Annapolis Royal, Nova Scotia - Where History Meets Opportunity

Toll Free: 1.877.522.1110

Phone: 902.532.2043

Streets and Sidewalks

This Bylaw applies only to streets, sidewalks and other property owned by the Town and to activities or conditions affecting such Town streets, sidewalks and property. It is intended to be applied together with the Town’s Land Use Bylaw.

1.  Definitions – In this Bylaw:

  1. ‘abutter’ means the owner, lessee or occupier of any premises or lot in the Town which abuts a Town street, and where the premises or lot has been registered as a condominium under the Condominium Property Act, includes the condominium corporation which manages the premises or lot;
  2. ‘crosswalk’ means that portion of a Town roadway ordinarily included within the prolongation or connection of curb lines or the edge of a roadway and property lines at intersections or any portion of a roadway clearly indicated for pedestrian crossings by lines or other markings on the road surface;
  3. ‘Engineer’ means the Town Engineer and includes a person acting under the supervision and direction of the Engineer;
  4. ‘roadway’ means that portion of a Town street between the curb lines or the traveled portion of a street designed for vehicular traffic and, except where the context indicates otherwise, includes a crosswalk;
  5. ‘sidewalk’ means that portion of a Town street between the curb line and adjacent property line or any part of the street especially set aside for pedestrian travel and separated from the roadway;
  6. ‘street’ means a Town street, highway, road, lane, sidewalk, thoroughfare, bridge, square and the curbs, gutters, culverts and retaining walls in connection therewith and, without restricting the generality of the foregoing, includes the full right-of-way width;
  7. ‘Town’ means the Town of Annapolis Royal;
  8. ‘Town infrastructure’ includes infrastructure that supports the provision of Town services as well as water services, and without restricting the generality of the foregoing includes public trees, street lighting, traffic lights, traffic signs and other Town signs;
  9. ‘Town sewer or water system’ means a sewer or water system owned and operated by the Town or by a water utility owned by the Town;
  10. ‘utility’ includes any person or corporation that provides water, electric power, telecommunications service, natural gas or other gas intended for use as fuel to the public, except a water utility owned by the Town;
  11. ‘utility facilities’ includes any pole, pole lines (including braces and anchors), aerial cables, manholes, conduits, underground cables, pipes for the carriage of gas or liquids, and associated apparatus for the provision of utility services, including amplifiers, connection panels, transformers, valves and other fittings or equipment.

2. CUTS AND EXCAVATIONS

  1. No person shall install a culvert in any street right of way or cut into or excavate any part of a sidewalk, curb or street within the Town without first applying to the Town Council for permission to do so and thereafter obtaining permission by way of a Street Excavation Permit;
  2. The Engineer shall be responsible for supplying application forms for Street Excavation Permits and for signing Street Execution Permits, on behalf of the Town Council, once permission to issue such a Permit has been given by a positive motion from Town Council;
  3. The Engineer shall, when forwarding to the Town Council an application for a Street Excavation Permit request any recommendations that Town Council might have, in relations to the application, as to:
    1. points of access; or
    2. time periods for work to be completed; or
    3. any other conditions to be attached to the Permit so long as such conditions relate to the security of the public;
  4. The fee for a Street Excavation Permit shall be Three Hundred Dollars ($300.00).

3. SECURITY

  1. Every applicant for a Street Excavation Permit shall, as part of the application, deposit with the Engineer a bond in an amount equal to the approximate value of the work to be accomplished, which approximation is to made by the Engineer. Such bond is to be returned to the applicant once the works are completed in the opinion of the Engineer;
  2. Notwithstanding the above, a certified cheque, letter of credit or other security acceptable to the Engineer may accompany the application in place of the bond;
  3. The Engineer may call upon the bond, or other security, in order to acquire funds to make any such repairs he deems necessary if the works are not completed properly by the applicant. However, before so doing, the Engineer shall notify the applicant of his intention, and the reasons for so doing, be certified mail and give the applicant 14 days within which to accomplish all of which is felt by the Engineer to be necessary and as outlined in the Notice to the applicant;

4. Every applicant carrying out work pursuant to a Street Excavation Permit shall be responsible for maintaining his or her own insurance liability coverage and shall be responsible for providing adequate barriers and lighting so as to give clear notice to the traveling public of such excavation and so as to do whatever is necessary to attempt to avoid accidents occurring therefrom.

TEMPORARY CLOSING OF STREETS

5. Town Council may, on its own or on the recommendation of the Superintendent of Public Works, temporarily close any street or part thereof while any work is being done thereon or when, for other reasons, it deems it advisable to do so.

6. No person shall travel on any portion of a street which has been temporarily closed as a result of a resolution of the Town Council.

7. MOVING BUILDING ON STREETS

  1. No person shall move a building over or along a public street in the Town without first applying to the Town Council for permission to do so and thereafter obtaining permission by way of a Street Transport Permit;
  2. The Engineer shall be responsible for supplying application forms for the Street Transport Permits and for signing Street Transport Permits, on behalf of the Town Council, once permission to issue such a Permit has been given by a positive motion from Town Council;
  3. The fee for a Street Transport Permit shall be Fifty Dollars ($50.00).

REMOVAL OF SNOW

8. Occupiers, owners or persons in charge of houses, stores, lots and pieces of land situate on that portion of St. George Street in the Town extending northerly from and including the property at 324 St George Street on the one side and from the Town Hall Building at 285 St George Street on the other side to the Town Wharf, shall, after every snowfall, clear away the snow from the sidewalks adjoining their respective properties as follows:

  1. When the snow ceases falling during the day within four (4) hours after it has ceased falling; and
  2. When the snow ceases falling during the night, within four (4) hours after daylight on the following day.

PARTICULAR ENCROACHMENTS

9. When any part of a street or other Town property has been built upon, the encroachment may be authorized to continue upon obtaining an Encroachment Permit.

10. Application for an Encroachment Lease shall be made to the Engineer and the Engineer may issue such permit upon

  1. determination by the Engineer that the encroachment was made in error;
  2. payment of a permit fee of Fifty Dollars ($50.00);
  3. submission of an application in writing, in duplicate, on such form as may be specified by the Engineer from time to time, and signed by the person applying therefore;
  4. determination by the Engineer that the encroachment does not significantly impede pedestrian or wheelchair traffic on a sidewalk or vehicular traffic on a roadway;
  5. determination by the Traffic Authority that the encroachment does not pose a traffic hazard having regard to sight lines or otherwise;
  6. provision of an indemnity in favour of, and in form satisfactory to, the Town for the defence and indemnification of any claims arising out of or in relation to the encroaching structure; and
  7. provision of an acknowledgement that the permission of the Town to encroach may be withdrawn without payment of any compensation.

11. Notwithstanding the issuance of an Encroachment Permit, no person shall permit or cause a further or renewed encroachment once the original encroaching structure is demolished, destroyed or removed to the extent of 75% or more.

12. Notwithstanding sections 10 to 12, Council may by Agreement, authorize an encroachment or the continuation of an encroachment upon, under or over a street for such period of time and upon at least one of the following conditions:

  • To provide for wheelchair access in accordance with the National Building Code of Canada
  • To alleviate an existing or future problem relating to access to Town infrastructure
  • To provide access to Town infrastructure
  • To improve pedestrian or vehicular flow
  • To replace an existing structure

13. Sections 10 to 13 do not apply to utility facilities.

SIDEWALK CAFES AND RESTAURANTS

14. Council may enter into leases, containing such terms and conditions as it deems appropriate, for the seasonal or temporary use of a sidewalk or other suitable Town property as a sidewalk caf’ or restaurant. Nothing in this section limits any other authority of Council or the Chief Administrative Officer to make leases of other Town property.

VEGETATION IN STREET RIGHT-OF-WAY

15. Except in areas designated by Council resolution as exempt from this requirement, abutters shall maintain any grass between the curb and a sidewalk abutting their property, and/or between the curb and their abutting property, except in areas designated by Council’s resolution as exempt from this requirement including:

  • clipping, cutting or mowing the grass to a height of not greater than 8 cm.;
  • raking and renewing grass as necessary in order to maintain a neat and tidy appearance; and
  • collecting and removing litter or waste.

ENCROACHING VEGETATION

16. Abutters shall trim the branches of trees, hedges, bushes or other shrubbery which encroaches from the abutting property over a street so as to prevent such tree, hedge, bush or other shrubbery:

  • from interfering with pedestrian traffic on a sidewalk;
  • from interfering with or affecting the sight lines of any person on a bicycle or in a motor vehicle travelling on the roadway, from the ground up to a minimum height of 2.25 meters; or
  • from interfering with any structure on or in a street.

PENALTIES

17. Any person who contravenes any provision of this Bylaw is punishable on summary conviction by a fine of not less than $250 and not more than $1,000.

18. Any person who contravenes any provision of this Bylaw and who is given notice of the contravention may pay to the Town, at the place specified in the notice, 50% of the minimum fine specified in this Bylaw pursuant to the Town’s Payment in Lieu of Prosecution Policy within 14 days of the date of the notice and shall thereby avoid prosecution for that contravention.

REPEAL

19. Bylaw No. 103, Streets Bylaw which received approval of The Minister of Municipal Affairs the 28th of February, 1992 is hereby repealed.

EFFECTIVE DATE

20. This Bylaw shall be effective date of publishing.

 

Sidewalk Lease Application Form 2018

Share Button
Share Button