Attachment B: Policy #0100-035 Fencing of Community Parks

POLICY MANUAL

PURPOSE

To establish a policy to implement the requirement for fencing to be installed in situations where new park land is being dedicated to the Town and to prescribe standards for such fencing, and to provide a mechanism for considering the installation of fencing by the Town along boundaries of Town owned parks and associated walkways where adjacent property owners are experiencing issues of trespass or other.

DEFINITIONS

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POLICY

1. Where lands are to be dedicated to the Town for park purposes in conjunction with the issuance of approvals for development, the Town shall require that the applicant fence those boundaries of the park, including walkways leading from public or private roads to a park, that are located adjacent to properties that are zoned and are used or proposed to be used for residential purposes, in an effort to discourage trespassing by park users onto private property, private property owners from accessing the park directly from their respective properties and private property owners from encroaching onto park land.

2. The fencing to be installed in accordance with 1. above shall be of 9 gauge chain link construction, coated in black or green vinyl and be installed to a height of 1.52 metres (5.0 feet) above the natural grade, except where walkways leading from public or private roads are concerned in which the fencing shall be 1.22 metres (4.0 feet) in height. Alternative fencing arrangements may be considered and are subject to approval by the Approving Officer.

3. In situations where there are unfenced boundaries associated with existing Town owned parks or walkways leading from public or private roads to a park, and there have been incidents of trespass onto adjacent private property(ies) by park users or other negative effects, the owners of such property may petition Council to erect fencing in accordance with 2. above and Council shall consider the request accordingly. Petitions by property owners must be accompanied by evidence of trespass situations or other negative effects and information which indicates the acceptability or desire for such fencing by the landowners adjacent to the boundary of the park or walkway for which the installation of fencing is being requested. Petitions to Council by property owners shall be considered taking into account the following: a) the extent of trespass or other negative situations being experienced by the petitioners and the evidence submitted to demonstrate same; b) the cost associated with the installation of the fencing being requested and the willingness of the petitioners to cost share with the Town for same. In this regard, the petition to Council should include an indication as to what extent, if any, the petitioners are willing to cost share with the Town; c) what monies, if any, are available in the Town’s budget to undertake the requested fencing; and, d) the number of property owners in the affected area that are supportive of the request for the installation of the fencing and more particularly, in the context of the number of properties which are located adjacent to the park or walkway boundary for which the installation of fencing is being requested. In this regard, the majority of property owners must support the installation of the fencing.

   Should Council determine that the installation of fencing is desirable and warranted as a result of a petition to Council and has approved such installation however, monies are not readily available for undertaking such installation, that particular “fencing project” shall be placed on a waiting list until sufficient monies become available to conduct the fencing installation. In this regard, fencing projects will be placed on the waiting list in the order in which they have been approved by Council.

4. Council and the Approving Officer reserve the right to refer matters related to the fencing of parks as outlined in 1, 2. and 3. above to the Town’s Advisory Committees, where they deem appropriate, in order to obtain the input and advice of such Committees.

5. In situations where fences are owned by the Town and located within public parks, the Town will not allow private landowners to install gates within said fences.

ATTACHMENTS

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DISTRIBUTION

Electronic file Y:\Administration\0340 Policies\50 - Final\0100 - Administration.

RECORD OF AMENDMENTS