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Consolidated to November 23, 2009
1
BY-LAW NUMBER 128-2003
OF
THE CORPORATION OF THE CITY OF STRATFORD
BEING a By-law to regulate the height and description of
lawful fences and hedges and to require owners to fence
outdoor swimming pools, hot tubs, whirlpools and spas
and to obtain permits for the construction of swimming
pools and fences around swimming pools and to repeal By-
law 166-2002 and any amendments thereto.
WHEREAS Section 130 of the Municipal Act, 2001, S.O. 2001, c.25, as amended from
time to time, authorizes a municipality to regulate matters for purposes related to the
health, safety and well-being of the inhabitants of the municipality;
AND WHEREAS Section 11(1) 7 of the Municipal Act, 2001, S.O. 2001, c.25, as amended
from time to time, authorizes a municipality to pass by-laws respecting matters relating
to structures, including fences and signs;
AND WHEREAS Section 11(1)1 of the Municipal Act, 2001, S.O. 2001, c.25, as amended
from time to time authorizes a municipality to pass by-laws respecting matters relating
to highways;
AND WHEREAS Section 62(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended
from time to time, authorizes a municipality to, at any reasonable time, enter upon land
lying along any of its highways to inspect trees and conduct tests on trees, to remove
decayed, damaged or dangerous trees or branches of trees if, in the opinion of the
employee or agent, the tree or branch poses an immediate danger to the health or safety
of any person using the highway;
AND WHEREAS Section 62(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended
from time to time, authorizes an agent or employee of a municipality to remove a
decayed, damaged or dangerous trees or branch of trees immediately and without notice
to the owner of the land upon which the tree is located if, in the opinion of the employee
or agent, the tree or branch poses an immediate danger to the health or safety of any
person using the highway;
AND WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c.25, as amended
from time to time, authorizes a municipality to pass by-laws imposing fees or charges on
any class of persons, for services or activities provided or done by or on behalf of it, for
costs payable by it for services or activities provided or done by or on behalf of any other
municipality or local board, for the use of its property including property under its control,
for capital costs payable by it for sewage and water services or activities which will be
provided or done by or on behalf of it after the fees or charges are imposed;
NOW THEREFORE BE IT ENACTED by Council of Corporation of the City of Stratford
as follows:
Consolidated to November 23, 2009
2
Title
This by-law shall be known as the "Fence and Hedge By-law" of the Corporation of
the City of Stratford.
Definitions
For the purposes of this By-law, the following definitions shall apply:
"Boulevard" means that portion of a highway or street not used as a sidewalk or as a
travelled roadway;
"By-law enforcement officer" means a by-law enforcement officer appointed by
Council;
"Chief Building Official" means the Chief Building Official of The Corporation of the
City of Stratford;
"City" means The Corporation of the City of Stratford;
"Council" means the municipal Council of The Corporation of the City of Stratford;
"Director of Infrastructure and Development Services" means the Director of
Infrastructure and Development Services of The Corporation of the City of Stratford and
includes his/her designate;
"Driveway" means a vehicle access provided between a street and a parking area/space
or a loading space;
"Electrical fence" means a fence through which electricity passes;
"Erect" includes alter, construct, plant, grow, place and relocate;
"Fence" includes any one or combination of the following:
- a railing,
- wall,
- structure except utility structures,
- barrier of any construction or kind whatsoever,
- planting material,
- rock(s)
- line of posts,
- wire,
- masonry wall,
- pillar(s),
- gate,
- boards,
- pickets,
- retaining wall or other similar substances,
- tree,
- hedge,
- shrub,
- earth berms or other manmade similar objects,
- or combination of any of the materials as defined herein or other similar objects,
used to enclose, separate, divide, provide shade or ornament in whole or part a yard or
other land, or to establish a property boundary. Structures or earth berms designated by
any by-law or municipal authority or required under any approval or agreement as noise
barriers or noise barrier walls or any other structure governed under the Ontario Building
Code Act are not deemed to be fences for the purposes of this By-law;
Consolidated to November 23, 2009
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"Lawfully erected" shall mean a fence lawfully erected on private property in
accordance with all applicable zoning by-laws and other by-laws enacted by Council from
time to time, and the Ontario Building Code Act, and any permit required by Council for
the lawful erection of a fence;
"Lot" means any parcel of land which can be occupied or used or otherwise disposed of
separately and apart from any abutting lands, whether or not such parcel is described in
a registered deed or shown on a registered plan of subdivision;
"Person" means an individual, firm, corporation, association or partnership;
"Planting material" means any vegetation other than a tree, hedge or shrub;
"Privately owned outdoor swimming pool" means any body of water located
outdoors on privately owned land, contained in whole or in part by artificial means in
which the depth of the water at any point exceeds 0.9 metres (3 feet) and is used or
intended to be used for swimming, wading, diving or bathing and includes, but is not
limited to, hot tubs, whirlpools and spas, but does not include temporary pools or
landscaped water features.
"Sight triangle" means a sight triangle as defined in the City of Stratford Zoning By-law
and any successor thereto;
"Street" means a public highway or road allowance, opened or unopened, or any City
right of way or easement, which provides or may provide the principal means of vehicular
access to abutting lots and includes all lands between both street lines and includes the
sidewalks and boulevards;
"Utility" means any water works, artificial or natural gas works, electric, heat, light or
power works, telegraph lines, works for the transmission of gas, oil, water or electrical
power or energy or any similar works supplying the general public with necessaries or
conveniences, or works for telecommunication services such as cable for the purposes of
transmitting voice, data, video or video imaging or television broadcasting.
"Landscaped water feature/fish pond" means any body of water located outdoors
on privately owned land contained in whole or in part by artificial means and is used or
intended to be used for the purposes of decoration.
"Temporary pool" means a hot tub, whirlpool, or spa that is located outdoors on
privately owned land and is used or intended to be used for wading or bathing and is
located on the property for not more than 14 consecutive days and at which time the
temporary pool is removed from the exterior of the property.
Application of By-law
3.1
Fences lawfully erected prior to the passage of this By-law are exempt from the
provisions of Section 5 unless in the opinion of the Chief Building Official, they
constitute a view obstruction or like hazard, in which case the provisions of this
By-law shall apply.
3.2
In the event that an existing or proposed fence does not comply with this By-law,
the owner may appeal to Council through the Infrastructure, Transportation and
Safety Sub-committee, and Council shall have, for the purposes of this By-law, in
addition to its other powers, the power to grant an exemption by by-law
amendment at the sole discretion of Council. Every notice of appeal shall include
the prescribed fee as set out in Schedule "C".
3.3
In the event of any conflict between the provisions of this By-law and any
provisions of the City of Stratford Zoning By-law, or any other by-law or provisions
thereof relating to fencing, the provisions of the most restrictive by-law shall
prevail.
Consolidated to November 23, 2009
4
3.4
Notwithstanding any other provisions herein, a fence which is required and
approved by Council under the Planning Act shall be deemed to be in conformity
with the provisions of this by-law.
3.5
Fences comprised in whole or in part of planting material, or which are hedges or
shrubs, shall be pruned and trimmed by the owner or occupant of the property on
a regular basis to ensure that the vegetation or plant material does not exceed the
provisions of this by-law.
Administration and Enforcement
4.1
If, in the opinion of the Chief Building Official or designate, a fence does not comply
with the provisions of this By-law, the Chief Building Official, or designate, shall
notify in writing, the owner, agent or person responsible for the said fence, of the
requirement to bring the fence into compliance with the provisions of this By-law.
4.2
The owner, agent or person responsible for the said fence shall comply with the
provisions of the notice within the time frame specified.
4.3
In the event of non-compliance with such notice, or if in the opinion of the Chief
Building Official a contravention of this by-law exists and it is determined that it is
an emergency situation, the Chief Building Official may cause the fence to be
removed at the expense of the said owner or occupier and such expense shall be
a debt due by such owner or occupier to The Corporation of the City of Stratford
and same may be recovered in a like manner as municipal taxes.
4.4
Failure to comply with the written direction of the City constitutes a contravention
of this By-law for which the owner, agent or person responsible can be subject to
the penalty set out in Section 8 of this By-law.
4.5
Where a fence has been constructed or planted on the street without prior
approval and the fence does not comply with the provisions of this by-law, the
Chief Building Official or designate, may cause the fence to be brought into
compliance with the provisions of this by-law or to be removed without prior notice.
The fence shall be removed or brought into compliance at the expense of the
person responsible for the said fence and such expense shall be a debt due by
such person to the City and same may be recovered in like manner as municipal
taxes.
4.6
Where a fence has been constructed or planted on the street with prior approval
of the City and the fence does not comply with the provisions of the approval, the
Chief Building Official or designate, may cause the fence to be brought into
compliance with the approval and the provisions of this by-law, or to be removed,
subject to 10 days notice of intent provided to the person responsible for the said
fence.
General Provisions
5.1
No person shall construct, erect, maintain, keep or permit within the City of
Stratford any fence that is in contravention of any of the provisions of this By-law.
5.2
No person shall construct, erect, maintain, keep or permit within the City of
Stratford any fence on public property including any street as defined in this by-
law without the prior written permission of Council.
5.3
No person shall erect or cause to be erected or permit to be erected or maintained
a fence on any lands in the City of Stratford, unless such fence is:
i) constructed of materials that are specifically designed or commonly utilized
for fencing purposes;
ii) in good repair;
Consolidated to November 23, 2009
5
iii) sufficiently sturdy so as not to present a hazard through the risk of toppling
or collapse or through risk of portions coming loose that could become a
hazard; and,
iv) where comprised in whole or in part of a hedge, shrub, or planting material
regularly pruned, trimmed or otherwise maintained so as not to obstruct
pedestrian or vehicular traffic or obscure visibility;
v) in the opinion of the Chief Building Official or his or her designate, not a
view or obstruction hazard for pedestrian or vehicular traffic or does not
obscure visibility;
and, is in compliance with the provisions of this by-law.
5.4
Subject to Section 5.5 herein, no person shall erect or cause to be erected on any
land in the City of Stratford, a fence which either contains or is constructed wholly
or partly of barbed wire or other barbed or sharp material.
5.5
Notwithstanding Section 5.4, no person shall erect, construct or maintain a fence
composed wholly or partly of barbed wire or other barbed material in an industrial
zone of the City of Stratford unless such barbed wire or other barbed material
begins at a height of 1.83 metres measured from the lowest grade level and is
cantilevered from the top of such fence in a direction away from adjacent
properties, including highways.
5.6
No person shall erect or cause to be erected or permit to be erected or maintained
an electrical fence on any land in the City of Stratford.
5.7
Notwithstanding anything to the contrary in this By-law, it shall be lawful for a
person to erect, construct or maintain a fence composed wholly or partly of barbed
wire or other barbed material, or an electrical fence on agricultural zoned lands
used for agricultural purposes in the City of Stratford.
5.8
No person shall erect, construct or maintain or permit to be erected, constructed
or maintained a plastic safety fence except:
i) on a construction site, or,
ii) on a demolition site, or,
iii) on a site requiring fencing in conformance with Fire, Police or City Building
Department orders.
5.9
It shall be lawful for a person to erect, construct or maintain or permit to be
erected, constructed or maintained, a wooden snowfence on a temporary basis on
private property only between the time period of October 15 of one year to April
15 of the following year, provided that the wooden snowfence does not cause or
contribute to unwanted snow accumulation on adjacent public or private property.
5.10 No person shall erect, construct or maintain or permit to be erected, constructed
or maintained a fence higher than 0.75 metres measured from the lowest level of
the travelled portion of the adjacent street from the face of the roadside curb to a
point that is either 0.6 metres behind the rear edge of the sidewalk or 4.0 metres
behind the roadside curb, whichever is the greater distance provided that, in the
opinion of the by-law enforcement officer, that such fence does not:
i) obstruct pedestrian or vehicular traffic;
ii) obscure clear visibility of approaching pedestrian or vehicular traffic; and
iii) obstructs municipal operations.
5.11 No person shall erect, construct, maintain or permit to be erected, constructed or
maintained a fence in the sight triangle or an extension of that sight triangle out
onto the street except a fence not exceeding a height of 0.75 metres measured
from the lowest level of the travelled portion of the adjacent street provided that,
in the opinion of the by-law enforcement officer, such fence does not:
Consolidated to November 23, 2009
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i) obstruct pedestrian or vehicular traffic;
ii) obscure clear visibility of approaching pedestrian or vehicular traffic; and
iii) obstructs municipal operations.
5.12 Notwithstanding Sections 5.10 and 5.11, no person shall erect, construct, maintain
or permit to be erected, constructed or maintained on the boulevard from a point
0.6 metres behind the rear edge of the sidewalk to the roadside curb, or if there
is no sidewalk, from a point 1.2 metres behind the face of the roadside curb, any
fence at a height exceeding the height of the top of the roadside curb or municipal
sidewalk.
5.13 Notwithstanding Sections 5.10, 5.11 and 5.12, it is lawful for a person to plant and
maintain planting material, excepting a tree(s), hedge(s) or a shrub(s) on the
boulevard provided that:
i) such planting material does not exceed 0.6 metres from the top of the curb
or municipal sidewalk;
ii) in the opinion of the by-law enforcement officer such planting material does
not obstruct pedestrian or vehicular traffic;
iii) in the opinion of the by-law enforcement officer such planting material does
not obscure clear visibility approaching pedestrian or vehicular traffic; and
iv) in the opinion of the by-law enforcement officer such planting material does
not obstruct municipal operations.
5.14 Except as required in Section 5.10, a visibility triangle shall be maintained at the
edge of each driveway that is measured 3.6 metres each way from the point of
intersection of the driveway and back edge of the sidewalk, or where a sidewalk
does not exist, a visibility triangle shall be maintained at the edge of each driveway
that is measured 3.6 metres each way from the point of intersection of the
driveway and a point that is 4.0 metres behind the roadside curb. Within the
visibility triangle created by joining these three points, no person shall erect,
construct, maintain or permit to be erected, constructed or maintained, any fence
exceeding 0.75 metres in height measured above the surface of the driveway
adjacent to the said visibility triangle and provided that in the opinion of the by-
law enforcement officer such fence:
i) does not obstruct pedestrian or vehicular traffic;
ii) does not obscure clear visibility of approaching pedestrian or vehicular
traffic; and
iii) does not obstruct municipal operations.
5.15 Where a person intends to create a new driveway or intends to widen an existing
driveway, it shall only be permitted if the existing fence is already, or can be made
to comply with the requirements of this by-law.
Fences Around Swimming Pools, Hot Tubs, Whirlpools and
Spas
6.1
No person shall excavate for, erect or cause to be excavated for, erected or
maintained a privately owned outdoor swimming pool in the City of Stratford unless
such pool or the land or part of the land on which such pool is located or to be
located is effectively fenced in accordance with the following provisions:
i) every fence shall be not less than 1.52 metres (5 feet) in height measured
from the adjacent grade,
ii) so constructed that it cannot be used in a manner similar to a ladder, or so
as to discourage climbing,
a. openings between vertical fence members shall be limited to a
maximum spacing of 102 mm (4 inches);
Consolidated to November 23, 2009
7
b. spacing or horizontal members shall be a minimum of 1.1 metres (3
feet, 6 inches) when vertical space members are spaced more than
25 mm (1 inch) apart;
c. horizontal members shall be on the pool side of the fence;
d. the bottom of fence members shall not be more than 102 mm (4
inches) above finished grade.
iii) so constructed that the only means of entry is by gates or doors,
iv) the wall of any dwelling house, building or accessory building may be
utilized to effectively enclose any pool,
v) each fence gate or enclosure door shall be capable of being locked and have
a self latching device. Each gate shall have the self latching device placed
at the top and inside of each gate such that the gate latches when the gate
is in the closed position. Each pool gate or door shall remain closed except
when the pool is in actual use.
vi) subsection v) does not apply to the door of any dwelling house which forms
part of the fence,
vii) the use of barbed wire in any manner or any device for projecting an electric
current in connection with or through such perimeter fence is prohibited,
viii)
a fence shall be structurally adequate to perform its intended
function to prevent unauthorized entry to the swimming pool area,
ix) hot tubs, whirlpools or spas shall be fitted with a tight fitted cover, with a
locking device or be protected with a 1.52 metre minimum high fence,
x) a division fence which complies with the provisions of this section shall be
deemed a sufficient fence,
xi) no climbable objects, embankments, retaining walls, other fences,
structures or anything that would facilitate climbing shall be located less
than 1 metre (3.3 feet) from the fence or enclosure enclosing the pool.
6.2
Above ground swimming pools that have vertical walls of 1.52 metres or more
measured on the outside of the pool, and are equipped with ladders or steps which
may be raised or lowered, require a fence and gate as stated in subsection 6.1
enclosing such ladder or steps to prevent access to the pool in case the ladder or
steps are left down, unless the ladders or steps are self-raising and are secured as
stated in subsection 6.1 v).
6.3
a) Notwithstanding the requirements of sections 6.1 and 6.3, temporary
fencing shall be permitted around the perimeter of the property or pool for
a maximum of 30 working days after issuance of the pool permit for the
purposes of excavating, constructing or erecting the pool provided that the
temporary fencing is not less then 1.22 metres (4 feet) high with soundly
erected fence posts that are not more than 2.4 metres (8 feet) apart and
the temporary fence shall include a chain and a lock on the function of the
enclosure.
b) If a temporary fence is installed as permitted in section 6.3 (a) a fence
complying with the requirements of this by-law except section 6.3 (a) shall
be completed within 30 working days of permit issuance.
6.4
Consolidated to November 23, 2009
8
a) No person shall commence or continue to excavate, construct or erect any
swimming pool or a fence around a swimming pool unless the owner has
obtained a permit from the City of Stratford.
b) To obtain a pool permit, the owner or authorized agent shall file an
application in writing by completing an application form available at the
Building and Planning Department of the City of Stratford. Every application
for permit shall include the information set out in Schedule "B" of this by-
law along with the required fee prescribed in Schedule "C" except with
respect to construction or installation of a pool where the work has
commenced prior to the issuance of a permit, a special permit fee shall
apply. A special permit fee shall be double the fee set out in Schedule "C."
c) Where an application required in section 6.4 (b) has been made and the
proposed fence and swimming pool set out therein conforms with this by-
law and all other relevant by-laws of the City of Stratford, the Chief Building
Official, or his or her designate, shall issue a pool permit.
6.5
a) For the purpose of pool installation, no person shall alter existing grading
so as to negatively impact adjacent properties by causing erosion, ponding,
increased ponding of storm water or allow any additional water flow to
neighbouring properties.
b) Where excavated material other than topsoil is to remain on site, a lot
grading plan completed by an Ontario Land Surveyor, Professional Engineer
or Architect shall be submitted for review with the permit application.
c) Installation of drainage piping, catch basins, drywells, french drains or
similar appurtenances require prior approval from the Chief Building Official
prior to installation of the proposed system. Installation of such system(s)
may require a permit(s) as required by the Ontario Building Code.
6.6
Neither the granting of a pool permit nor the approval of the plans and
specifications, nor inspections made by the City of Stratford during construction
shall in any way relieve the applicant from full responsibility for carrying out the
work in accordance with the requirements of this by-law.
6.7
The property owner to whom a pool permit has been issued shall notify the by-
law enforcement officer of readiness to submit to a final inspection within 30
working days of permit issuance.
Exemptions
7.1
Nothing in this by-law relating to the height of fences, trees, hedges, shrubs, or
planting materials shall apply to lands owned, leased, or used by:
i) The Corporation of the City of Stratford;
ii) a local board as defined in the Municipal Affairs Act;
iii) utility companies.
7.2
Notwithstanding Section 7.1 iii) utility company equipment or structures shall be
identified by reflective markings visible to City snow removal crews when the
equipment or structures are less than 1.5 metres in height and,
i) 1.2 metres from the edge of a travelled portion of the street or
ii) 0.6 metres from either edge of a sidewalk.
Consolidated to November 23, 2009
9
7.3
Failure to comply with the requirements of Section 7.2 will result in the City not
being held accountable financially or otherwise for damage to utility company
equipment or structures caused by snow removal crews.
Penalty
8.1
Every person who contravenes any provision of this By-law is guilty of an offence
and is liable, upon conviction, to a fine not exceeding $5,000 exclusive of costs for
each offence recoverable under the Provincial Offences Act, R.S.O. 1990 Chapter
P.33 as amended from time to time.
Severability
9.1
If a court of competent jurisdiction declares a Section or subsection of this By-law
invalid, the remainder of the By-law shall continue in force and effect.
Repeal
10.1 This By-law, once it takes effect, repeals By-law 166-2002 and any amendments
thereto.
Date of Effect
11.1 This by-law comes into force and takes effect upon final passage.
Read a FIRST, SECOND and THIRD time and
FINALLY PASSED this 14th day of July, 2003.
"Karen Haslam"
Mayor - Karen Haslam
"Joan Thomson"
Clerk - Joan Thomson
Consolidated to November 23, 2009
10
This is Schedule "A" to By-law Number 128-2003
enacted this 14th day of July, 2003
Consolidated to November 23, 2009
11
This is Schedule "B" to By-law Number 128-2003
Enacted this 14th day of July, 2003
List of Plans or Working Drawings and Information to Accompany Applications for Pool Permits
1.
Scale site plan detailing including:
a. location and dimensions of property lines
b. location of all buildings on site
c. location of pool equipment
d. location of pool and deck
e. location of fence
f. type of fence (may require elevation drawing)
g. height of fence
2.
Property Owners Commitment Form
3.
Scale lot grading plan completed by an OLS engineer or architect detailing:
a. all elevations pertinent to grading design including:
i) top of pool deck (existing and proposed)
ii) elevations at property lines (existing and proposed)
iii) elevations on neighboring properties (existing and proposed)
iv) swale elevations (existing and proposed)
b. indicate proposed drainage patterns including swales
Note: The Chief Building Official may specify that not all the above mentioned plans are required
to accompany an application for a permit unless otherwise required in the by-law.
Consolidated to November 23, 2009
12
This is Appendix "C" to By-law Number 128-2003
Enacted this 14th day of July, 2003
These Fees and Charges take effect January 1, 2010
Item
Fee *
Swimming Pool Permit
$200.00 above ground
$325.00 in-ground
Fence and Hedge By-law Exemption
Appeal Request
$500.00
Special Permit Fee
A special permit fee with respect to
construction shall be paid by the owner
where any work has commence prior to
the issuance of a permit.
Payment of the special permit fee does not
allow construction to continue without a
permit.
The special permit fee shall be the regular
permit fee plus an additional fee equal to
100% of the amount calculated as the
regular permit fee in order to compensate
the city for the additional work performed
as a result of commencing work prior to
permit issuance.
* These rates shall automatically increase and be rounded to the nearest dollar on the 1st day of
January in each year by the percentage increase in the Consumer Price Index (CPI). CPI means
the 12-month average of Total Consumer Price Index as published by Statistics Canada in
November, using the most current October to October rates.