TAMRMS#: B06
11.2
REQUEST FOR DECISION
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Bylaw 30/2024 Community Standards Bylaw Amendments
Presented by: Aaron Giesbrecht, Manager Policing Services, Emergency Services
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RECOMMENDED MOTION(S)
recommendation
1. That Bylaw 30/2024, being amendment #3 to Bylaw 12/2010, be read a first time.
2. That Bylaw 30/2024 be read a second time.
3. That unanimous consent be given for consideration of third reading of Bylaw 30/2024.
4. That Bylaw 30/2024 be read a third time.
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SUMMARY
This Bylaw is being presented to Council for consideration in accordance with the direction given by the Standing Committee of the Whole on May 14, 2024. Administration is recommending amendments to the Community Standards Bylaw that will define weed, grass, and ornamental grass. Amendments also include the removal of the term “naturalized area”, provide for an exemption for City owned property and adds in an educational provision regarding alternative landscaping methods.
ALIGNMENT TO COUNCIL DIRECTION OR MANDATORY STATUTORY PROVISION
On May 14, 2024, the Standing Committee of the Whole passed the following motions:
(AR-24-219)
That Administration review options to further amend Bylaw 12/2010 based on the discussion at Standing Committee of the Whole on May 14, 2024.
That the Bylaw be brought to Council for consideration by the end of Q3 2024.
On October 3, 2023, Council approved the following motions:
(CM-23-43)
That Administration present to Council not later than Q2 2024 such new or amended bylaw provisions, policies or other documents as in the opinion of Administration may be required or advisable to:
1. Allow residential landowners a wider scope of permissible vegetation and landscaping options on their properties (including front and side yards) than is currently allowed under the Community Standards Bylaw, including alternatives such as food crops, pollinating gardens, rain garden and xeriscaping.
2. Encourage developers of new subdivisions to create development concepts that will similarly allow new purchasers of their residential lots a wider scope of vegetation and landscaping options; consistent with landowners’ responsibility to comply with the requirements of the Weed Control Act and Weed Control Regulation that noxious weeds must be controlled and prohibited noxious weeds must be destroyed, and with the requirements of land owners and occupiers set out in the City’s Surface Drainage Bylaw.
BACKGROUND AND DISCUSSION
In accordance with CM-23-43, on May 14, 2024, Administration presented proposed amendments to the Standing Committee of the Whole that would allow residential landowners a wider scope of permissible vegetation and landscaping options on their properties, including alternatives such as food crops, pollinating gardens, rain gardens and xeriscaping.
After deliberation, the Committee directed Administration to further review the proposed amendments based on and guided by the discussion of the Committee. This discussion related to two main areas.
1. To revise the definition of weed to only include species that are defined as noxious or prohibited noxious in accordance with the Alberta Weed Control Act; as well as ensure that residents who choose to grow a clover lawn can do so without having to keep it under the proposed 15 cm height restriction, and
2. To revise the appropriate provisions in the bylaw that would prohibit a resident from allowing their clover lawn to encroach onto City or private property.
Administration has put considerable thought into these discussion areas and is recommending that Council consider approving the proposed bylaw without additional revisions.
The reasons for this recommendation are outlined below.
1. Weed definition - Restricting the definition of weed, to only weeds that are defined as Noxious and Prohibited Noxious under the Alberta Weed Control Act, would create a loophole in the legislation that would prevent officers from being able to direct property owners to cut/maintain other nuisance weeds such as dandelion, stinkweed, and foxtail barley. When dandelions are not maintained it is often a leading factor that contributes to complaints about a property’s unsightliness, both residential and commercial, where it can grow in cracks of asphalt and concrete. Although these weeds are not Noxious or Prohibited Noxious under provincial legislation, they can still have a negative environmental impact by competing with native plants and agricultural crops, particularly in disturbed areas. Foxtail barley in particular is a concern because it poses a hazard to pets upon ingestion.
2. Clover encroachment - Revising the proposed bylaw to prohibit clover from encroaching onto City or private property is not enforceable. Enforcement officers would not be able to gather the required evidence to be a position to state with any certainty that clover patches on one lawn had originated from a neighboring lawn. This is due to the fact that clover seed travels through the air after they flower. By adding an unenforceable provision to the bylaw, it may lead to unrealistic expectations and dissatisfaction from residents when officers are not able to take action. Having said this, maintaining clover (and other vegetation such as dandelion) at a height of 15 cm will limit flowering and help reduce or slow down its encroachment to an adjoining property.
As a result of the above, Administration is recommending no further changes to the Community Standards Bylaw than what was previously presented to Standing Committee of the Whole on May 14, 2024.
The proposed amendments are summarized below:
1. Adds a definition of a Weed
This definition will provide guidance and clarity on what vegetation must remain within the current 15 cm maximum height standard and includes but is not limited to weeds listed in the Weed Control Act of Alberta as well as more nuisance type weeds such as dandelions, chickweed, stinkweed and foxtail barley.
The new definition specifically excludes clover as a weed provided that it is kept within the 15 cm maximum height standard that is set for grass when used as a lawn alternative. Clover is also excluded as weed if it is planted in such a way that it is contained within a defined flower bed or shrub bed or container such as a planter or pot.
Although clover is not a Noxious or Prohibited Noxious weed in Alberta, it is still considered a weed species. However, because of clover characteristics, it is an acceptable lawn alternative and was included in the bylaw amendment and has climate resilient qualities. The characteristics include drought resistance, tolerant of mowing and foot traffic, returns nitrogen to the soil, and attracts pollinators. These characteristics make clover an acceptable lawn alternative and supports climate resilient yards. Restricting the growth to a maximum of 15 cm in height will reduce potential growth on to adjacent properties.
2. Adds a definition of Grass and Ornamental Grass
The addition of these definitions provides clarity that Ornamental Grass used for accent landscape purposes are considered exempt from the 15 cm maximum height standard.
3. Removes the definition of “Naturalized Area” and adds in an educational statement regarding alternative landscaping methods
The purpose of these amendments is to remove any perceived barrier that would otherwise prevent a residential landowner from utilizing alternative landscaping methods such as food crops, pollinating gardens, rain garden or xeriscaping in a manner that does not encroach onto City property and is compliant with all other applicable Provincial and Municipal Legislation. For example, a food crop being planted in a front yard is permitted provided that any weeds in the garden are kept under 15 cm and if it has a raised planter, that the structure does not require a permit due to its total height, design or proximity to neighbouring or City property.
4. New Exemption for City Property
A new provision has been added that would exempt City owned and controlled parks, natural areas and boulevard from the 15 cm grass and weed standard. This is meant to align and ensure that public operations service levels are guided through Council direction and allocation of resources/budget vs through the Community Standards Bylaw.
Unrelated to the Community Standards Bylaw, as noted in the May 14th Standing Committee of the Whole report, City Administration approached the Urban Development Institute (UDI) for St. Albert regarding engineering standards and development controls. The UDI group, which is composed of the developers building residential neighbourhoods, are not opposed to the changes as a whole, but currently some of their members’ architectural controls may not align with allowing residents to build gardens in their front yards. UDI is open to amending their architectural controls in the future and will work collaboratively with the City to potentially allow all home owners to build gardens in their front yards if they desire to do so. The City will continue to work with developers to have the option for home owners to have private front gardens in new subdivisions.
Additionally, there are no required changes to the Surface Drainage Bylaw, as the bylaw deals with drainage away from structures and between private properties and does not exclude build landscape elements as long as there is positive drainage towards City infrastructure. The allowance of gardens on private property have always been allowed as per the Municipal Engineering Standards. The more softscape on private property helps increase the amount of water infiltration into the ground and helps with overall maintenance of surface drainage within the municipality.
STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT
Internal engagement was completed during the review of the Community Standards Bylaw. The feedback that was received was considered and informed the proposed draft and recommendations.
Should the revised bylaw be approved, Administration intends on exploring opportunities and making revisions to the City website by the end of Q1 2025, that would provide information to residents on how they can legally implement alternative landscaping options including but not limited to pollenating gardens, food crops and rain gardens. This information would advise residents on what to be mindful of when planting in this fashion as well as what situations may require permits or authorizations.
IMPACTS OF RECOMMENDATION(S)
Financial:
None at this time.
Compliance & Legal:
As noted above, a revision to the bylaw to prohibit clover from encroaching onto City or private property is not enforceable and is therefore not recommended from a legal perspective.
Program or Service:
Should the amendments to the Community Standards Bylaw be approved by Council, it is believed that it will result in an increase in the number of residents who may try and implement alternative and less traditional residential landscaping methods. This could create positive impacts to the environment in terms of pollination and water use reduction.
Organizational:
None at this time.
Risks
If there is an increase in the number of residential properties that implement alternative landscaping options (such as use of clover lawns or food crops), the residents that prefer the look of more traditional landscape methods may express increased concerns about the unsightliness/unkempt look or the impact that clover spread has on their own property.
ALIGNMENT TO PRIORITIES IN COUNCIL’S STRATEGIC PLAN
Not applicable.
ALIGNMENT TO SERVICE DELIVERY
Not applicable.
IMPACTS OF ALTERNATIVES CONSIDERED
If Council does not wish to support the recommendation, the following alternatives could be considered:
ALTERNATIVE 1: Do Nothing.
Financial:
None at this time.
Compliance & Legal:
If alternative one is selected then the bylaw would remain unchanged and Administration does not believe there will be considerable or widespread impacts.
Program or Service:
None at this time.
Organizational:
None at this time.
Risks
None at this time.
ALTERNATIVE 2: Council could propose an amendment to Bylaw 30/2024 after first reading and before third reading to restricting the definition of weed to only weeds that are defined as Noxious and Prohibited Noxious under the Alberta Weed Control Act. The following motion would be applicable:
“That Bylaw 30/2024 be amended by deleting section 2(d) in its entirety and replacing it with the following:
“2(d) Adding the following definition as subsection (v):
“Weed” means a noxious or prohibited noxious weed as defined in the Weed Control Act.”
Financial:
None at this time.
Compliance & Legal:
None at this time.
Program or Service:
None at this time.
Organizational:
None at this time.
Risks
If alternative two is selected, there is risk of increased resident dissatisfaction when enforcement services would not be in a legal position to compel landowners to maintain weeds that are commonly the cause of unsightly/nuisance property complaints (such as dandelion).
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Report Date: December 3, 2024
Author(s): Aaron Giesbrecht
Department: Emergency Services - Policing Branch
Department Director: Everett Cooke
Managing Director: Diane McMordie
Chief Administrative Officer: Bill Fletcher