CITY OF WATERLOO
BY-LAW NO. 04 – 094
BY-LAW TO PROVIDE FOR REGULATING THE CONSTRUCTION, MAINTENANCE AND PROTECTION OF BOULEVARDS WITHIN THE CITY OF WATERLOO.
WHEREAS the Municipal Act 2001 as amended provides that the council of a local municipality may pass by-laws in respect of a boulevard over which it has jurisdiction.
NOW THEREFORE the Corporation of the City of Waterloo enacts as follows:
1. DEFINITIONS:
1. In this by-law
(a) "Apron" includes that section of the driveway contained within the road allowance that consists of either asphalt, concrete or interlocking stone;
(b) ‘Back Lot Property" refers to that portion of a property where the rear yard is adjacent to a city or regional road allowance;
(c) "Boulevard" shall mean that portion of the public highway under the jurisdiction of the municipality between the traveled road and the street line not including back lot properties that are within the geographical limits of the City;
(d) "Buffer strip" shall mean minimum border with the following dimensions: the border located at the curb shall be 1 metre and the remaining border around the boulevard shall be 15 centimetres (6 inches);
(e) "City" shall mean the area within the geographical boundaries of the Corporation of the City of Waterloo;
(f) "Director" shall mean the Director of Parks and Works Services or his or her designate;
(g) "Herbaceous plant materials" means a plant without woody above-ground parts, its stem dying back to the ground each year;
(h) "Inorganic Ground Cover" includes but is not limited to gravel, concrete, asphalt, paving stones and interlocking brick;
(i) "Landscape" means to improve the boulevard by planting sod and other plants and generally improving the boulevard in accordance with the terms and provisions of this by-law;
(j) "Maintenance" shall refer to the action required to sustain a boulevard including but not limited to cutting, watering, removing debris or repairing damage to any driveway located within the boulevard area;
(k) "Municipality" means the Corporation of the City of Waterloo;
(l) "Municipal Law Enforcement Officer" means a By-law Enforcement Officer employed by the Municipality;
(m) "Owner" shall mean the owner or occupier of real property adjoining a boulevard;
(n) "Person" includes a corporation, partnership, sole proprietorship and municipality;
(o) "Region" shall mean the Regional Municipality of Waterloo;
(p) "Street line" shall mean the property line dividing the road allowance from the real property of an adjoining owner;
(q) "Turf grass" shall mean a regularly maintained area to a maximum height of 15 centimeters (6 inches) consisting of desirable turf grass species such as blue grass, fescues, perennial ryes and tall fescues;
(r) "Utilities" shall include infrastructures such as cables, pipelines or structures that are owned and maintained by the municipality or other utility companies.
2. BOULEVARDS
2.1 Every owner may sod, landscape or improve a boulevard subject to the following:
(a) An owner shall not permit anything to remain on a boulevard which is dangerous, may injure pedestrians or damage vehicular traffic;
(b) An owner shall not permit anything to remain on a boulevard which impairs the ability to see pedestrians or vehicular traffic including anything which may be located between two residential driveways subject to the City of Waterloo Tree By-law #90-105;
(c) An owner shall not locate any sports equipment on a boulevard including, but not limited to basketball nets, hockey nets, or skateboarding equipment;
(d) An owner may plant herbaceous plants on a boulevard so long as:
(1) The plants do not exceed a height of 45 centimetres (18 inches);
(2) The plants do not impair drainage;
(3) The plants do not exceed a height of 15 centimetres (6 inches);
(4) The buffer strip may contain turf grass, herbaceous plants, wood chips, mulch, concrete, interlocking stone or gravel stone (less than ¾ inches in diameter);
(5) The plants are not of a species identified as goutweed (Aegopodium podagraria), periwinkle (Vinca minor), japanese spurge (Pachysandra terminalis), lilly of the valley (Convallaria majalis), creeping bellflower (Campanula rapunculoides), soapwort or bouncing bet (Saponaria officinalis), or ribbon grass (Phalaris arundinacea);
(e) An owner shall not alter a boulevard so as to create a parking area;
(f) An owner shall not use a boulevard as a parking area;
(g) An owner shall not place inorganic ground cover exceeding ¾" (19 millimetres) in diameter within the buffer strip of the boulevard;
(h) An owner shall maintain a buffer strip on any boulevard that is landscaped with anything other than sod;
(i) An owner shall ensure that any inorganic ground cover located within the buffer strip is confined to that area and does not overflow onto the street or sidewalk.
2.2 No person shall damage any landscaping or improvement on a boulevard except an owner, a contractor hired by the Municipality, the Region, the Municipality or a utility while engaged in construction, maintenance or repairs.
2.3 If any sod from a boulevard or asphalt from the apron of a driveway located within the boulevard is removed or damaged for any reason in the course of any undertaking by the City, the Region or any utility, it shall be replaced as nearly as may be to the condition in which it was prior to that undertaking. Neither the City, the Region, nor any utility shall be obligated to restore any improvements located on any boulevard other than sod and asphalt.
2.4 No person shall install an irrigation system in the boulevard area without written permission from the municipalities.
3. MAINTENANCE
3.1 If in the opinion of the Director a boulevard has not been maintained as required by this by-law, the Director, his or her designate or a by-law enforcement officer may issue an order requiring the owner to bring their boulevard into compliance with the provisions of this by-law.
3.2 The owner shall comply with the order within the time specified in the order.
3.3 No person shall damage, construct or re-construct a sidewalk, curb, apron or driveway located within the boulevard without the written permission of the municipality and, where permission has been obtained, shall complete same to the satisfaction of the municipality at the owner’s expense.
3.4 Every owner must (the proof of which lies upon the owner) contact all utilities, the Region and the Municipality for the purpose of locating all pipes, cables and other property owned or installed by one or more of them not less than 5 (five) days before excavating any part of a boulevard.
3.5 No person shall damage or destroy any pipe, wire, cable or property located on or beneath the surface of a boulevard.
3.6 Where the City or Region regularly maintain that section of a boulevard located at the rear of a back lot property, no owner is permitted to landscape or alter that area of the boulevard.
4. PENALTIES AND ENFORCEMENT
4.1 Every person who contravenes a provision of or an order issued pursuant to this by-law is guilty of an offence and shall upon conviction pay a fine as prescribed by the Provincial Offences Act and every such penalty shall be recoverable pursuant to the said Act.
4.2 Where anything required to be done by an owner in accordance with this by-law is not done, the municipality may do so and recover the cost of so doing by adding the cost to the tax roll of the real property adjoining the boulevard and collecting the cost in the same manner and with the same priority as municipal taxes.
4.3 By-law #96-99 of the Corporation of the City of Waterloo is hereby repealed.
4.4 This by-law shall come into force on the date of the final passing thereof.
PASSED this 16th day of August, 2004.
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MAYOR
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CITY CLERK