Fence and Retaining Wall Regulations

TOWN OF PARADISE FENCE AND RETAINING WALL REGULATIONS, 2013

1.Title

These Regulations may be cited as the Town of Paradise Fence and Retaining Wall Regulations, 2013.

2. Interpretation

In these Regulations, unless the context otherwise requires:

a) "Act" means the Municipalities Act, 1999, SNL 1999 Chapter M-24 as amended.
b) "Building Line" means a line established by the Town to set the horizontal distance between the closest point of a building and the Street Line.
c) "Corner Lot" means a lot flanked by two intersecting streets.
d) "Council" means the Town Council of the Town of Paradise.
e) "Fence" means a physical barrier which separates or divides any parcel of land or part thereof from any other parcel of land or part thereof including railings, walls (except the wall of a building), boards, line of posts, wire, Retaining Walls (projections above the finished Grade), gates and/or any other similar substance used for the purposes of separating parcels of land or part thereof and include hedging used along the Front Lot Line.
f) "Fence Height" means the vertical distance from the established Grade to the top of the Fence surface.

g) "Flanking Street" means any street on which a lot may front but does not include the street on which a lot has its civic address.
h) "Front Lot Line" means the Street Line on which the lot has its civic address, except where a lot has two or more Street Lines, in which case the Council shall determine the Front Lot Line.
i) "Front Yard" means a yard extending across the full width of the lot from the Front Lot Line to the front wall of the main building on the lot.
j) "Fully Serviced Lot" means any lot in an area that is serviced in full with municipal water, municipal sewer, municipal storm sewer, and curb and gutter.
k) "Grade" means the surface of the ground below a Fence at each location where a structural support is embedded in the ground, or the point at which the lowest elevation of any part of the Retaining Wall contacts the surface of the ground.
l) "Nuisance Condition" means any condition of a Fence or Retaining Wall that is deemed to be an eyesore due to use of non-approved construction materials, poor maintenance, poor construction, graffiti and/or advertisements.
m) "Owner" means the legal entity having title to a property.
n) "Person" means any person, firm, partnership, association, corporation, company, co-operator, club, society, or any other corporate body or organization of any kind.
o) "Rear Lot Line" means a lot line or lines opposite the Front Lot Line.
p) "Rear Yard" means a yard extending across the full width of the lot between the Rear Lot Line and the rear wall of the main building of the lot and also includes the lot area between the front comers of the main building and the Side Lot Line.
q) "Retaining Wall" means any structure built to resist lateral pressures, prevents the movement of a mass of earth or water and/or abruptly and artificially changes the elevation of the ground surface on a property (except the wall of a building).

r) "Retaining Wall Height" means the total vertical distance from the established Grade to the top of the Retaining Wall regardless of terracing or other change in horizontal location from Grade to the top of the structure.
s) "Side Lot Line" means a lot line or lines other than a Front Lot Line or a Rear Lot Line.
t) "Side Yard" means the area of the lot between the side wall of the building and the Side Lot Line.
u) "Snow Fence" means a temporary light Fence of lath and wire or of polyethylene mesh and used to redirect snow drifting.
v) "Street Line" means the edge of a street, road or highway reservation as defined by the Authority having jurisdiction.
w) "Town" means the Town of Paradise.

3. Conformity with Regulations

No Person shall erect, maintain, repair or relocate a Fence or Retaining Wall except in accordance with these Regulations.

4. Permit Required

No Person shall erect, alter, repair or relocate a Fence or Retaining Wall unless the Town approves the location and plan for the Fence or Retaining Wall and a permit has been issued for its construction, alteration, repair and/or relocation.

5. Form of Application

An application to construct a Fence or Retaining Wall shall be made to the Town only by the Owner or by a Person authorized by the Owner on such form as may be prescribed by the Town. Every application shall include such plans, specifications and drawings as the Town may require, and be accompanied by the required permit fee.

FENCES

6. General

a) No Person shall erect a Fence that projects into or onto the road reservation.
b) Customary fencing around tennis courts and other recreational amenities shall be exempt from height restrictions but shall comply in all other respects with the terms of these Regulations.
c) It shall be the responsibility of the Owner to ensure that a Fence does not impede, obstruct or alter the flow of water drainage.
d) Fences shall not be constructed to impede access for firefighting purposes and shall not enclose or be within five feet (5') of a fire hydrant.

7. Fence Construction Materials

The material(s) used in the erection and repair of a Fence shall only be of a type approved by the Town.

8. Wooden Posts

a) All wooden posts required for the erection and construction of a Fence shall be:
- i) Installed at a minimum depth of 600 mm below Grade and if not pressure treated, coated with a wood preserver for that portion of the fence post situated below Grade; and
- ii) Anchored by means of a concrete footing or wooden shoe and the concrete footing or wooden shoe shall be covered by soil.
b) All corner posts shall be installed a minimum depth of 900 mm below Grade and anchored by a concrete footing or wooden shoe which must covered by soil.

9. Metal Posts

a) All metal posts required for the erection and construction of a Fence shall be installed in accordance with the following requirements:

i) All corner posts shall be installed a minimum depth of 900 mm below Grade and anchored by a concrete pier footing; and
ii) All line posts shall be installed a minimum depth of 600 mm below Grade and anchored by a concrete pier footing.

10. Electrical and Barbed Wire Fences

a) No Person shall erect an electrical Fence on any land except where required to contain livestock or protect agricultural crops where such used are permitted.
b) No Person shall erect a Fence consisting wholly or partly of barbed wire or other barbed material on a residential lot or in a residential use zone.
c) Barbed wire may be used:
- i) Along the top of a Fence in excess of 2.1 metres enclosing a lot used for commercial or industrial purposes provided the industrial or commercial lot does not abut a residential lot or residential use zone; or
- ii) To contain livestock or protect agricultural crops or land where such uses are permitted.

11. Fence Maintenance

a) Every Person who owns a Fence shall maintain such Fence in a good state of repair. For purposes of this section, good state of repair shall mean:

i) The Fence is complete, structurally sound, plumb and securely anchored;
ii) Protected by weather resistant materials;
iii) Fence components are not broken, rusted, rotten or m a hazardous condition;
iv) All stained and painted Fences are maintained in a visually appealing manner; and
v) The Fence does not present an unsightly appearance deleterious to the abutting land or neighborhood.

12. Clear View

No Fence shall be permitted to be erected that obscures a clear view of street intersections, pedestrian pathways, driveways or other points of access or egress of vehicles or pedestrian traffic.

13. Properties Abutting a Park, Public Path/Trail or Right of Way

The Town shall determine the location, style, type, and height of a Fence to be erected, relocated or repaired on any property that abuts a park, public path/trail or right of way.

14. Residential Lot - Front Yard

a) A Fence is not permitted in the Front Yard of any lot that is considered by the Town to be a Fully Serviced Lot unless that lot abuts a park, public path/trail or right of way and is approved by the Town in accordance with Section 13 of these Regulations.
b) On residential building lots, other than Fully Serviced Lots, a Fence may be permitted in the Front Yard of the lot under the following circumstances:
- i) The distance from the Building Line to the Front Lot Line is 10.0 metres or greater, the Fence Height does not exceed 1.8 metres in height and is setback 3.0 metres from the Front Lot Line.
- ii) For the purpose of acting as a Retaining Wall provided the Retaining Wall does not impede sight distance. Any Retaining Wall constructed on the property, included but not limited to the Front Yard must meet the specifications contained in Sections 21 to 26 of these Regulations.

- iii) On property boundaries, other than the front boundary, bordering public walkways, trails and paths, a Fence may be permitted in accordance with Section 13 of these Regulations.

15. Residential Lots - Rear Yard

Unless otherwise specified by the Council, the maximum height of a Fence erected or constructed for residential purposes in the Rear Yard shall not exceed 1.8 metres in height above Grade.

16. Rear Yard Fences Abutting Streets

No Person shall erect or construct a Fence along the Rear Lot Line of a lot that abuts a highway or street unless it is in accordance with a style, type, and height of Fence as determined by Council.

17. Fence on Industrial, Commercial or Agricultural Properties

A Fence not exceeding 2.7 metres in height above the adjoining ground level shall be permitted around the perimeter of any parcel of land used for industrial, commercial or agricultural purposes wherever such land does not abut a residential use. Fences that abut a residential use are permitted provided the Fence is constructed in accordance with the provisions set out in Section 14 and Section 15 of these Regulations.

18. Flanking Street on Corner Lots

a) A Fence is permitted to be constructed on the lot between the property boundary on the Flanking Street and the wall of the dwelling on a Comer Lot provided:

i) The Fence is setback from the property boundary on the Flanking Street a minimum of 3.0 metres, unless otherwise specified by Council.
ii) The Fence cannot extend beyond the property line.
iii) The height of the Fence that extends beyond the wall of the dwelling on the Flanking Street and along the Flanking Street:
- i. Shall not create a visible obstruction at the intersection of the two streets;
- ii. Shall be determined by Council; and
- iii. Shall under no circumstances exceed 1.8 metres.
- iv Under no circumstances will the Fence be permitted to extend beyond the wall fronting the street on which the dwelling has its civil address.

19. Snow Fence

No Person shall erect or maintain a Snow Fence for the period of May 1 to October 31 in any year on land used for residential or commercial purposes unless the Snow Fence is used, with Council's approval, as a temporary safety measure around excavations.

20. Swimming Pool Fence

a) All swimming pools in excess of 0.91 metres (3 feet) deep, permanently or temporarily located outdoors either above or below ground, or partly there above or there below, must be enclosed or fenced.
- i) A 1.8 metre Fence shall be erected and maintained completely surrounding the swimming pool area of the lot. The Fence shall be located so as to maintain a minimum separation of 1.8 metres between any portion of the swimming pool and the Fence. The Fence, used to surround the swimming pool, shall be of a type that restricts the view of the pool from beyond the exterior of the Fence and would impede the unauthorized passage either through, under, or over the Fence to the pool area with a gate that shall be locked.
b) Notwithstanding Section 20 (a), in the case of a hot tub that is equipped with a locking cover and the cover is kept locked in place when the hot tub is not is use, fencing shall not be required.

RETAINING WALLS

21. Retaining Wall Construction

a) Retaining Walls with a height of 1.22 metres (4 feet) or greater shall be designed by a professional engineer licensed to practice in Newfoundland and Labrador. The design engineer shall provide the Town with written verification that the Retaining Wall has been constructed as per the submitted design drawings.
b) Where applicable, Retaining Walls shall be equipped with a guard as required by the National Building Code of Canada.
c) Retaining Walls shall not conflict with site grading requirements m new subdivisions unless approved by the Town.
d) The material(s) used in the erection and repair of a Retaining Wall shall include wood, concrete, interlocking brick/block, gabion baskets or as otherwise approved by the Town.
e) All wooden materials used in the erection and construction of any portion of a Retaining Wall that is located below Grade shall be pressure treated or coated with a wood preserver.

22. Location of Retaining Wall

a) No portion of a Retaining Wall is permitted to project beyond the front boundary into the right of way of any street.
b) On Flanking Streets, no portion of a Retaining Wall is permitted to project beyond either the front boundary on the Flanking Street into the right of way of any street.
c) On any streets where, in the opinion of the Town, the distance between the property line and a street and/or roadside ditch is not adequate to reasonably prevent the likelihood of damaging the structure during normal maintenance, ditching or snow clearing operations, the Retaining Wall shall be set back from the property line a distance established by the Town.
d) Retaining Walls are not permitted on utility easements and may only be constructed on Town easements at the discretion of the Town.

23. Protrusions

No Person shall erect a Retaining Wall having protrusions along any exposed vertical surface.

24. Retaining Wall Maintenance

a) Every Person who owns a Retaining Wall shall maintain such Retaining Wall in a good state of repair. For purposes of this section, good state of repair shall mean:

i) The Retaining Wall is complete, structurally sound, plumb and securely anchored;
ii) Retaining Wall components are not missing, broken, rusted, rotten or in a hazardous condition; and
iii) The Retaining Wall does not present an unsightly appearance deleterious to the adjacent land or neighbourhood.

25. Clear View

No Retaining Wall shall be permitted to be erected that obscures a clear view of street intersections, pedestrian pathways, driveways, or other points of access or egress of vehicles or pedestrian traffic.

26. Properties Abutting a Park, Public Path/Trail or Right of Way

The Town shall determine the style, type and height of a Retaining Wall to be erected, relocated or repaired on any property that abuts a park, public path/trail or right of way.

COMPLIANCE

27. Compliance with Regulations

a) A Fence or Retaining Wall that legally exists and is not in accordance with the provisions of these Regulations shall be considered a non-conforming Fence or Retaining Wall which may continue to exist provided:
- i) The Fence is constructed within the property Owner's lot lines; and
- ii) The Fence or Retaining Wall is maintained in a good state of repair, is not deemed to be a safety hazard and/or is not deemed to be an obstruction by the Council.
b) A non-conforming Fence shall not be enlarged, extended, reconstructed, replaced or altered structurally with a Fence which differs in height, type, style or material used in the erection or construction of the existing Fence.
- i) A Fence or Retaining Wall which requires repairs, alterations and/or replacement of more than 50% of its original supporting structure (i.e. posts, supporting rails etc.) must be replaced with a Fence or Retaining Wall that is constructed in accordance with these Regulations.
- ii) Any Fence that is located in the Front Yard of a property may only be replaced in accordance with Section 14 of these Regulations.

28. Order to Remove

When in the opinion of the Town, a Fence or Retaining Wall, or portion of a Fence or Retaining Wall creates a safety hazard, obstruction or Nuisance Condition due to its location, height, construction material, dilapidated state of repair and/or damaged condition, the Town may issue an order to the Owner stating that the Fence or Retaining Wall or portion of a Fence be removed, repaired, relocated to correct the safety hazard, obstruction or Nuisance Condition at the Owner's expense.

29. Authority to Remove

The Council and/or the Court has the power to make an order for the removal of any Fence or Retaining Wall erected contrary to the Regulations or deemed to be a safety hazard, obstruction or Nuisance Condition. Should such an order not be complied with in the time specified, the Council may remove the Fence at the Owner's expense.

30. Damage to Retaining Walls

The Council shall accept no liability, financial or otherwise for damages caused to Retaining Walls during normal maintenance operations including but not limited to snow clearing and ditching.

31. Right of Entry

Pursuant to Section 51 of the Urban and Rural Planning Act, 2000, Council or its duly authorized agents have the authority to enter a property for the purposes of inspection or to carry out work as required under these Regulations.

32. Failure to Comply

a) Pursuant to Section 404 (5) of the Act, where a Person to whom an order is directed does not comply with the order or part of an order made under Section 29 of these Regulations, Council may take the action that it considers necessary to carry out the terms of the order and any costs, expenses or charges incurred by Council in carrying out the terms of the order are recoverable from the Person against whom the order was made as a civil debt owed to Council and are subject to enforcement mechanisms under Section 421.2 of the Act.
b) Council may delegate to an official or employee of Council the power to issue orders under this section.
c) Council, its employees, servants or agents shall be saved harmless from any and all claims arising out of the action of Council, its employees, servants or agents in the process of inspecting and/or carrying out work under these Regulations, except in the case of gross negligence.

33. Penalties

a) Pursuant to Section 419 (2) of the Act, each day upon which the same offence is committed or continued is a separate offence;
b) Every Person who is guilty of an offence under these Regulations or who acts in contravention of or fails to comply with any provision thereof, or neglects or refuses to do so:
- i) Shall be liable to penalties as stipulated in accordance with Section 420 of the Municipalities Act, 1999;
- ii) Shall be subject to an order under Section 404 (1) (i) of the M unicipalities Act, 1999;

- iii) Shall be subject to a violation notice issued under Section 421.1 (1) of the Municipalities Act, 1999; or
- iv) Shall be issued a ticket under the Provincial Offenses Act in accordance with Section 421.2 of the Municipalities Act, 1999.

34. Coming Into Effect

These Regulations shall come into effect on the 23rd day of August, 2013 A.D.

35. Publication

A notice of these Regulations was published in The Shoreline on the 22°d day of August 2013 A.D. and Gazetted on the 23rd day of August, 2013 A.D.

36. Copy to Minister

A copy of these Regulations was sent to the Minister of Municipal Affairs on the 19th day of August, 2013 A.D.

37. Repeal of Previous Regulations and Amendments

All previous Town of Paradise Fence Regulations and Town of Paradise Retaining Wall Regulations \and amendments are repealed.