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The Corporation of the Township of Brock
By-Law Number 786-85-PP
As Amended By
By-Law Numbers 1260-93-PP, 1517-98-PP, 1521-98-PP, 1540-98-PP, 1605-99-PP,
1606-99-PP, 1708-2001-PP, 1762-2002-PP, 1926-2004-PP, 2298-2010-PP, 2447-2012-PP,
2767-2017-PP, 3063-2021, 3077-2021, 3139-2022, 3147-2022, 3151-2022, 3172-2023, 3207-
2023, 3215-2023, and 3242-2024
(Consolidated Version)
A By-Law To Regulate Fence Construction in the Corporation of the Township of Brock
The Council of the Corporation of the Township of Brock enacts as follows:
I. Title
1.
This By-Law may be known and referred to as "The Brock Fence By-Law."
2.
This By-Law shall not be construed to be a by-law under paragraph 20, section 210, the
Municipal Act, R.S.O. 1980, c. 302 or amendments thereto.
II. Road Fences
3.
In this Part:
(a)
"Highway" means any public roadway or thoroughfare under the jurisdiction of
the Municipality and includes an unopened road allowance.
(b)
"Municipality" means The Corporation of the Township of Brock.
4.
(a)
The owner of any lands, any part of which is used for the pasturing or feeding of
animals, and which lands are adjacent to a highway shall erect and maintain a
fence along the boundary line between such lands and such highway in
accordance with the minimum standards prescribed in Schedule A of this By-
Law.
(b)
Notwithstanding subsection (a), where no animals are pastured or fed on lands
adjacent to such a highway, no fence shall be required along the boundary line of
such lands and such highway so long as a fence is constructed and maintained
to the minimum standards prescribed by this By-Law around the perimeter of any
part of such lands used for the pasturing or feeding of animals; but this
subsection shall not preclude an owner from erecting a fence under paragraph 4
(a) and being compensated therefore under paragraph 5.
5.
The Municipality shall pay the sum of $2.00 for each 5 metres of fence newly erected
pursuant to paragraph 4 (a), such sum to be paid to the owner of the land in respect of
which the fence is erected to be payable upon satisfactory evidence being provided to
the Municipality that such fence has been satisfactorily erected and paid for.
III. Farm Fences
6.
In this Part "Fence Viewers" means those persons appointed as such by the Municipality
pursuant to the Line Fences Act.
7.
(a)
A fence marking the boundary of agricultural lands shall be erected in
accordance with the standards prescribed in Schedule A of this By-Law.
(b)
Notwithstanding subsection (a) where; after a consideration of the nature of the
terrain on which such fence is located, the nature of other fences in use in the
locality, and the suitableness of such fence to the needs of each adjoining owner,
the Fence Viewers may make an award under the Line Fences Act specifying a
fence to different standards than those prescribed in Schedule A and any fence
erected pursuant to such an award shall be deemed to be within the standards of
this By-Law.
Page - 2 - of 9
IV. Commercial, Institutional, and Industrial Fences
8.
In this Part:
(a)
"Height" means the perpendicular distance measured from the ground to the top
of the fence at the point of measurement.
(b)
"Person" shall include a firm, corporation, partnership, individual or association
who or which owns or occupies land.
9.
No person shall erect a fence
(a)
exceeding 2440 mm in height on the boundary line of or on commercial use
property separating commercial uses from other commercial uses, residential
uses, agricultural uses or highways, or
(b)
exceeding 3050 mm thereon when separating commercial uses from industrial
uses.
10.
No person shall erect a fence exceeding 3050 mm in height on the boundary line of or
on institutional property separating institutional uses from other institutional uses,
residential uses, commercial uses, industrial uses, agricultural uses or highways.
11.
No person shall erect a fence exceeding 3050 mm in height on the boundary line of or
on industrial use property separating industrial uses from other industrial uses,
residential uses, commercial uses, institutional uses, agricultural uses or highways.
V. Residential Fences
12.
In this Part:
(a)
"Front lot line" means, in the case of an interior lot, the line dividing the lot from
the street. In the case of a corner lot, the shorter lot line abutting the street shall
be deemed to be the front lot line.
(b)
"Front Yard" shall mean the open space extending across the full width of a lot
between the front lot line of the lot and the nearest part of any legal building or
structure on the lot.
(c)
"Height" means the perpendicular distance measured from the ground to the top
of the fence at the point of measurement.
(d)
"Rear lot line" means a lot line other than a "front lot line" or a "side lot line" as
defined in this By-Law.
(e)
"Rear Yard" shall mean the area of a lot not included in the front and side yards.
(f)
"Residential Area" shall include all lands within areas zoned Rural Residential,
Hamlet Residential, Shoreline Residential, Residential Type One, Residential
Type Two and Residential Type Three pursuant to the zoning by-laws of The
Corporation of the Township of Brock.
(g)
"Side lot line" means, in the case of an interior lot line, the line between adjacent
properties extending from the street to the point of intersection with a line drawn
perpendicularly to the lot line and extending to the part of a legal residence
furthest from the street. In the case of a corner lot, the longer street line
extending from the intersection with a line drawn perpendicularly to the street line
and extending to the part of a legal residence furthest from the front lot line shall
be deemed to be a side lot line.
(h)
"Side Yard" shall mean the open space extending from the front yard to a line
drawn perpendicularly from the part of a legal residence erected on a lot furthest
from the front lot line.
13.
No person shall erect a fence exceeding 1220 mm in height when located on the front lot
line or in the front yard or on the side lot line or in the side yard of a residential property
Page - 3 - of 9
upon which a residence has been built except where a greater height is permitted under
this By-Law.
14.
No person shall erect a fence exceeding 1830 mm in height when located on the rear lot
line or in the rear yard of a residential property upon which a residence has been built
except where a greater height is permitted under this By-Law.
15.
No person shall erect a fence exceeding 1220 mm in height on the boundary line of or
on a vacant lot in a residential area except where a greater height is permitted under this
By-Law.
16.
(a)
Notwithstanding paragraphs 13, 14 and 15, a fence not exceeding 2440 mm may
be erected when separating residential uses from commercial or agricultural uses
and not exceeding 3050 mm when separating residential uses from industrial or
institutional uses.
(b)
Notwithstanding paragraphs 13, 14 and 15, a fence which is in existence on the
date of passing of this By-Law and which exceeds the height requirements of this
By-Law may be continued provided that any fence replacing such fence shall
conform to the provisions of this By-Law.
(c)
Notwithstanding paragraphs 13, 14 and 15, no person shall erect a fence on the
lot line of or around any lot located at the intersection of two streets which will
have the effect of substantially limiting the visibility of persons using the
intersecting streets.
(d)
By-law
No. 1260-93-PP
Notwithstanding the provisions of paragraphs 13, 14 and 15, the
lands municipality described as 53 River Street and being Part
Lots 32 and 33, Plan 26, in the former Village of Sunderland,
now in the Township of Brock, in the Regional Municipality of
Durham, may be varied, subject to the approval of the
municipality, insofar as these provisions apply to the north
boundary of the subject lands abutting the public road
allowance.
(d)
By-law
No. 1517-98-PP
Notwithstanding the provisions of paragraphs 13, 14 and 15, the
lands municipality described as 4 Whippletree Lane and being
Lot 31, Plan 40M-1750, in the former Village of Sunderland, now
in the Township of Brock, in the Regional Municipality of
Durham, may be varied, subject to the approval of the
municipality, insofar as these provisions apply to the east
boundary of the subject lands abutting the public road
allowance.
(e)
By-law
No. 1521-98-PP
Notwithstanding the provisions of paragraphs 13, 14 and 15, the
lands municipality described as 62 Victoria Street, and forming
Lot 95, Plan 340 in the former Village of Beaverton, now in the
Township of Brock, in the Regional Municipality of Durham, may
be varied, subject to the approval of the municipality, insofar as
these provisions apply to the side lot line, front lot line, and the
line between the front and side yards on each side of the
principal dwelling of the subject land.
(f)
By-law
No. 1540-98-PP
Notwithstanding the provisions of paragraphs 13, 14 and 15, the
lands municipality described as 134 Munro Street, and forming
Part of Lots 94 and 95, Plan H-50055 in the former Village of
Cannington, now in the Township of Brock, in the Regional
Municipality of Durham, may be varied, subject to the approval
of the municipality, insofar as these provisions apply to the rear
lot line of the subject land.
(g)
By-law
No. 1605-99-PP
Notwithstanding the provisions of paragraphs 13, 14 and 15, the
lands municipality described as B25610 Maple Beach Road, and
forming Lots 22 and 23, Plan 185, within the former Township of
Thorah, now in the Township of Brock, in the Regional
Page - 4 - of 9
Municipality of Durham, may be varied, subject to the approval
of the municipality, insofar as these provisions apply to the
northerly side lot line extending a distance of 25.3 metres from
the front lot line.
(h)
By-law
No. 1606-99-PP
Notwithstanding the provisions of paragraphs 13, 14 and 15, the
lands municipality described as 9 Church Street and forming Lot
7, Plan 26, within the Sunderland urban area, in the Township of
Brock, in the Regional Municipality of Durham, may be varied,
subject to the approval of the municipality, insofar as these
provisions apply to the side yard abutting the southerly property
line extending a distance of 9.1 metres.
(i)
By-law
No. 1708-2001-PP
Notwithstanding the provisions of paragraphs 13, 14 and 15,
the lands municipality described as 52 Cameron Street East,
and forming part of Lot 7 and Lot 8, Plan 14, in the former
Village of Cannington, now in the Township of Brock, in the
Regional Municipality of Durham, may be varied, subject to the
approval of the municipality, insofar as these provisions apply
to the side and rear lot lines of the subject land.
(j)
By-law
No. 1762-2002-PP
Notwithstanding the provisions of paragraph 13, the lands
municipality known as 198 Laidlaw Street South, and forming
part of Lot 21, Concession 11, in the former Village of
Cannington, now in the Township of Brock, in the Regional
Municipality of Durham, may be varied, subject to the approval
of the municipality, insofar as these provisions apply to the
front lot line, front yard, interior side lot line, and interior side
yard of the subject land.
(k)
By-law
No. 1929-2004-PP
Notwithstanding the provisions of paragraph 13, the lands
municipality known as 12 Jones Street, and forming part of Lot
6, Plan 26, in the former Police Village of Sunderland, now in
the Township of Brock, in the Regional Municipality of
Durham, may be varied, subject to the approval of the
municipality, insofar as these provisions apply to the front and
interior side yard in the vicinity of the northerly property line
extending a distance of 3.6 metres easterly and 0.9 metres
northerly.
(l)
By-law
No. 2298-2010-PP
Notwithstanding the provisions of paragraph 13, the lands
municipality known as 293 Church Street, and forming Lot 6,
Plan 97, within the former Township of Thorah, now in the
Township of Brock, in the Regional Municipality of Durham,
may be varied, subject to the approval of the municipality,
insofar as these provisions apply to the front lot line, front yard,
interior side lot line, and interior side yard of the subject land.
(m)
By-law
No. 2767-2017-PP
Notwithstanding the provisions of paragraph 13, the lands
municipality known as 32 Elmwood Avenue, and forming Lot
17, Plan 222, in the former Township of Thorah, now in the
Township of Brock, in the Regional Municipality of Durham,
may be varied subject to the approval of the municipality, in so
far as these provisions apply to the front and interior side yard
on the easterly property line.
(n)
By-law
No. 3063-2021
Notwithstanding the provisions of By-law Number 786-85-PP,
the existing fence located on the south interior side yard
situated on lands legally described as Lot 48, Plan 40M - 1078
and known municipally as 30 Hillside Crescent, in the former
village of Cannington, now in the Township of Brock, in the
Regional Municipality of Durham may have a height 2.438
metres over a length of 6.4 metres and 3.050 metres over a
length of 3.6 metres.
Page - 5 - of 9
(o)
By-law
No. 3077-2021
Notwithstanding provisions of By-law Number 786-85-PP, the
fence located on the east exterior side yard situated on lands
legally described as Lot 1 Plan 40M - 2624 and known
municipally as 53 Pollock Avenue, in the Town of Beaverton,
in the Township of Brock, in the Regional Municipality of
Durham may have a height in excess of 1220mm (4ft) up to
18300mm (6ft).
(p)
By-law
No. 3139-2022
Notwithstanding the provisions of paragraph 13, the lands
municipality known as 53 Furniss Street, and forming Lot 1,
Plan 40M-2649, in the former Township of Thorah, now in the
Township of Brock, in the Regional Municipality of Durham,
may be varied subject to the approval of the municipality, in so
far as these provisions apply to the side yard on the easterly
property line.
(q)
By-law
No. 3147-2022
Notwithstanding the provisions of paragraph 13, the lands
municipality known as 1 Furniss Street, and forming Lot 27,
Plan 40M-2649, in the former Township of Thorah, now in the
Township of Brock, in the Regional Municipality of Durham,
may be varied subject to the approval of the municipality, in so
far as these provisions apply to the side yard on the westerly
property line.
(r)
By-law
No. 3147-2022
Notwithstanding the provisions of paragraph 13, the lands
municipality known as 1 Stoddart Street, and forming Lot 256,
Plan 40M-2649, in the former Township of Thorah, now in the
Township of Brock, in the Regional Municipality of Durham,
may be varied subject to the approval of the municipality, in so
far as these provisions apply to the side yard on the southerly
property line.
(s)
By-law
No. 3151-2022
Notwithstanding the provisions of paragraph 13, the lands
municipality known as 1 Butcher Street, and forming Lot 287,
Plan 40M-2649, in the former Township of Thorah, now in the
Township of Brock, in the Regional Municipality of Durham,
may be varied subject to the approval of the municipality, in so
far as these provisions apply to the front yard on the westerly
property line.
(t)
By-law
No. 3172-2023
Notwithstanding the provisions of paragraphs 13, 14 and 15,
the lands forming Lots 13, 14, and 15, Plan 340, on Third
Street in the former Township of Thorah, now in the Township
of Brock, in the Regional Municipality of Durham, may be
varied subject to the approval of the municipality, in so far as
these provisions apply to the rear yard on the northerly
property line (as outlined in Figure 11 of the related Noise &
Vibration Impact Study dated May 23, 2023) which may have a
height of 3.1 metres.
(u)
By-law
No. 3207-2023
Notwithstanding the provisions of paragraph 13, the lands
municipality known as 310 Lakeland Crescent and forming Lot
12 Plan M1020, in the former Township of Thorah, now in the
Township of Brock, in the Regional Municipality of Durham,
may be varied subject to the approval of the municipality, in so
far as these provisions apply to the front yard on the easterly
property line which may have a height of 1,830 mm.
(v)
By-law
No. 3215-2023
Notwithstanding the provisions of paragraph 13, the lands
municipality known as 44 Ball Avenue East and forming Lot 24
Plan M899, in the former Township of Thorah, now in the
Township of Brock, in the Regional Municipality of Durham,
may be varied subject to the approval of the municipality, in so
far as these provisions apply to the rear yard on the southerly
property line which may have a height 1,530 mm.
Page - 6 - of 9
(w)
By-law
No. 3242-2024
Notwithstanding the provisions of paragraph 13, the lands
legally described as Lot 20, Concession 12, and known
municipally as 147 Cameron Street West, in the former village
of Cannington, now in the Township of Brock, in the Regional
Municipality of Durham, may be varied subject to the approval
of the municipality, in so far as these provisions apply to the
rear yard westerly side lot line which may have a height in
excess of 1220 mm (4 ft) up to 2440 mm (8 ft).
VI. Swimming Pool Fences
17.
Repealed by By-Law Number 1936-2005-PP.
18.
Repealed by By-Law Number 1936-2005-PP.
19.
Repealed by By-Law Number 1936-2005-PP.
20.
Repealed by By-Law Number 1936-2005-PP.
21.
Repealed by By-Law Number 1936-2005-PP.
22.
Repealed by By-Law Number 1936-2005-PP.
VII. General
23.
No fences carrying an electric current shall be erected on or within 6 mm of any
boundary line of any land without the express written consent of the adjacent land
owner.
24.
No fences composed in whole or in part of barbed wire shall be erected on or adjacent to
any residential property without the express written consent of the owner of the
residential property.
25
Barbed wire shall only be used 1220 mm above ground level on any fence.
26.
Where a fence is erected within an area which could be lawfully covered with a building,
such fence may be of a height not to exceed the height permitted for the walls of a
building that could be lawfully erected.
27.
Fences shall be kept:
(a)
protected by paint, or other weather-resistant material unless the aesthetic
characteristics of the fence are enhanced by the lack of such material;
(b)
in structurally sound condition and plumb, unless specifically designed to be
other than vertical;
(c)
in good repair and free of accident hazards; and
(d)
so as not to present an unsightly appearance.
28.
If any section, clause or provision of this By-Law is for any reason declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the By-Law
as a whole or any part thereof, other than the section, clause or provision so declared to
be invalid. It is hereby declared to be the intention that all remaining sections, clauses or
provisions shall remain in full force and effect until repealed, notwithstanding that one or
more provisions thereof shall have been declared to be invalid.
29.
By-Laws Numbers 20-74-PP, 83-75-PP and 115-75-PP are hereby repealed.
30.
Every person who violates any provision of this By-Law shall be guilty of an offence and
upon conviction therefor shall forfeit and pay a penalty not exceeding Two Thousand
Dollars ($2,000.00) exclusive of costs for each offence.
Page - 7 - of 9
BY-LAW NUMBER 786-85-PP READ A FIRST, SECOND, THIRD TIME and FINALLY PASSED
THIS 29th day of July, 1985.
"Gorge S. Graham"
Clerk-Administrator
"Donald Hadden"
Mayor
BY-LAW NUMBER 1260-93-PP READ A FIRST, SECOND, THIRD TIME and FINALLY
PASSED THIS 6th day of December, 1993.
"Gorge S. Graham"
Clerk-Administrator
"David Marquis"
Mayor (Acting)
BY-LAW NUMBER 1517-98-PP READ A FIRST, SECOND, THIRD TIME and FINALLY
PASSED THIS 27th day of April, 1998.
"Gorge S. Graham"
Clerk-Administrator
"Keith Shier"
Mayor
BY-LAW NUMBER 1521-98-PP READ A FIRST, SECOND, THIRD TIME and FINALLY
PASSED THIS 27th day of April, 1998.
"Gorge S. Graham"
Clerk-Administrator
"Keith Shier"
Mayor
BY-LAW NUMBER 1540-98-PP READ A FIRST, SECOND, THIRD TIME and FINALLY
PASSED THIS 27th day of July, 1998.
"Pauline Fenton"
Clerk-Administrator (Acting)
"Keith Shier"
Mayor
BY-LAW NUMBER 1605-99-PP READ A FIRST, SECOND, THIRD TIME and FINALLY
PASSED THIS 27th day of September, 1999.
"Gorge S. Graham"
Clerk-Administrator
"Keith Shier"
Mayor
BY-LAW NUMBER 1606-99-PP READ A FIRST, SECOND, THIRD TIME and FINALLY
PASSED THIS 27th day of September, 1999.
"Gorge S. Graham"
Clerk-Administrator
"Keith Shier"
Mayor
BY-LAW NUMBER 1708-2001-PP READ A FIRST, SECOND, THIRD TIME and FINALLY
PASSED THIS 25th day of June, 2001.
"Gorge S. Graham"
Clerk-Administrator
"W. Terry Clayton"
Mayor
BY-LAW NUMBER 1762-2002-PP READ A FIRST, SECOND, THIRD TIME and FINALLY
PASSED THIS 22nd day of April, 2002.
"Gorge S. Graham"
Clerk-Administrator
"W. Terry Clayton"
Mayor
BY-LAW NUMBER 1926-2004-PP READ A FIRST, SECOND, THIRD TIME and FINALLY
PASSED THIS 22nd day of November, 2004.
"Gorge S. Graham"
Clerk-Administrator
"Keith Shier"
Mayor
BY-LAW NUMBER 2298-2010-PP READ A FIRST, SECOND, THIRD TIME and FINALLY
PASSED THIS 23rd day of August, 2010.
"Thomas G. Gettinby"
Clerk
"Larry O'Connor"
Mayor
Page - 8 - of 9
BY-LAW NUMBER 2447-2012-PP READ A FIRST, SECOND, THIRD TIME and FINALLY
PASSED THIS 3rd day of December, 2012.
"Thomas G. Gettinby"
Clerk
"W. Terry Clayton"
Mayor
BY-LAW NUMBER 2767-2017-PP READ A FIRST, SECOND, THIRD TIME and FINALLY
PASSED THIS 20th day of November, 2017.
"Thomas G. Gettinby"
Clerk
"W.E. Ted Smith"
Deputy Mayor
BY-LAW NUMBER 3063-2021 READ A FIRST, SECOND, THIRD TIME and FINALLY PASSED
THIS 19th day of July, 2021.
"Fernando Lamanna"
Clerk
"John Grant"
Mayor
BY-LAW NUMBER 3077-2021 READ A FIRST, SECOND, THIRD TIME and FINALLY PASSED
THIS 27th day of September, 2021.
"Fernando Lamanna"
Clerk
"John Grant"
Mayor
BY-LAW NUMBER 3139-2022 READ A FIRST, SECOND, THIRD TIME and FINALLY PASSED
THIS 27th day of June, 2022.
"Fernando Lamanna"
"John Grant"
Clerk
Mayor
BY-LAW NUMBER 3147-2022 READ A FIRST, SECOND, THIRD TIME and FINALLY PASSED
THIS 22nd day of August, 2022.
"Fernando Lamanna"
"John Grant"
Clerk
Mayor
BY-LAW NUMBER 3151-2022 READ A FIRST, SECOND, THIRD TIME and FINALLY PASSED
THIS 26th day of September, 2022.
"Fernando Lamanna"
"John Grant"
Clerk
Mayor
BY-LAW NUMBER 3172-2023 READ A FIRST, SECOND, THIRD TIME and FINALLY PASSED
THIS 27th day of February, 2023.
"Fernando Lamanna"
"Walter Schummer"
Clerk
Mayor
BY-LAW NUMBER 3207-2023 READ A FIRST, SECOND, THIRD TIME and FINALLY PASSED
THIS 14th day of August, 2023.
"Fernando Lamanna"
"Walter Schummer"
Clerk
Mayor
BY-LAW NUMBER 3215-2023 READ A FIRST, SECOND, THIRD TIME and FINALLY PASSED
THIS 25th day of September, 2023.
"Fernando Lamanna"
"Walter Schummer"
Clerk
Mayor
BY-LAW NUMBER 3242-2024 READ A FIRST, SECOND, THIRD TIME and FINALLY PASSED
THIS 26th day of February, 2024.
"Fernando Lamanna"
"Walter Schummer"
Clerk
Mayor
BY-LAW NUMBER 3242-2024 READ A FIRST, SECOND, THIRD TIME
and FINALLY PASSED THIS 26th day of February, 2024. Fernando
Lamanna Walter Schummer Clerk Mayor
Page - 9 - of 9
Schedule A to By-Law Number 786-85-PP
Road and Farm Fence Standards and Specifications
Material Specifications for Road and Fences
1.
Wooden fence posts shall be of untreated Eastern White Cedar or pressure preservative
treated Jack Pine or Red Pine cut from round, live, growing trees. Posts shall be clean
peeled for their full length. All knots or projections shall be shaved smooth and flush with
the surrounding surface. All ends shall be cut square.
2.
Fence fabric shall be No. 9 3/4 Standard, Style No. 948 and shall conform to the
requirements of CSA Standard G 42.
3.
Steel line posts shall be T-rail posts weighing approximately 1.4 lbs. per foot of length
conforming to the requirements of CSA Standard G 30.12 or G 30.13. Steel posts shall
be 8 feet long and shall be punched so that the fence fabric can be secured to the broad
face of the post. Each post shall have not less than 7 ties of No. 9 gauge galvanized
steel wire for securing the fence fabric. The posts shall be shop painted with one coat of
primer.
4.
Wire staples shall be No. 9, galvanized with a driving length of at least 1 3/4 inches.
5.
Brace wire shall be No. 9 galvanized soft steel.
6.
Gates shall be constructed from 1 5/16 inch OD galvanized steel pipe frame and braces
conforming to the current requirements for "standard weight" pipe ASTM Designation
A120. The fabric shall match that of the fence.