HomeMy WebLinkAboutBy-law 6831/08
THE CORPORATION OF THE CITY OF PICKERING
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BY-LAW NO. 6831/08
A by-law to regulate the
maintenance and use of boulevards
WHEREAS paragraph 1 of subsection 11 (3) of the Municipal Act, 2001 provides that a
municipality may pass by-laws respecting highways under its jurisdiction; and
WHEREAS the City of Pickering deems it necessary to regulate the maintenance and
use of the boulevard portion of highways under its jurisdiction.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
PART I - INTERPRETATION
Definitions
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1. In this by-law,
(a) "boulevard" means all parts of a highway including the sidewalk, but
excluding the roadway and shoulder;
(b) "City" means the geographical area of the City of Pickering or the
Corporation of the City of Pickering, as the context requires;
(c) "Director" means the City's Director, Operations & Emergency Services or
a designate;
(d) "erect" includes display, attach, affix, post, alter, construct, place, locate,
install, relocate and maintain;
(e) "highway" has the same meaning as in subsection 1 (1) of the Highway
Traffic Act and includes unopened and unassumed road allowances;
(f) "occupier" means a lessee, tenant, mortgagee in possession or any other
person who appears to have care and control of any property;
(g) "officer" means a municipal law enforcement officer appointed by the City
to enforce the City's by-laws;
(h) "order" means an order issued by an officer under subsection 28(1);
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(i)
"owner" the person identified in the most recent tax roll as the owner of
any property;
U) "person" includes a corporation and the heirs, executors, administrators or
other legal representatives of a person to whom the context can apply
according to law;
(k) "plantings" means vegetation of any kind including hedges, shrubs and
flowers, but does not include trees;
(I) "property" means any land, including the buildings and structures on the
land;
(n)
(m) "refuse or debris" includes garbage or rubbish of any kind and, without
limiting the generality of the foregoing, includes a vehicle that appears by
reason of its appearance, mechanical condition or lack of current licence
plates to be inoperative, inoperative mechanical equipment, automotive
and mechanical parts, appliances, furnaces, heater or fuel tanks, disused
furniture, table waste, paper, cartons, crockery, glassware, cans, garden
refuse, earth or rock fill, old or decayed lumber, material from construction
or demolition projects, and old clothing; and
"utility" includes underground pipes, wires and conduits utility poles, light
standards and overhead wires, water shut off valves and hydrants, road
pavements, curbs and drainage ditches.
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References to Legislation
2. In this by-law, reference to any Act, regulation or by-law is reference to that Act,
regulation or by-law as it is amended or re-enacted from time to time.
Word Usage
3. This by-law shall be read with all changes in gender or number as the context
may require.
4. A grammatical variation of a word or expression defined has a corresponding
meaning.
Construction
5. Schedule "A" (TREES) and Schedules "B 1" and "B2" (FEES) are attached to and
form part of this by-law.
6. Unless otherwise specified, references in this by-law to Parts, sections and
schedules are to Parts, sections and schedules in this by-law.
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Severability
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7. Each section of this by-law is an independent section, and the holding of any
section or part of any section of this by-law to be void or ineffective for any
reason shall not be deemed to affect the validity of any other section or parts of
sections of this by-law.
Application
8. This by-law shall apply to all highways under the jurisdiction of the City.
PART 11- BOULEVARD MAINTENANCE
Permitted Activity
9. Except as set out in this by-law, an owner or occupier may sod or landscape the
boulevard abutting their property.
Standards
10. No owner or occupier shall maintain the boulevard abutting their property other
than in accordance with the following standards:
- (1 ) No plantings shall be permitted,
(a) within 0.6 metres of a sidewalk;
(b) within 1.8 metres of the curb where no sidewalk exists; or
(c) within 1.5 metres of the top of the bank of a roadside ditch.
(2) No plantings shall exceed 1.0 metres above the grade of the boulevard.
(3) No plantings shall be permitted in a location that may, in the opinion of the
Director, impede or block access to any sidewalk or utility or interfere with
snow removal.
(4) No plantings shall be permitted in a location that may, in the opinion of the
Director, create a traffic safety issue.
(5) Nothing that is protruding, sharp or dangerous in any way or which may
injure any person shall be permitted.
(6) No grasses or weeds shall exceed a height of 15 centimetres.
(7) No rocks, bricks, concrete slabs or other large objects shall be permitted.
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(8) Subject to section 33, no light fixtures, pillars, signage or similar objects
shall be permitted.
General Prohibitions
11. (1)
(2)
12. (1)
In this section, "fence" includes posts, walls and any similar structure.
No person shall erect a fence within a boulevard.
In this section, "hard surface" means asphalt, concrete, interlocking brick
or block, crushed or solid stone, gravel, slag, ground asphalt, wood or any
other non-porous material.
(2) No person shall alter a boulevard by adding or maintaining any hard
surface material without prior approval from the City.
13. No person shall throw, place or deposit any refuse or debris on any boulevard.
14. No owner or occupier shall permit any refuse or debris to be deposited on the
boulevard abutting his property.
15. Every owner and occupier shall remove all refuse or debris from the boulevard
abutting his property.
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16. No owner or occupier shall place or deposit or permit to be place or deposited
any fill in a road ditch or drainage course located within a boulevard abutting his
property.
17. (1) In this section, "obstruction" means any basketball net, hockey net,
skateboard ramp or any other object that interferes with the safe
movement of pedestrians or vehicles.
(2) No person shall leave unattended any obstruction on any
boulevard.
(3) No person shall permanently erect any obstruction within a
boulevard.
18. (1 ) In this section,
(a) "fixture" means any structure that the City permits to be located
within a boulevard including a utility box, newspaper vending box,
bench, transit shelter, telephone box, telephone booth, transformer
box or vault, telephone pole, hydro pole, streetlight, stoplight pole,
recycling waste module, mailbox, and street sign; and
(b) "damage" includes defacing, tagging and placing graffiti.
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(2) No person shall remove, cut down, damage or destroy any tree, fixture,
grass, plantings, sidewalk or other improvements on any boulevard other
than in accordance with Part III or Part IV.
(3) Every fixture owner shall maintain its fixtures in a condition that is free of
damage.
Utilities
19. The owner or occupier of property abutting a boulevard shall remove any
plantings located within the boulevard at their own expense upon 10 days notice
from the City (except in cases of emergency) if such removal is considered
necessary by the City for the installation, repair or maintenance of any utility or
for the maintenance of sight lines or if the plantings interfere with the use of the
utility.
Emergencies
20. In the event of an emergency, the City may remove any plantings located within
a boulevard without notice or compensation to the owners or occupiers of
property abutting the boulevard.
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PART 111- TREES
Tree Planting
21. (1) No person shall plant any tree within a boulevard without prior approval
from the Director.
(2) Any owner may request permission to plant a tree in a boulevard abutting
their property. Any such request shall be submitted to the Director in
writing.
(3) When considering a request to plant a tree within a boulevard, the Director
shall give preference to the species of deciduous tree listed in Table 1 of
Schedule "A" except where height restrictions exist due to power lines or
other overhead obstructions. Where height restrictions exist, the Director
shall give preference to the species of deciduous tree listed in Table 2 of
Schedule "A".
(4) No person shall plant or maintain a coniferous tree or a deciduous tree of
a species listed in Table 3 of Schedule "A" within a boulevard.
Tree Removal
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22. (1 )
In this section, "City tree" means a tree planted by or at the request of the
City.
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(2) Any owner may request that the City remove or prune a City tree located
in a boulevard abutting their property. Any such request shall be
submitted to the Director in writing.
(3) Requests for the removal or pruning of a City tree shall only be approved
if, in the opinion of the Director, the removal or pruning of the City tree is
necessary for safety, the health of the City tree or any other public
purpose.
(4) Any tree removal or pruning of a City tree shall be at the expense of the
City.
PART IV - BOULEVARD WORKS
Driveway Entrances
23. (1)
No person shall alter a driveway entrance within a highway that has not
been assumed by the City without the approval of the City's Director,
Planning & Development or a designate.
(2) Fees for works that alter a driveway entrance within a highway that has
not been assumed by the City shall be as set out in Schedule "B1 ",
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24. (1)
Subject to section 25, no person shall alter a driveway entrance within a
highway that has been assumed by the City without the approval of the
Director.
(2) Fees for works that alter a driveway entrance within a highway that has
been assumed by the City shall be as set out in Schedule "B2".
25. No person shall alter a driveway entrance within any City highway as part of any
construction undertaken under a building permit without the approval of the City's
Director, Planning & Development or a designate.
Damage Deposits
26. All persons applying to the City for a permit to construct or demolish a building,
install site services or install an inground swimming pool enclosure shall be
required to deposit with the City the amount set out in Schedule "B2" to cover the
cost of any damage that may be caused to the boulevard as a result of the
construction or demolition.
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PART V - ENFORCEMENT
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27. An officer may, at any reasonable time, enter upon any land for the purpose of
carrying out an inspection to determine whether or not the provisions of this by-
law have been complied with.
28. No person shall prevent, hinder or interfere or attempt to prevent, hinder or
interfere with an inspection undertaken by an officer.
Order to Comply
29. (1) Where an officer is satisfied that there has been a contravention of any
provision of this by-law, the officer may issue an order requiring the owner
or occupier of the property abutting the boulevard on which the
contravention has occurred or the owner of the fixture to do work to
correct the contravention.
(2) An order shall set out,
(a) reasonable particulars of the contravention;
(b) the location of the property or the fixture;
(c) the general nature of work required to be done to correct the
- contravention; and
(d) the date by which the work must be done.
(3) An order may be served by,
(a) personally delivering it to the owner or occupier;
(b) sending it by registered mail to the owner at the address of the
owner shown on the last revised assessment roll for the property or
the last known address of the owner; or
(c) sending it by registered mail to the occupier at the last known
address of the occupier.
(4) An order may be served on an owner of a fixture by,
(a) personally delivering it to the owner; or
(b) sending it by registered mail to the owner's registered head office.
(5) If the address of an occupier is unknown or the City is unable to effect
service on the owner or occupier in accordance with subsection (3), a
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placard setting out the terms of the order may be placed in a conspicuous
place on or near the owner's or occupier's property.
Service of an order under this section shall be deemed to have been
effected on the date that it is delivered personally, three days after it was
mailed, or the date that it is posted on the property as the case may be.
30. No person shall fail to comply with an order.
(6)
Remedial Action
31. (1) Where an order has been issued and compliance has not been achieved
by the date specified in the order, the City may cause the work set out in
the order to be done.
(2) The City may recover the costs of doing any work undertaken pursuant to
subsection (1), together with an administration charge equal to 25% of
such costs, from the person required to do it by action or by adding the
costs to the tax roll and collecting them in the same manner as property
taxes.
Penalties
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32. Every person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine pursuant to the provisions of the Provincial
Offences Act.
PART VI - GENERAL
Exemptions
33. This by-law shall not be interpreted as preventing or prohibiting,
(a) the placement or erection of signs in compliance with the City and
Regional sign by-laws;
(b) the creation and use of a driveway apron that has been approved by the
City;
(c) the creation and use of hard surfaced materials in locations that have
been approved by the City;
(d) the temporary placement of refuse or debris for collection in compliance
with the standards of the City's Waste Management By-law No. 6283/04;
or
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(e) the placement of fixtures or other structures placed or utilized by the City,
The Regional Municipality of Durham, Durham Region Transit, GO
Transit, a utility company, Canada Post, or newspaper boxes in locations
approved by the City.
Short Title
34. This by-law may be referred to as the "Boulevard By-law".
Repeal
35. By-law No. 4272/72 is repealed.
Effective Date
36. This by-law comes into effect on the date of its passing.
By-law read a first, second and third time and finally passed this 19th day of February,
2008.
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Debi A. Wilcox, City Clerk
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SCHEDULE "A"
TO BY-LAW NO. 6831/08
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TREE PLANTING IN THE MUNICIPAL BOULEVARD
Table 1 - Preferred Trees
BOTANICAL NAME COMMON NAME ......
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Acer freemanii "Autumn Blaze" Autumn Blaze Maple
Acer saccharum "Green Mountain" Green Mountain Sugar Maple
Acer saccharum "Legacy" Legacy Sugar Mountain
Acer saccharum "Silver Queen" Silver Queen Maple
Ginkgo biloba Maidenhair Tree
Gleditsia triacanthos "Shademaster" Shademaster Honey Locust
Gymnocladus dioicus Kentucky Coffee Tree
Platanus acerfolia "Bloodgood" Bloodgood London Planetree
Pyrus calleryana "Bradford" Bradford Pear
Pyrus calleryana "Chanticleer" Chanticleer Pear
Quercus bicolor Swamp White Oak
Quercus macrocarpa Burr Oak
Table 2 - Preferred Trees (where height restrictions exist)
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BOTANICALNAME
Acer campestre
Acer ginnala "standard"
Crataegus crusgalli "Inermis"
Prunus cerasifera "Newport"
S rin a reticulata "Ivo Silk"
COMMON NAME
Hedge Maple
Amur Maple
Thornless Cockspur Hawthorn
Newport Flowering Plum
Ivo Silk Lilac
Table 3 - Prohibited Trees
BOTANICAL NAME
Acer
Ailanthus
Betula
Malus
Populus
Salix
Sorbus Aucuparia
Ulmus
Ulmus
Negundo
Altissima
All Species
All Species
All Species
All Species
All Species
Americana
Pumila
Manitoba Maple
Tree of Heaven
Birch
Crab-apple
Poplar
Willow
European Mountain Ash
American Elm
Siberian Elm
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SCHEDULE "B1"
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TO BY-LAW NO. 6831/08
PLANNING & DEVELOPMENT
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Boulevard Work Fee
Curb cut - new development not assumed $36/metre
by municipality Minimum Charge is $198
Newspaper box pad permit application $50/box
Newspaper box installation $250 - $500/box
Newspaper box annual maintenance $15/box
Boulevard Work Damage Deposit
Swimming Pool Enclosure $500
Water/Sewer Connection $500
Residential Building or Demolition Permit
- Rural $1,500
- Urban $2,000
Non-Residential Building $2,000 - $5,000
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SCHEDULE "B2"
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TO BY-LAW NO. 6831/08
MUNICIPAL PROPERTY & ENGINEERING
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Boulevard Work Fee
Driveway entrance curb cut $36/metre
Minimum Charge is $198
Cost recovery of damages to City owned Actual costs plus administrative fee (15%)
property
Driveway entrance 9 metres x 400 $1 ,405
millimetres
Driveway entrance 9 metres to 15 metres $1,405
Plus $155 per metre in excess of 9 metres
Plus $40 per coupler when required
Driveway entrance extension of existing $155 per metre
culvert Plus $40 per coupler
Minimum charge is $195
Driveway entrance, culvert other than as Contract cost
described above (time & material)
Commemorative tree and plaque $500
Commemorative bench and plaque $1,000
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