HomeMy WebLinkAboutChapter 895 - Boulevard Beautification and MaintenanceSTREET
Chapter 895
BOULEVARD BEAUTIFICATION
AND MAINTENANCE
TABLE OF CONTENTS
Article No.
Title
Page No.
Article1 .............................
Interpretation..........................................................................2
9
Article2 .............................
Application ..............................................................................
3
Article 3 .............................
Boulevard Improvement.........................................................4
Article 4 .............................
Boulevard Maintenance ..........................................................
4
Article5 .............................
Hard Surfaces........................................................................4
Article 6 .............................
Boulevard Trees.....................................................................5
Article 7 .............................
Prevention of Hazards and Nuisances and
Restrictions on Improvements...........................................6
Article 8 ............................. Safe Zone Beside Sidewalks .................................................. 7
Article 9 ............................. Digging and Excavation .......................................................... 7
Article 10 ........................... Prohibited Actions on Property of the City .............................. 7
Article 11 ........................... City's Authority to Use Boulevards.........................................8
Article 12 ........................... Boulevards on Unassumed Roads or Roads Under
Warranty from Developer..................................................8
Article 13 ...........................
Damage to Boulevard Improvements .....................................
8
Article14 ...........................
Exemptions .............................................................................
9
Article 15 ...........................
Powers of Entry and Inspection Powers .................................
9
Article 16 ...........................
Enforcement Discretion and Interpretation ...........................10
Article 17 ...........................
Offences and Penalties........................................................10
Article 18 ...........................Administrative
Provisions.....................................................10
KITCHENER 895.1 DECEMBER 2018
BOULEARD BEAUTIFICATION AND MAINTENANCE
Article 1
INTERPRETATION
895.1.1 "boulevard abutting their property" means the portion of a boulevard that
abuts or is contiguous to an owner or occupant's property but shall not
include a sidewalk, traffic island, or driveway apron thereon.
895.1.2 "boulevard" means the portion of a road on either side of a roadway.
895.1.3 "boulevard tree" shall mean any tree on a boulevard.
895.1.4 "boulevard tree border" shall mean rocks, stones, pavers or other like
material when used for the sole purpose of creating a border around the
base of a tree for decorative purposes, provided such material is installed
on the existing grade of a boulevard and not dug into the ground.
895.1.5 "City" means The Corporation of the City of Kitchener.
895.1.6 "cm" shall mean centimeters.
895.1.7 "Council" means the Council of the City.
895.1.8 "Director" means the Director of By-law Enforcement or his or her
designate.
895.1.9 "driveway apron" means the portion of a road on a boulevard that provides
vehicular access to and from the roadway and an adjacent property.
895.1.10 "existing grade of a boulevard" shall mean the grade of the boulevard prior
to any work or placement of materials by an owner or occupant on the
boulevard abutting their property.
895.1.11 "hard surface" shall mean hard material that may be used as a walking
surface and shall include without limitation paving stone, flagstone, stone,
gravel, concrete, or asphalt but shall not include a boulevard tree border.
895.1.12 "herbaceous plant" means a plant with a soft stem that is not woody or a
plant that lacks a woody stem persisting above the ground but shall not
include grass.
895.1.13 "infrastructure" includes without limitation any public or private utility
structure, copper or coaxial wire, fibre optic cable, pipe, conduit, pedestal,
cabinet, antenna, vault, support structure, bike facility, bus stop facility,
culvert, noise barrier, fence, guiderail, barricade, traffic island, traffic
control device, sign, street light, traffic light, rail facility, pavement,
subgrade manhole, catch basin, handwell, valve chamber, valve box,
KITCHENER 895.2 DECEMBER 2018
BOULEARD BEAUTIFICATION AND MAINTENANCE
curb, gutter, sidewalk, driveway, mailbox, hydrant, berm, ditch, or
watercourse.
895.1.14 "injure(d)" means any action which causes physical, biological, or chemical
damage.
895.1.15 "noxious weeds" shall mean the plants identified on the Schedule Noxious
Weeds contained in R. R. 0. 1990, Reg. 1096 under the Weed Control Act,
R.S.O. 1990, c. W.5.
895.1.16 "Officer" shall include a municipal law enforcement officer, a by-law officer,
and a member of the Waterloo Regional Police Services.
895.1.17 "Region" means The Regional Municipality of Waterloo.
895.1.18 "road" includes, but is not limited to, a common and public highway, the right
of way, street, avenue, parkway, driveway, square, place, bridge, viaduct or
trestle, any part of which that is intended for or used by the general public
for the passage of vehicle and includes the area between the lateral
property lines thereof as well as any infrastructure thereon.
895.1.19 "roadway" means that part of a road that is improved, designed or ordinarily
used for vehicular traffic including lanes, shoulders, and curb and gutter.
895.1.20 "sidewalk" means that part of a road with a surface improved with asphalt,
concrete or gravel for the use of pedestrians.
895.1.21 "traffic control device" means a sign, lane, meter, marking, space, barrier, or
device painted or erected to guide, regulate, warn, direct, restrict, control, or
prohibit traffic.
895.1.22 "utilities" includes infrastructure such as cables, pipelines, or structures that
that are owned and maintained by the City, Region, or a utility company.
895.1.23 "utility structure" includes a storm sewer, sanitary sewer, watermain, gas,
oil, hydro, telecommunications and traffic control signal equipment,
plant, facilities and structures, whether in, on, over, under, across or along
a City road.
Article 2
APPLICATION
895.2.1 This by-law shall apply on roads under the jurisdiction of the City but shall
not apply on roads under the jurisdiction of the Region.
KITCHENER 895.3 DECEMBER 2018
BOULEARD BEAUTIFICATION AND MAINTENANCE
Article 3
BOULEVARD IMPROVEMENT
895.3.1 An owner or occupant of property may use and improve the boulevard
abutting their property in accordance with the standards of this Chapter.
Article 4
BOULEVARD MAINTENANCE
895.4.1 Every owner or occupant of property shall maintain the boulevard abutting
their property by:
a) keeping grass and weeds trimmed to a height of no more than 8
inches (20.32 cm);
b) keeping herbaceous plants, bushes, and shrubs trimmed to a height
of no more than 30 inches (76.2 cm);
c) ensuring that other than a boulevard tree, no grass, weeds,
herbaceous plants, bushes, shrubs, or other objects encroach onto
or grow over the sidewalk or roadway;
d) ensuring that no grass, weeds, shrubs, bushes, plants other than a
boulevard tree, or other objects exceed 8 inches (20.32 cm) in height
within 60 inches (152.4 cm) of any fire hydrant;
e) ensuring that nothing other than a boulevard tree impedes access to
a fire hydrant;
f) ensuring that nothing other than a boulevard tree impedes access to
or interferes with the proper use or functioning of any infrastructure;
g) ensuring that no grass, weeds, shrubs, bushes, or plants other than
a boulevard tree exceed 8 inches (20.32 cm) in height within 17.72
inches (45 cm) of a sidewalk;
h) keeping it free of brush, noxious weeds, and invasive plants; and
i) keeping it in a tidy condition and free of litter, debris, or an
accumulation of leaves.
Article 5
HARD SURFACES
895.5.1 Every owner or occupant of property shall ensure that any hard surface on
the boulevard abutting their property is:
a) permeable to allow passage of water through to the underlying soil
except for a hard surface that is only used as a border on the
boulevard or tree border and that does not exceed 18 inches (45.72
cm) in width;
KITCHENER 895.4 DECEMBER 2018
BOULEARD BEAUTIFICATION AND MAINTENANCE
b) flush and level with the surface of any abutting sidewalk so that a trip
hazard is not created;
C) placed so it does not exceed the prior ground elevation at the
location of the hard surface;
d) not installed in a manner that directs water to a sidewalk, causes
pooling or ponding or water on a sidewalk, or otherwise causes a
pedestrian slip hazard;
e) not installed in a manner that interferes with water drainage or
stormwater management;
f) not installed within 39.37 inches (100 cm) of the base of any
boulevard tree except if used as a tree border; and
g) not placed within any ditch or in a manner that interferes with ditches,
swales, or drainage structures.
Article 6
BOULEVARD TREES
895.6.1 No person shall:
a) injure a boulevard tree;
b) injure or cut the roots of a boulevard tree;
c) cut down, prune or trim a boulevard tree;
d) use any pesticide or herbicide anywhere on a boulevard including on
a boulevard tree or plant;
e) dig, excavate, or plant anything other than grass within 39.37 inches
(1 metre) of a boulevard tree;
f) dig by any method other than hand -digging within the dripline of the
boulevard tree;
g) place anything in direct contract with the trunk of a boulevard tree
above the existing grade of a boulevard;
h) place any soil, mulch, stones, rock, or other object directly against
the trunk of a boulevard tree above the existing grade of a boulevard;
or
i) plant a tree on a boulevard without authorization of the City.
895.6.2 On a boulevard abutting their property, no owner or occupant of property
shall without authorization of the City:
a) permit a boulevard tree to be injured;
b) permit the injury or cutting of roots of a boulevard tree;
C) permit a boulevard tree to be cut down, pruned, or trimmed;
d) permit use of any pesticide or herbicide anywhere including on a
boulevard tree or plant;
e) permit any person to dig, excavate, or plant anything other than
grass within 39.37 inches (1 metre) of a boulevard tree;
KITCHENER 895.5 DECEMBER 2018
895.7.1
BOULEARD BEAUTIFICATION AND MAINTENANCE
f) permit digging by any method other than hand -digging within the
dripline of the boulevard tree;
g) place or permit anything to remain in direct contact with the trunk of a
boulevard tree above the existing grade of a boulevard;
h) place, or permit any soil, mulch, stones, rock, or other object directly
against the trunk of a boulevard tree above the existing grade of a
boulevard; or
i) permit a tree to be planted without authorization of the City.
Article 7
PREVENTION OF HAZARDS AND NUISANCES
AND RESTRICTIONS ON IMPROVEMENTS
No owner or occupant of property shall place, permit to be placed, or permit
to remain any of the following on a boulevard abutting their property:
a) anything that is protruding, sharp, or dangerous;
b) anything that restricts a sightline of pedestrians, cyclists, or drivers of
vehicles to an intersection, driveway, sidewalk, walkway, travel lane,
or traffic control device or sign;
c) anything that inhibits or obstructs snow removal operations or is
likely to cause damage to a snow plow;
d) where on -street parking is permitted adjacent to a boulevard,
anything that interferes with the ability of a person to exit or open the
doors of a motor vehicle parked beside the boulevard;
e) electrical wiring or any other electrical system;
f) a sprinkler system, plumbing pipe, or other plumbing system;
g) a fence;
h) any loose stone smaller than 2" in diameter;
i) any loose stone or rock larger than 4" in diameter;
j) anything that is likely to overflow on to the street, sidewalk, roadway,
or another person's adjacent property;
k) anything that voids a warranty on grass or sod installation following a
road reconstruction;
1) anything which alone or in combination with any other thing or things
prevents or fails to allow sufficient space for the proper placement of
waste for collection;
m) landscaping of any type that fills in or interferes with ditches, swales,
or drainage structures;
n) landscaping or objects of any type that interfere with or prevent
access to infrastructure; or
o) any vegetable or plant intended or commonly used for human
consumption.
KITCHENER 895.6 DECEMBER 2018
BOULEARD BEAUTIFICATION AND MAINTENANCE
Article 8
SAFE ZONE BESIDE SIDEWALKS
895.8.1 The City wishes to ensure that an area of 17.72 inches (45 cm) on the side
of the sidewalk closest to the roadway is kept free and clear of any hazards
to pedestrians.
895.8.2 No owner or occupant of property shall place, permit to be placed, or permit
to remain any of the following within 17.72 inches (45 cm) of the side of a
sidewalk closest to the roadway on the boulevard abutting their property:
a) anything other than grass, herbaceous plants, wood chips,
mulch, inorganic material, or a hard surface that is level and flush
with the sidewalk;
b) any loose stones; or
c) anything that is likely to cause injury to a cyclist or pedestrian riding
or falling into that area.
Article 9
DIGGING AND EXCAVATION
895.9.1 No person shall dig or excavate on a boulevard in a manner that interferes
with, damages, or is likely to damage buried infrastructure, or without
having obtained proper locates of buried infrastructure.
Article 10
PROHIBITED ACTIONS ON PROPERTY OF THE CITY
895.10.1 No person shall damage, construct, cut, or re -construct a sidewalk or curb
without permission of the City.
895.10.2 No person shall plant or install any material or item in an island or centre
median on any road without the prior written approval of the City.
895.10.3 Despite any other provision of this Chapter, no person shall remove
anything from a boulevard when it has been placed there by the City or its
agents, the Region, a utility company, or any person with permission of the
City unless permitted to do so in writing by the Director or an authorized
agent or employee of the City.
895.10.4 Despite any other provision herein, no person shall alter an area of a
boulevard that is regularly maintained by the City or the Region without
written approval of the City or the Director.
KITCHENER 895.7 DECEMBER 2018
BOULEARD BEAUTIFICATION AND MAINTENANCE
Article 11
CITY'S AUTHORITY TO USE BOULEVARDS
895.11.1 Nothing herein shall restrict the City as owner in its ability to make or permit
any improvements, alterations, or installations on a boulevard or to prohibit
such where warranted in the sole opinion of the City.
Article 12
BOULEVARDS ON UNASSUMED ROADS
OR ROADS UNDER WARRANTY FROM DEVELOPER
895.12.1 For clarity, as this Chapter only applies to roads under the jurisdiction of the
City, it does not apply or grant any permission with respect to any boulevard
on an unassumed road.
895.12.2 The permission to improve boulevards contained within this Chapter does
not apply to boulevards that are still under warranty of the developer as
changes to the boulevard could impact the validity of warranties granted by
the developer.
Article 13
DAMAGE TO BOULEVARD IMPROVEMENTS.
895.13.1 Any improvements to a boulevard are made at the risk of the abutting
property owner or occupant. The City shall not be obliged to restore any
improvements made to a boulevard or property located on or within the
boulevard if it is:
a) damaged by salt or de-icing materials or by any snow removal
equipment;
b) damaged by any road maintenance activity;
c) vandalized; or
d) damaged by any person without approval of the City.
895.13.2 If a boulevard or property located on or within the boulevard is damaged
during a road reconstruction or otherwise damaged by any person,
contractor, or agent of the City, the City shall only be responsible for
ensuring the placement of sod or grass seed and shall not be obliged to
restore any improvements made to the boulevard by the owner.
KITCHENER 895.8 DECEMBER 2018
BOULEARD BEAUTIFICATION AND MAINTENANCE
Article 14
EXEMPTIONS
895.14.1 The permission to improve boulevards and requirement to maintain
boulevards contained in this Chapter does not apply in the case of a
boulevard regularly maintained by the City or its agents unless written
permission is obtained from the Director.
895.14.2 The prohibitions and regulations in this Chapter do not apply to:
a) the City or its employees, agents, or contractors, who are acting
within the scope of their duties;
b) placement of waste for pick-up in accordance with the Region's
by-laws;
C) placement of snow on a boulevard abutting the property from which it
was cleared;
d) a person acting to prevent imminent harm to person or property
provided the person complies to the fullest extent reasonably
possibly when undertaking such work;
e) any transmitter or distributor as defined by the Electricity Act, 1998,
S.O. 1998, c. 15, Sched. A;
f) a Canadian carrier as defined by the Telecommunications Act, S.C.
1993, c. 38 when operating under a valid municipal consent
including, without limitation, a Municipal Access Agreement with
the City or in accordance with permission granted by the
Canadian Radio -television and Telecommunications
Commission;
g) a distribution undertaking as defined by the Broadcasting Act, S.C.
1991, c. 11. when operating under a valid municipal consent
including, without limitation, a Municipal Access Agreement with the
City or in accordance with permission granted by the Canadian
Radio -television and Telecommunications Commission;
h) to any entity to the extent that such application is prohibited be either
the Telecommunications Act, S.C. 1993, c. 38 or the Broadcasting
Act, S.C. 1991,c. 11; or
i) installations or maintenance work by Canada Post.
ARTICLE 15
POWERS OF ENTRY AND INSPECTION POWERS
895.15.1 For the purposes of an inspection pursuant to this Chapter, an Officer, or
any agent or representative of the City may:
a) require the production for inspection of documents or things relevant
to the inspection;
KITCHENER 895.9 DECEMBER 2018
BOULEARD BEAUTIFICATION AND MAINTENANCE
b) inspect documents or things relevant to the inspection;
C) require information from any person concerning a matter related to
the inspection; and
d) alone or in conjunction with a person possessing special or expert
knowledge, make examination or take tests, samples, or
photographs necessary for the purposes of the inspection.
Article 16
ENFORCEMENT DISCRETION AND INTERPRETATION
895.16.1 It is not the intention of Council to require removal of landscaping or
improvements due to minor issues of non-compliance with this Chapter
such as instances where landscaping does not meet standards by fractions
of a centimeter or inch. The Director may allow landscaping not strictly in
compliance with this Chapter to remain if satisfied that:
a) the intent and spirit of the Chapter is met;
b) no undue safety hazard is caused; and
c) the City's ability to meet the minimum maintenance standards set out
in Ontario Regulation 239/02 (Minimum Maintenance Standards for
Municipal Highways) is not compromised.
895.16.2 Where measurements are cited in both imperial and metric, the most
permissive measurement shall govern in the case of any conflict.
Article 17
OFFENCES AND PENALTIES.
895.17.1 Every person who contravenes any provision of this Chapter and every
director or officer of a corporation who knowingly concurs in such
contravention by a corporation is guilty of an offence and is liable, upon
conviction, to a fine for each offence, not exceeding ten thousand dollars
($10,000).
895.17.2 The fines amounts set out in section 895.17.1 above are exclusive of costs
and are recoverable under the Provincial Offences Act, R.S.O., 1990, c.
P.33.
Article 18
ADMINISTRATIVE PROVISIONS
895.18.1 This Chapter shall be known as the "Boulevard Beautification and
Maintenance By-law".
KITCHENER 895.10 DECEMBER 2018
BOULEARD BEAUTIFICATION AND MAINTENANCE
895.18.2 It is hereby declared that each and every of the foregoing sections of this
Chapter is severable and that, if any provisions of this Chapter should for
any reason be declared invalid by any Court, it is the intention and desire of
Council that each and every of the then remaining provisions hereof shall
remain in full force and effect.
895.18.3 The Clerk of the City is hereby directed to make this by-law a part of The
City of Kitchener Municipal Code by adding it to the Concordance and
arranging and numbering it so as to fit within the scheme of the Code.
KITCHENER 895.11 DECEMBER 2018