Item - 2011.PW5.4

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.

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.