Fence By-law 2020-105

1.2 This by-law applies to any residential property, as defined.

1.3 The Clerk will be responsible for the administration of this by-law.

1.4 The Clerk may delegate any of their powers and authorities under this by-law to any Town employee as they deem appropriate.

1.5 A word interpreted in the singular number has a corresponding meaning when used in the plural.

1.6 The imperial measurements included in this by-law are for information only and are intended to be an approximate conversion of the metric measurements, which shall prevail in the event of any conflict.

1.7 This by-law does not apply to:

     a) any fence or privacy screen erected for government or other public purposes by the Town, the County of
     Simcoe or any Provincial or Federal governmental authority;

     b) any property that is subject to a site plan agreement under section 41 of the Planning Act, R.S.O., 1990;

     c) any fence that has been installed pursuant to a subdivision agreement under section 51 of the Planning
     Act, R.S.O., 1990;

     d) where an exemption has been provided by the Appeal Tribunal;

     e) fences that surround a swimming pool, where a permit has been issued in accordance with the
     Swimming Pool Fence By-law;

     f) hedges wholly located in an interior side yard and rear yard;

     g) any fence that has received written permission from the Town; and

     h) fences used solely for agricultural purposes located on agriculturally zoned properties.

1.8 Reference to any act, regulation or by-law is reference to that act, regulation or bylaw
as it is amended or superseded from time to time.

1.9 Where there is a conflict between a provision of this by-law and a provision of any other Town by-law, legislation and/or regulation relating to fences or privacy screens, the provision that establishes the highest standards to protect the health and safety of the public shall apply.

1.10 Where any provision of this by-law conflicts with any provincial or federal act, the regulations at the highest jurisdictional authority shall prevail.

Definitions

2.1 In this by-law, unless the context otherwise requires:

     a) "Appeal Tribunal" means the Appeal Tribunal as appointed by Council to hear appeals of various by-laws.

     b) "Clerk" means the Clerk and their designate of the Town.

     c) "Corner Lot" means a lot situated at the intersection of and abutting onto two or more streets or two
     sections of the same street, provided that the angle of intersection of such street(s) is not greater than 135
     degrees.

     d) "Council" means the elected Council of the Corporation of the Town of Bradford West Gwillimbury.

     e) "Driveway Sight Triangle" means an area of land contained within and determined by measuring from
     the point of intersection of a street line and a driveway, a distance of 4 metres (13.1 feet) along such street
     line and a 6 metres (19. 7 feet) along such driveway, joining such points with a straight line to form a
     triangle.

     f) "Erect" means to construct, put up, assemble, install, alter, reconstruct or replace a fence or privacy
     screen or to cause or permit another person to do so.

     g) "Fence" means a barrier constructed of materials including but not limited to posts, boards, panels,
     wood, fiberglass, lattice, chain link, masonry, wrought iron or similar materials or any combination thereof
     used to define a property lot line or to enclose any outdoor area, but does not include hedges or privacy
     screens.

     h) "Grade" means the level of the ground authorized by grading plans approved by the Town adjacent to
     the fence or privacy screen.

     i) "Hedge" means a continuous barrier of shrubs, bushes, trees or other plantings used to define a property
     lot line.

     j) "Height" means the vertical distance measured between the grade and the highest point of a fence,
     hedge, or privacy screen or any part thereof, directly above. In the case of a fence, hedge, or privacy
     screen located on top of a retaining wall, height shall mean the vertical distance between the top of the
     retaining wall and the highest point of the fence, hedge or privacy screen directly above.

     k) "Highway" includes a common and public highway, street, avenue, parkway, square, place, 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.

     l) "Lot Line" means a boundary of a lot including its vertical projection.

     m) "Lot Line, Exterior Side" means a side lot line which abuts a highway on a corner lot.

     n) "Lot Line, Front" means:

          i. in the case of an interior lot, shall be the lot line abutting a highway;

          ii. in the case of a corner lot, the shorter lot line that abuts a highway;

          iii. in the case of a corner lot with two street lines of equal length, the Municipality may designate either
          street line as the front lot line;

          iv. in the case of a through lot, shall be the longer boundary dividing the lot from the street. In the case
          that both such lot lines shall be of equal length, the Municipality may designate either street line as the
          front lot line.

     o) "Lot Line, Rear" means the lot line or intersection of the side lot lines, opposite to, and most distant
     from, the front lot line.

     p) "Lot Line, Side" means a lot line, other than a front or rear lot line. In the case of a corner lot, the lot
     line that abuts a street shall be identified as the exterior side lot line.

     q) "Officer" includes a person appointed and responsible for the enforcement of the provisions of this by
     law and includes:

          i. Municipal Law Enforcement Officers appointed by the Town;

          ii. Police Officers appointed under the Police Services Act.

     r) "Open Type Fencing" shall mean open chain link fencing or wrought iron fencing spaced no closer than 10
     centimetres (4 inches) apart or similar type of construction with posts no larger than 5 centimetres (2
     inches), that does not obstruct the view of motorists or pedestrians.

     s) "Owner" means the registered owner, occupant, lessee, tenant, mortgagee in possession and/or the
     person in charge of any property.

     t) "Person" means an individual, business, firm, body corporate, corporation, association, or municipality.

     u) "Privacy Screen" means a visual barrier used to shield any part of a yard from view from any adjacent
     property or highway but does not include a fence or hedge.

     v) "Residential Property" means land used for residential purposes.

     w) "Sight Triangle" means the area within a triangle formed by measuring 6 metres (20 feet) along two
     specified intersecting lines along the roadway and a third line joining the terminal points of the two
     measured lines.

     x) "Street Line" means the boundary between a public highway or private street and a lot.

     y) "Town" means Corporation of the Town of Bradford West Gwillimbury.

     z) "Yard" means an open, uncovered space on a lot appurtenant to a building.

     aa) "Yard, Exterior Side" means the yard of a corner lot extending from the front yard to the rear yard
     between the exterior side lot line and the nearest main wall of the principal building or structure on the lot.

     bb) "Yard, Front" means a yard extending across the full width of a lot between the front lot line and the
     nearest main wall of the principal building or structure on the lot.

     cc) "Yard, Interior Side" means a yard other than an exterior side yard, extending from the front yard to
     the rear yard between the interior side lot line and the nearest main wall of the principal building or
     structure on the lot.

     dd) "Yard, Rear" means a yard extending across the full width of a lot between the rear lot line and the
     nearest main wall of the principal building or structure on the lot.

     a) is wholly or partly constructed of barbed wire, chicken wire or other barbed or sharp material;

     b) is wholly or partly constructed from sheet metal or corrugated metal panels, manufactured chipboard,
     wafer board, plywood, or similar manufactured wood products;

     c) is located wholly or partly on Town property, including a highway, unless written permission has been
     granted by the Town; or

     d) contains a device for projecting an electric current, other than to confine livestock for agricultural
     purposes.

3.2 No person shall construct a fence or privacy screen so as to obstruct access to any Town hydro meter, water meter or meter reading device by any employee, Officer or agent of the Town of Bradford West Gwillimbury.

3.3 No person shall erect a fence or privacy screen that is located within 45 centimetres (18 inches) of a Town sidewalk.

3.4 A hedge in the front yard shall not be in excess of the height limits contained within this by-law.

3.5 No person shall erect a fence within a sight triangle.

3.6 No person shall erect a fence within a driveway sight triangle.

3.7 No person shall erect any fence, privacy screen or hedge, which creates a visual obstruction within any highway.

3.8 No person shall erect a fence which contains an opening, gate or similar structure that abuts Town property without receiving written permission from the Town.

     a) Rear Yard: No fence erected in a rear yard shall exceed 2.1 metres (7 feet) in height;

     b) Interior Side Yard: No fence erected in an interior side yard shall exceed 2.1 metres (7 feet) in height;

     c) Exterior Side Yard: No fence erected in an exterior side yard shall exceed 2.1 metres (7 feet) in height;
     and

     d) Front Yard: No fence erected in a front yard shall exceed 0.9 metre (3 feet) in height.

4.2 No person shall erect a fence across the front property line of their property unless located on a corner lot or for the purposes of an entranceway/ornamental gate in compliance with this by-law.

4.3 Where the rear or side yard of any lot abuts the side or rear yard of any other lot, the fence to be erected shall not exceed the requirement of any fence that may be erected on any such abutting lot, that is to say the more restrictive provisions of this by-law shall apply except in those situations set out in clauses 5.1 (a) and 5.1 (b) above; and

4.4 Notwithstanding Section 4.1 (d) and 4.5 (a) of this by-law, no open type fencing shall exceed 1.2 metres (4 feet) in height.

Corner Lots

4.5 No person shall erect a fence on a corner lot except in accordance with the following regulations:

     a) a fence not exceeding 0.9 metres (3 feet) in height may be erected within any part of a front yard; and

     b) a fence having a maximum height of 2.1 metres (7 feet) may be erected in an exterior side yard and
     rear yard.

4.6 No person shall erect a fence or privacy screen within a sight triangle.

4.7 No person shall erect a fence, landscaping, hedging, trees or structures in such a manner as to create an obstruction within a sight triangle or driveway sight triangle. 

Entranceways/Ornamental Gateways

4.8 Section 5.2 does not apply to the erection of an ornamental gateway, entranceway or similar structure located in an estate residential or rural residential zone, as defined in the Zoning By-law.

     a) maintained in good repair;

     b) maintained in a structurally sound condition; and

     c) maintained so that it is not in an unsafe or unsightly condition and reasonably plumb to the ground.

5.2 For the purpose of this section, maintenance of a fence or privacy screen with a surface that has been previously painted, stained, varnished or which has been treated with other similar protective finishes shall be maintained so that such finish does not visibly deteriorate.

     a) that is located within a front yard;

     b) within 0.6 metres (2 feet) of any lot line or street line;

     c) in excess of 3 metres (1 0 feet) in height if constructed at grade level; and

     d) in excess of 2 metres (6.5 feet) in height if constructed on a deck.

6.2 Notwithstanding Section 6.1 (a), a privacy screen may be located in a front yard when erected between adjacent independent entrances of semi-detached, townhouse and link dwellings providing that:

     a) the privacy screen does not extend more than 1.2 metres (4 feet) from the principal building wall;

     b) the privacy screen does not exceed 1.8 metres (6 feet) in height; and

     c) the privacy screen is located at least 45 centimetres (18 inches) from a Town sidewalk and is located
     wholly on private lands.

7.1 Where a proposed or existing fence, hedge or privacy screen does not comply with the provisions of this by-law, the owner of the lot, or an authorized agent of the owner, may request a variance from any of the applicable provisions of this by-law.

7.2 A request for a variance shall be submitted to the Clerk on the application form prescribed by the Town and shall only be deemed to be complete and ready by the Clerk if it includes:

     a) the name, address and contact information of the applicant;

     b) the address of the lot relevant to the variance request;

     c) reference to the specific section(s) of the by-law from which the variance is sought;

     d) a detailed description explaining why the applicant requires the variance;

     e) a description of the fence, hedge and/or privacy screen including the dimensions and the specifications
     of the construction and installation;

     f) a survey or site plan of the lot identifying the location of the fence, hedge and/or privacy screen; and

     g) payment of the non-refundable fee as outlined in the Fees and Charges By-law.

7.3 Upon reviewing an application for a variance the Clerk shall consider:

     a) whether it is in accordance with the general intent and purpose of the by-law;

     b) if approved, would the resulting fence, hedge or privacy screen be in keeping with the surrounding area
     and would there be any negative impact on adjacent lands;

     c) are there any special circumstances and would strict application of the provisions of this by-law result in
     unnecessary difficulty or hardship for the applicant;

     d) comments from the public resulting from the circulation of the  application; and

     e) would approval of the variance result in any impacts to the health, safety or welfare of the public.

7.4 The Clerk shall inform the applicant, as well as any abutting neighbours that submitted objections, by way of written notice setting out the grounds for the decision with reasonable particulars and the right to appeal such decision to the Appeals Tribunal.

7.5 A request for exemption cannot be made to erect a fence on Town property.

Appeal

7.6 A request for an appeal may be made by the applicant or any abutting owner.

7. 7 A request for an appeal to the Appeals Tribunal shall be made in writing to the Clerk setting out the reasons for the appeal within 10 days after service of the written notice of decision and shall be accompanied by an appeal fee set out in the Fees and Charges By-law to the Town.

7.8 Where a request for an appeal is received, a hearing of the Appeals Tribunal shall be convened and the applicant shall be provided reasonable written notice thereof.

7.9 Where an applicant makes a request for an appeal and fails to appear at the time and place scheduled for the hearing of the appeal, or requests an adjournment on the day of the scheduled hearing, the applicant shall pay to the Town an administrative fee established in the Fees and Charges By-law.

Final Binding

7.1 0 Where any person fails to appeal within the prescribed time, the decision of the Clerk is final and binding.

7.11 All decisions made by the Appeal Tribunal are final and binding.

7.12 No person shall fail to comply with a decision of the Appeal Tribunal or Clerk.

Power of Entry- Inspection

8.2 An Officer may enter onto property for the purpose of carrying out an inspection to determine whether or not the following are being complied with:

     a) any provision of this by-law;
     

     b) an order issued under this by-law; or

     c) an order made under section 431 of the Municipal Act.

8.3 The power of entry may be exercised by an employee, officer or agent of the Town.

Obstruction

8.4 No person shall hinder or obstruct, or attempt to hinder or obstruct, any officer who is exercising a power or performing a duty under this by-law.

Order

8.5 If an Officer is satisfied that a contravention of this by-law has occurred, the Officer may make an order requiring the work to be done to correct the contravention.

8.6 An order issued under the authority of this by-law, shall set out:

     a) the municipal address of the property on which the contravention occurred;

     b) the date of the contravention;

     c) the reasonable particulars of the contravention of the by-law;

     d) the date by which there must be compliance with the order;

     e) the date on which the order expires, and

     f) notice that if the work is not done in compliance with the work order by the deadline, the municipality
     may have the work done at the expense of the owner and the cost of the work may be recovered in the
     same manner as municipal taxes.

Service of Orders

8.7 An order may be served by an Officer:

     a) personally upon an owner by serving it to a person on the owner's property who is over the age of 16;

     b) by posting it in a conspicuous place upon some part of the owner's property and by sending a copy by
     ordinary mail, which shall be deemed to have been served on the 5th day after mailing; or

     c) by sending it by prepaid registered mail to the owner at their last known address, where it shall be
     deemed to have been served on the 5th day after mailing.

Work Done by the Town

8.8 If the work required by an order under the provisions of this by-law is not done within the specified period, the Town, in addition to all other remedies it may have, may do the work at the owner's expense and may enter upon the land at any reasonable time for this purpose.

8.9 The Town may recover its costs of remedying a violation of this by-law by invoicing the owner, by instituting court proceedings or by adding the cost, including interest, to the tax roll and collecting in the same manner as municipal taxes in accordance with section 446 of the Municipal Act, 2001 and the exercise of any one remedy shall not preclude the exercise of any other available remedy.

8.10 If the costs for work pursuant the provisions of this by-law are not paid to the Town within 30 days of written demand thereof, the Treasurer for the Town may add the costs, including interest, to the tax roll for the lot and collect them in the same manner as municipal taxes.

Offence and Penalty

8.11 No person shall fail to comply with an order issued pursuant to this by-law.

8.12 Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990, Chapter c. P. 33, as amended.

8.13 Any person who is in contravention of any provision of this by-law, or who fails to comply with an order issued under this by-law shall be deemed to be committing a continuing offence for each day that the person remains in contravention or for each day that they fail to comply with the order.

10.1 By-laws 2002-123 and 2007-014 are hereby repealed in their entirety.

10.2 Notwithstanding the repealing of the above by-laws, they shall continue to apply to any acts, omissions or occurrences and any offences that took place prior to the enactment of this by-law.

Effective Date

11.1 This By-law shall come into force and take effect on the date it is enacted.

Enacted this 17th day of November, 2020.

Original signed by Rebecca Murphy, Clerk and Rob Keffer, Mayor.

Set Fines - Part I