Retaining Wall Regulations — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 5712b8fef39f · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## TOWN OF WABUSH RETAINING WALL REGULATIONS, 2024 ## PUBLISHED BY AUTHORITY t'ursuunt to the authoruy conferred by the Municipalities Act 1999, chapter M 2%. Secton 414 and any'other enabling sections of Mumcipalities der 1908, chapter A 14 as amended, the Town Council of Wabush hereby adopt the fellowing Kerning Wall Regulatient ## 1. TITLE These Regulations may be cited as "The Town of Wabush Retaining Wall Regulations 2024" ## 2. INTERPRETATION In these Regulations, unless the context otherwise requires: - a) "Act" means the Municipalities Act, 1999, SNL 1999 Chapter M-24 as amended. - b) "Building Line" means a line established by Council that runs parallel to the street line and is set at the closest point to a street that a building may be placed. A corner lot is deemed to have a building line on both the primary and flanking streets. - c) "Corner Lot" means a lot flanked by two intersecting streets. - d) "Council" means the Town Council of the Town of Wabush. - g) "Flanking Street" means the secondary street hordering a corner Int - h) "Front Lot Line" means the property line dividing the lot from an abutting road. In the case of a corner lot, the property lot line that is parallel to the front ofthe house shall be the front lot linc - i) "Front Yard" means a yard extending across the full width of the lot from the Front Lot Line to the front wall of the main building on the lot. - j) "Fully Serviced Lot" means any lot in an area that is serviced in full with municipal water, municipal sewer, municipal storm sewer, and curb and gutter. - k) "Gabion" means a basket or cage filled with earth or rocks and used especially in building a support or abutment. - 1) "Grade" means the surface of the ground below a Relaining Wall at each location where a structural support is embedded in the ground, or the point at which the lowest elevation of any part of the Retaining Wall contacts the surface or the ground - 1) "Nulsance Conlilion" means any condition of a Relalhing Wall that is deemed lo be an eyesore due to use of non approved construction materials, poor maintonance', poor construction, graffiti and/or advertisements - 1) "Owner" means the legal eully having tille lo a properly - o) "Person" means any person, firm, partnership, assocation, corporation, company, cooperator, club, society, or any other corporate body or organization of any kind. - p) "Rear Lot Line" means the property line that is directly opposite to the front lot line at the rear of the property. - q) "Roar Yard" means a yard exlending across the full width of the lot belween the Rearl ot line and the rear wall of the man bullding of the lot and inoludes the lol area bolwoon the front corners of the main building and the Side Lot Line. - r) "Retaining Wall" means any structure built to resist lateral pressures, prevent the movement uf alass uf earth or waler andor abruptly and arifically changes the elevation of the ground surface on a property (except the wall of a building). - s) "Retaining Wall Height" means the total vertical distance from the established Grade to the top of the Retaining Wall regardless of terracing or other change in horizontal location from Grade to the top of the structure. - t) "Right of way" means the area of land over which a public road or pathway exists, including the legal limits of the public road or pathway reservation - u) "Side Lot Line" means the property line extending between the front lot line and the rear lot line that identifies the division between the lot and an abutting lot sharing said lot line. - v) "Side Yard" means the area of the lot between the side wall of the building and the Side Lot Line. - W) "Snow Fence" means a temporary light Fence of lath and wire or of polyethylene mesh and used to redirect snow drifting. - x) "Street Line" means the edge of a street reservation as defined by the authority having jurisdiction - y) "Town" means the Town of Wabush. ## 3. CONFORMITY WITH REGULATIONS: No Person shall erect, inamtam, ropair or relocate a Retaining Wall except in accordance with these Regulations. ## 4. PERMIT REQUIRED No Person shall erect, alter, repair or relocate a Retaining Wall unless the Town approves the location and plan for the Relaining Wall and a pent has boon Issued for Is constructm alteralion, repair and/or relocation ## 5 FORMOF APPIIATION An application to construct a Relaining Wall shall be made to the Town only by the Owner or by a Person authorized by the Owner on such form as may be prescribed by the town. Every application shall includo such plans, specifications and drawings as the Town may require, and be accompanied by the required permit fee. ## 6. GENERAL - a) No Person shall erect a Retaining Wall that projects into or onto the road reservation. b) It shall be the responsibility of the Owner to ensure that a Retaining Wall does not impede, obstruct or alter the flow of water drainage. c) Retaining Wall shall not be constructed to impede access for firefighting purposes and shall not enclose or be within five feet (5') of a fire hydrant. d) Retaining Wall shall be a minimum 1 foot inside the side yard property line. e) Retaining Wall shall be reviewed by Planning Department and by Public Works to 2. determine setback in the front yard and rear yards of property. ## 7. CLEAR VIEW No Retaining Wall shall be permitted to be erected that obscures a clear view of street intersections, pedestrian pathways, driveways or other points of access or egress of vehicles or pedestrian traffic. ## 8. PROPERTIES ABUTTING A PARK, PATH/TRAIL OR RIGHT OF WAY The Town shall determine the location, style, type, and height of a Retaining Wall to be erected, relocated or repaired on any property that abuts a park, public path/trail or right of way. ## 9. RETAINING WALL CONSTRUCTION a) Retaining Walls with a hoight of 1.22 meters (1 feet) or greater shall he designed by a professional engineer licensed to practice in Newfoundland and Labrador. The design engineer shall provide the lown with written verification that the Retaining Wall has been constructed as per the submilled design drawings. - b) Where applicable, Retaining Walls shall be equipped with a guard as required by the Nalional building Code of Canada - c) Relalning Walls shall not confllet wilh site grading requirements new subdivision unless approved by the Town - (1) The material(s) used in the erection and repair of a Retaining Wall shall include wood, concrete, interlocking brick/block, gabion baskets or as otherwise approved by the Town. - a) All wouder naterials used in the erection and construction of any portion of a Retaining Wall that is located below Grade shall be pressure treated or coated with a wood preserver. ## 10. LOCATION OF RETAINING WALL - a) No portion of a Retaining Wall is permitted to project beyond the front boundary into the right of way of any street. - b) On Flanking Streets, no portion of a Retaining Wall is permitted to project beyond either the front boundary on the Flanking Street into the right of way of any street. - c) On any streets where, in the opinion of the Town, the distance between the property line and a street and/or roadside ditch is not adequate to reasonably prevent the likelihood of damaging the structure during normal maintenance, ditching or snow clearing operations, the Retaining Wall shall be set back from the property line a distance established by the Town. - d) Retaining Walls are not permitted on utility easements and may only be constructed on Town easements at the discretion of the Town. ## 11. PROTRUSIONS No Person shall erect a Retaining Wall having protrusions along any exposed vertical surface. ## 12. RETAINING WALL MAINTENANCE - a) Every person who owns a Retaining Wall shall maintain such Retaining Wall in a good state of repair. For purposes of this section, good state of repair shall mean: - i) The Retaining Wall is complete, structurally sound, plumb and securely anchored. 3. ii) Retaining Wall components are not missing, broken, rusted, rotten or in a hazardous condition; and 4. ili) The Retaining Wall does not present an unsightly appearance deleterious to the adjacent land or neighborhood ## 13. COMPLIANCE WITH REGULAIKINS a) A Relating Wall that legally exists and is nol in accordance with the provisions of these Regulations shall be conskerod a non conforning Retaling Wall which may continue to exist provided: - 1) The Retaining Wall is constructed within the property Owner's lol lines, and 2. II) The Retaining Wall Is maintained in a good state of repair, is not deemed to be a safety hazard and/or is not deemed to be an obstruction by the Council. - b) A non conforning Retaining Wall shall not be enlarged, extended, reconstructer, replaced or altered structurally will a Retaling Wall which differs in helght, lype, slyle or material used In the erection or construction of the exisling Fence. - i) A Retaining Wall which requires repairs, alterations and/or replacement of more than 50% of its original supporting structure (i.e. posts, supporting rails etc.) must be replaced with a Retaining Wall that is constructed in accordance with these Regulations. ## 14. ORDER TO REMOVE When in the opinion of the Town, Retaining Wall, or section(s) of a Retaining Wall creates a safety hazard, obstruction or Nuisance Condition due to its location, height, construction material, dilapidated state of repair and/or damaged condition, the Town may issue an order to the Owner stating that the Retaining Wall or portion of to be removed, repaired, relocated to correct the safety hazard, obstruction or Nuisance Condition at the Owner's expense. ## 15. AUTHORITY TO REMOVE The Council and/or the Court has the power to make an order for the removal of any Retaining Wall erected contrary to the Regulations or deemed to be a safety hazard, obstruction or Nuisance condition. Should such an order not be complied with in the time specified, the Council may remove the Retaining Wall at the Owner's expense. ## 16. DAMAGE TO RETAINING WALLS The Council shall accept no liability, financial or otherwise for damages caused to Retaining Walls during normal maintenance operations including but not limited to snow clearing and ditching. It is the responsibility of the homeowner to mark and locate retaining wall to prevent damage to wall or to Municipal property. ## 17. RIGHT OF ENTRY Pursuant to Section 51 of the Urban and Rural Planning Act, 2000, Council or its duly authorized agents have the authority to enter a property for the purposes of inspection or to carry oul work as required under these Regulations. ## 18 FAILURF 1O COMPLY - a) Pursuant to Seclion 404 (5) of the Aul, where a l'erson to whom an order Is directed does nol comply with the order or part of an order made under section 15 of these regulalions, Council may lake the action lhat it considers necessary to carry out the terms of the order and any costs, expenses or charges incurred by Council in carrying out tho torms of the order are recoverable from the Person against whom the order was made as a civll debt owed to Councl and are subject lo enforcement mechanisms under Section 421.2 of the Act. - b) Council may delegate to an officlal or employee of Council the power to issue orders under this section - c) Council, its employees, servants or agents shall be saved harmless from all claims arising out of the action of Council, its employees, servants or agents in the process of inspecting and/or carrying out work under these Regulations, except in the case of gross negligence. ## 19. PENALTIES - a) Pursuant to Section 419 (2) of the Act, each day upon which the same offence is committed or continued is a separate offence. - b) Every Person who is guilty of an offence under these Regulations or who acts in contravention of or fails to comply with any provision thereof, or neglects or refuses to do So: - i) May be liable to penalties as stipulated in accordance with section 420 of the Municipalities Act, 1999; 4. ii) May be subject to an order under Section 404 (1) (i) of the Municipalities Act, 1999; 5. iii) May be subject to a violation notice issued under Section 421.1 (1) of the Municipalities Act 1999; or ## 20. COMING INTO EFFECT These Regulations shall come into effect on the XX day of XX, 2024 A.D ## 21. REPEAL OF PREVIOUS REGULATIONS AND AMENDMENTS All previous Town of Wabush Retaining Wall Regulations and amendments are repealed. arlene Koberts  Witness In Witness Thereof the seal of the Town of Wabush has been affixed herewith and the Mayor and the Town Clerk have signed these Regulations on behalf of the Wabush lown Council this 22 day of  Ron Barron Mayor  2. Ridiont Rideout Town Clerk/Director of Finance \_Tiffanee