Bradford West Gwillimbury’s current Fence By-law has been in place since 2002. It was amended in 2007, but only to remove the need for a building permit when constructing a fence.
A report to BWG Council on Tuesday night recommended an update of the 18-year-old bylaw to meet “growing trends and changing needs,” as housing densities increase and lot sizes decrease, creating issues of privacy.
The current by-law sets a maximum fence height of 0.9 metres (3’) in front yards, 1.8 metres (6’) in rear yards, and 1.5 to 1.8 metres (5-6’) in the side yard between houses.
The amended by-law would not change the maximum height in front yards, but would set new maximum fence heights in rear and side yards, of 2.1 metres (7’).
In both by-laws, the fencing must not interfere with sight lines or traffic triangles – leaving approximately four metres on either side of driveways, and 10.67 metres on corner lots.
The new by-law also contains regulations governing privacy screens, for the first time - visual barriers installed to provide increased privacy for a portion of a yard or patio. The maximum height is 1.8 m between front entrances of semi-detached, townhome and link dwellings; 3 metres (10’) at grade and 2 metres on decks, in rear yards.
The by-law specifically states that fences will no longer be a matter for the Building Department. Instead, they will be handled by Bylaw Enforcement which has, since 2015, responded to 41 complaints relating to fencing, 90 percent related to issues of height and 10 percent to structural stability.
The report noted that the changes will allow greater flexibility in fence design, and more uniform enforcement of the rules. Also recommended is an update of the penalties for non-compliance.
Coun. Raj Sandhu noted that the draft by-law gives Enforcement the power to review construction materials – and wondered why, if no permit is required.
“Every once in a while, we’ll come across an instance where a resident decides to put up a screen, a barrier, some sort of way to screen themselves from their neighbours, which might not be built of suitable materials – waferboard, plywood, tarps,” said Brent Lee, Manager of Enforcement.
The by-law will ensure that the materials used are “adequate for that type of purpose,” both esthetically and in terms of safety, he said.
The by-law also establishes an appeal process. If a fence is turned down by staff, residents can take their request to the town’s Appeal Committee. The decision of the committee is final.
The committee only covers only inquiries regarding fence height and materials, not disputes between neighbours who share a fence, over cost or placement.
The Provincial Line Fences Act did cover that kind of dispute between adjacent property owners, but Bradford West Gwillimbury opted out of the provincial program in 2013, passing its own Division Fence By-law. According to that By-law, “Where the owners of adjoining lands cannot agree or reach agreement, costs are allocated in accordance with the Division Fence By-law” – but owners must seek cost recovery through civil action.
As for fences installed on a neighbour’s property, the town recommends getting legal counsel.
The report was received for information. A draft by-law will be brought forward at a future date, for enactment.
Staff suggested, “This by-law should be widely accepted and welcomed within the community,” because it is more permissive and flexible than what was in place before.
