HomeMy WebLinkAboutChapter 895 - Boulevard Beautification and MaintenanceKITCHENER 895.1 FEBRUARY 2024
STREET Chapter 895 BOULEVARD BEAUTIFICATION AND MAINTENANCE
TABLE OF CONTENTS
Article No. Title Page No. Article 1 ............................. Interpretation .......................................................................... 2
Article 2 ............................. Application .............................................................................. 4
Article 3 ............................. Boulevard Improvement ......................................................... 4
Article 4 ............................. Boulevard Maintenance .......................................................... 4
Article 5 ............................. 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
Article 14 ........................... 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 ..................................................... 11
BOULEARD BEAUTIFICATION AND MAINTENANCE
KITCHENER 895.2 FEBRUARY 2024
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,
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KITCHENER 895.3 FEBRUARY 2024
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.O. 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.
895.1.24 “administrative penalty by-law” means the Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof. 895.1.25 “designated provision” means any section of this Chapter designated in
accordance with Article 17.
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KITCHENER 895.4 FEBRUARY 2024
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. 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
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KITCHENER 895.5 FEBRUARY 2024
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; 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:
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KITCHENER 895.6 FEBRUARY 2024
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; 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 895.7.1 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; I) 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;
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KITCHENER 895.7 FEBRUARY 2024
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.
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
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KITCHENER 895.8 FEBRUARY 2024
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. 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
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KITCHENER 895.9 FEBRUARY 2024
ensuring the placement of sod or grass seed and shall not be obliged to restore any improvements made to the boulevard by the owner.
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
BOULEARD BEAUTIFICATION AND MAINTENANCE
KITCHENER 895.10 FEBRUARY 2024
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; 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.
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895.17.3 Articles 2 and 3 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies.
895.17.4 Any person shall be liable to pay an administrative penalty and any
administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 895.17.5 The Provincial Offences Act continues to apply to the provisions of this
by-law in addition to the designated provisions of this by-law.
895.17.6 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or
owners are responsible for paying the administrative penalty under Section
895.17.4. Article 18
ADMINISTRATIVE PROVISIONS
895.18.1 This Chapter shall be known as the "Boulevard Beautification and Maintenance By-law".
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.
By-law 2018-066, 25 June 2018; By-law 2024-015, 22 January 2024.