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Fence and Retaining Wall Regulations

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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.
  • 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.

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