Item - 2011.PW5.4

Tracking Status

PW5.4 - Amendments to Chapter 743, "Use of Streets and Sidewalks", of the Toronto Municipal Code - Consultation Plan

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on July 12, 13 and 14, 2011, adopted the following:

 

1.         City Council direct the Acting General Manager, Transportation Services to make the proposed amendments to Toronto Municipal Code Chapter 743, "Use of Streets and Sidewalks" available on the City’s website for interested parties to provide feedback.

 

2.         City Council direct the Acting General Manager, Transportation Services to organize four open houses, one in each Community Council district, to allow the public and Ward Councillors to ask questions about, and comment on, the proposed amendments.

 

3.         City Council direct the Acting General Manager, Transportation Services to hold a consultation meeting with the city's Resident and Business Improvement Area associations.

 

4.         City Council direct the Acting General Manager, Transportation Services to report back to Public Works and Infrastructure Committee by the end of 2011 on the results of this consultation process, and present a final draft Streets By-law for consideration and approval, incorporating any necessary adjustments arising from the consultation process.

 

5.         City Council direct the Acting General Manager, Transportation Services, the Chief Building Official, and the Chief Planner and Executive Director, City Planning, and interested Members of Council to consult with representatives of the development industry with the goal of developing Municipal Code policies or provisions for occupancy of public space to minimize and reduce construction staging on public sidewalks and streets, taking into account other potential mechanisms to reduce impacts such as zoning setbacks and construction methods, all with a view to providing pedestrian facilities of an appropriate dimension and beautiful aesthetics both during and after construction, and to report back to Public Works and Infrastructure Committee by no later than March 31, 2012.

Background Information (Committee)

(June 7, 2011) Report from the Acting General Manager, Transportation Services, on Amendments to Chapter 743, "Use of Streets and Sidewalks", of the Toronto Municipal Code - Consultation Plan
https://www.toronto.ca/legdocs/mmis/2011/pw/bgrd/backgroundfile-38907.pdf
(June 7, 2011) Appendix 1 - Description of Draft Articles - Chapter 743, Use of Streets and Sidewalks
https://www.toronto.ca/legdocs/mmis/2011/pw/bgrd/backgroundfile-38908.pdf
(June 7, 2011) Appendix 2 - Summary: Comparison of Existing and Proposed Legislation
https://www.toronto.ca/legdocs/mmis/2011/pw/bgrd/backgroundfile-38909.pdf
(June 7, 2011) Appendix 3 - Proposed Amendments to Chapter 743, Use of Streets and Sidewalks
https://www.toronto.ca/legdocs/mmis/2011/pw/bgrd/backgroundfile-38910.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Kristyn Wong-Tam (Carried)

That City Council direct the Acting General Manager, Transportation Services, the Chief Building Official, and the Chief Planner and Executive Director, City Planning, and interested Members of Council to consult with representatives of the development industry with the goal of developing Municipal Code policies or provisions for occupancy of public space to minimize and reduce construction staging on public sidewalks and streets, taking into account other potential mechanisms to reduce impacts such as zoning setbacks and construction methods, all with a view to providing pedestrian facilities of an appropriate dimension and beautiful aesthetics both during and after construction, and to report back to Public Works and Infrastructure Committee by no later than March 31, 2012.

Vote (Amend Item (Additional)) Jul-14-2011 3:04 PM

Result: Carried Majority Required - PW5.4 - Wong-Tam - motion 1
Total members that voted Yes: 31 Members that voted Yes are Paul Ainslie, Maria Augimeri, Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 14 Members that were absent are Ana Bail„o, Michelle Berardinetti, Raymond Cho, Mike Del Grande, Doug Ford, Mark Grimes, Peter Milczyn, Ron Moeser, Cesar Palacio, John Parker, James Pasternak, David Shiner, Karen Stintz, Michael Thompson

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Jul-14-2011 3:05 PM

Result: Carried Majority Required - PW5.4 - Adopt the item as amended
Total members that voted Yes: 33 Members that voted Yes are Paul Ainslie, Maria Augimeri, Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 12 Members that were absent are Ana Bail„o, Michelle Berardinetti, Raymond Cho, Mike Del Grande, Doug Ford, Mark Grimes, Peter Milczyn, Ron Moeser, John Parker, James Pasternak, Karen Stintz, Michael Thompson

PW5.4 - Amendments to Chapter 743, "Use of Streets and Sidewalks", of the Toronto Municipal Code - Consultation Plan

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Committee Recommendations

The Public Works and Infrastructure Committee recommends that:

 

1.   City Council direct the Acting General Manager, Transportation Services to make the proposed amendments to Toronto Municipal Code Chapter 743, "Use of Streets and Sidewalks" available on the City’s website for interested parties to provide feedback.

 

2.   City Council direct the Acting General Manager, Transportation Services to organize four open houses, one in each Community Council district, to allow the public and Ward Councillors to ask questions about, and comment on, the proposed amendments.

 

3.   City Council direct the Acting General Manager, Transportation Services to hold a consultation meeting with the city's Resident and Business Improvement Area associations.

 

4.   City Council direct the Acting General Manager, Transportation Services to report back to Public Works and Infrastructure Committee by the end of 2011 on the results of this consultation process, and present a final draft Streets By-law for consideration and approval, incorporating any necessary adjustments arising from the consultation process.

Origin

(June 7, 2011) Report from the Acting General Manager, Transportation Services

Summary

Effective management of a municipality's public street allowance network is a key responsibility and critical in ensuring public safety, coordination of a multitude of activities and installations, and protection of vital municipal and public utility infrastructure. The importance of this management intensifies in a complex and increasingly dense urban environment like Toronto.

 

A "Streets" by-law is the means by which the municipality manages its public rights-of-ways. Provisions provide the framework (in terms of criteria, application and permitting process, appeals and penalties) for all parties excavating; constructing; doing work; temporarily occupying; conducting various activities and events; enabling certain encroachments and maintenance considerations. A Streets by-law establishes activities that are permitted and prohibited within the road allowance.

 

Prior to amalgamation, the seven municipalities now comprising the City of Toronto all had separate, often dissimilar by-laws and policies governing activities within the public right of way. While a number of elements have already been updated and harmonized under Chapter 743 – Use of Streets and Sidewalks, of the City of Toronto Municipal Code, (including  residential front yard parking, municipal road damage deposits, utility cut permit conditions, publication dispensing boxes, and street events), there are still many regulations relating to other significant, but frequently occurring activities  within the public right of way, such as excavating, temporary street occupations, commercial/industrial boulevard parking, boulevard maintenance and encroachments, that remain subject to the old, disparate by-laws.

 

This assortment of municipal laws is a challenge to administer on a uniform basis, is subject to multiple interpretation, and can confuse the public who view these inconsistencies as both frustrating and inefficient. This report introduces draft amendments to Chapter 743 of the Toronto Municipal Code for review and discussion that create new consolidated sections to uniformly manage the approval and administration of activities such as temporary street occupations, street work, encroachments, sidewalks, walkways and driveways. These amendments also introduce a uniform enforcement and appeal process. The proposed provisions being advanced here accommodate some routine elements that currently require a permit and/or payment of fees as of right, subject to specified criteria. In addition, the provisions provide that property owners and occupiers of land abutting public rights-of-way take reasonable responsibility for maintaining the municipal boulevards adjoining their lots, specifically grass cutting and the maintenance of private landscaping features such as hedges, gardens and other specified encroachments. Finally, of note, provisions are proposed which prohibit dwelling or camping within a street allowance.

 

It is recommended that a public consultation process be initiated to gather further information and feedback. Staff propose to report back to Public Works and Infrastructure Committee with a recommended final draft by-law later this year, taking into consideration refinements that may emerge through the consultation process.

Background Information

(June 7, 2011) Report from the Acting General Manager, Transportation Services, on Amendments to Chapter 743, "Use of Streets and Sidewalks", of the Toronto Municipal Code - Consultation Plan
https://www.toronto.ca/legdocs/mmis/2011/pw/bgrd/backgroundfile-38907.pdf
(June 7, 2011) Appendix 1 - Description of Draft Articles - Chapter 743, Use of Streets and Sidewalks
https://www.toronto.ca/legdocs/mmis/2011/pw/bgrd/backgroundfile-38908.pdf
(June 7, 2011) Appendix 2 - Summary: Comparison of Existing and Proposed Legislation
https://www.toronto.ca/legdocs/mmis/2011/pw/bgrd/backgroundfile-38909.pdf
(June 7, 2011) Appendix 3 - Proposed Amendments to Chapter 743, Use of Streets and Sidewalks
https://www.toronto.ca/legdocs/mmis/2011/pw/bgrd/backgroundfile-38910.pdf

Motions

Motion to Adopt Item moved by Councillor Gord Perks (Carried)
Source: Toronto City Clerk at www.toronto.ca/council