New by-law approved to regulate boulevards and un-opened road allowances

The City is moving forward with a new by-law to better manage land use on boulevards and un-opened road allowances across the community.

The City has not previously defined permitted uses on City-owned boulevard areas between the edge of roads and property lines. Similarly, better tools are required to enable the City to intervene on un-opened road allowances when un-approved works in these areas create neighbour disputes, liability concerns and safety issues.

In the instance of boulevards, built and landscape elements can block sight lines for traffic as well as create safety and liability concerns related to the maintenance of sidewalks and roads. For example, above-grade masonry work abutting sidewalks could be caught and possibly thrown by snow-removal equipment posing a risk to person and property.

“This allows us to better address issues on City-owned land that have long fallen within a grey area of municipal oversight, ensuring both residents and their property are protected, while providing avenues for dispute resolution,” said Director of Municipal Works Darrell Smith.

Specifically, the new by-law:

• limits the height of landscaping and built elements in boulevards to one metre;
• prohibits the replacement of sod boulevards with hard surfaces or artificial turf, limiting the cost of restoration claims should these areas need to be excavated for utilities; and
• dictates that landscape or built features must be set back from the sidewalk by at least 1.5 metres and at least three metres from the road shoulder should no sidewalk exist.

These stipulations, alongside others in the by-law, and the related enforcement measures provide the City a framework to settle instances of safety concerns in addition to disputes related to the permitted uses of these areas.