Annapolis Royal, Nova Scotia - Where History Meets Opportunity

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Planning and Heritage Committee

This By-law shall be known as the PHAC By-law of the Town of Annapolis Royal

1.0 Purpose

The Planning and Heritage Advisory Committee provides advice to Council on the preparation of or amendment of the Municipal Planning Strategy (MPS), Land Use By-law (LUB), Subdivision By-law and other related matters, including all matters concerning the preservation of built heritage within the Town and heritage issues in general.

2.0 Definitions:

In this By-law:

  1. Heritage Act shall mean the Heritage Property Act of the Province of Nova Scotia;
  2. ADPC shall mean the Annapolis District Planning Commission;
  3. CAO shall mean the Chief Administrative Officer of the Town of Annapolis Royal;
  4. Committee shall mean a Planning and Heritage Advisory Committee established pursuant to the Heritage Property Act and the Municipal Government Act;
  5. Council shall mean the Town Council of the Town of Annapolis Royal;
  6. MGA shall mean the Municipal Government Act of the Province of Nova Scotia.

3.0 Composition

  1. PHAC shall comprise seven (7) members at least three (3) of whom shall be members of Council and four of whom shall be members of the public. In the event a third member of Council is not available, the position shall be filled by a member of the public for the duration of the term. Citizens are appointed as volunteers and should demonstrate a strong interest in planning and heritage matters.
  2. The Managing Director or designate of the ADPC shall attend the meetings and the Chief Administrative Officer may attend the meetings and may offer comments and advice on issues before the Committee.
  3. Four members of the Committee shall constitute a quorum.
  4. The Committee shall be governed, where not inconsistent with the MGA and Heritage Act or this By-law, by the general rules of procedure applicable to committees as are contained in the By-laws of the Town of Annapolis Royal.

4.0 Term of Office

  1. The Council shall appoint each of those members for a two year term and the terms shall be staggered.
  2. If a member of the Committee vacates office for any reason at any time before that member’s term shall expire, the Council may appoint a new member to the Committee to hold office for the unexpired term.
  3. Members who are absent from three (3) consecutive monthly meetings of the Committee, unless the absence is caused by illness or is authorized by resolution of the Committee and noted in the Committee’s minutes, shall forfeit their membership on the Committee. Any member who so forfeits his/her membership is ineligible for re-appointment in the next annual process.
  4. A member shall be appointed from one either the Annapolis Heritage Society or the Historical Association of Annapolis Royal.

5.0 Chair and Vice Chair

  1. The chair and vice chair shall be elected by the members of PHAC.
  2. The term of the chair shall be two years, with the election occurring at the first meeting of the Committee in the calendar year of the expiration of the term.
  3. The duties of the chair include:
    • Chair Committee meetings;
    • In conjunction with the CAO and the Committee establish meeting dates for the Committee.
  4. The duties of the vice chair include:
    • To assume the role of the Chair if absent.

5.0 Duties and Functions

5.1 The Planning functions of PHAC are as follows:

  1. Review applications for Municipal Planning Strategy amendments and make recommendations to Council.
  2. Review applications for Land Use By-law amendments and make recommendations to Council.
  3. Review applications for development agreements and make recommendations to Council.
  4. Review any request for recommendation that the Council or the Chief Administrative Officer refers to the Committee and make recommendations to the Council and to the CAO.
  5. Review other matters pertaining to Planning, as required or as directed by Council.
  6. Alert Council to planning related matters.

5.2 The Heritage functions of PHAC are as follows:

  1. In accordance with the Heritage Property Act, identify and assist to designate (with the assistance of the Annapolis Heritage Society), preserve and protect buildings and areas of historic, architectural or cultural value.
  2. Examine, nominate and recommend all properties and areas that deserve protection and designation now and in the future.
  3. Provide Council with reliable advice to assist in making decisions on complex issues involving heritage in the Town.
  4. Facilitate the communities of interest and involvement in heritage conservation.
  5. Promote heritage conservation within the community.
  6. Review applications to substantially alter the external appearance of or demolish a municipal heritage property.
  7. Review any request for recommendation that the Council or the Chief Administrative Officer refers to the Committee and make recommendations to the Council and to the CAO.
  8. At the request of Council, review other matters pertaining to heritage.

6.0 Appointment Process

Applications for appointment to the Committee shall be invited by public advertisement before the Council makes appointment to the Committee.

7.0 Remuneration

No remuneration shall be paid to any Committee member other than reimbursement of approved expenses incurred in the performance of Committee duties.

8.0 Frequency of Meetings

PHAC shall meet monthly and at the call of the Chair with 24 hours written notice to the CAO.

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