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1
THE CORPORATION OF THE TOWNSHIP OF SEVERN
BY-LAW NO. 2025-68
BEING A BY-LAW FOR THE REGULATION OF FENCES WITHIN THE TOWNSHIP
OF SEVERN
WHEREAS Section 8 of the Municipal Act, S.O. 2001, (hereinafter referred to as the
"Municipal Act") provides that the powers of a municipality under the Municipal Act or
any other Act shall be interpreted broadly so as to confer broad authority on the
municipality to enable the municipality to govern its affairs as it considers appropriate
and to enhance the municipality's ability to respond to municipal issues;
AND WHEREAS Section 9 of the Municipal Act provides that a municipality has the
capacity, rights, powers and privileges of a natural person for the purpose of exercising
its authority under the Municipal Act or any other Act;
AND WHEREAS Section 11 of the Municipal Act provides that a lower-tier municipality
may pass by-laws respecting matters within the spheres of jurisdiction set out therein
including, among other things, fences;
AND WHEREAS pursuant to Section 425 of the Municipal Act, a municipality may pass
by-laws providing that a person who contravenes a by-law of the municipality passed
under this Act is guilty of an offence;
AND WHEREAS pursuant to Section 426 of the Municipal Act, no person shall hinder or
obstruct, or attempt to hinder or obstruct, any person who is exercising a power or
performing a duty under this Act or under a by-law passed under this Act;
AND WHEREAS pursuant to Section 436 of the Municipal Act, the municipality may
enter upon any land at any reasonable time for the purpose of carrying out an
inspection to determine compliance with this by-law;
AND WHEREAS pursuant to Section 446(1) of the Municipal Act, a municipality may
direct or require a person to do a matter or thing and that, in default of it being done by
the person directed or required to do it, the matter or thing shall be done at the person's
expense;
AND WHEREAS pursuant to Section 446(3) of the Municipal Act, a municipality may
recover the costs of doing a matter or thing under subsection (1) from the person
directed or required to do it by action or by adding the costs to the tax roll and collecting
them in the same manner as property taxes;
AND WHEREAS the Council of The Corporation of the Township of Severn deems it
expedient to pass a by-law regulating fences;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
SEVERN ENACTS AS FOLLOWS:
1.
SHORT TITLE
1.1
This By-law may be referred to as the Fence By-law.
2.
DEFINITIONS
2.1
Adjacent means directly abutting.
2.2
Agricultural Zone means an agricultural zone as designated in the Zoning
By-law.
2.3
Building means a structure having a roof supported by columns or walls
or supported directly on the foundation and used for the shelter or
accommodation of persons, animals or goods.
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2.4
Closed Construction means solid brick, solid concrete, continuous steel
panels, translucent panels, or abutting wooden boards forming "privacy"
fencing.
2.5
Community Facilities means properties used with the primary purpose of
serving the educational, health and social needs of the community
including, but not necessarily limited to, educational facilities, places of
worship, hospitals, health care and social service agencies, childcare and
elder care facilities, libraries, public auditoria, fire stations, police stations,
recreation facilities, cemeteries and federal, provincial and municipal
government facilities.
2.6
Corner Lot means a lot situated at the intersection of and abutting upon
two (2) or more streets, or at the intersection of a street and a rail right-of-
way, or upon two parts of the same street, the adjacent sides of which
street or streets have an angle of intersection not more than 135 degrees.
In the event of a curved corner, the corner of the building lot shall be that
point on the lot line abutting a street nearest to the point of intersection of
the said tangents.
2.7
Council means the Municipal Council for The Corporation of the
Township of Severn.
2.8
Defacement means to spoil or mar the exterior surface of a fence by
drawing, inscribing or painting letters, pictures, illustrations, graffiti or other
visible markings onto the fence. This definition is not intended to prevent
or preclude the painting or staining of the exterior surface of a fence in a
solid and uniform stain or colour.
2.9
Director of Corporate Services/Clerk means the Director of Corporate
Services/Clerk of the Corporation of the Township of Severn, or their
designate.
2.10 Driveway Visibility Triangle means a triangular area formed within a lot
by the intersection of a driveway line and a highway or street line or the
projections thereof and a straight line connecting them 4.57 metres from
their point of intersection.
2.11 Electrical Fence means a fence through which electricity passes.
2.12 Erect includes the alteration, construction, placement, relocation or
installation of any fence or significant portion thereof.
2.13 Exterior Surface means the side of the fence facing away from the
owner's property, or if one exists, away from the primary building or
structure on the lot.
2.14 Fence means any wall, barrier or free-standing barricade, other than a
building, which has been erected as a means to enclose, separate,
provide privacy or divide, in whole or in part, a property, yard or other land.
The Township does not include a retaining wall or trees, including
hedging, in the definition of a fence.
2.15 Gate means any swinging or sliding barrier used to fill in or close an
access in a fence.
2.16 Good repair means good working order and maintained in such a
condition so as to be free from any malfunction, danger or hazard and not
unsightly by reason of deterioration, damage or defacement or unfinished
exterior.
2.17 Grade means the average elevation of the finished surface of the ground
adjoining a fence, exclusive of any artificial embankments or berms.
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2.18 Hazardous Material means any substances or materials that, by reason
of their toxic, caustic, corrosive, abrasive or otherwise injurious properties,
may be detrimental or deleterious to the health of any person handling or
otherwise coming into contact with such material or substance and, for the
purposes of this By-law, includes, but is not limited to, the following
materials: razor wire, barbed wire or any other sharp projections attached
to a fence, or electrical fences carrying a voltage of more than 12 volts.
2.19 Hedge means a continuous row of bushes or small trees planted close
together, usually along the edge of a field, yard, or road.
2.20 Height means the vertical distance, measured between the finished grade
and the highest horizontal surface forming the top of the fence.
2.21 Lot means:
2.21.1 A parcel of land:
i.
The whole of which can be legally conveyed without
approval pursuant to the Planning Act, as amended; and
ii.
No part of which can be transferred without such an
approval; and
iii.
Which is not described in a registered condominium
description; or
2.21.2 Two or more parcels of land that are:
i.
Deemed to be one lot by the Township Zoning By-law, as
amended; or
ii.
Required to be transferred together by agreement made
pursuant to the Planning Act, as amended; or
2.21.3 The whole of a parcel of land described in a description registered
under section 2 of the Condominium Act, 1998, S.O. 1998, c. 19,
except:
i.
In a vacant land condominium, a unit shall be deemed to be
one lot; and
ii.
In the case of a resort commercial land use that includes
associated accommodation units within one or more
condominium descriptions that share central management
and resort amenities on one contiguous area of land, the
entire land area of the resort commercial establishment shall
be deemed to be one lot.
2.22 Lot Line means the boundary of a lot or its vertical projection.
2.23 Non-Residential Property means all lands in which the primary use is not
for human habitation.
2.24 Officer means an employee of the Township of Severn appointed to
enforce by-laws and policies adopted by the Township including but not be
limited to Property Standards Officers, Municipal Law Enforcement
Officers, Police Officers, and Building Inspectors.
2.25 Open Construction means that there exists a space or open area
between fence components to allow for visibility of objects on the other
side. This includes the open areas of chain link fences and
horizontal/vertical spaces in wooden fences provided the open spaces
are: a minimum of 3.8 centimeters gauge for chain link fencing or 10
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centimeters for wood construction fencing. This may also include wrought-
iron or cedar rail fences.
2.26 Owner means the person who holds registered title to a piece of property
and includes a trustee acting on behalf of the registered owner, the estate
of a registered owner, a person with a leasehold interest in the land or the
duly authorized agent of any such owner. Such agents include all persons
involved in the installation of, excavation for, or erection of a fence.
2.27 Person means any human being, association, firm, partnership,
incorporated company, corporation, agent or trustee and includes the
heirs, executors or other legal representatives of that person.
2.28 Planning Act means The Planning Act, R.S.O. 1990, c. P.13.
2.29 Pool means a body of water or an area which is designed to contain an
body of water, more than 0.6 metres in depth at any point or more than
500 litres of water, be used for swimming, bathing, wading or ornamental
purposes, and includes a structure for such purposes that is located at,
below or above ground level, but does not include a natural body of water
or stream.
2.30 Public Authority means any federal, provincial, district or municipal
agency, and includes any commission, board, authority, or department
established by such agency.
2.31
Residential Property means all lands in which the primary use is for
human habitation.
2.32
Rural Zone means a rural zone as designated in the Zoning By-law.
2.33
Sight Triangle means a triangular area formed within a corner lot by the
intersecting lot lines abutting the streets or the projections thereof and a
straight line connecting them 7.62 metres from their point of intersection.
Where the two street lines do not intersect at a point, the point of
intersection of the two street lines shall be deemed to be the intersection
of the projection of the street lines or the intersection of the tangent to the
street lines.
2.34
Sport Court means a designated, enclosed area where a game is played.
2.35
Street means a public thoroughfare for vehicular and/or pedestrian traffic,
which is assumed and maintained by or under the jurisdiction of the
Province of Ontario, County of Simcoe or the Township of Severn.
2.36
Street Line means the limit of the street or road allowance as the dividing
line between a lot and a street or road.
2.37
Structure means anything that is erected, built or constructed or parts
joined together and permanently located on or in the ground or attached to
any other structure permanently located on or in the ground. Structural
development shall include new buildings, additions, enlargements, septic
tanks and leaching beds.
2.38 Township means the Corporation of the Township of Severn.
2.39 Zoning By-law means the Townships Zoning By-law, as amended.
2.40 Yard means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, 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
Townships Zoning By-law, as amended. More specifically:
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2.40.1 Exterior Side Yard means a side yard immediately adjacent to a
street line, as defined within the Zoning By-law.
2.40.2 Front Yard means the portion of the lot extending across the full
width of the lot between the front lot line, as defined within the
Zoning By-law, as amended, and the nearest wall of any building or
structure on the lot for which there is a required yard. Clerical Note:
Please note that in Shoreline areas, the "Front Yard" as per the
Township's Zoning By-law is deemed to be the lands from the
dwelling to the waterfront.
2.40.3 Rear Yard means that portion of the lot extending across the full
width of the lot between the rear lot line, as defined within the
Zoning By-law, as amended, and the nearest wall of any building or
structure on the lot for which there is a required yard.
2.40.4 Required Yard means the minimum yard required by the
provisions of the Zoning By-law, as amended.
2.40.5 Side Yard means that portion of the lot extending from the front
yard to the rear yard between the side lot line, as defined within the
Zoning By-law, as amended, and the nearest wall of any main
building on the lot for which there is a required yard.
3.
APPLICATION OF THE BY-LAW
3.1
This by-law applies to all fences erected in the Township of Severn on and
after the date of enactment of this by-law.
3.2
In the event of any conflict between the provisions of this by-law and any
provisions of the Planning Act, as amended, or the Township's current or
successive Zoning By-law, as amended, or any other Township by-law
relating to fencing, the regulation with the more restrictive provisions
pertaining to fencing shall govern.
3.3
Sections 4, 5, 6, 7 and 8 of this By-law shall not apply to fencing
provisions specifically contained in development or site plan agreements
approved or executed by the Township under the provisions of the
Planning Act, as amended, which may require increased height for the
purposes of privacy or screening.
3.4
This by-law does not apply to fences erected by a public authority.
4.
GENERAL PROVISIONS
4.1
No person shall erect, or cause to be erected, a fence in the Township
that does not comply with this and any other applicable law or by-law.
4.2
The height of a fence shall be measured from the grade at the base of the
fence to the top of the fence.
4.3
No person shall erect, or cause to be erected, a fence in the Township
within any driveway visibility triangle unless its height is less than or equal
to 0.91 metres.
4.4
No person shall erect, or cause to be erected, a fence in the Township
that obstructs or interferes with storm water drainage, natural
watercourses, public rights-of-way, access to utilities or access to
easements, or Environmental Protection Zones as defined by the Zoning
By-law.
4.5
No person shall erect, or cause to be erected, any fence that extends onto
Township owned lands without the express written consent of the
Township.
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4.6
No person shall erect, or cause to be erected, a fence in a floodway as
defined by the most current mapping available from the Township of
Severn; County of Simcoe; and/or applicable provincial or federal ministry
or body.
4.7
No person shall erect, or cause to be erected, a fence in the Township
unless the fence is:
4.7.1 Stable;
4.7.2 Vertical;
4.7.3 Suitable for the purpose; and
4.7.4 Erected and supported in a manner adequate to the design of the
entire fence.
4.8
An owner shall ensure that fences are kept:
4.8.1 In good repair;
4.8.2 In a safe and structurally sound condition;
4.8.3 Free of hazards; and
4.8.4 Free of markings or other defacements on the exterior surface and
if such markings or other defacements are evident, they shall be
removed and the surface refinished as necessary within a
reasonable period of time.
4.9
Persons erecting or causing the erection of a fence with an exterior
surface bordering on an adjacent street shall ensure that a finished side is
presented on that exterior surface.
4.10 A person erecting, or causing the erection of a fence shall use the material
as specified below for the type of property on which the fence is being
erected:
4.10.1 On a residential property, and for community facilities:
i.
Wood;
ii.
Chain link;
iii.
Polymer/plastic;
iv.
Vinyl;
v.
Steel;
vi.
Wrought iron;
vii.
Aluminum;
viii.
Welded wire;
ix.
Composite wood; and
x.
Solid walls (brick/concrete/stone).
4.10.2 On a commercial or industrial property:
i.
Any of the materials noted in subsection 4.10.1, above,
ii.
Barbed wire, in accordance with section 10.2 herein;
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iii.
Page wire; and
iv.
High-tensile wire.
4.10.3 On a greenlands, agricultural or rural property:
i.
Any of the materials noted in subsections 4.10.1 and 4.10.2,
above; and
ii.
An electric fence that is designed and erected to contain
animal livestock and/or to act as a deterrent to predators of
such livestock in accordance with Section 11.
4.11 Townhouses shall install gates on rear or interior yard fencing to facilitate
emergency access between lots.
5.
RESIDENTIAL HEIGHT REGULATIONS
5.1
No person shall erect, or cause to be erected, a fence on a residential
property in the Township, having regard for sight triangles and driveway
visibility triangles, that is higher than:
5.1.1 Front yard: 1.22 metres total height inclusive of all extensions with
open construction as defined in Section 2.25.
5.1.2 Side and Rear Yards: 1.82 metres total height inclusive of all
extensions.
Refer to Schedule "A" for illustration of height provisions pertaining to fencing on
a residential lot.
6.
EXCEPTIONS TO RESIDENTIAL HEIGHT REGULATIONS
6.1
Gates may exceed the residential height regulations by a maximum of
0.30 metres.
6.2
Front yard for all residential waterfront properties will be deemed to be the
waterside portion of the property facing the water, as per the Zoning By-
law.
6.3
Archways forming part of a gate may exceed the maximum residential
height regulations by 0.61 metres unless located in the front yard where
the maximum height regulation may be exceeded by 0.91 metres.
6.4
Decorative caps on structural posts may exceed the residential height
regulations to a maximum of 0.15 metres.
6.5
Where the rear yard or side yard of a residential property is adjacent to a
non-residential property, the maximum height permitted with respect to
that portion of fence immediately adjacent to the non-residential property
shall be no higher than 3.05 metres.
6.6
No person shall erect, or cause to be erected, a fence for a sport court on
a residential property where the fence exceeds 3.05 metres in height.
7.
POOLS
7.1
Permit Requirements
7.1.1 No person shall place water in an outdoor swimming pool or allow
water to remain in such a pool unless there are erected and
maintained fences and gates prescribed by this section.
7.1.2 No person shall construct a swimming pool until:
i.
an application for permit, including plans showing fences and
gates are filed with the Township Official, and
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ii.
the Township Official issues a permit certifying the approval
of such application and plans.
7.2 Application for a Permit
7.2.1 To obtain a permit the owner shall file an application in writing by
completing the prescribed form;
7.2.2 Except as otherwise permitted by the Township Official, every
application shall:
i.
identify and describe in detail the work to be covered by the
permit for which an application is made,
ii.
describe the land on which the pool is to be located by a
description that will readily identify and locate the building
lot,
iii.
be accompanied by two (2) complete sets of plans showing
details of the enclosure as well as its relationship to lot lines,
buildings and fences, wells, septic systems and natural
features,
iv.
be accompanied by the applicable fee, and
v.
state the names, addresses and telephone numbers of the
owner and the contractor performing the work.
7.2.3 The Township Official may revoke a permit issued:
i.
if it was issued on mistaken, false or incorrect information;
ii.
if, after six (6) months after its issuance, the construction in
respect of which it was issued has not been seriously
commenced;
iii.
if it was issued in error.
7.3
Conditions of Permit Issuance
7.3.1
Every owner of a swimming pool is to enclose such a pool by a
fence extending from the ground measured vertically to a height of
not less than 1.2 metres (4 feet), constructed of:
i.
wire of a size not less than twelve (12) gauge galvanized or
plastic coated with links of an opening of not more than thirty-
eight (38) millimetres (1.5 inches), or
ii.
steel panels or wood materials that are of equivalent strength
to the fence described in paragraph 7.3.1(i) of this Section
and with no opening therein, other than for a gate, greater
than one hundred (100) millimetres (4 inches) in width, or
iii.
masonry comprised of brick or concrete block with no
opening therein from the ground measured vertically to a
height of not less than 1.2 metres (4 feet), except for a gate,
such fence is to be located so that entry to the swimming
pool is only possible by means of one or more gates in such
fence, or
iv.
a fence shall, if other materials and construction, be of such
character and quality that in the opinion of the Township
Official provides and maintains an equivalent degree of
safety to the type of fencing specified in Sections 7.3.1(i)
through 7.3(iii).
7.3.2 Notwithstanding anything contained in this Section, a fence is not
required to restrict access from the lake, pond or river of a waterfront
property.
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7.4
A pool fence described in this Section:
i.
is to be equipped with a gate or gates, of the same material and
height as is described in the above together with locks and self-
latching/self-closing devices located and arranged at the top and
inside of the gate, so as to prohibit entry by closing and locking when
such pool is not under competent supervision, and
ii.
is not to contain barbed wire or any facility for projecting electric
current, and
iii.
is not to contain any projections that will facilitate climbing, and
iv.
is to be located more than 1.25 metres from any building or tree or
any other projection which would facilitate climbing over the
swimming pool fence, and
v.
is to be setback from the pool by no less than 1.2 metres.
7.5
Every gate or access (including ladders or stairs) are to be kept closed
and locked at all times with a self-locking latch when the swimming pool is
not under competent supervision.
7.6
The fence enclosing any swimming pool may have a wall or wall of a
building as part of such fence provided the wall is at least 1.2 metres in
height measured vertically from the ground but if the wall has any door or
doors, such door or doors are to be kept securely locked when the pool is
not under competent supervision.
7.7
Exemptions - Platform
The provisions of Section 7.6 do not apply to an outdoor swimming pool
that has an attached platform if (but may require a separate building
permit):
i.
the pool wall has a minimum height of 1.25 metres measured from
the abutting grade to the top of the pool wall,
ii.
the platform is attached to the entire perimeter of the pool at a
height of not less than 1.25 metres above grade,
iii.
the platform deck is a minimum width of 1.2 metres around the
entire pool;
iv.
the perimeter of the attached platform is protected by a continuous
balustrade of not less than .9 metres in height, and
v.
the entrance or entrances to such pool have a gate that complies
with Section 7.4 hereof, but if any structure or other projection is
attached or not attached to the wall of the pool that would facilitate
climbing, then such structure or projection is to be enclosed by a
fence and gates as prescribed in Section 4 hereof.
8.
NON-RESIDENTIAL, COMMERCIAL, GREENLANDS, AGRICULTURAL, AND
RURAL HEIGHT REGULATIONS
8.1
No person shall erect, or cause to be erected, a fence on a non-residential
property in the Township, having regard for sight triangles and driveway
visibility triangles, that is higher than:
8.1.1 Front and Exterior Yards: 2.44 metres; and
8.1.2 Side and Rear Yards: 3.05 metres.
9.
EXCEPTIONS TO NON-RESIDENTIAL HEIGHT REGULATIONS
9.1
Where the rear yard or side yard of a non-residential property is adjacent
to one of the land uses listed in Sections 9.1.1 to 9.1.6 below, the
maximum height permitted with respect to that portion of fence
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immediately adjacent to such land uses shall be no higher than 3.66
metres:
9.1.1 A public utility;
9.1.2 A railway right-of-way;
9.1.3 An installation for the generation and/or distribution of electricity;
9.1.4 A pipeline or associated compressor station;
9.1.5 A storage site for explosives or chemicals; or
9.1.6 A sludge pit or similar or related purpose.
9.2
No person shall erect, or cause to be erected, a fence for a sport court on
a non-residential property where the fence exceeds 3.05 metres in height.
10.
FENCES OF HAZARDOUS MATERIALS
10.1 No person shall erect, or cause to be erected, along any highway or street
adjacent to residential land or on any land used for residential purposes a
fence that contains or is constructed of any hazardous material as defined
in Section 2.17 of this By-law.
10.2 No person shall erect, or cause to be erected, a barbed wire fence as
permitted in industrial zones, unless the portions of the fence wholly or
partly constructed with barbed wire are higher than 2.44 metres and the
barbed wire or other barbed material is on metal brackets to a maximum
total height not exceeding 3.05 metres, unless the fence is immediately
adjacent to a land use specifically referenced in Subsections 9.1.1 through
9.1.6, whereby maximum permitted height shall not exceed 3.66 metres.
11.
ELECTRICAL FENCES
11.1 No person shall erect, or cause to be erected, an electrical fence on any
land with the following exception:
11.1.1 An electrical fence using direct current may be erected on land
while it is being lawfully used for agricultural purposes, provided
such fence:
i.
Carries an electrical trickle charge of not more than 12 volts;
ii.
Is designed and erected solely to contain livestock and/or to
act as a deterrent to predators of such livestock; and
iii.
Has attached thereto, at not more than 12.19 metres
intervals along the fence, a warning that the fence carries
low voltage electricity.
12.
OFFENCES AND PENALTIES
12.1 Every person who contravenes any provision of this by-law is guilty of an
offence and, upon conviction, is liable to a fine in accordance with the
Provincial Offences Act, R.S.O. 1990, c. P.33, as amended.
12.2 Each day on which a contravention of any provision of this by-law occurs
shall constitute a separate offence under this by-law as provided for in
section 429(2) of the Municipal Act, S.O. 2001, c. 25.
12.3 Every person guilty of an offence under this by-law may, if permitted under
the Provincial Offences Act, pay a set fine.
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13.
ADMINISTRATION AND ENFORCEMENT
13.1 An Officer exercising a power or performing a duty under this by-law, at all
reasonable times, may enter upon land for the purpose of carrying out an
inspection, taking photographs and obtaining evidence to determine
whether the property complies with this by-law and may be accompanied
by other Township employees or agents for this purpose.
13.2 No person shall hinder or obstruct, or attempt to hinder or obstruct, either
directly or indirectly, an Officer in the lawful exercise of a power or duty
under this by-law.
13.3 Where an Officer exercising a power or performing a duty under this by-
law has confirmed that a property is not maintained in accordance with the
requirements of this by-law, the Officer may, in addition to verbally
directing the owner to bring the property into compliance, serve the owner
a notice in writing directing the owner to bring the property into compliance
with the by-law requirements.
13.4 A written notice to the owner of a property may be served personally upon
the owner of the property or sent by registered mail to the last known
address of the owner according to the current assessment rolls. If sent by
registered mail, the notice shall be deemed to have been served on the
fifth day after mailing.
13.5 Where an owner, having been served with a notice in the manner
described in Subsection 13.4, fails to comply with the notice within the
time specified, an Officer may, upon producing appropriate identification
when so requested, enter onto the property at a reasonable time and carry
out any or all of the work required to bring the property into compliance
with this by-law.
13.6 When an Officer exercising a power or performing a duty under this by-law
deems a violation under this by-law to pose an immediate risk to public
health or safety, the notice provisions contained in Subsection 13.4 may
be waived and an emergency notice shall be posted on the property
requiring immediate action or other remediation. No person shall fail to
comply with an emergency order within the period of time specified on the
emergency order.
13.7 Any items or materials removed from a property during work to remedy
non-compliance as conducted by the Township or an agent of the
Township may be immediately disposed of by the Township or an agent of
the Township without further notice to the property owner.
13.8 Once served upon an owner in accordance with Subsection 13.4, a notice
shall remain in effect on a property for the duration of the calendar year
and further notices to the owner for similar violations within the same
calendar year are not required.
13.9 Where the Township has conducted remedial works as described in
Subsection 13.5, all expenses incurred by the Township in doing the work
as well as any related administrative fees, shall be deemed to be taxes
and may be collected by action or the costs may be added to the tax roll
for the property and collected in the same manner as taxes.
13.10 The Township assumes no liability for property damage or personal injury
resulting from remedial action or work undertaken with respect to any
person or property that is subject to this by-law.
14.
SCHEDULES AND TABLES
14.1 Schedules "A" and "B" attached hereto, hereby form part of this by-law.
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15.
NON-APPLICATION OF THE LINE FENCE ACT
15.1 The Line Fences Act, RSO 1990, except for Section 20 of the Act as it
relates to former railway lands, shall not apply to all of the Township of
Severn.
15.2 Where a property owner is desirous of erecting a boundary line fence they
shall pay 100% of the cost of any work or erection, repair, replacement or
maintenance which has been carried out, unless otherwise agreed upon
with the adjoining property owner.
15.3 A boundary fence shall be in compliance with the provisions of this by-law
with respect to the construction, reconstruction or repair and location of a
fence, including but not limited to the type of material to be used, the
height of the fence and setbacks as required.
16.
VALIDITY AND SEVERABILITY
16.1 Every provision of this by-law is declared severable from the remainder
and if any such provision of this by-law shall be declared invalid by a court
of competent jurisdiction, such declaration shall not affect the validity of
the remainder of the by-law.
17.
FORCE AND EFFECT
17.1 This by-law shall come into force and effect on the date the set fines are
approved by the Ontario Court of Justice.
18.
REPEAL
18.1 On the date this by-law comes into effect, By-laws No. 2005-09 and 2010-
91 and any amendments made thereto, shall be repealed upon approval
of the set fines.
Passed this 5th day of November, 2025.
CORPORATION OF THE TOWNSHIP OF SEVERN
_________________________________________
MAYOR
_________________________________________
CLERK
Written approval of this by-law was given by Mayoral Decision DE-2025-10 dated
November 5, 2025
13
SCHEDULE "A"
Illustration of residential lots and maximum fence heights within yards
1.83 m (6')
14
SCHEDULE "B"
Metric Conversion Table
Length
Metric
Imperial
0.04 m.
1 ½ in.
0.05 m.
2 in.
0.10 m.
4 in.
0.15 m.
6 in.
0.30 m.
1 ft.
0.46 m.
1 ft., 6 in.
0.61 m.
2 ft.
0.91 m.
3 ft.
1.07 m.
3ft., 6 in.
1.22 m.
4 ft.
1.52 m.
5 ft.
1.83 m.
6 ft.
2.44 m.
8 ft.
3.05 m.
10 ft.
3.66 m.
12 ft.
4.57 m.
15 ft.
6.01 m.
20 ft.
7.62 m.
25 ft.
12.19 m.
40 ft.
39.62 m.
130 ft.