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THE CORPORATION OF THE TOWN OF EAST GWILLIMBURY
BY-LAW NUMBER 2016-119
A By-law to provide for the Regulation of Construction, Maintenance and
Protection of Boulevards within the Town of East Gwillimbury
WHEREAS subsection 11{2)(6) of the Municipal Act, 2001, S 0. 2001, c. 25 as
amended ("the Act'') provides that a municipality may pass by-laws respecting the health,
safety and well-being of Persons;
WHEREAS subsection 11(2)(8) of the Act provides that a municipality may pass by-laws
respecting the protection of Persons and property;
WHEREAS subsection 30 of the Act provides that a highway is owned by the
municipality that has jurisdiction over it subject to any rights reserved by a Person who
dedicated the highway or any interest in the land held by any other Person;
WHEREAS subsection 27(1) of the Act grants a municipality the power to pass by-laws
in respect of highways over which it has jurisdiction;
WHEREAS subsection 28(2) of the Act grants a municipality jurisdiction over all road
allowances located in the municipality that were made by the Crown surveyors
[subsection 28(2)(a)) and all road allowances, highways, streets and lanes shown on
a registered plan of subdivision [subsection 28(2)(b)).
NOW THEREFORE the Corporation of the Town of East Gwillimbury enacts as follows:
1.
DEFINITIONS:
1.1.
In this by-law:
(a) "Back Lot Property" refers to that portion of a property where the rear yard is
adjacent to a Town or Regional road allowance;
(b) "Boulevard" means the portion of a Highway on either side of a Roadway;
(c)
"Driveway Apron" includes that section of a driveway contained within the
municipal Boulevard;
(d) "General Manager" means the General Manager of Community Infrastructure
& Environmental Services or his or her designate;
(e) "Herbaceous Plant" means a plant without woody above-ground parts, with a
stem that dies back to the ground each year, but excludes turf grass;
(f)
"Highway" includes the entire public road allowance;
(g) "Maintenance" means any action required to sustain a Boulevard including but
not limited to cutting, watering, removing debris or repairing damage to any
Driveway Apron or feature located within the Boulevard area;
(h) "Owner" means the lawful Owner of property, a lessee, tenant, mortgagee in
possession of property, or occupant of property;
(i)
"Person(s)" includes an individual, association, firm, corporation, partnership,
sole proprietorship, trust, organization, trustee, and agent;
(j)
"Region" means the Regional Municipality of York;
(k)
"Roadway" means any portion of a Highway that is improved, designed, or
ordinarily used for vehicular traffic, and may include a curb and/or shoulder;
(l)
"Sidewalk" shall mean that portion of the Highway that is intended for the use
of pedestrians and/or cyclists and which surface is finished with concrete,
asphalt or granular;
(m) "Town" means the Corporation of the Town of East Gwillimbury;
(n) "Tree" means any tree, shrub, hedgerow growing within the boulevard;
(o) "Traffic Control Device" means a sign, lane, meter, marking, space, barrier
or device painted or erected to guide, regulate, warn, direct restrict, control or
prohibit traffic;
(p) "Turf grass" means a perennial strand of plant that can form turf and withstand
mowing, traffic and/or wear;
(q) "Utilities" includes infrastructures such as cables, pipelines or structures that
are owned and maintained by the Town, Region, or other utility companies.
2.
PLANTING IN BOULEVARDS
2.1
No Person shall plant or permit to be planted a Herbaceous Plant on a
Boulevard or section of Boulevard abutting his or her property that:
(a) exceed a height of 45 centimeters;
(b) impair drainage; or
(c)
contain vegetables or grains;
(d) interferes with pruning, removal or replacement of Town Trees
(e) is within a distance of 3m or less from the base/trunk of a Town Tree
2.2.
No Person shall plant or permit to be planted a tree on a Boulevard or section
of Boulevard abutting his or her property without written permission from the
General Manager.
2.3.
Subsection 2.2. does not apply to Town planted Trees.
3.
BOULEVARD MAINTENANCE OBLIGATIONS
3.1.
Subject to any permission granted by the Town or Region, on a Boulevard
abutting his or her property, no Owner shall permit anything on the Boulevard
that:
(a) is protruding, sharp, dangerous in any way, or which may otherwise cause
damage/injury a Person or thing;
(b) restricts sight lines of pedestrians, cyclists or drivers of vehicles to
intersections, driveways, Sidewalks, walkways, travel lanes, or Traffic Control
Devices;
(c) inhibits or obstructs snow removal operations;
(d) obscures or obstructs access to fire hydrants, post office boxes, or other
installations belonging to the Town, Region, or any utility provider;
(e) is located within 0.6 metres of the Sidewalk, unless it is turf grass, Herbaceous
Plants, wood chips, mulch, or inorganic material;
(f)
is located within 1.8 metres of the curb, unless it is turf grass, Herbaceous
Plants, wood chips, mulch, or inorganic material (any inorganic material, wood
chips, or mulch permitted under this subsection must be installed flush to the
curb).
(g) is located within 1.8 metres of the Roadway, where there is no curb, unless it
is turf grass, Herbaceous Plants, wood chips, mulch, or inorganic material (any
inorganic material, wood chips, or mulch permitted under this subsection must
be installed flush with the existing grade of the Boulevard and provide positive
drainage);
(h) is more than 20 centimeters in height, unless it is a Herbaceous Plant and
governed by subsection 2.1. of this by-law; or
(i)
overflows onto the Sidewalk, Roadway or adjacent property;
(j)
is located within 3m of the base/trunk of a Town Tree.
3.2.
No Person shall permit turf grass to exceed a height as prescribed under Town by-
law No. 2006-23 (as amended), being a by-law respecting property standards on a
Boulevard abutting his or her property.
3.3.
No Person shall alter an area of the Boulevard that is abutting his or her property
or regularly maintained by the Town or Region.
3.4
The Owner is to maintain their Driveway Apron in a state of good repair and control
material from the driveway from entering onto the Roadway. A road occupancy
permit is not required for repairs or replacement of a Driveway Apron, provided
there is no change to material, size or location.
3.5.
The provisions of subsection 3.1 do not apply to snow.
3.6.
The provisions of subsection 3.1 do not apply to anything on a Boulevard that is
permitted under Town by-Law No. 2010-073 (as amended), being a by-law to
establish and maintain a system for the collection, removal and disposal of
garbage, other refuse, yard waste materials, recyclable materials including blue
box materials and source separated organics in the Town.
3.7.
Where an Owner has obtained written permission from the General Manager under
section 3.1, that Owner shall comply with any conditions set forth in the written
permission of the General Manager.
4.
DAMAGE TO BOULEVARD
4.1.
No Person shall damage, construct or re-construct a Sidewalk, curb, Driveway
Apron or Boulevard without the written permission of the General Manager.
4.2.
For the purposes of Section 4.1, "Person" shall not include the Town, the
Region, a utility, or a contractor hired by the Town, Region or utility.
4.3.
If a Boulevard, is damaged by the Town, the Region, a utility, or a contractor hired
by the Town, Region or utility, the person who that caused the damage shall only
be responsible for restoring (turf grass or asphalt for a Driveway Apron) that
Boulevard, and shall not be obligated to restore any alterations to the Boulevard
made by the Owner.
5.
PENALTIES AND ENFORCEMENT
5.1.
Where anything required to be done by an Owner in accordance with this by-law
is not done, the Town may do so and recover the cost of so doing by adding
the cost to the tax roll of the real property adjoining the Boulevard and collecting
the cost in the same manner and with the same priority as municipal taxes or in
the case of a contractor working on behalf of a utility company, the cost will be
added to the Road Occupancy Permit.
5.2.
Every Person who contravenes a provision of this by-law is upon conviction guilty
of an offence and is liable to a fine recoverable under the Provincial Offences
Act, R.S.O., 1990, c. P. 33, as amended, or any successor legislation.
6.
GENERAL
6.1.
If any part, section, sub-section, clause or sub-clause of this by-law is for any
reason held to be invalid, such decision does not affect the validity of the remaining
portions of this by-law.
Short Title
6.2.
This by-law may be cited as the "Boulevard By-Law."
Effective Date
This by-law shall come into force on November 15, 2016.
ENACTED AND PASSED this 15th day of November, 2016.
Virginia Hackson, Mayor
_______________________________
Fernando Lamanna, Municipal Clerk