By-law No. 0295/2009
Being a by-law to prescribe the height and description of lawful fences in the Township of Addington Highlands and to repeal by-laws #0036/1999 and #0199/2006.
Whereas Section 11 of the Municipal Act, 2001 as amended authorizes municipalities to enact by-laws pertaining to fences;
And whereas Section 98 (1) of the Municipal Act, 2001 as amended provides that a local municipality may provide that the Line Fences Act does not apply to any part of the municipality;
And whereas the Council of the Township of Addington Highlands deems it necessary to regulate the building and maintenance of fences within the Township of Addington Highlands;
Now therefore, the Council of The Corporation of The Township of Addington Highlands enacts as follows:
In this By-law:
1.1 “agricultural property” means land used for the commercial production of crops or raising of livestock and includes cultivation, seeding, and harvesting.
1.2 “construct” shall include reconstruct, erect, and install and “reconstructed”, “constructed”, and “construction” shall have like meaning.
1.3 “fence” includes a railing, wall, hedge, line of posts, shrubs, wire, gate, boards or pickets or other similar materials, or masonry or other similar materials used to enclose or divide in whole or in part a yard or other land, or to provide privacy but does not include a retaining wall.
1.4 “height” means the vertical distance measured between the finished grade at the base of the fence and the highest top rail of the fence. In the case of a fence located on top of a retaining wall, height means the vertical distance between the top of the retaining wall and the highest top rail of the fence.
1.5 “highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended
for or used by the general public for passage of vehicles and includes the area between the lateral property lines thereof under the jurisdiction of The Township of Addington Highlands not including a County or Provincial highway.
1.6 “lot line” means any boundary of a lot or the vertical projection thereof.
1.7 “Flanking Yard” means the space, extended to the rear lot line, between the longest lot line abutting a public highway and the nearest wall of the main building or the building line on a corner lot
1.7 “person” includes an individual, partnership, association, firm or corporation, business entity or club, or any other incorporated or unincorporated group or organization to whom the context can apply in accordance with The Interpretation Act, R.S.O. 1990 c. l.11, as amended.
2.1 The By-law Enforcement Officer duly appointed for the Municipality of the Township of Addington Highlands, and any other official authorized by him, shall administer this by-law.
2.2 The By-law Enforcement Officer is responsible for the administration and enforcement of this by-law.
2.3 A minor variance will not be issued unless approved by Council.
2.4 Any person may seek an exemption from the requirements of this by-law by applying to the Council for a minor variance.
2.5 The Council may grant a minor variance if, in its opinion, the general intent and purpose of the by-law are maintained of if the Council is satisfied, after allowing input from the applicant and property owners within 30 metres (100 feet), that the variance is appropriate.
2.6 The Council may attach terms and conditions to the minor variance, including the dates for which it is to be in effect.
2.7 A minor variance shall be invalid if these terms and conditions are contravened.
2.8 Where notice is to be provided by the Township of Addington Highlands under this by-law, it will be given by prepaid registration mail or personal service to the last known address of the owner of the property on which the fence is located.
3.1 Notwithstanding the provisions of this by-law, any fence that was in lawful existence prior to the effective date of this by-law shall be deemed to comply with this by-law and may be repaired to the same location, height and dimensions as previously existed.
3.2 Any exemption granted by Council pursuant to any preceding fence by-law is hereby continued and may be repaired to the same location, height and dimensions as previously approved.
4.1 No person shall construct a fence that does not comply with the requirements of this by-law, except as provided in Part 6- Exemptions.
4.2 Every person who constructs a fence that does not comply with the requirements of this by-law shall take such action as is necessary to make the fence comply with its requirements by the date specified in the notice given by the Township.
4.3 If a person who is given notice under section 4.2 fails to take action by the date specified in the notice, the Township may do the necessary work at the person’s expense by adding the costs incurred by the Township in doing the work to the tax roll and collecting them in the same manner as taxes.
4.4 Hedges or shrubs grown in a rear yard for the purpose of a fence may not exceed 2.44m (8’) in height.
4.5 No person shall construct or cause to be constructed, any fence on any lands owned by the Township of Addington Highlands or on any highway or road allowance, opened or unopened, or on any Township right-of-way, or easement, without first having received written permission of the Township.
4.6 No person shall install a gate within a portion of a fence that abuts land owned by the Township of Addington Highlands, except where an approved driveway intersects with a highway.
5. Height & Description of Lawful Fences
5.1 Side Yard and Rear Yard
No person shall construct or reconstruct or cause or permit to be constructed or reconstructed a fence or any part thereof in a side yard or rear yard with a height greater than 1.83metre (6 feet), other than a fence constructed on an agricultural property.
5.2 Front Yard
No person shall construct or cause or permit to be constructed a fence in excess of 1 meter (3 feet) in a front yard or flank yard of a registered plan of subdivision unless approved by the Township.
5.3 No person shall construct a fence on his or her property within a sight triangle that is greater than 1 meter (3.3 feet) in height above the centre line of the adjacent highway.
5.5 No fence shall have a surface that is painted, stained, varnished or protected with a similar protective finish, unless the material itself possess characteristics that offer protection against deterioration, such as cedar.
5.7 No fence shall be
- made of sheet metal or corrugated metal panels or include anything that is sharp or protruding such as barbed wire
- constructed of slab wood of any kind
- consisting wholly or partly of barbed wire or other barbed material on a residential property or on a non-residential property that adjoins a residential property, highway or public property
- consisting wholly or partly of electrified wire material on or around a residential property or on or around a non-residential property that adjoins a residential property, highway or public property
6.1 A requirement of this by-law does not apply to a fence that has been exempted from that requirement by a minor variance granted by the Council, under section 2.6, and such fence shall be deemed to be in compliance with this by-law as long as the minor variance remains valid.
6.2 The exemption provided by a minor variance is limited to the specific requirement or requirements from which a fence is exempted by the minor variance, and is subject to any attached terms and conditions.
6.3 That part of a property that abuts municipal, provincial or federal property is deemed to be in compliance with this by-law provided the fence is at least equal to the requirements of this by-law.
6.4 A fence is exempt from this by-law if it is erected on any lands that constitute a public highway, including lands abutting a public highway that are held as a reserve by the municipality or other public authority to separate lands abutting the reserve from the highway, or to lands that are being held by a municipality or other public authority as an unopened road allowance or for future public highway purposes, or
6.5 A fence is exempt from this by-law if erected around any park, or other land owned by the Township of Addington Highlands.
6.6 Notwithstanding the provisions of this by-law, any fence that is in existence prior to the date of the enactment of this by-law shall be deemed to comply with this by-law and may be maintained with the same material, height and dimensions as previously existed including any repair work that may be done to such fence.
7.1 Where a fence has deteriorated to the extent of 50% of its material content, the fence shall be repaired in accordance with the provisions of this By-law.
8. Offence & Penalty Provisions
8.1 Any person who contravenes the provisions of this by-law is guilty of an offence and, upon conviction, is subject to a fine as provided in the Provincial Offences Act and to any other applicable penalties.
8.2 Where anything required to be done in accordance with this by-law is not done, a
person or persons designated by the municipality may recover the cost of so doing by adding the cost to the tax roll and collecting them in the same manner and with the same priority as municipal taxes.
9.1 If a court of competent jurisdiction declares any provision, or any part of a provision of this by-law to be invalid, or to be of no force and effect, it is the intention of Council in enacting this by-law, that each and every other provision of this by-law authorized by law, be applied and enforced in accordance with its terms to the extend possible by law.
10. Application of Line Fences Act
10.1 The Line Fences Act no longer applies to any part of the municipality.
11. Repeal of Previous By-laws
11.1 By-laws #0036/1999 and #0199/2006 respectively, are hereby repealed.
12.1 This by-law comes into force on the day on which it receives third reading and is passed.
Enacted this 2nd day of November, 2009