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OFFICE CONSOLIDATION
FENCE BY-LAW
BY-LAW NUMBER 119-05
Passed by Council on November 28, 2005
Amendments:
By-Law Number
Date Passed
Section Amended
55-07
April 23, 2007
Delete Private Swimming
Pool Definition and
Section 3.5
106-07
July 9, 2007
To add Privacy Screen &
Variance Sections
Note:
This consolidation is prepared for convenience only. For
accurate reference, the original by-laws should be reviewed.
Fence By-Law No. 119-05
Section 1
Definitions
Section 2
General Provisions
Section 3
Fences on Residential Properties
Section 4
Privacy Screen
Section 5
Fences on Industrial/ Commercial Properties
Section 6
Hazardous Fences
Section 7
Highways and other Public Lands
Section 8
Fence Variance
Section 9
Maintenance
Section 10
Administration and Enforcement
Section 11
Penalties
Section 12
Repeal of By-Laws
Section 13
Severability
Section 14
Short Title
Section 15
Effective Date
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THE CORPORATION OF THE TOWNSHIP OF SCUGOG
BY-LAW NUMBER 119-05
BEING A BY-LAW TO PRESCRIBE THE HEIGHT AND
DESCRIPTION OF LAWFUL FENCES AND TO REQUIRE
THE MAINTENANCE THEREOF.
WHEREAS Section 11(1) of the Municipal Act, S.O. 2001, c.25
authorizes municipalities to pass By-Laws for prescribing the height and
description of lawful fences; for determining how the cost of division fences
shall be apportioned, and providing that any amount so apportioned shall
be recoverable under the Provincial Offences Act.
NOW THEREFORE the Council of The Corporation of the Township of
Scugog enacts as follows:
DEFINITIONS
Section 1. In this By-Law:
a)
"Barbed Wire" means Fence wire with twisted wire spikes along it's
length,
b)
Chief Building Official" means the officer employed by the
Corporation of the Township of Scugog as is appointed under the
Building By-Law and shall include any inspector likewise appointed;
c)
"Council" means the Council of the Corporation of the Township of
Scugog;
d)
"Corner Lot" means a Lot situated at the intersection of two or more
streets having an angle of intersection of not more than one hundred
a thirty-five degrees (135);
e)
"Day Lighting Triangle" shall mean an area free of building or
structures, which area is to be determined by measuring from the
point of intersection of Street Lines on a Corner Lot, the distance of
9 m ( 30 feet) along each Street Line and joining such points with a
straight line. The triangular shaped land between the intersecting
Street Lines and the straight line joining the points within the required
distance along the Street Lines is the Day Lighting Triangle;
f)
"Design Criteria" means the Design Criteria, established by Council
for Subdivision Development and other Site Plans as described in By-
Law 38-03 its amendments or any of its successor By-Laws or
amendments.
g)
"Division Fence" means a Fence marking a boundary between
adjoining parcels of land, not under common ownership;
h)
"Electrical Fence" means a Fence through which electricity passes;
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i)
"Erect" includes alter, construct, place, locate, install or relocate;
j)
"Fence" includes a railing, wall, hedge, line of posts, shrubs, wire,
gate, boards or other similar substances, used to enclose or divide
in whole or in part a yard or other land or to establish a property
boundary, but does not include a line of trees, of which the bases are
more than 1 meter (3 feet) apart;
k)
"Front Lot Line" means, in the case of an interior Lot, the line that
divides a Lot from the street. In the case of a Corner Lot, the shorter
Lot line abutting a street or private right-of-way 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;
l)
"Good state of repair" means:
i)
the enclosure is complete and in a structurally sound condition
and plumb and securely anchored,
ii)
where required, protected by weather-resistant materials,
iii)
enclosure components and hardware are not broken, rusted,
rotten or in a hazardous condition,
iv)
all stained or painted enclosures are maintained free of
peeling,
v)
the enclosure does not present an unsightly appearance
deleterious to abutting land or to the neighborhood.
m)
"Grade" means the surface of the Grade below a Fence at each
location where a structural support is imbedded in the ground;
n)
"Highway" includes a common and public Highway, street, avenue,
driveway, 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 lines thereof;
o)
"Lot" means any parcel of land which can be alienated or otherwise
disposed of apart from any abutting lands, whether or not such Lot is
described in a registered deed or shown on a registered plan of
subdivision;
p)
"Municipal Law Enforcement Officer" means a Municipal Law
Enforcement Officer appointed to enforce the By-laws of the
Township of Scugog;
q)
"Owner" means the Owner of land as identified by the most current
tax assessment roll and shall include any Person acting on his behalf
or as his agent in respect of such land;
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r)
"Person" includes a Person as defined in accordance with The
Interpretation Act, R.S.O. 1990, as amended;
s)
"Privacy Screen" means a visual barrier used to shield any part of a
yard from view from any adjacent parcel of land or any highway;
t)
"Rear Lot Line" means the lot line farthest from and opposite the
Front Lot Line;
u)
"Street Line" means the limit of the street or road allowance and is
the dividing line between a Lot or block and a street or road;
v)
"Township" means the Corporation of the Township of Scugog;
w)
"Work" means to construct, reconstruct, maintain or repair a Division
Fence;
x)
"Yard" means any open, uncovered and unoccupied space
appurtenant to a building; and
a)
"Exterior side yard" means a side yard of a Corner Lot between
the Street Line, or a 0.3m (1 foot ) reserve held by the
Township that abuts the Street Line, and the nearest main wall
or part thereof of the main building or structure on the Lot;
b)
"Front yard" means a yard extending across the full width of the
Lot between the Front Lot Line and the nearest wall or part
thereof of the main building or structure on the Lot;
c)
"Interior side yard" means a side yard other than an exterior
side yard;
d)
"Rear yard" means a yard extending across the full width of the
property between the Rear Lot Line and the nearest wall of the
main building or structure;
e)
"Side yard" means a yard extending from the front yard to the
rear yard and from the side lot line and the nearest wall or part
thereof of the main building or structure on the Lot.
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GENERAL PROVISIONS
Section 2
2.1
No Person shall Erect or cause to be Erected in a front Yard on any
property, a Fence which is higher than 1.2 meters (4 feet) above
Grade.
2.2
No Person shall Erect or cause to be Erected in a side Yard or rear
Yard on any residential property, a Fence which is higher than two (2)
meters (6.5 feet) above Grade.
2.3
No Person shall Erect or cause to be Erected any Fence, shrub, plant
or other structure or object within a Day Lighting Triangle, where such
Fence, shrub, plant or other structure or object is higher than .75
meters (2.5 feet) above finished Grade of any street it borders.
2.4
No Person shall Erect, cause to be Erected, permit or maintain a
Fence, shrub, plant, structure or any object which, by reason of
location or design, obstructs the vision of drivers, either when leaving
a roadway or when entering a roadway from another roadway or
private driveway, or which obstructs or detracts from the visibility or
effectiveness of any traffic sign or control device on a public street or
which, for any other reason, constitutes a hazard.
2.5
All new development in Commercial and Industrial Zoned properties,
as described by the Township of Scugog Zoning By-law shall require
Site Plan Approval prior to any fence being erected on such property.
2.6
No Person shall Erect or cause to be Erected in a side Yard or a rear
Yard on any commercial or industrial property, as defined in the
Township's Zoning By-law, a Fence which is higher than 3.048
meters (10 feet) above Grade.
2.7
No Person shall Erect or cause to be Erected a Fence containing
Barbed Wire or any other fencing designed or manufactured to inflict
injury to any Person, on any lands within the Township except as
provided for in Section 6 of this By-Law.
2.8
No Person shall Erect or cause to be Erected an Electrical Fence on
any lands within the Township except as provided for in Section 6 of
this By-Law.
2.9
An electrical animal containment system buried under ground, where
the contained animal wears a form of transmitter to activate an
electrical charge is not a Fence.
2.10 No Person shall Erect or cause to be Erected a Fence on any public
land owned by the Township or on any Highway without the written
approval of Council or other government agency authority.
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2.11 Not withstanding the provisions of this By-law, all Fences must
conform with any and all provisions of the Zoning By-law and the
conditions set out by the Zoning By-law shall prevail.
2.12 Not withstanding the provisions of this By-law, all Fences Erected
prior to the passing of this By-law and continually maintained, which
do not conform with this By-law shall be deemed as legal non
conforming.
2.13 Any divisional Fence that is required to be replaced, in whole or in
part, shall be brought into conformity with the provisions of this By-
law.
2.14 Notwithstanding the provisions of this By-law, the Zoning By-law or
any Site Plan Agreement, all Fences Erected within the Township
shall conform to established community standards and shall meet
Design Criteria as adopted by the Township and shall not detract
from the appearance of any property within the community.
FENCES ON RESIDENTIAL PROPERTIES
Section 3
3.1
All Fences Erected in a front Yard shall be constructed of such
material or in such manner as to permit the passage of light.
3.2
Section 2.2 shall not apply where the Fence is:
a)
erected and used to enclose or delineate an area required for
and lawfully used as a tennis court, provided the Fence is of
chain link construction;
b)
a noise control barrier Erected by or as a requirement of a
government agency acting pursuant to statutory authority; or
c)
located on land abutting land used for industrial or commercial
purposes or utility installations;
3.3
Where a rear Yard of a Lot is adjacent to the front Yard of another
Lot, Section 2.2 shall apply.
3.4
In the case of a Corner Lot where the larger usable Yard is located
in the interior side Yard rather than the rear Yard, as defined herein,
a Fence on that portion of the front Yard adjacent to the interior side
Yard may be two (2) meters above Grade in height.
PRIVACY SCREEN
Section 4
4.1
No person shall erect, or cause to be erected, a privacy screen in a
front yard.
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4.2
No person shall erect, or cause to be erected, a privacy screen in a
side or rear yard except in accordance with the following provisions:
a)
the privacy screen is located at least 1.2 metres (4 feet) from
any side or rear lot line;
b)
the privacy screen is no more than 2.44 metres (8 feet) in
heights; and
c)
the lateral length of the privacy screen is no more than 6
metres (20 feet) in length.
FENCES ON COMMERCIAL & INDUSTRIAL PROPERTIES
Section 5
5.1
Where a commercial or industrial property abuts a residential
property, as defined in the Township's Zoning By-law, the maximum
permitted height of a Fence shall be 3.048 meters (10 feet) above
Grade.
5.2
Section 2.5 shall not apply where the Fence is a noise control barrier
Erected by or as a requirement of a government agency acting
pursuant to statutory authority.
HAZARDOUS FENCES
Section 6 .
6.1
Properties located within an M1, M2 or M3 zone, as defined in the
Township's Zoning by-law, shall be exempt from Section 2.7
provided that the Barbed Wire is installed at the top of the Fence and
that the Barbed Wire projects inwards to the area enclosed by the
Fence and provided that it complies with the outside storage
requirements of the Township's Zoning By-law.
6.2
Section 2.7 shall not apply to lands within a RU zone, as defined in
the Township's Zoning By-law, provided it is used in conjunction with
an active farming operation.
6.3
Section 2.8 shall not apply to lands located within a RU zone, as
defined in the Township's Zoning By-law, provided it is used in
conjunction with an active farming operation. The maximum electrical
current shall not exceed 120 volts at .04 amps and it shall comply
with The Energy Competition Act, S.O. 1998, and the regulations
thereunder, as amended, from time to time. The Fence shall be
sufficiently signed as to warn neighboring residential use properties,
of a potential safety hazard.
6.4
Wood Lot or wetland properties within the Township, where Fence
construction is difficult, may be exempt from Section 2.7 and may
Erect Barbed Wire along the Fence line provided there is mutual
consent of all adjoining property Owners.
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The Township shall be informed by letter of any mutual agreement
and it shall be signed by all involved property Owners prior to any
Erection of said Barbed Wire.
6.5
Fence wire, commonly known as "Razor Wire, Ribbon Wire and Anti-
personnel Wire", and any other fencing designed or manufactured to
inflict injury to any Person is strictly prohibited.
HIGHWAYS AND OTHER PUBLIC LANDS
Section 7
7.1
A Fence separating land owned by the Township from other land
shall be constructed in accordance with the specifications contained
in a Site Plan Agreement and it is constructed with an equivalent
degree of stability and that safety and durability is maintained. The
Fence shall conform to the Design Criteria and Standards of the
Township of Scugog.
7.2
A Fence Erected as a noise control barrier shall be maintained by the
Owner of the land on which the Fence is Erected and shall be of the
same construction provided the material is available.
7.3
A gate Erected in a Fence, separating land owned by the Township
from other land, shall not reduce the degree of stability, safety and
durability of the Fence.
FENCE VARIANCE
Section 8
8.1
Any person, being the occupier or owner of land in the Township of
Scugog, may apply to the Municipal Law Enforcement Officer for
permission to exceed any of the requirements set out in this By-Law,
and if the Officer is satisfied that the proposed application is
reasonable and does not contravene the purpose and intent of the
provisions of this By-Law, then the Officer may grant such
permission, in whole or in part, conditionally or unconditionally, as is
deemed advisable.
8.2
Any person submitting an application pursuant to subsection 8.1 or
subjection 8.4 shall supply to the Township:
a)
a completed application form;
b)
a site plan including:
- north arrow
- drawing scale
- location of fence
- existing/proposed structures
c)
any other relevant information and/or documents requested.
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8.3
The Municipal Law Enforcement Officer shall render the decision with
respect to any application made pursuant to the provisions of
subsection 8.1 within 14 days of receipt of the application and shall
forward written notice of the decision to the applicant by prepaid
ordinary mail, together with notice of the applicant's right to appeal
the Officer's decision to the Council of the Township of Scugog
pursuant to subsection 8.4 hereof.
8.4
Any person who has made an application pursuant to the provisions
of subsection 8.1 and who has received notice of the decision of the
Municipal Law Enforcement Officer pursuant to the provisions of
subsection 8.2 shall have the right to appeal to the Council of the
Township of Scugog from the decision of the Officer.
8.5
An appeal shall be in writing, addressed to the Town Clerk and
received no later than 21 days after the date of the Officer's decision
as indicated on the notice of decision.
8.6
Each Variance will be examined and a decision rendered on its own
individual merit and shall not set precedent.
8.7
Any person who has been granted approval in accordance with this
By-Law shall contact the Municipal Law Enforcement Officer to
arrange for an inspection at the commencement and conclusion of
the work, and shall request such further inspection as may be
required.
MAINTENANCE
Section 9
9.1
The Owner of the land on which a Fence is Erected shall maintain
such Fence in a Good State of Repair.
9.2
For the purpose of this By-law "Good State of Repair" shall mean:
a)
the Fence is complete and in a structurally sound condition and
plumb and securely anchored;
b)
protected by weather-resistant materials;
c)
all painted or stained Fences are free from peeling; and
d)
that the Fence does not present an unsightly appearance
deleterious to abutting land or to the neighborhood.
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9.3
The Owner or occupant of any Fence or the agent or employee of
such Owner or occupant has the right to enter any adjoining land for
the purpose of making repairs, alterations or improvements to such
Fence but only to the extent necessary to effect such repairs,
alterations or improvements.
A Person exercising the power of entry must display or, on request,
produce proper identification. The Owner or occupant shall provide
reasonable notice of the proposed entry to the occupier of the
adjoining land. The Owner or occupant of land shall, in so far as it is
practicable, restore the adjoining land to it's original condition and the
Owner or occupant shall provide compensation for any damages
caused by the entry or by anything done on the adjoining land.
9.4
Any Fence constructed, reconstructed or repaired within an area
designated as a heritage conservation district, pursuant to Part V of
the Ontario Heritage Act, is subject to all requirements of obtaining
a permit pursuant to such legislation.
9.5
If any part of this By-Law conflicts with any Provincial or Federal
Statute, the provisions that are the most severe shall prevail and
where this By-Law conflicts with provisions of By-Law Number 60-74,
The Pool By-Law, provisions of this By-Law shall prevail.
ADMINISTRATION AND ENFORCEMENT
Section 10
10.1 The Municipal Law Enforcement Officer shall be responsible for the
Administration and Enforcement of this By-law except whereas
otherwise specified in this by-law.
10.2 The Chief Building Official shall be responsible for the Administration
and Enforcement of Section 2.5 of this By-law .
PENALTIES
Section 11
11.1 Any Owner who contravenes any provision of this by-law is guilty of
an offence and upon conviction is liable to a fine or penalty for each
offence, exclusive of costs as prescribed by the Provincial Offences
Act, R.S.O. 1990
REPEAL OF BY-LAWS
Section 12
12.1 By-law Numbers 90-79 and 55-00 are hereby repealed.
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SEVERABILITY
Section 13
13.1 If a court of competent jurisdiction should declare any section of this
By-law, or part thereof, to be invalid, such section or part of a section
shall not be constructed as having persuaded or influenced Council
to pass the remainder of this By-law as having being invalid and is
hereby declared that the remainder of the By-law shall be valid and
shall remain in force.
SHORT TITLE
Section 14
14.1 The short Title of this By-law shall be "The Fence By-law".
DATE EFFECTIVE
Section 15
15.1 This By-law shall come into effect on the day of passing.
Read a First, Second and Third time and finally passed this 28th day of
November, 2005.
(Signed) Marilyn Pearce
MAYOR, Marilyn Pearce
(Signed) Kim Coates
CLERK, Kim Coates
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