular traffic.
One such area can be found along the Boundary Road between the Township of
Scugog and the Municipality of Clarington, north of the western terminus of
Boundary Road in Burketon. Here there have been ongoing concems expressed
with respect to heavy traffic, noise problems and even on occasion, of property
damage caused by trespassing.
While illegal A TV and recreational vehicular traffic is largely a police enforcement
issue, there are sometimes instances, where the Municipality may be in a
position to suggest or implement specific solutions to certain problems. Such
may be the case in Burketon where a group of local area residents have
requested that the Municipality consider the installation of a barrier at the
westerly terminus of Boundary Road. It has been suggested that the installation
of an appropriate barrier, designed to permit pedestrian traffic and other uses,
while restricting or redirecting illegal traffic, may provide the relief residents in this
area have been asking for.
2.0 REVIEW AND COMMENTS
I n the Burketon area Boundary Road (see attached key map), is one of the most
convenient and heavily used access points into the East Cross Forest area
(formerly referred to as the Test Hill), an area which has been receiving much
consideration from the East Cross Forest Task Force. This Task Force was
created within the last year or so to "remedy problems plaguing the East Cross
Report #EGD-30-04 Page 3
PROPOSED INSTALLATION OF A BARRIER STRUCTURE AT THE WESTERLY
TERMINUS OF BOUNDARY ROAD IN BURKETON
Forest". Problems include, but are not limited to, "trespassing, the dumping of
waste, and environmental damage",
When the suggestion was first made to consider the installation of a barrier on
Boundary Road we believed that the concems we were hearing certainly
warranted a comprehensive review of the situation in this area. To be truly
comprehensive, as well as respectful of everyone involved, it is important to
obtain feedback from as many different perspectives as possible including other
local area residents, Durham Regional Police Services, Fire and Ambulance.
It is also important to look at how the alteration of this road allowance will impact
upon the Burketon community as a whole, If, for example, a barrier structure is
constructed at the westerly terminus of Boundary Road, we first need to look at
the pOSSibility that the problem could merely be shifted from one residential area
to another? Also important is the need to take a full inventory of the current
permitted uses of the road allowance such as snowmobiling, trail walking and
horseback riding, so that any disruption of these activities is either minimized or
avoided during the design process. Ideally the appropriate structure will continue
to allow permitted uses of the trails, discourage non-permitted uses and facilitate
timely emergency access.
2.1 The East Cross Forest Task Force
The East Cross Forest Task Force was created late in 2002 "to develop short-
term solutions and a long-term strategy for problems plaguing the area.
Trespassing, particularly by motorized vehicles, environmental degradation, and
the dumping of waste were identified as major problems". The East Cross Forest
is approximately 3350 acres "and is located in the southeastern portion of the
Township of Scugog". "The area generally lies north of Boundary Road and the
Municipality of Clarington, east of Fowler Road", and west of the Regional
Report #EGD-30-04 Page 4
PROPOSED INSTALLATION OF A BARRIER STRUCTURE AT THE WESTERLY
TERMINUS OF BOUNDARY ROAD IN BURKETON
boundary with the City of Kawartha Lakes. This area is recognized as having a
natural heritage and significance as it is the source of the East Cross Creek on
the Oak Ridges Moraine.
The members of the "Task Force recommended a long-term land use
management strategy for the area", "permitting a multi-use area including
forestry, natural conservation, and recreational uses", To discourage non-
permitted uses it was suggested that "enhanced enforcement, effective signage,
public awareness and education", as well as access control be encouraged. The
Task Force determined that "appropriate barriers should be strategically located
to prohibit unauthorized access into the trails and associated road allowances",
Furthermore, it was agreed that both Scugog and Clarington would be willing to
"consider a joint pilot project to test the effectiveness of controlling access to the",
area if the findings of a public forum support the appropriateness of doing so.
It should be noted however, that while Clarington is willing to support this pilot
project there are concerns that if access point(s) are closed off in one particular
area, it is not unrealistic to expect that in some cases we may only be shifting the
problems elsewhere. This is a real concern from the perspective of the Durham
Regional Police.
2.2 Public Reaction
Burketon is not unlike many of the more rural communities within Clarington in
that many of the residents who live there chose to do so specifically because
there is the promise of some outstanding outdoor recreational opportunities.
Others chose their homes in Burketon because they hoped the area would
provide more of the peace and quiet they were looking for.
Report #EGD-30-04 Page 5
PROPOSED INSTALLATION OF A BARRIER STRUCTURE AT THE WESTERLY
TERMINUS OF BOUNDARY ROAD IN BURKETON
Early in July of 2003 the Municipality of Clarington and the Township of Scugog
sent out letters to many of the residents in the Burketon area asking them for
their preliminary comments and suggestions about the proposed closure. We
believed that it was necessary to assure those who will be affected by this
decision that they will be heard before we consider further action. Response to
this preliminary inquiry revealed that public reaction to the possibility of restricted
access into the trails from Boundary Road may at best be divided into groups
very much for and very much against such a proposal.
2.3 Uses of Boundary Road
Permitted uses of Boundary Road currently include vehicular access to the
homes in this area, as well as pedestrian access into the trails. It is important to
allow for emergency access into the trails especially in light of the fact that we
have been advised that car fires in the trails are not uncommon. We also
recognize that snowmobile clubs in the area have had agreements in place with
the Township of Scugog for several decades and so snowmobile trails are
currently a permitted use.
At this point it is illegal to operate an off-road vehicle on any Municipal roadway
in Clarington, as by-laws have not been passed to permit this. That being the
case off-road vehicular traffic is currently not a permitted use.
2.4 Requirements Under the Ontario Municipal Act
Boundary Road is covered by a Boundary Road Agreement between the
Township of Scugog and the Municipality of Clarington which specifies that
Clarington is the road authority for a portion of the subject section of road
allowance. In accordance with the Municipal Act, paragraph 34(2), the "alteration
of highways", requires that a by-law be passed to allow these changes. Because
this section of Boundary Road is under joint jurisdiction alterations would require
Report #EGD-30-04 Page 6
PROPOSED INSTALLATION OF A BARRIER STRUCTURE AT THE WESTERLY
TERMINUS OF BOUNDARY ROAD IN BURKETON
that by-laws be passed by both Clarington and Scugog. As part of this process
the Municipality of Clarington along with the Township of Scugog is required to
hold public meetings to allow interested parties to express their concems and
both will be collecting comments from internal and external agencies that have
an interest in this matter.
2.5 Barrier Designs
Several designs have been considered by both the Municipality of Clarington and
the Township of Scugog, but our final recommendation to Council will include a
most suitable design that meets the need to limit illegal off-road vehicular traffic
while allowing pedestrian and other permitted access into the trails. The final
barrier design will be one that has been endorsed by police, fire and ambulance
personnel who must feel confidant that this design will allow timely emergency
access.
It has been agreed that the costs associated with the implementation of this pilot
project, including installation and maintenance costs, will be shared jointly
between the Municipality of Clarington and the Township of Scugog in
accordance with the respective Boundary Road Agreement.
3.0 AGENCY & PUBLIC COMMENTS
The details of this request have been circulated to various agencies and their
concerns will be made available in our final report. In addition, and because
Boundary Road is under joint jurisdiction, we will be working co-operatively with
the Township of Scugog to co-ordinate having similar by-laws passed by both
municipalities.
Report #EGD-30-o4 Page 7
PROPOSED INSTALLATION OF A BARRIER STRUCTURE AT THE WESTERLY
TERMINUS OF BOUNDARY ROAD IN BURKETON
4.0 STAFF COMMENTS
On October 20, 2003 Council approved Resolution #C-540-03, stating that
Clarington will consider altering the unopened Boundary road allowance in
cooperation with the Township of Scugog provided that the provisions of
subsection 34(2) of the Municipal Act, 2001 with respect to the giving of public
notice, is met. As the purpose of this report is to satisfy the Public Meeting
requirement under the Municipal Act, it is respectfully recommended that this
report be referred back to Staff for further processing and the preparation of a
subsequent report.
Attachment 1 - Key Map
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TOWNSHIP OF SCUGOG
Unopened Road Allowance
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MUNICIPALITY OF
CLARINGTON
(BURKETON)
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Boundary Road
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Engineering Services
REPORT EGD-30-o4
ATTACHMENT NO.1
APR.2004