Whereas the Provincial Government is responsible for building and maintaining barriers between residential properties and the 400 series Highways; and,
Whereas in previous years, municipalities and developers installed back lot fencing on private property which would preclude maintenance and replacement costs for the municipality and the province; and,
Whereas changes are now being made to install such fencing and barriers on public property, thus acknowledging municipal and provincial maintenance responsibilities in the future when required; and,
Whereas the lands north of the 407ETR and east of Markham Road have a residential sub-division that backs onto the 407ETR; and,
Whereas the housing development and the fence predated the highway, although they were planned with the coming of the highway in mind; and,
Whereas the fence is approximately 20 years old, ranging in height from 12 – 14 feet and is deteriorating badly.
Whereas the 407ETR has received complaints from various homeowners since 2010-2011; and
Whereas the 407ETR and the Province has failed to accept responsibility for fence maintenance for the residents that reside on Rougehaven Way and Schouten Crescent, which back on to the 407ETR; and,
Whereas the 407ETR have recently installed a chain link fence on the 407ETR property which is not satisfactory for safety, noise and pollution; and,
Whereas the Province is now replacing similar walls and fences along sections of the 401 at Keele, in Durham and at the intersection where Highway 412 meets the 401 Highway, all on public property; and,
Whereas the 407ETR continues to increase in usage and the residents that live behind, should be protected from noise, pollution, safety, and from having to maintain such a major sound barrier fence,
Now therefore be it resolved:
That the Province be requested to regrade the entire area between the resident’s property line and the 407 ETR at their cost,
That the Province builds a new fence or wall similar to the others along the 401 Highway on public lands and not private property,
That the Province have an agreement with the 407ETR to ensure that this area is maintained to ensure no further maintenance issues in the future for the residents.
That a copy of this motion to be sent to the Honourable Doug Ford, Premier of Ontario, Minister of Transportation Caroline Mulroney and Paul Calandra local MPP for their consideration.