This is an automated transcription (OCR) of the captured
official document — minor recognition errors are possible; the source
document governs.
Snapshot 4f3426f4f418 · verified 2026-08-29 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
## CORPORATION OF THE TOWNSHIP OF WARWICK
## BY-LAW NO. 5 OF 2017
## BEING A BY-LAW TO PROVIDE FOR REGULATING THE CONSTRUCTION, MAINTENANCE AND PROTECTION OF BOULEVARDS WITHIN THE TOWNSHIP OF WARWICK
WHEREAS the Municipal Act 2001, Section 28 1) & 2) as amended, provides that council of a local municipality may pass by-laws in respect of a boulevard over which it has jurisdiction.
AND WHEREAS it is deemed expedient that provisions be made for the maintenance of boulevards in the Township of Warwick.
## 1. Definitions:
For the purpose of this by-law:
- a) "Apron" includes that section of the driveway contained within the road allowance that consists of either asphalt, concrete, gravel or interlocking/paving stone;
- b) "Back Lot Property" refers to that portion of a property where the rear is adjacent to a township or regional road allowance;
- c) "Buffer strip" shall mean minimum border with the following dimensions: the border located at the curb shall be 1 metre and the remaining border around the boulevard shall be 15 centimetres (6 inches);
- d) "Boulevard" shall mean that portion of the public highway under the jurisdiction of the municipality between the traveled road and the street line, not including back lot properties that are within the geographical limits of the township;
- e) "County" shall mean the County of Lambton;
- f) "Herbaceous plant materials" means a plant without woody above-ground parts, its stem dying back to the ground each year;
- g) "Inorganic Ground Cover" includes, but is not limited to gravel, concrete, asphalt, paving stones and interlocking brick;
- h) "Landscape" means to improve the boulevard by planting sod and other plants and generally improving the boulevard in accordance with the terms and provisions of this by-law;
- i) "Maintenance" shall refer to the action required to sustain a boulevard, including but not limited to cutting, watering, removing debris or repairing damage to any driveway located within the boulevard area;
2. "Municipality" means the Corporation of the Township of Warwick;
- k) "Municipal By-Law Enforcement Officer" means a By-law Enforcement Officer and/or Property Standards Officer employed by the municipality;
- 1) "Owner" shall mean the owner or occupier of real property adjoining a boulevard;
- m) "Person" includes a corporation, partnership, sole proprietorship and municipality;
- n) "Street line" shall mean the property line dividing the road allowance from the real property of an adjoining owner;
- o) "General Manager" shall mean the General Manager of Public Works and Parks and Recreation or his or her designate;
- p) "Township" shall mean the area within the geographical boundaries of the Corporation of the Township of Warwick;
- 9) "Turf grass" shall mean a regularly maintained area to a maximum height of 15 centimetres (6 inches) consisting of desirable turf grass species, such as blue grass, fescues, perennial ryes and tall fescues;
- r) "Utilities" shall include infrastructures such as cables, pipelines or structures that are owned and maintained by the municipality or other utility companies.
## 2. Landowner Responsibility
- i) That the occupant of every occupied parcel of land, whether he be the owner or tenant, and the owner of every unoccupied parcel of land shall cut and trim all grass or plants, shrubs, weeds, trees or vegetation growing on the boulevard in front of the premises occupied by him, so as to maintain the same in a clean, neat and tidy condition in the urban communities of Watford and Warwick at their own expense.
2. That the occupant, whether owner or tenant, of every dwelling house, shop, vacant lot or other premises in the Township of Warwick, shall keep the sidewalks on the streets abutting his premises free and clear of ice and snow; and that such ice and snow shall be removed not later than
- nine o'clock in the forenoon if snow is not falling at that hour. In the event of snow falling at or after nine o'clock in the forenoon, such ice or snow shall be removed within two hours and after snow has ceased falling.
- ili) Every owner must (the proof of which lies upon the owner) contact all utilities, the County and the municipality tor the purpose of locating all pipes, cables and other property owned or installed by one or more of them not less than 5 (five) working days before excavating any part of a boulevard.
- iv) That the occupant shall contact the General Manager and receive approval for work to be completed as per Section #5 of the by-law, including but not inclusive to driveways and sidewalks.
## 3. Permissive
- i) Every owner may sod, landscape or improve a boulevard subject to the following:
An Owner may plant herbaceous plants on a boulevard so long as:
- a) The plants do not exceed a height of 45 centimetres (18 inches);
- b) The plants do not impair drainage;
- c) The plants are not of a species identified as goutweed (Agegopodium podagraria), periwinkle (Vinca minor), Japanese spurge (Pachysandra terminalis), lilly of the valley (Convallaria majalis), creeping bellflower (Campanula rapunculoides), soapwort or bouncing bet (Sponaria officinalis), or ribbon grass (Phalaris arundinacea).
4. The buffer strip may contain turf grass, herbaceous plants, wood chips, mulch, concrete, asphalt, interlocking/paving stone or gravel stone (less than ¾ inches in diameter;
## 4. Township Responsibility
- i) If any sod, asphalt, concrete, interlocking/paving stone or gravel from the apron of a driveway located within the boulevard is removed or damaged for any reason in the course of any undertaking by the Township or a utility, it shall be replaced as nearly as may be to the condition in which it was prior to that undertaking. Neither the Township, nor any utility shall be obligated to restore any improvements located on any boulevard other than sod, asphalt, concrete, interlocking/paving stone or gravel.
2. The Municipality shall have complete authority as to the installation of sidewalk, curbs and gutters and shall be built to their engineered standards
- Matters dealing with new and/or existing requests for tree planting shall be addressed under the Township of Warwick Tree By-law referred to as "Right-of-Way Trees By-law"
- iv) Complaints shall be referred to the General Manager, for investigation and action needed.
## 5. Approval Required from General Manager
- i) That any sign, structure, shrubbery, tree, obstruction or refuse placed on any boulevard without written approval of the General Manager or the Bylaw Enforcement Officer shall be removed by the person occupying the abutting premises forthwith upon notification to do so by the By-law Enforcement Officer, or such sign, structure, shrubbery, tree, obstruction or refuse shall be removed and all costs associated with the removal, shall be assessed to the owner of the abutting property from which items were removed. When written permission is not found in the Township Property File, then the said items causing an infraction shall be dealt with at the complete discretion of the General Manager or Public Works Committee in consultation with the property owner.
2. ii) No person, firm or corporation shall construct any boulevard or do any work on a public road allowance within the boundaries or the Township of Warwick without first obtaining the consent of the General Manager and such person shall be responsible for completing the construction or doing the work in accordance and conformance with the conditions and provisions of the General Manager's consent i.e. driveway.
No person, firm or corporation shall construct/alter/repair sidewalks and or curbs and gutters on any boulevard or do any work on a public road allowance within the boundaries or the Township of Warwick without first obtaining the consent of the General Manager and such person shall be responsible for completing the construction or doing the work in accordance and conformance with the conditions and provisions of the General Manager's consent.
## 6. Non Permissive
- i) No person shall in any way obstruct any drain, watercourse, ditch or culvert within the limits of the Township of Warwick.
2. An owner shall not permit anything to remain on a boulevard which is dangerous, may injure pedestrians or damage vehicular traffic;
3. ili) An owner shall not permit anything to remain on a boulevard which impairs the ability to see pedestrians or vehicular traffic, including anything
which may be located between two residential driveways, subject to the Township of Warwick's Tree By-law - "Trees On Municipal Right-Of-Way".
- iv) An owner shall not locate any sports equipment on a boulevard including, but not limited to basketball nets, hockey nets, or skateboarding equipment;
- v) An owner shall not alter a boulevard so as to create a parking area;
- vi) An owner shall not use a boulevard, where there are curbs, as a parking area;
- vii) An owner shall not place inorganic ground cover exceeding ¾" (19 millimetres) in diameter within the buffer strip of the boulevard;
- vili) An owner shall maintain a buffer strip on any boulevard that is landscaped with anything other than sod;
- ix) An owner shall ensure that any inorganic ground cover located within the buffer strip is confined to that area and does not overflow onto the street or sidewalk;
No person shall damage any landscaping or improvement on a boulevard except an owner, a contractor hired by the municipality, the County, the municipality or a utility while engaged in construction, maintenance or repairs.
## 7. Installation of New Entrances or Culverts
## Responsibility of the Owner
The owner of any lands requiring a private driveway and/or walkway leading to a public highway which has a surface drainage system and which is located in the Township of Warwick shall be responsible to obtain an Entrance/Culvert Permit (Schedule 'A') at a cost of $150 from the Township of Warwick. The owner shall be responsible for the installation of a galvanized corrugated steel culvert or hard wall plastic when and as specified by the General Manager.
## Entrance Culvert Specifications
All entrance culverts shall be installed by the land owner's contractor to the specifications of the Township General Manager such as:
- a) Be of galvanized corrugated steel, 16 gauge or hard wall plastic;
- b) Have a minimum diameter of fifteen (15) inches;
- c) Have a minimum length of twenty (20) feet excepting walkway culverts which shall have a minimum length of six (6) feet;
- e) Be surrounded by 6" min. Compacted granular;
- d) Laid to a designated line and grade;
- f) Culvert ends preferred to be rip-rapped. Rip-rapping shall be laid on a solid footing and surround the pipe opening.
## ill) Installation of Entrance Culverts)
- All entrance culverts shall be installed by the land owner and/or contractor at the owner's expense and shall obtain an Entrance/Culvert Permit from the General Manager to have said entrance/culvert installed;
- senore ora gent hal orain the ap instal or eneral an ar
- c) The total cost of the entrance culverts) installation including material, labour, overhead and any other applicable charges to such work, shall be paid by the owner of the land.
## IV) Relocation or Replacement of Existing Culverts
The Municipality shall assume the costs of relocating and/or replacing existing entrance culverts which have been installed by the Township and/or property owner and which at the time of relocating or replacing are in a reasonable condition as determined by the General Manager save and except the Township shall not be responsible for replacing end walls or pavement unless such relocation or replacement are necessitated by and in accordance with the General Manager's direction.
## 8. Penalties and Enforcement
- i) If in the opinion of the General Manager, a boulevard has not been maintained as required by this by-law, the Public Works Superintendent, his or her designate or a By-law Enforcement Officer, may issue an order requiring the owner to bring their boulevard into compliance with the provisions of this by-law.
2. ii) No person shall fail to comply with regulations as set out in this by-law.
3. ili) If any, firm or Corporation who contravenes a provision of or an order issued pursuant to this by-law is guilty of an offence and shall be assessed a penalty as outlined in Schedule B of this By-law.
4. iv) Where anything required to be done by an owner in accordance with this by-law is not done, the municipality may do so, and recover the cost of so doing by adding the cost to the tax roll of the real property adjoining the
boulevard, and collecting the cost in the same manner and with the same priority as municipal taxes.
- v) This By-law is in conjunction with and also enforced under the provisions of the following by-laws: Official Plan, Zoning, Property Standards, Cleaning of Land, and Fences.
## 9. Appeal Process:
- i) If any person, firm or Corporation receives an order and wishes to appeal said order, they may do so, within five (5) working days, submit a written appeal to the Public Works Committee; and their decision will be final.
## 10. Conflict/Validity
- i) That By-law 48 of 2011 be repealed and replaced with this by-law.
2. ii) Where a provision of this By-law conflicts with the provisions of another By-law in force in the Township, the provision that establishes the higher standard to protect the health, safety and welfare of the general public shall prevail.
If a court of competent jurisdiction declares any provision or a part of a provision of the By-law to be invalid or to be of no force and effect, it is the intention of Township that the remainder of this By-law shall continue to be in force.
## 11. Enactment
- This By-law shall come into force and take effect immediately upon the final passing thereof.
READ A FIRST AND SECOND TIME THIS \_16th\_DAY OF \_January, 2017. READ A THIRD TIME AND FINALLY PASSED THIS 16" DAY OF January, 2017.
<!-- image -->
<!-- image -->
Stan
Mayor - Todd Case
Administrator/Clerk - Amanda Gubbels
...
## Schedule 'A' to By-law 5 of 2017
## ENTRANCE/CULVERT PERMIT APPLICATION
Name of Applicant:
Address:
Mailing Address:
Phone Number:
Entrance Type: L residential
Address of Proposed Entrance:
Lot #
Con. #
Entrance Specifications:
Width:
Pipe Diameter:
Pipe Length:
Material:
Fax Number:
- [ ] commercial
- [ ] -agricultural
3841-04
Roll #
Special Conditions:
## FOR OFFICE USE ONLY
Site Visit Date:
New Entrance Approved:
Comments:
Fee Received:
PERMIT #:
- [ ] Yes
Staff at Site Visit:
- [ ] ] No
Initials:
- [ ] Yes
- [ ] No
## Schedule 'B' to By-law 5 of 2017
## Maintenance of Boulevards
## Service or Activity Fee Charged to Property Owner*
## New Entrance/Culvert Permit
Obtained from the Warwick Township Office. $150 per entrance/culvert
## Fines for Non-Compliance with Standards
If any, firm or Corporation who contravenes a provision of or an order issued pursuant to this by-law is guilty of an offence and shall be assessed a penalty as follows:
- a) First Offence
- b) Second Offence
- C) Third or More
$250.00
$500.00
$1,000.00
## Township undertakes to complete the work.
Where the Township undertakes to complete the work, 100% of the required to comply with any final order, for cost of the all work performed necessary work, plus a further administrative fee of an additional 25%.
Actual cost reimbursement plus 25%.
## Township Administration Fee for Non-Compliant Properties
An administration fee of 15% will be added to all invoices to property owners receiving invoices because of non-compliant properties.
15% of total invoice applied to property
*Where anything required to be done by an owner in accordance with this by-law is not done, the municipality may do so, and recover the cost of so doing by adding the cost to the tax roll of the real property adjoining the boulevard, and collecting the cost in the same manner and with the same priority as municipal taxes.