Fence By-law 47/2023 (A By-law to Regulate Fences and Swimming Pool Enclosures)
Guelph/Eramosa, Ontario
· adopted 2023-10-02
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The Corporation of the Township of
Guelph/Eramosa
By-law Number 47/2023
A By-law to Regulate Fences and Swimming Pool
Enclosures in The Township of Guelph/Eramosa
WHEREAS Section 11 of the Municipal Act 2001, S.O., c.25, as amended, establishes
spheres of jurisdiction within which municipalities may pass by-laws; and
AND WHEREAS Section 11(3) of the Act provides that a lower-tier municipality
may pass By-laws respecting structures, including fences and signs; and
AND WHEREAS the Council of the Corporation of the Township of
Guelph/Eramosa considers it necessary and desirable to regulate fences within all
areas of the Township of Guelph/Eramosa;
AND WHEREAS subsections 98(1) and (2) of the Municipal Act provide that a by-
law may be passed by a municipality stating that the Line Fences Act, R.S.O. Ch.
L. 17 does not apply to all or any part of the municipality, subject to the continuing
applicability of section 20 of the Line Fences Act;
AND WHEREAS it is deemed expedient to exclude the Township from the
provisions of the Line Fences Act, R.S.O. 1990, c.L.17, as amended;
AND WHEREAS subsection 391 of the Municipal Act, 2001, without limiting
sections 9, 10 and 11, authorizes a municipality to impose fees and charges on
persons;
AND WHEREAS section 398 of the Municipal Act, 2001 provides for fees and
charges imposed by a municipality on a person to constitute a debt of the person
and for the municipality to add such fees and charges to the tax roll and collect
them in the same manner as municipal taxes;
-
NOW THEREFORE, the Council of the Corporation of the Township of
Guelph/Eramosa enacts as follows:
1.
TITLE, INTERPRETATION AND SEVERABILITY
1.1.
This By-law shall be known and may be cited as the "Fence By-law".
1.2.
Wherever a word is used in this By-law with its first letter capitalized
and balded, the term is being used as it is defined in Section 3 of this
By-law. Where any word appears in ordinary cases, the commonly
applied English language meaning is intended.
1.3.
Wherever a word defined in Section 3 of this By-law is used in the
form of a noun, verb, adverb, or adjective, it shall be interpreted as
having a corresponding defined meaning even if it is in ordinary case
1.4.
All words importing the singular shall include the plural, and words
imparting the masculine gender shall include the feminine, and the
converse of the foregoing also applies, unless the context of the By-
law requires otherwise.
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1.5.
If a court of competent jurisdiction declares any provision or part of a
provision of this Bylaw to be invalid or to be of no force and effect, it
is the intention of Council in enacting this By-law that the remainder
of this Bylaw shall continue in force and be applied and enforced in
accordance with its terms to the fullest extent possible according to
law.
2.
APPLICABILITY AND SCOPE
2.1.
The provisions of this By-law apply to all Fences within the
Township.
2.2.
Despite 2.1 this By-law does not apply to any noise attenuation
fences, walls or other barriers authorized by or Erected by municipal,
provincial or federal government or their agencies, boards,
commissions, departments or other bodies.
2.3.
If a Person is required to Erect a specified Fence under a site plan
agreement, a subdivision agreement, another Township By-law or
any applicable law, statute or regulation of any municipal, provincial
or federal government or their agencies, boards, commissions,
departments or other bodies, the Fence is exempt from the
provisions of this By-law with which it does not comply.
3.
DEFINITIONS AND INTERPRETATION
3.1.
In this By-law:
"Act" means the Line Fences Act, R.S.O. Ch. L.17 as amended;"
"Actual Cost" means the total cost of the construction, replacement,
maintenance or repair (as applicable) of a Division Fence, other than a
Basic Cost Fence and includes taxes, the value of the material used and
the value of the labour performed to complete the work;
"Adjoining Owner" means the Person who owns the land adjacent to
land of another land Owner seeking to build a Division Fence;
"Building" means any structure used or intended to be used for shelter,
accommodation or enclosure of Persons, animals or chattels but does not
include a Fence, sign, travel trailer or vehicle;
"Basic Cost" means the total cost of construction, replacement,
maintenance or repair, as applicable, of a four (4) foot high, 1-1/2" mesh,
steel chain link fence;
"By-law" means this By-law;
"Chief Building Official" means the Chief Building Official of the
Corporation of the Township of Guelph/Eramosa or designate;
"Committee" means the Property Standards Committee appointed
pursuant to this By-Law;
"Corner Lot" means a Lot situated at the intersection of two or more
streets, provided that the angle of intersection of such streets is not more
than one hundred and thirty-five (135) degrees;
"Depth" when used in relation to Swimming Pools, means the distance
from the bottom of the Swimming Pool at its deepest point to the top edge
of the Swimming Pool;
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"Daylighting Triangle" also known as "Sight Triangle", means an area
free of Buildings or structures and which area is to be determined by
measuring from the point of intersection of Street Lines on a Corner Lot,
the distance required by the Zoning By-law (7.62m [25.0ft]) along each
such Street Line and adjoining such points with a straight line.
The
triangular-shaped land between the intersecting Street Lines and the
straight line joining the points the required distance along the Street Lines,
is the Sight Triangle;
"Division Fences" means a Fence marking the boundary between
adjoining parcels of land;
"Driveway Sight Line Triangle" means an area free of Building or
structures and which area is determined by measuring from the corner of
the driveway away from the driveway along the sidewalk or curb closest to
the Lot line 4.0m (13.1 ft) and from the corner of the driveway into the
property along the driveway edge 5.0m (16.4 ft) and adjoining such points
with a straight line. The triangular-shaped land is the Driveway Sight Line
Triangle;
"Effective Ground Level" means the existing ground level upon which a
Fence is Erected or to be Erected upon;
"Erect or Construct" means to build, Construct, reconstruct, place, or
relocate and, without limiting the generality of the word(s), also includes
alteration to any existing Fence by an addition enlargement, extension or
other structural change.
Constructed and Construction shall have
corresponding meanings;
"Farm Fence" means a Fence of Open Construction erected for the
purpose of containing livestock, enclosing crops, water areas, woodlots,
buildings, fields or laneways or any "Agricultural Use" as defined in this
By-law;
"Fence" means a structure of vertical or horizontal members erected as a
barrier, enclosure or delineation along any street or property line and
includes: a railing, wall, hedge, line of posts, shrubs, trees, wire, gate,
boards, pickets or other similar substances used to enclose or divide in
whole or in part a yard or other land, to establish a property boundary, or to
provide privacy.
"Grade" means the ground surface elevation of the lands in the original
Township subdivision Lot grading plan approved by Township staff, or
other ground surface elevation approved by Township staff;
"Hazardous" means that which may pose a danger or unsafe condition to
Persons or animals;
"Height" means the distance measured from the Effective Ground Level
where the Fence posts are embedded to the top of the Fence;
"Highway" means a common and Public Highway, street, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle, any part of
which is intended for or used by the general public for the passage of
vehicles and includes the area between the lateral property Lot lines
thereof;
"Invisible Fence" means a wired fence placed underground creating an
electrically charged boundary for the purposes of keeping a domestic pet
within the confines of a yard without the requirement of a physical Fence.
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"Lot" means a parcel of land which can be conveyed as a separate parcel
pursuant to the provisions of the Planning Act, R.S.O. 1990, c. P.13
"Lot Line" means any boundary of a Lot;
"Lot Line, Front" 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
a street shall be deemed the Front Lot Line and the longer lot line abutting
a street shall be deemed an exterior side lot line. In the case of a through
lot, the lot line where the principal access to the lot is provided shall be
deemed to be the Front Lot Line;
"Multi-Residential Property" means a Property used for or permitted to
be used for multiple dwelling units and, includes hotels and motels;
"Non-Residential Property" means a Property used for uses other than
residential use and includes schools and other institutional uses but does
not include Public Highways or walkways;
"Non-Climbable" refers to a Swimming Pool Enclosure or Fence which
has been constructed to restrict the ability of Persons to climb it, in line with
the provisions of this By-law;
"Normal Farm Practice" means a practice that,
(a) is conducted in a manner consistent with proper and acceptable
customs and standards as established and followed by similar
agricultural operations under similar circumstances, or
(b) makes use of innovative technology in a manner consistent with
proper advanced farm management practices.
"Owner" means the registered Owner of the land, the Person managing
or receiving the rent for the land or premises or the Person who wishes to
Erect a Fence;
"Officer" means a Provincial Offences Officer or Municipal Law
Enforcement Officer of the Township or any other Person appointed by or
under the authority of a Township By-Law to enforce this By-law;
"Open-Fence Construction" means Fence construction that provides
motorists and pedestrians with an unobstructed view of people, vehicles
and their movements through the entire length of the Fence;
"Parking Lot or Parking Area" means an area of land comprised of parking
spaces and related aisles, maneuvering areas and entrances and exits;
"Person" means an individual, association, organization, partnership,
limited partnership, corporation, or an individual in their capacity as a
trustee, executor, administrator or other legal representative and includes
an Owner;
"Property" means a building or structure or part of a building or structure,
and includes the lands appurtenant thereto, including all mobile homes,
mobile buildings, mobile structures, outbuildings, Fences and erections
thereon whether heretofore or hereafter Erected, and includes vacant
properties;
"Public Highway" means lands owned by the Township and designated
as a common and Public Highway, including any street, bridge, trestle,
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viaduct or other structure forming part of the highway and, except as
otherwise provided, includes a portion of a highway;
"Public Authority" means the federal or provincial government, Crown
agents, school boards and regional municipalities to whom the context can
apply but specifically excludes the Township;
"Plumb" means perfectly vertical, or upright maintaining a 90 degrees
angle.
"Rear Lot Line" shall mean the Lot line farthest from and opposite to the
Front Lot Line;
"Rear Yard" means a Yard extending from side lot line to side lot line and
from the Rear Lot Line ( or apex of the side lot lines if there is no rear line),
to the rear of the main Building or structure on the lot, disregarding open
or uncovered terraces or steps or minor architectural projections;
"Residential Area" means any properties zoned for residential purposes
in the Township Zoning By-law that includes the following zones: Rural
Residential (RR), Village Residential Low Density (R1 ), and Village
Residential Medium Density (R2), as well as Agricultural (A) Zone where
the primary use is of a residential character or the Lot is being used for
residential purposes.
"Retaining Wall" means a wall designed to contain and support fill which
has a finished grade higher than that of adjacent lands;
"Scrap" means fragments, odds and ends or bits and pieces of anything
put together to form a Fence that is not commonly used for the construction
of fences, which includes, but is not limited to: tires, packing crates, Scrap
metal, or leftover fencing material that is unsightly, such as broken boards,
peeling paint, etc;
"Sign" means any advertising device or notice and means any visual
medium including its structure and other component parts, which is used or
is capable of being used to attract attention to a specific subject matter,
other than itself, for identification, information, or advertising purposes;
"Single Family Residential" means in reference to a Property, any
Property or portion thereof serving a single dwelling unit;
"Snow Fence" means any Fence used to force drifting snow to accumulate
in a predictable place, and which is usually constructed of plastic mesh,
lightweight wood strip or wire;
"Street Line" means the limit of the street allowance and is the dividing line
between a Lot and a street.
"Swimming Pool" means any privately-owned outdoor body of water,
located on privately owned Property, contained in part or in whole by
artificial means, and used or intended for swimming, diving or bathing, but
does not include:
(a)
a farm pond; or
(b)
a body of water or Swimming Pool that is less than 76.2 centimetres
(approximately 30 inches) in Depth;
"Swimming Pool Enclosure" means a Fence, wall or other structure,
including any permitted door, gate or other opening, which surrounds and
restricts access to an outdoor Swimming Pool;
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"Swimming Pool Enclosure Permit" or "Permit" means an official
document from the Township authorizing the Permit holder to construct a
Swimming Pool Enclosure in compliance with this and other Township
by-laws;
"Swimming Pool, In-Ground" means a Swimming Pool that is embedded
in the ground or an excavated hole, and is intended to be a year-round
structure;
"Swimming Pool, Permanent Above-Ground" means a Swimming Pool
that is above grade and intended to be a year-round structure;
"Swimming Pool, Seasonal/Temporary" means an above-ground
Swimming Pool that may be collapsed, removed or otherwise stored when
not in use, such as, but not limited to, an inflatable Swimming Pool;
"Township" means the Corporation of The Township of Guelph/Eramosa.
"Unopened Road Allowance" means lands owned by the Township but
which have yet to be designated as a Public Highway by the enactment of
a By-law.
"Use, Agricultural" means any general farming or agricultural use which is
not obnoxious to the public welfare including but not limited to animal
hospitals, apiaries, aviaries, berry or bush crops, animal husbandry, dog
kennels or the breeding, boarding or sale of dogs or cats, field crops,
forestry research station, goat or cattle dairies, mushroom farms, orchards,
riding stables or academies, the raising of sheep or goats, the raising of
swine, tree and shrub farms, and such uses or enterprises as are
customarily carried on in the field of general agriculture;
"Use, Industrial" means the use of land, building or structures for the
warehousing, manufacturing, processing or assembly of materials to
finished products or by-products, including the storage of such materials
and products;
"Watergate(s)" means gates of porous construction used to keep
watercourses stockproof, whatever the level of the water. Such gates are
designed to swing up and float as the water rises, allowing water and debris
to flow underneath.
"Yard" means a space appurtenant to a Building, structure or excavation,
located on the same Lot as the Building, structure or excavation, and
which space is open, uncovered and unoccupied from the ground to the sky
except for such accessory buildings, structures or uses as are specifically
permitted in the Township of Guelph/Eramosa Zoning By-law.
"Yard, Exterior Side" means a side Yard immediately adjoining a public
street;
"Yard, Interior Side" means a side Yard other than an Exterior Side Yard;
"Yard, Front" means a Yard extending from side lot line to side lot line and
from and parallel to the Street Line, to the nearest wall of a Building or
structure on the lot, disregarding open or uncovered terraces or steps or
minor architectural projections; and for the purposes of this By-law includes
the Exterior Side Yard of a Corner Lot to the midpoint of a house;
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"Zoning By-law" means any By-law administered by the Township of
Guelph/Eramosa passed pursuant to Section 34 of the Planning Act or a
successor thereof, as may be amended from time to time.
"Zone" or "Zoned" means a designated area of land permitted for uses as
shown in the Township's Zoning By-law, as amended.
3.2.
In this By-law, unless the context otherwise requires, wording
imparting the singular number shall include the plural, and words
imparting the masculine gender shall include the feminine, and
further, the converse of the foregoing also applies where the context
so requires.
3.3.
Where any expression of time occurs or where any hour or other
period of time is stated, the time referred to shall be standard time
except in periods when daylight saving time is in effect, in which
periods it shall be daylight saving time.
3.4.
Where measurements are used in this By-law, the Metric system
shall be deemed to be the official and required system of
measurement. Measurements in the Imperial system are provided
for convenience purposes only.
4.
GENERAL PROVISIONS
4.1.
This By-law does not apply to:
(a)
any lands that constitute a Public Highway, including lands
abutting a Public Highway that are held as a reserve by a
municipality or other Public Authority, or to lands that are
being held by a municipality or other Public Authority as an
Unopened Road Allowance or for future Public Highway
purposes;
(b)
noise barriers located on public lands;
(c)
a Fence erected upon or abutting land which is used for
industrial purposes, for a railway right-of-way, or for hydro,
telephone or utility installations, or for public works
installations which are Hazardous to the public or to municipal
recreational facilities;
(d)
Fences used for the purpose of enclosing a privately owned
outdoor tennis court, provided the Fence is of chain link
construction;
(e)
a Fence Erected in compliance with the Buffer Strip provisions
(Section 5.10) of the Township Zoning By-law.
4.2.
Notwithstanding the other provisions of this By-law, nothing shall
prevent the construction and maintenance of a Farm Fence in
keeping with a Normal Farm Practice.
4.3.
A Snow Fence may be used on private property between
November 15 and April 15 and must comply with all corresponding
standards in this By-law and other Township by-laws.
4.4.
A Fence shall be capable of performing safely the function for it
was constructed.
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4.5.
A Fence shall be kept free from deterioration by the application of
paint or other suitable protective materials or constructed of a
material that is resistant to such deterioration.
4.6.
A Fence shall be maintained:
(a)
in a structurally sound condition;
(b)
in good repair, free from cracks, and missing, broken, or
warped components;
(c)
such that all surfaces that have been previously painted,
stained, varnished or which have received other similar
protective finishes shall be maintained without visible
deterioration;
(d)
free from hazards, including protruding nails, screws and
staples;
(e)
free from posters, Signs, notices, advertising materials,
words, slogans, pictures, drawings, or other defacements;
(f)
in a Plumb condition, unless specifically designed to be other
than vertical;
(g)
so that it is of uniform appearance; and
(h)
so that it does not create an unsightly appearance.
4.7.
A Fence erected adjacent to public or Township Property shall be
built and contained entirely within the limits of the subject Property.
5.
APPLICABILITY OF LINE FENCES ACT
5.1.
The provisions of the Act, except for section 20 of the Act, shall no
longer apply in the Township.
5.2.
The provisions of this By-law do not apply in the following
circumstances:
(a)
to any lands that constitute a Public Highway, including lands
abutting a Public Highway that are held as a reserve by a
Township or other Public Authority, or to lands that are
being held by a Township or other Public Authority as an
Unopened Road Allowance or for future Public Highway
purposes.
(b)
Where an Owner has initiated proceedings under the Act prior
to the date of enactment of this By-law.
6. RESTRICTIONS ON FENCES
6.1.
No Person shall own, Construct, Erect, maintain or Fence in
contravention of the provisions of this By-law unless such Fence
existed prior to the passing of this By-law and is not moved, altered
or enlarged in any way.
6.2.
No Person shall own, Construct, Erect, maintain or keep a Fence
in a manner that impedes, obstructs or alters the flow of water
drainage.
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6.3.
No Person shall own, Construct, Erect, maintain or keep a Fence
unless it's constructed of durable materials, suitable for its intended
use and is capable of supporting the intended structural loads.
6.4.
No Person shall Erect a Fence on a municipal road allowance or
right of way unless such Fence has been so authorized by a written
encroachment agreement with the Township.
6.5.
No Person shall own, Construct, Erect, maintain or keep a Fence
which is used or could be used as a support for any structure,
object or thing that could exert a lateral force against or upon that
Fence.
6.6.
No Person shall use any barbed wire or other barbed or sharp
materials in the erection of or construction of, or in connection with,
any Fence in the Township, except where all of the following
conditions are met:
(a)
the Fence is located on land Zoned for Agricultural or
Industrial Use; and
(b)
any barbed wire or other barbed or sharp materials are used
at a Height of at least 1.8 metres (approximately 6 feet)
above the Grade.
6. 7.
No Person shall permit a Fence or any attachment to a Fence to
be used as a conductor of an electrical current, except where all of
the following conditions are met:
(a)
the Fence is located on land Zoned for Agricultural Use;
(b)
the land is in actual use for raising livestock;
(c)
the Fence does not carry an electrical charge of more than
12 volts;
(d)
the Fence is designed and installed only to contain livestock;
and
(e)
the Fence has Signs installed at not more than 12.0-metre
(approximately 39 feet) intervals along the Fence, warning
that the Fence carries electricity.
6.8.
No Person shall Erect a Fence upon a Property boundary at a
location where a maintenance easement exists, unless:
(a)
permitted on the registered title of the Property; or
(b)
the Fence contains a gate within the limits of the
maintenance easement of at least 0.9 metres (approximately
3 feet) in width which provides access to maintenance
easement lands; or
(c)
authorized by the Township, municipal, provincial or federal
government or their agencies, boards, commissions,
departments or other bodies.
6.9.
No Person shall Erect, cause or permit to be Erected or maintain a
Fence Constructed with plywood, railway ties, Scrap or Hazardous
material.
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6.10. No Person shall construct a Fence over a Drainage Easement or
watercourse without constructing a Watergate sufficient to ensure
adequate drainage.
6.11. All Watergates on Fences shall at all times be kept free from
obstructions.
6.12. No Person shall Erect a Division Fence that is greater than 20.0
centimetres (approximately 7.9 inches) wide where such Fence
straddles a Property boundary.
6.13. No Person shall Erect, own or maintain, or cause or allow the
Erection or maintenance of any Fence that uses sheet metal or
corrugated metal panels of any material, or any materials not usually
intended for use in permanent fencing, unless specifically permitted
by this By-Law.
6.14. No Person shall install a gate in a Fence adjacent to a park that
creates an access point to a park.
7. FENCE HEIGHT AND CONSTRUCTION
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2
3
4
5
6
7
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7.1.
No Person shall, Erect, Construct or maintain a Fence that
exceeds the maximum Heights listed in Table 'A' and as illustrated
in Schedule "B'' of this By-law.
TABLE A
MAXIMUM FENCE HEIGHT
Location
Single/ Semi
Multiple Residential
Non-Residential
Detached
Property
Property
Residential
Property
Exterior Side Yard
1.9 m (6 ft 2 inches)
1.9 m (6 ft 2 inches)
1.9 m (6 ft 2 inches)
within 4 metres of
Front Lot / Street
Line from the rear
of the building to
the Rear Lot Line
Interior Side Yard
1.9 m (6 ft 2 inches)
1.9 m (6 ft 2 inches)
2.5m (8 ft 2 inches)
between buildings
Rear Yard not
2.5m (8 ft 2 inches)
2.5m (8 ft 2 inches)
2.5m (8 ft 2 inches)
within 4 metres of
lot/ street line
Front Yard and
1.07 m (3ft 6 inches)
1.07 m (3ft 6 inches)
1.07 m (3ft 6 inches)
remainder of
Exterior Side Yard
Sight Triangle/ -
0.8 m (2ft 7 inches)
0.8 m (2ft 7 inches)
0.8 m (2ft 7 inches)
Driveway Sight
Triangle
Unroofed deck in
1.9 m (6 ft 2 inches)
1.9 m (6 ft 2 inches)
1.9 m (6 ft 2 inches)
Rear Yard
above surface of deck above surface of deck above surface of deck
Abutting Multiple
2.5m (8 ft 2 inches)
2.5m (8 ft 2 inches)
2.5m (8 ft 2 inches)
Residential
Property
Abutting a Highway
2.5m (8 ft 2 inches)
2.5m (8 ft 2 inches)
2.5m (8 ft 2 inches)
or walkway but not
in a front or
exterior side yard
10
9
10
Tennis court,
3 m (9 ft 10 inches)
3 m (9 ft 10 inches)
3 m (9 ft 10 inches)
baseball diamond,
or other
recreational facility
Any other fence
1.9 m (6 ft 2 inches)
1.9 m (6 ft 2 inches)
2.5m (8 ft 2 inches)
7.2.
Height and Location
(a)
No person shall, within a Front Yard, Erect or cause to be
erected or maintain or permit a Fence exceeding 1.07 metres
(3 feet, 6 inches) in Height from the Effective Ground Level,
as shown on the attached sketch (Area 1) of Schedule 'B'.
(b)
No person shall, within a Daylighting Triangle, Sight
Triangle, or Driveway Sight Line Triangle, Erect or cause
to be erected or maintain or permit a Fence exceeding 0.8
metres (2 feet, 7 inches) in Height above the travelled portion
of the abutting streets, as shown on the attached sketch
(Area 4) of Schedule 'B'.
(c)
No person shall within an Interior Side Yard, from the rear of
Building to the front of Building, or Exterior Side Yard, from
the rear of the Building to the Rear Lot Line, Erect or cause
to be erected or maintain or permit a Fence exceeding 1.9
metres (6 feet, 2 inches) above Effective Ground Level as
shown on the attached sketch (Area 2) of Schedule 'B'.
(d)
No person shall within a Rear Yard Erect, cause to be
erected or maintain or permit a Fence exceeding 2.5 metres
(8 feet, 2 inches) above Effective Ground Level, as shown
on the attached sketch (Area 3) of Schedule 'B'.
(e)
Notwithstanding 7.2(c) above, a Fence located in an
Exterior Side Yard, not exceeding 2.5 metres (8 feet 2
inches) above Effective Ground Level, may be erected 4
metres ( 13 feet, 1 inch) back from the property/street line,
from the midpoint of the house to the Rear Lot Line, as
shown in the attached sketch (Area 3) of Schedule 'B'
7.3.
Notwithstanding any provision set out in this By-law, no person shall
Erect, cause to be erected, maintain or permit a Fence that obstructs
the view of a motorist or is determined to be Hazardous under this or
any other legislation or by-law, as determined by the Director of
Public Works for the Township or an Officer.
7.4.
Notwithstanding any provision set out in this By-law, no person shall
Erect, cause or permit to be erected or maintain a Fence that
obscures clear visibility of normal approaching pedestrian or
vehicular traffic, as determined by the Director of Public Works for
the Township.
7.5.
Any Fence or portion of the Fence which obstructs the sightline of
vehicular
or
pedestrian
traffic,
must
be
of
Open-Fence
Construction or Erected to create a Sight Triangle, to the
satisfaction of Township staff, such that:
(a)
any Fence within 2.4 metres (approximately 7 feet 10 inches)
of any driveway shall be an open mesh chain-link Fence or of
an equivalent Open-Fence Construction for at least 2.4
metres (approximately 7 feet 10 inches) from the Lot Line at
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which the driveway begins so as not to obstruct the view of
the boulevard or Highway;
(b)
any Fence in a Parking Lot or within a Parking Area shall be
of an Open-Fence Construction, such as an open mesh
chain-link Fence. Any Fence in a Parking Lot or within a
Parking Area, including, any vegetation on or about such
Fence, shall not restrict the sightlines of vehicular or
pedestrian traffic;
(c)
vegetation shall not be permitted to obstruct the view through
Open-Fence Construction; and
(d)
any other Fence or portion of the Fence which obstructs the
Sight Lines of vehicular or pedestrian traffic.
7.6.
Where a Yard of one Property abuts the Yard of an adjoining
Property, and at least one of the abutting Yards fronts onto a Public
Highway and has the governmental approved access onto such
Public Highway, then either:
(a)
any Fence Erected must be of Open-Fence Construction;
or
(b)
any Fence must be Erected to create a Sight Triangle to the
satisfaction of Township staff.
7.7.
An Invisible Fence shall be contained within the property limits of
the subject Property.
8.
REGULATIONS UNDER THE TOWNSHIP OF GUELPH/ERAMOSA
ZONING BY-LAW
8.1.
A Fence within or abutting a Daylighting Triangle, Sight Line
Triangle or Driveway Sight Line Triangle shall, notwithstanding
anything to the contrary within this By-law, also comply with the
regulations
and
definitions
set
out
in
the
Township
of
Guelph/Eramosa Zoning By-law.
8.2.
The provisions of the Township's Zoning By-law regarding Yard
encroachments, temporary uses and setbacks and any other
restrictions pertaining to the erection of a Fence in a Residential
Area shall apply and supersede this By-law in the event of a conflict.
9. DIVISION FENCES
9.1.
An Owner of land may Construct, replace, repair and maintain a
Division Fence, subject to compliance with the provisions in this By-
law.
9.2.
Where the Owners of adjoining lands are in agreement or are able
to reach an agreement on the details of the construction or
replacement of a Division Fence, each of them shall Construct or
replace a reasonable proportion of the Division Fence, or shall bear
a reasonable and just proportion of the cost of any work required to
do so, in accordance with the agreement reached between the
Owners, regardless of any provision to the contrary in this By-law.
9.3.
Where the Owners of adjoining lands cannot agree or reach an
agreement as referred to in section 9.2 above, an Owner desiring to
12
Construct or replace a Division Fence may do so subject to
complying with the following requirements:
(a)
the Owner must deliver a notice (the "Notice of Intent") to the
Adjoining Owner by registered mail, advising of his or her
intent to Construct or replace a Division Fence;
(b)
the Notice of Intent must contain the following minimum
information:
(i)
a copy of three (3) written quotes for the Actual Cost
or basic cost for the fencing work to be undertaken;
(ii)
a
paragraph
stating
that
"the
construction
or
replacement of the Division Fence will commence
fourteen (14) business days after the date of mailing of
this Notice of Intent and the Owner may seek a
contributory payment for the work to the Division
Fence from the Adjoining Owner in accordance with
the applicable By-law";
(iii)
a further paragraph stating that "the Adjoining Owner
may obtain three (3) additional quotes for presentation
to the Owner not later than ten ( 10) business days from
the date of mailing of the Notice of Intent";
(iv)
a complete copy of this By-law must be attached to the
Notice of Intent.
9.4.
In cases where the cost of construction or replacement of a Division
Fence is in dispute, the cost shall be apportioned as follows:
(a)
the Adjoining Owner shall pay fifty percent (50%) of the Basic
Cost or fifty percent (50%) of the Actual Cost, whichever is the
lesser, having considered all the fencing quotes exchanged,
and
(b)
the Owner shall pay the balance of the Actual Cost.
9.5.
Subject to Sections 9.6 and 9.7, once a Fence has been Erected,
the cost of repairs or maintenance to a Division Fence shall be
borne equally by the Owner and the Adjoining Owner.
9.6.
(a)
The cost of repairs to a Division Fence shall be borne by
the Owner if he or his invitees caused the damage
necessitating the repair;
(b)
The cost of repairs to a Division Fence shall be borne
the Adjoining Owner if her or his invitees caused the
damage necessitating the repair.
(c)
Subject to Section 9.7, the cost of repairs to a Division
Fence shall be borne equally by the Owner and the
Adjoining Owner if the damage necessitating the repair
was caused by a natural disaster.
9.7.
If a tree causes damage to a Division Fence, whether by accident
or one or more persons' carelessness, negligence, deliberate intent
or otherwise, the Owner of the land on which the tree stood shall, at
his sole, expense, forthwith remove the tree debris and repair the
Fence.
13
9.8.
Where the Township is the Adjoining Owner of lands other than
lands as described in subsection 5.2(a), the cost of construction,
replacement, repair or maintenance of a Division Fence shall be
maintained by the Owner. The Owner shall pay one hundred percent
( 100%) of the cost of any repair or restoration work.
9.9.
Any Owner desiring to enforce the provisions of this By-law shall,
within ninety (90) days after completion of the Construction of the
Division Fence, serve or cause to be served on the Adjoining
Owner a notice by registered mail requiring compliance with this By-
law by means of payment of that adjoining owner's portion of the
Basic Cost; and, if such compliance does not take place within thirty
(30) days after service of the notice, the owner may take appropriate
civil proceedings or proceedings under the Provincial Offences Act
to recover the proportionate share of the cost of the work from the
Adjoining Owner.
10.
SWIMMING POOL ENCLOSURE REQUIREMENTS
10.1. The Owner of a Swimming Pool shall Erect and maintain the area
around the Swimming Pool, and shall ensure that the Swimming
Pool Enclosure:
(a)
Shall meet the applicable criteria found in Schedule "A":
(b)
Is in compliance with this By-law such that it is structurally
sound, stable, safe and capable of performing its intended
use.
11.
SWIMMING POOL ENCLOSURE PERMITS
11.1. No Owner shall excavate for or Erect, or cause or allow excavation
for or erection of a Swimming Pool without first obtaining the
appropriate Swimming Pool Enclosure Permit certifying approval
from the Chief Building Official, for the construction of a Swimming
Pool Enclosure for the Swimming Pool.
11.2. No Owner shall use a Retaining Wall as a Swimming Pool
Enclosure.
11.3. Notwithstanding 11.1, a temporary Fence shall be Erected prior to
any excavation or erection related to the Swimming Pool or
Swimming Pool Enclosure, such that the temporary Fence shall be
Erected in a good, workmanlike manner and shall consist of:
(a)
Steel "T" posts spaced at not more than 1.2 metres
(approximately 4 feet) apart;
(b)
embedded at least 60.0 centimetres (approximately 2 feet)
into the ground;
(c)
with 3.8-centimetre (approximately 1.5-inch) plastic mesh
fencing at least 1.5 metres (approximately 5 feet) high that is
securely
fastened
to
the
posts
at
20.0-centimetre
(approximately 7.9-inch) centres;
(d)
be horizontally secured at the top and bottom by an eleven-
gauge steel lacing cable threaded through the mesh and
looped and fastened to each post, or any other Fence
acceptable to an Officer or Chief Building Official.
11.4. An application made by an Owner for a Swimming Pool Enclosure
Permit, including an In-Ground, Permanent Above-Ground or
14
Seasonal/Temporary Swimming Pool Enclosure Permit, shall be
in the form required by the Chief Building Official and shall be
accompanied by:
(a)
a description of the pool, including whether it is an In-
Ground, Permanent Above-Ground or
Seasonal/Temporary Swimming Pool;
(b)
plans showing the location of the Swimming Pool and septic
system (if applicable), in relation to Lot Lines and adjacent
buildings;
(c)
plans providing complete details of the Swimming Pool
Enclosure;
(d)
stormwater and/or grading control plan as required and to the
satisfaction of the Township;
(e)
plans providing any other details and information required by
the Chief Building Official, for determining compliance with
this By-law;
(f)
payment of the non-refundable Swimming Pool Enclosure
Permit application fee set out in the Township's Building
Department Fees By-law; and
(g)
payment of a Swimming Pool Enclosure Permit deposit for
In-Ground Swimming Pool Enclosure Permits as set out
in the Township's Building Fees By-law.
11.5. An In-Ground or Permanent Above-Ground Swimming Pool
Enclosure Permit is only required to be obtained once for a given
Swimming Pool on a given Lot.
11.6. Once a Swimming Pool Enclosure Permit has been approved for
a given Lot, the Permit Holder may Erect the Seasonal/Temporary
Swimming Pool subsequent times without obtaining an additional
Swimming Pool Enclosure Permit, provided that the original
Swimming Pool Enclosure Permit was not revoked; and that the
Seasonal/Temporary Swimming Pool is Erected within the
dimensions and same location of the Swimming Pool shown on the
Permit application.
11.7. The Chief Building Official shall refuse, revoke or apply conditions
to a Swimming Pool Enclosure Permit if:
(a)
the proposed Swimming Pool Enclosure would contravene
this By-law or any other applicable law;
(b)
the Swimming Pool Enclosure Permit was issued in error or
on mistaken, false or incorrect information; and/or
(c)
the required Swimming Pool Enclosure Application Fee,
set out in Township's Building Fees By-Law, has not been
paid.
11.8. No Person shall place water in a privately-owned outdoor
Swimming Pool, or allow water to remain therein unless the
Swimming Pool Enclosure prescribed by this By-law has been
inspected and approved by the Township as Erected.
15
11.9. Notwithstanding 11.7, if necessary to prevent damage to the
Swimming Pool, a Person may fill a Swimming Pool with water
when temporary fencing has been Erected in compliance with this
By-law, only to the Depth necessary to prevent damage; however,
the Swimming Pool shall not be used until the Swimming Pool
Enclosure has been Erected and inspected by a Chief Building
Official or an Officer who has confirmed it is in full compliance with
this By-Law.
11.10. The Owner of the Swimming Pool shall contact the Township once
the Swimming Pool Enclosure is complete and ready for inspection
and shall pay any required re-inspection fees as set out in the
Township's Fees and Charges By-Law.
11.11. If the Swimming Pool Enclosure has not passed the final inspection
within one year of the date of issuance, the Swimming Pool
Enclosure Permit will expire unless the Owner has applied for and
obtained a one-year Swimming Pool Enclosure Permit extension
in the form required by the Chief Building Official, and shall be
accompanied by payment of the non-refundable fee set out in the
Township's Building Fees By-Law.
11.12. If a decision is made by the Chief Building Official to place
conditions on, refuse or revoke the application or Permit, the Chief
Building Official shall provide a written notice of that decision to the
Owner advising of the decision with respect to the Application or
Permit.
11.13. The written notice given in Section 11.12 shall:
(a)
set out the grounds for the decision;
(b)
give reasonable particulars of the grounds;
(c)
be signed by the Chief Building Official; and
(d)
state that the Owner is entitled to appeal the decision to the
Committee within fourteen (14) days after the notice is
served, by providing a notice in writing to the Township or in
other prescribed form as determined by the Township.
11.14. Where no appeal is registered within the required time period, the
decision of the Chief Building Official shall be final.
12.
ORDERS
12.1. An Officer or a Chief Building Official may issue an Order to any
Person governed by the provisions of this By-law, directing such
Person to:
(a)
discontinue a contravening activity; or
(b)
do work to correct a contravention.
12.2. Every Person who fails to comply with an order made under section
12.1 is guilty of an offence.
12.3. Where an order issued under section 12.1 is not complied with within
the time period stipulated therein, the Township may carry out, or
cause to be carried out, any work necessary to bring any property in
compliance with this By-law.
16
12.4. The Township may recover its Costs of remedying a violation of this
By-law by invoicing the Owner, by initiating court proceedings or by
adding the costs, including interest, to the tax roll in the same manner
as municipal taxes in accordance with section 446 of the Municipal
Act, 2001 and the exercise of any one remedy shall not preclude the
exercise of any other available remedy.
13.
SERVICE OF DOCUMENTS
13.1. Service of any document, including an order under this By-law may
be given in writing in any of the following ways and is effective:
(a)
when a copy is delivered to the Person to whom it is addressed;
(b)
on the 5th day after a copy is sent by regular or registered mail to
the Person's last known address;
(c)
by email to the last known email address of the Person to whom
service is required to be made;
(d)
by placing a placard containing the terms of the document or
order in a conspicuous place on the property to which the
document or order relates and shall be deemed to be sufficient
service to the Owner.
14.
VARIANCE FROM BY-LAW
14.1. An Owner of a property making an application for a variance from
the requirements of this By-law shall:
(a)
submit a complete application in the form provided by the
Township;
(b)
submit plans showing the location of the Fence, buildings,
structures, septic system, tile bed, well, outdoor swimming pool,
and outdoor Swimming Pool Enclosure including gate and
door locations, as applicable and in relation to Lot Lines:
(c)
provide details regarding the variance including why it is
desired;
(d)
submit any other documents as may be required by the
Township;
(e)
submit the prescribed application fee, according to the
Township's Fees and Charges By-law.
15.
ESTABLISHMENT OF A VARIANCE COMMITTEE
15.1. The Committee shall hear applications for variances to the
provisions of this By-law.
16.
POWERS OF THE COMMITTEE
16.1. The Committee is delegated authority by Council to hear and render
decisions regarding an application for a variance to this By-law.
16.2. The Committee, upon application of the Owner of any lot affected
by this By-law, or any Person authorized in writing by the Owner,
may authorize a variance from the provisions of this By-law.
17
16.3. The Committee, upon receiving an application for a variance, shall
consider:
(a)
whether the request is minor in nature;
(b)
whether the proposed variance is desirable and in keeping with
Fences in the area; and
(c)
whether the proposed variance affects the safety of sight lines;
(d)
whether the proposed Swimming Pool Enclosure meets the
intent of the safety and construction standards established by
this By-law;
16.4. The Committee, upon hearing an application for a variance shall
render a decision.
16.5. The decision of the Committee regarding an application for a
variance shall be final and binding.
17.
APPLICATION AND HEARING PROCESS
17 .1. The hearing on any application for a variance shall be held within
forty (40) days after the application is received by the Clerk's and
Legislative Services Department for the Township unless the
existence of exigent circumstances prevents the hearing from being
held within this timeframe.
17.2. The Township, before the Committee hears an application, shall
give notice of the application in a manner and containing the
information set out in section 17.4.
17.3. Notice of a hearing on an application for a variance shall be
circulated by the Clerk's and Legislative Services Department at
least ten (10) days before the day of the hearing on an application
for a variance to this By-law:
(a)
On the Township's website; and
(b)
To the Chief Building Official, Public Works Director and the
By-law Enforcement Officer for the purpose of providing
comments or concerns with the variance request.
17.4. The posted Notice of hearing shall include the following:
(a)
The date, time and location of the hearing
(b)
An explanation of the purpose and effect of the proposed
variance
(c)
A description of the subject land or the municipal address
(d)
How to obtain additional information regarding the application
(e)
How to obtain a copy of the decision
17.5. No decision of the Committee on an application is valid unless it is
concurred in by the majority of the members of the Committee that
heard the application, and the decision of the Committee, whether
granting or refusing an application, shall be in writing and shall set
out the reasons for the decision, and shall be signed by the members
18
who concur in the decision.
17.6. Any authority or permission granted by the Committee may be for
such time and subject to such terms and conditions as the
Committee considers advisable and as are set out in the decision.
17.7. The Clerks and Legislative Services Department shall no later than
ten ( 10) days from the making of the decision send one ( 1) copy of
the decision:
(a)
to the applicant;
(b)
to each person who appeared in person or by Counsel or by
Agent at the hearing and who filed with the Clerks and
Legislative Services Department a written request for notice of
the decision; and
(c)
to the By-law Enforcement Department, Building Department
and Public Works Department.
18.
ENFORCEMENT AND PENAL TY PROVISIONS
18.1. The enforcement of this By-law shall be conducted by an Officer, a
Chief Building Official, or any agent or employee of the Township
acting under this By-law.
18.2. An Officer, employee, or agent of the Township acting under this
By-law may enter and inspect all lands, buildings, structures or parts
thereof that are subject to this By-law at any reasonable time with or
without notice at the discretion of the Township for the purposes of
determining whether there is compliance with this By-law.
18.3. Every Person who contravenes any provision of this By-law, and
every Director or Officer of a corporation who concurs in such
contravention by the corporation, is guilty of an offence and is liable
to a fine, and such other penalties, as provided for in the Provincial
Offences Act, R.S.O. 1990, c.P.33, as it may be amended from time
to time.
18.4. In addition to subsection 18.3, any Person who is charged with an
offence under this By-law in accordance with Part Ill of the Provincial
Offences Act and is found guilty of the offence, is liable, in addition
to any other penalties:
(a)
If an individual, to a fine of not more than $5,000; or
(b)
If a corporation, to a fine of not more than $10,000.
18.5. No Person shall hinder or obstruct, or attempt to hinder or obstruct,
any Officer exercising a power or performing a duty under this By-
law.
18.6. Every Person who is alleged to have contravened any of the
provisions of this By-law shall identify themselves to an Officer or a
Chief Building Official upon request; failure to do so shall be
deemed to have hindered or obstructed an Officer or a Chief
Building Official in the execution of his or her duties.
18.7. Upon conviction, any penalty imposed under this By-law may be
collected under the authority of the Provincial Offences Act, R.S.O.
1990, c. P. 33, as amended.
19
18.8. If a Person is convicted of an offence under this By-law, the court in
which the conviction has been entered and any court of competent
jurisdiction may, in addition to any other remedy and to any penalty
imposed, make an order prohibiting the continuation or repetition of
the offence by the Person convicted.
18.9. With respect to the Swimming Pool Enclosure deposit in Section
11.3:
(a)
The Chief Building Official, or an Officer, may use any
amount from the deposit to cover any remedial action or
other costs incurred by the Township as a result of the
Swimming Pool Enclosure.
(b)
Deposits shall be applied to any damages or to any other
costs incurred by the Township to bring the Public Highway
or other Township Property back to its condition prior to the
event and will not be returned until after the Swimming Pool
Enclosure Permit holder is in compliance with this and other
by-laws, and other pertinent regulation.
(c)
Where the costs associated with any remedial action taken
by the Township exceed the amount of the deposit, the
Township shall issue a bill for the difference. Where the bill
is not paid in a timely manner, the billed amount shall be
considered a debt to the Township and added to the tax roll
of the Swimming Pool Enclosure Permit holder.
19.
LIABILITY
19.1. The provisions of this By-law shall not be construed as relieving or
limiting the responsibility or liability of any Person who has lawfully
or unlawfully Erected, placed, and/or Altered a Fence which has
contributed to any personal injury, including injury resulting in death
or Property damage, or from acts or omissions of such Person, or
their agents, employees or contractors, in the erection, placement
and/or alteration of a Fence.
19.2. Likewise, provisions of this By-law shall not be construed as
acceptance by the Township, its Officers, employees, or agents of
any responsibility or liability whatsoever by reason of allowing,
approving the request for, or activities related to the erection of a
Fence, granting a Fence variance or Swimming Pool Enclosure
Permit. The Township is not responsible for any damages, losses
or injuries caused by or to the erection of a Fence or Swimming
Pool Enclosure. For further clarity, the Township is not responsible
for any damages caused as a result of the Township's operations,
including, but not limited to, investigation of Fence-related
complaints or Fence inspections.
20.
SCHEDULES
20.1. The Schedules "A" and "B" appended to this By-law are incorporated
into and form part of this By-law.
20.2. Schedule "C" (Short Form Wording and Set Fines) attached hereto
does not form part of this By-law.
20
21.
CONFLICT WITH OTHER TOWNSHIP BY-LAWS
21.1. Where there is a conflict or contradiction between this By-law and
any other By-law of the Township, the provisions establishing the
more restrictive standard shall prevail.
22.
REPEAL OF OTHER BY-LAWS
22.1. The Fencing By-law 52/2007 and Fences and Gates Around
Swimming Pools By-law 30/2005, are hereby repealed and replaced.
This By-law shall come into force and effect on the date it is passed.
PASSED
this 2nd day of October, 2023.
Chris White, Mayor
~,~
Amanda Knight, Clerk
21
SCHEDULE 'A' TO BY-LAW 47-2023
SWIMMING POOL ENCLOSURE REQUIREMENTS
Height and Entrance Requirements
1. The Owner of a pool shall Erect and maintain around the pool a Fence or
wall, or a combination thereof, which shall meet the criteria as shown in
Table 'B' and the following:
(a)
A wall including the outside wall of a building may be used as one
or more sides of a Fence provided that the main entrance to the
building shall not be located in such wall. If a service entrance is
located in such a wall, it shall have a self-closing door equipped
with a self-latch device located not less than 1.22 metres
(approximately 4 feet) above the bottom of the door.
(b)
The Fence and/or wall shall be a minimum of 1.5 metres
(approximately 5 feet) in Height above the Grade of the lands with
a Single Family Residential Property and 1.8 metres
(approximately 5 feet 11 inches) above the Grade of the lands with
all other properties. The Grade of the lands for the purpose of this
section shall mean the Grade of the lands located on the outside of
the Fence located within 0.9 metres (approximately 3 feet) of the
Fence.
(c)
Notwithstanding Schedule "A" section (1 ), if a Swimming Pool
Enclosure is Erected in compliance with this provision and the
Grade of the lands that are adjacent to the Lot on which the
Swimming Pool is Erected is raised, the Swimming Pool
Enclosure shall be deemed to remain in compliance.
Table B
Minimum Height of Outdoor Swimming Pool Enclosure
Enclosure Type
Single-Family
Multiple
Non
Residential
Residential
Residential
Property
Property
Property
-
1
All Fences
1.5 m (4 ft 11 inches) 1.8 m (5 ft 10 inches) 1.8 m (5 ft 10 inches)
Materials and Standards
2. The Swimming Pool Enclosure shall be constructed by the Owner with
the following materials and standards:
(a)
A Chain Link Fence may be Erected provided that such a Fence
shall not be less than 12-gauge wire with not more than 5.0-
centimetre (approximately 2.0 inches) mesh, or other chain link of
equivalent strength with mesh not exceeding 5.0 centimetres
(approximately 2.0 inches);
(b)
A Wood Board Fence or Wrought Iron Fence may be Erected
provided that such Fence meets the following criteria:
i.
Vertical boards or iron bars shall not be placed more than 10
centimetres (approximately 4 inches) apart.
ii.
Vertical boards shall be of not less than 1.90 centimetres by
8.90centimetre (approximately 1 inch by 4-inch lumber) and
22
shall be attached to rails that are not less than 3.8
centimetres by 8.9 centimetres (approximately 2 inches by 4-
inches) in size.
iii.
The rails of vertical boards shall be supported on posts that
are a minimum dimension of 10.0 centimetres (approximately
4 inches) spaced not more than 2.4 metres (approximately 8
feet) apart and horizontal rails less than 1.2 meters
(approximately 4 feet) apart and embedded to a minimum
Depth of 0.60 metres (approximately 2 feet) below Grade.
(c)
A glass Swimming Pool Enclosure may be Erected provided that
such Fence meet the following criteria:
i.
Glass panels shall be located so there is no opening of more
than 3.8 centimetres (approximately 1.5 inches) between the
panel and the post where horizontal elements are spaced
less than 1.2 metres (approximately 4 feet) apart, and not
more than 10.0 centimetres (approximately 3.9 inches) apart
where horizontal elements are spaced more than 1.2 metres
(approximately 4 feet) apart;
ii.
Horizontal elements shall be supported on posts that are
spaced not more than 2.4 metres apart (approximately 8
feet), securely fastened to the ground and structurally sound
or an alternative design created and certified by an engineer
to the satisfaction of the Township.
iii.
The Swimming Pool Enclosure meets Canadian General
Standards Board (CAN/CGSB) standards, including
CAN/CGSB-12.1-M Glass standards for Tempered or
Laminated Safety Glass or Wired Safety Glass, or successor
standards, to the satisfaction of Township staff.
(d)
A metal picket Fence used in a Swimming Pool Enclosure shall
be constructed as follows:
i.
Vertical pickets shall be spaced not more than 3.8
centimetres apart where horizontal rails are spaced less than
1.2 metres (approximately 4 feet) apart and not more than
10.0 centimetres apart where horizontal rails are spaced at
least 1.2 metres (approximately 4 feet) apart; and
ii.
Horizontal rails shall be supported on posts that are spaced
not more than 2.4 metres apart, securely fastened to the
ground and structurally sound.
(e)
A masonry wall that is not a part of a building and is used in a
Swimming Pool Enclosure is as follows:
i.
The wall shall present a minimum 1.5-metre (approximately 5
feet) Non-Climbable surface to the exterior of the enclosed
area.
ii.
It shall be constructed of a minimum double course brick or
single course concrete block with a minimum width of 20.0
centimetres, and securely attached to a minimum 1.5-metre
(approximately 5 feet) deep concrete foundation.
iii.
Where the wall abuts a building or gate there shall be no
opening between the wall and the building or gate which
23
exceeds 3.8 centimetres where there are horizontal elements
less than 1.2 metres (approximately 4 feet) apart, or which
exceeds 10.0 centimetres where there are no horizontal
elements or where horizontal elements are in excess of 1 .2
metres apart.
(f)
Other forms of Swimming Pool Enclosures may be Erected
provided that they are constructed to be similarly Non-Climbable
and provide an equivalent degree of safety, such that for the first
1.5 vertical metres (approximately 5 feet) of the Swimming Pool
Enclosure, as measured from Grade upwards must meet the
following applicable conditions:
i.
Any Swimming Pool Enclosure of chain link construction,
has mesh not greater than 5.0 square centimetres
(approximately 2.0 square inches) for a minimum of 1.5
metres (approximately 5 feet) vertically;
ii.
no horizontal opening or step is greater than 3.8 square
centimetres (approximately 1.5 square inches) in width for
1.2 metres (approximately 4 feet) vertically, or where
horizontal components are a minimum of 1.5 metres
(approximately 5 feet) apart, there shall be no opening
greater than 10.0 centimetres (approximately 4 inches);
iii.
any diagonal components, such as a lattice Fence, the
maximum opening formed by the diagonal members should
be no more than 5.0 square centimetres (approximately
square 2.0 inches) for a minimum of 1.5 metres
(approximately 5 feet) from Grade;
Requirements - Swimming Pool Enclosure Gates
3. The Owner is required to all gates in the Swimming Pool Enclosure
shall meet the following requirements:
(a)
It shall be constructed of similar fencing material as the Swimming
Pool Enclosure or of a material of equivalent or greater strength,
and shall adhere to Section 2 based on the type of Fencing used or
approved for enclosure.
(b)
It will have an equivalent degree of safety as the supporting
Swimming Pool Enclosure.
(c)
It shall comply with the Height requirements for the Swimming
Pool Enclosure.
(d)
It shall be supported by hinges and be equipped with self-closing
and self-latching devices on the inside of the Gate at a point not
less than 1.5 metres (approximately 5 feet) in Height.
i.
All automatic closing devices and their power backup
systems shall be in compliance with the applicable product
and installation standards of the Canadian Standards
Association.
(e)
Shall be constructed so that there shall not be a projection, rail,
attachment or bracing that will facilitate climbing thereof from the
outside.
(f)
Shall be kept closed and locked at all times.
24
(g)
The bottom of the gate shall be located not more than 5.0
centimeters (approximately 2 inches) above Grade at any point.
Lockable Cover
4. If a Swimming Pool has a lockable cover, it shall comply with the
following requirements:
(a) The Owner must close and lock the cover when the Pool area is not in
active use.
(b) The cover shall be able to support a minimum of one adult person's
body weight or approximately a minimum of 220 pounds (100
kilograms) weight.
(c) The Owner shall supply the Township with manufacturer
specifications of the lockable cover, which shall be subject to an
inspection and approval by the Township.
25
Sight Line TriMtgle
(SH d@tail b!HOW}
Rear of
bultd/ng
midpoint
ofhouu
Driveway
3
CD
SCHEDULE 'B' TO BY-LAW NO. 47/2023
FENCE REGULATIONS
House
House
Property Im@
2.5m max.
Q)
House
House
House
CD
" (D
i
~
~
f @
I
4m
3
.11111-·
CD
@)
CD
P'top~i1'frll'11 timJ
AREA 1:
- 10ime/r!}s{3foc1. 6mclms} maxim11m fom;vJ
hei!}llf
ARE.A 2:
-
1.9m<P!lfJS {5ft.>el, 2 inches/ m,1x,nmm 11:mcv
l1c19hl ,1bovo offoclwc, grocimi lo v,:,,'
ARE.A J:
- 2 5 moires ( 8 rrx,1. 2 111ctios} ma-,mum fonca
hetgh/ J/l Ille ll:18( 'f'illd
- 2. 5 metros ( 8 feet. 2 mc:JwJs) 1mu imam fvrK"1f
h,n,Jl'II 111 the exterior s1dt1 yard /longest slte,1/
fronUtfJ(! 011 n comf'it lot) frorn me .'tlldpomt cf
tho hoos;, to /hf1 mar pn,1>()1ff lill<1. TluJ r,mct,
must bi~ b,;cl< 4 meftt1s ( 13 r~t r mch) from /Im
pro1:,..ert)'.l'str,,f'!/ lme from the mtdpoi,,t o-f the
house to me roar lot Im&,
AREA 4:
- nor mow //)Ml 0. 8m / 2 (et!'/. 7 ,nclws} atxivo lfl1}
{fllVOlled 0{)1110'1 or /hf:) 8/)!!fffl)Q Sfref'IS
26
Siffllwidk
0.8m (2 fHt 7 lnchf!s) In
GMC/'111 DrivOWII'/ Sight LIM Trlangkt Dilwl
.... 'f
'i
\I) f
I
Rear of
building
midpoi,tt
OfhOuMI
SCHEDULE 'C' TO BY-LAW NO. 47/2023
THE TOWNSHIP OF GUELPH/ERAMOSA
PART 1 PROVINCIAL OFFENCES ACT BY-LAW 47/2023: FENCING BY-LAW
A By-law to Regulate Fences, and Swimming Pool Enclosures in The Township
of Gueloh/Eramosa
Item#
Short Form Wording
Provision Creating
Set Fine
or Definina Offence
1
Fail to maintain fence free of deterioration.
Section 4.5
$300.00
2
Fail to maintain fence in a structurally sound condition.
Section 4.6(a)
$300.00
3
Fail to maintain fence in a qood state of repair.
Section 4.6(b)
$300.00
4
Fail to maintain fence free from cracks, missing, broken or Section 4.6(b)
$300.00
waroed components.
5
Fail to maintain fence free from hazards.
Section 4.6(d)
$300.00
6
Fail to maintain fence free from posters, signs, notices or
Section 4.6(e)
$300.00
advertisina materials.
7
Fail to maintain fence in a plumb condition.
Section 4.6(f)
$300.00
8
Fail to maintain fence in uniform appearance.
Section 4.6(a)
$300.00
9
Fail to maintain fence to prevent an unsiqhtly appearance. Section 4.6(h)
$300.00
10
Own, construct, erect, maintain or keep a Fence in
Section 6.1
$500.00
contravention of the Bv-law
Own, construct, erect, maintain or keep a Fence in a
11
manner that impedes, or obstructs or alters the flow of
Section 6.2
$500.00
water drainaae
12
Own, construct, erect, maintain or keep a Fence not
Section 6.3
$500.00
constructed of durable materials
13
Own, construct, erect, maintain or keep a Fence not
Section 6.3
$500.00
suitable for its intended use.
14
Own, construct, erect, maintain or keep a Fence not
Section 6.3
$500.00
capable of suooortinq the intended structural loads.
15
Erect a fence on a municipal road allowance without
Section 6.4
$500.00
permission.
Own, construct, erect, maintain or keep a Fence used as a
16
support for another structure exerting lateral force against Section 6.5
$500.00
that fence.
Own, construct, erect, maintain or keep a Fence used as a
17
support for another object exerting lateral force against
Section 6.5
$500.00
that fence.
18
Use barb wire or barbed or sharp materials in the erection Section 6.6
$500.00
or construction of a fence.
19
Permit a fence or attachment to a fence as a conductor of Section 6.7
$500.00
electrical current.
20
Erect a fence where a maintenance easement exists
Section 6.8
$500.00
21
Erect or maintain a fence constructed with plywood,
Section 6.9
$500.00
railway ties, scrap or hazardous material
22
Construct a fence over a drainage easement or
Section 6.10
$500.00
watercourse without adequate drainaoe
23
Erect a division fence qreater than 20.0 cm wide
Section 6.12
$500.00
24
Erect, own or maintain a fence of sheet metal, corrugated
Section 6.13
$500.00
metal panels or materials not used for permanent fencina.
25
Install a qate in a fence adjacent to a park.
Section 6.14
$300.00
27
Item#
Short Form Wording
Provision Creating
Set Fine
or Defining Offence
26
Erect, construct or maintain a fence that exceeds the
Section 7.1
$500.00
maximum heiqhts in Table A.
27
Excavate or erect, or cause or allow excavation for the
Section 11.1
$500.00
erection of a swimminq oool without a permit.
28
Use a retaining wall as a swimming pool enclosure
Section 11.2
$500.00
29
Fail to erect a temporary fence prior to excavation or
Section 11.3
$500.00
erection related to a swimminq pool
30
Place water in an outdoor swimming pool without an
Section 11.8
$500.00
aooroved swimminq pool enclosure.
31
Fail to comply with an order issued under Section 12.1
Section 12.2
$800.00
32
Hinder, obstruct, or attempt to hinder or obstruct an
Section 18.5
$900.00
officer.
33
Fail to identify to an Officer
Section 18.6
$900.00
NOTE: The general penalty provision for the offences indicated above is Section
18.3 of By-law no. 47/2023, a certified copy of which has been filed.
28