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Private Street and Maintenance By-Law 72_Effective 2022-09-14
The Municipality of Chester Office ofthe Municipal Clerk 151 King St, PO Box 369 Chester, NS BO) 1Jo Phone: (902) 275-3554 Fax:(902)275-4771 www.chester.ca O JChesterMunicipality © @chestermun A THE MUNICIPALITY OF CHESTER I, Pamela M. Myra, Municipal Clerk of the Municipality of the District of Chester do hereby certify that the following is a true copy of the Private Street Improvement and Maintenance By -Law No. 72 amended effective September 14, 2022. Given under the hand and seal of the Municipality of the District of Chester this 271h day of October, 2022. Pamela . My Municipal Clerk NOVA SCOTIA'S TREASURE Municipality of the District of Chester Private Street Improvement and Maintenance By -Law By -Law No. 72 Effective Date: September 14, 2022 Private Street Improvement and Maintenance By -Law #72 (continued) Page 2 of 12 MUNICIPALITY OF THE DISTRICT OF CHESTER PRIVATE STREET IMPROVEMENT AND MAINTENANCE BY-LAW BY-LAW # 72 This By -Law shall be known as the "PRIVATE STREET IMPROVEMENT AND MAINTENANCE BY-LAW" In this By -Law, unless the context otherwise indicates: 2.1. "Cost" means the amount of money paid or payable in respect of the street "improvement and/or maintenance." 2.2. "Improvement" means laying out, opening, constructing, upgrading, and improving. 2.3. "Maintenance" means repairing and maintaining. 2.4. "Municipality" means the Municipality of the District of Chester. 2.5. "Owner" includes part owner, joint owner, tenant -in -common orjoint tenant of the whole or part of any real property fronting on a street or situate within an affected area and also includes any trustee, executor guardian, agent or other person having the care or control of such real property in the case of absence or disability of the person having the title thereto provided that for the purpose of calculating the percentage of owners in Section 3(1) real property with more than one owner shall be counted as having one owner. An Owner is entitled to one vote for each individual property parcel they own within the Defined Area. In the case where an individual property has more than one Owner, all Owners must agree on the single response. If all Owners are not in agreement, it will be deemed that the Owner's response is negative. 2.6. "Special Tax" means a tax in respect of the street improvement and/or maintenance based on a per lot basis, a frontage basis, per owner or an area rate based on $100.00 of assessment, as requested in the petition. 2.7. "Street" means any private street, roadway, highway or travelled way, or portion thereof, situate in the Municipality but does not include any unopened or undeveloped street unless specifically included in the Plan attached to Form "A" of the Petition of the owners. 2.8. "Association" means a body corporate incorporated under the Societies Act which represents the owners within the affected area. Notice of Intention to Amend — Committee of the Whole — May 19, 2022 (2022-218) First Reading— Council — May 26, 2022 (2022-227) Second Reading — Council — September 8, 2022 (2022-352) Effective Date —September 14, 2022 (Date of publication in Lighthouse NOW Progress Bulletin) Private Street Improvement and Maintenance By -Law #72 (continued) Page 3 of 12 3. 2.9. "Affected Area" means that area within which the owner shall be liable for the special tax levied pursuant to this By -Law, and which is shown on the Plan attached to Form "A" of the Petition of the owners and shall include any subdivision shown therein. 2.10. "Interest" means that rate of interest charged to the Municipality from time to time on the money borrowed for the improvements which the Municipality shall be entitled to recover from the owners as part of the special tax. 2.11. "Approved purpose" means those purposes for which a Municipality is authorized to expend money pursuant to the Municipal Government Act. 2.12. "Applicant" means the Association referenced in section 2.8 and which has the right itself, or on behalf of the Owners, to maintain the Street. 2.13. "Dwelling" means a residential unit as identified by the Property Valuation Services Corporation filed roll. 3.1 Where sixty-seven (67%) of the owners of real property owning at least sixty-seven (67 %) of the real property within an affected area petition in person or by agent the Municipality for an improvement and/or maintenance of a street, for an approved purpose which may be within or outside the affected area or both, the Municipality may make such improvements, and/or provide for such maintenance if it determines that such improvement and/or maintenance carries out an approved purpose and if so shall be entitled to recover all of the cost of such improvements or maintenance by levying a special tax upon the owners of real property within the affected area as provided by in this bylaw and such tax shall be recoverable from each owner by the Municipality by a per foot of lot frontage basis, or by a per lot basis or by a per owner basis or by an area rate of so much per $100.00 of assessed value of real property within the affected area as requested in the petition which is generally to be in the form as shown on Form "A" attached. The owner of a lot which fronts on more than one street within the affected area, shall pay based on only one (1) boundary of their property, that being the longest boundary that fronts on a street and only this boundary will be considered when calculating the total frontage within the affected area and in calculating the percentage of frontage that the owner owns. a) In the case of recovery of the cost of the street improvement by area rate, based on so much per $100.00 of assessed value of the real property, in the affected area as shown in the petition in Form "A", such area rate shall be struck by Municipal Council from year to year for a period not to exceed ten Notice of Intention to Amend — Committee of the Whole — May 19, 2022 (2022-218) First Reading— Council — May 26, 2022 (2022-227) Second Reading — Council — September 8, 2022 (2022-352) Effective Date —September 14, 2022 (Date of publication in Lighthouse NOW Progress Bulletin) Private Street Improvement and Maintenance By -Law #72 (continued) Page 4 of 12 (10) years and shall cover all the projected costs including interest, to the Municipality for that year for such street improvement. b) In the case of recovery of the cost of the street maintenance by area rate, based on so much per $100.00 of assessed value of the real property, in the affected area as shown in the petition in Form "A", such area rate shall be struck by Municipal Council from year to year for the year for which maintenance is sought as provided for herein. 3.2 In the case of recovery of the cost of the street improvement and/or maintenance on a per lot basis and unless otherwise proved defined in this By-law, lot shall mean each individual developed lot, approved building lot or lot capable of being approved in its existing condition for development purposes and any land not capable of being developed, shall not be considered a lot for the purpose of this By -Law until such time as it is. 3.3 In the case of recovery of the cost of street improvement and/or maintenance on a per owner basis, multiple owners of the same real property shall be considered as one owner. For this paragraph, an owner of real property shall be defined as an owner of an area of land that forms one contiguous parcel of land upon which no more than one dwelling unit is constructed and contains at least one lot as defined in paragraph 3(2). If an owner has more than one parcel of land within the affected area separated by intervening property owners, then that owner shall be assessed individually for each separate parcel of land provided that each parcel has at least one lot as defined in paragraph 3(2). Further, if any parcel of land has more than one dwelling unit constructed upon it, then that owner shall be assessed individually for each dwelling unit. 3.4 Every petition for a street improvement and/or maintenance shall be in Form "A" of this By - Law, or similar thereto, and shall clearly state the locality in which the improvement and/or maintenance is requested, the approved purpose for which the maintenance and/or improvement requested and together with the following information shall be presented for approval to the Council of the Municipality. a) A Plan showing the streets outlined in red, which the Petitioners are desirous of having improved and or maintained and within the affected area, the names of the owners, length and width of the roadways and the frontage of each owner if the method of levying this special tax is on a frontage basis. b) In the case of a street improvement an estimate of the cost of the desired improvement along with the names of the persons or Association who shall be responsible for having the improvement carried out. Notice of Intention to Amend — Committee of the Whole — May 19, 2022 (2022-218) First Reading — Council — May 26, 2022 (2022-227) Second Reading — Council — September 8, 2022 (2022-352) Effective Date —September 14, 2022 (Date of publication in Lighthouse NOW Progress Bulletin) Private Street Improvement and Maintenance By -Law #72 (continued) Page 5 of 12 c) In the case of a street maintenance an estimated yearly maintenance budget along with the name of the Association which shall be responsible on a yearly basis for preparing and submitting for approval to the Municipality, a budget for that year's street maintenance. The budget as submitted shall be verified by the Executive of the Association as having been passed by a majority of the members of the Association in attendance at a duly called meeting for that purpose at which a quorum was present. 3.5 In the event of a dispute between an owner and the Municipality as to any measurements or area of real property referred to in this By -Law, the owner shall be responsible to retain at their expense a surveyor in good standing of the Association of Nova Scotia Land Surveyors who shall certify as to the measurements or area or real property to the Council for the Municipality of the District of Chester. 3.6 That notice of the petition for street improvement and/or maintenance shall be sent by registered mail to each owner within the affected area who has not signed the petition including the owner of the street, if known, at the address shown on the assessment rolls and proof of the sending of this notice shall accompany every petition presented to the Municipality but it shall not be necessary to prove actual receipt of notice. 4 The total amount of the special tax levied by the Municipality under this By -Law shall not exceed the cost of the street improvements and/or maintenance to the Municipality plus interest and an administration charge of five percent (5%). 5.1 The special tax levied under this By -Law is a lien on the whole of the property of each owner for that owner's share of the capital improvement and/or maintenance with the same effect as rates and taxes under the Assessment Act and each owner shall be liable for a portion of the total cost of the street improvement and/or maintenance and an administration charge equal to: a) In the case of property fronting on a street the ratio that the lot frontage of each owner bears to the total frontage in the affected area. b) Within the affected area equal to the ratio that each lot bears to the total number of such properties situate in the affected area or c) An area rate of so much per $100.00 of assessed value of the property within the affected area as shown in the petition on Form "A", Notice of Intention to Amend — Committee of the Whole — May 19, 2022 (2022-218) First Reading — Council — May 26, 2022 (2022-227) Second Reading — Council — September 8, 2022 (2022-352) Effective Date —September 14, 2022 (Date of publication in Lighthouse NOW Progress Bulletin) Private Street Improvement and Maintenance By -Law #72 (continued) Page 6 of 12 5.3 7. d) In the case of a per owner basis, an equal amount assessed to each owner of a parcel of land as defined in paragraph 3.3 within the affected area as requested in the petition. 5.2 Notwithstanding the provisions of this By -Law, the Municipality may, upon request, exempt from assessment any owners within an affected area whose property abuts and has access to a public highway or do not use or have access to the street upon which improvements and/or maintenance are being sought but subject to the provision that the Municipality may later assess those exempted owners if it appears to it that they are then using the improved streets. a) In the case of a street improvement, the special tax levied pursuant to this By -Law, shall cover a period not exceeding ten (10) years and should cover all projected costs including interest to the Municipality for each year for such street improvement. b) In the case of street maintenance, special tax levied pursuant to this By -Law shall cover the amount approved by the Municipality pursuant to the budget submitted to the Municipality including all costs together with interest to the Municipality for that year for the street maintenance. 5.4 Notwithstanding paragraph 5.3 an owner subject to this special tax levied with respect to a street improvement, may elect to pay their share of the capital cost in a lump sum as calculated pursuant to this By -Law, and upon payment thereof that property shall bear no further responsibility for the balance of the cost of the street improvement. The special tax levied under this By -Law is collectible in the same manner as rates and taxes under the Assessment Act and by the same proceedings as are rates and taxes under the Assessment Act. 7.1 Regarding a street improvement, the lien provided for in this By -Law shall become effective on the date on which the Clerk of the Municipality signs and files at the Municipal Office, a Certificate stating the total costs of the street improvement and the amount of the special tax to be levied on each owner. 7.2 With regard to street maintenance, the lien provided for in this By -Law shall become effective on the date on which the Clerk of the Municipality signs and files with the Municipality a Certificate with a statement that the affected area is subject to an annual Notice of Intention to Amend — Committee of the Whole — May 19, 2022 (2022-218) First Reading — Council — May 26, 2022 (2022-227) Second Reading — Council — September 8, 2022 (2022-352) Effective Date —September 14, 2022 (Date of publication in Lighthouse NOW Progress Bulletin) Private Street Improvement and Maintenance By -Law #72 (continued) Page 7 of 12 10. special tax for street maintenance in an amount set annually by Municipal Council as provided for in this By -Law and shall remain effective from year to year until terminated pursuant to this By -Law. The Clerk of the Municipality shall keep a separate record of all monies due for the improvement and/or maintenance of streets, which records shall contain: 8.1 The names of the owner of a property liable for the special tax and the name of the improvement and/or maintenance with respect to which the taxes arose. 8.2 The amount of frontage each owner or the number of properties as the case may require. 8.3 The amount of the special tax levied on each owner with particulars of the amounts due or owing. The Clerk of the Municipality shall notify the owner of each property within the affected area upon the filing of the Certificate referred to in Section 7. Attached to such notice shall be a copy of the Certificate. 10.1 The amount payable in respect to the special tax for street improvement by each owner of real property within an affected area may be paid in equal annual instalments together with interest over a period not exceeding ten (10) years. 10.2 Each instalment and each succeeding instalment in respect of the tax imposed by this By - Law shall be due on the same date as the Municipality, by resolution, requires a payment of rates and taxes and in the event of default of payment of any instalment the whole balance with interest becomes due and payable. 10.3 The tax imposed by this By -Law shall bear interest at the rate imposed by Municipal Council by resolution for overdue taxes as an additional charge for non-payment of rates and taxes. 10.4 The amount payable in respect of the tax by each owner of real property within the affected area, may at the option of that owner be paid in one lump sum on or before the 31st day in the fiscal year in which the cost has been incurred or at any other time over the ten (10) year period. 11. The special tax imposed pursuant to this By -Law for a street improvement and/or maintenance may be terminated at any time by the Association filing with the Municipality a certified copy of a Notice of Intention to Amend — Committee of the Whole — May 19, 2022 (2022-218) First Reading — Council — May 26, 2022 (2022-227) Second Reading — Council — September 8, 2022 (2022-352) Effective Date —September 14, 2022 (Date of publication in Lighthouse NOW Progress Bulletin) Private Street Improvement and Maintenance By -Law #72 (continued) Page 8 of 12 Special Resolution of the Association passed at a duly constituted meeting at which a quorum was present called for that purpose requesting the Municipality to do so or by the Municipality at its own discretion, if there has been non-compliance by the Association with the provisions of this By -Law. In either case, upon the Clerk filing a Certificate with the Municipality that all monies payable pursuant to this special tax have been collected, then this By -Law shall thenceforth have no further force or effect within the affected area. Notice of Intention to Amend — Committee of the Whole — May 19, 2022 (2022-218) First Reading — Council — May 26, 2022 (2022-227) Second Reading — Council — September 8, 2022 (2022-352) Effective Date —September 14, 2022 (Date of publication in Lighthouse NOW Progress Bulletin) Private Street Improvement and Maintenance By -Law #72 (continued) Page 9 of 12 APPENDIX "A" FORM "A" PETITION FOR STREET IMPROVEMENT & MAINTENANCE To the Municipal Council of the Municipality of the District of Chester: The undersigned are sixty-seven percent of the owners at in the Municipality. 1) Owning sixty-seven percent of the real property fronting on the street or portion of the street the Municipality of the District of Chester, as hereinafter described 2) Owning sixty-seven percent of the real property which includes more than fifty percent of the real property fronting on a street situate in the subdivision in the Municipality of the District of Chester hereinafter described: i. as the street(s) or portion thereof known as ii. in the area situated at as shown on the attached plan. Each of the owners, whose signature appears below, respectively propose that the Municipal Council accept this as a petition in compliance with section 3 of the Private Street Improvement and Maintenance By -Law. The improvements and/or maintenance is required for the following approved purpose: The nature of the improvement required is: The nature of the maintenance required is: Each of the owners, whose signature appears below, pray that they be levied for a portion of the tax in respect of the street improvement and/or maintenance or both as indicated above on: i. a per foot of frontage basis ii. a per lot basis iii. a per owner basis iv. an area rate based on assessment. The name of the responsible person or association representing the owners is: Name and Contact Information Notice of Intention to Amend — Committee of the Whole — May 19, 2022 (2022-218) First Reading — Council — May 26, 2022 (2022-227) Second Reading — Council — September 8, 2022 (2022-352) Effective Date —September 14, 2022 (Date of publication in Lighthouse NOW Progress Bulletin) Private Street Improvement and Maintenance By -Law #72 (continued) Page 10 of 12 NAMES AND SIGNATURES OF PROPERTY OWNERS: NAME SIGNATURE Notice of Intention to Amend — Committee of the Whole — May 19, 2022 (2022-218) First Reading — Council — May 26, 2022 (2022-227) Second Reading — Council — September 8, 2022 (2022-352) Effective Date —September 14, 2022 (Date of publication in Lighthouse NOW Progress Bulletin) Private Street Improvement and Maintenance By -Law #72 (continued) Page 11 of 12 Annotation for Official By -Law Book May 19, 2022 - Committee of the Whole Notice of Intention to Amend (2022-218) Date of First Reading May 26, 2022 - Council (2022-227) Date of advertisement of Notice of Intent to August 24, 2022 Consider LighthouseNOW Progress Bulletin September 8, 2022 — Council Date of Second Reading (2022-352) September 14, 2022 Date of advertisement of passage of By -Law LighthouseNOW Progress Bulletin Date of mailing to Minister a certified copy of By- Law October 27, 2022 Effective Date September 14, 2022 1 certify that the Private Street Improvement and Maintenance By -Law #72 was amended by Council and published as indicated above October 27, 2022 Pamela M. Myra, unicipal Clerk Date Notice of Intention to Amend — Committee of the Whole — May 19, 2022 (2022-218) First Reading— Council — May 26, 2022 (2022-227) Second Reading — Council — September 8, 2022 (2022-352) Effective Date — September 14, 2022 (Date of publication in Lighthouse NOW Progress Bulletin) Private Street Improvement and Maintenance By -Law #72 (continued) Page 12 of 12 MUNICIPALITY OF THE DISTRICT OF CHESTER 4..-,.. NOTICE CHESTEI2 BY-LAW AMENDMENT PRIVATE STREET IMPROVEMENT & MAINTENANCE BY-LAW NO. 72 Take Notice that Chester Municipal Council conducted Second/Final Reading for consideration of an amendment the following By -Law on September 8, 2022, as follows: By -Law Amendment to By -Law Private Street The amendment will reduce the administration fee from 10% Improvement & to 5%, clarify the definitions of "owner" and "applicant" to Maintenance improve clarity and reduce ambiguity, update references to By -Law No. 72 the Municipal Government Act, update wording to be gender neutral, add a definition for "dwelling", and correct grammar and punctuation. I, Pamela M. Myra, Municipal Clerk of the Municipality of the District of Chester do hereby certify that the above is a true copy of an advertisement duly advertised in the Lighthouse NOW Progress Bulletin edition on September 14, 2022. Given under the hand of the Municipal Clerk and under the corporate seal of the said Municipality this 27th day of October, 2022. Pamela M. Myra Municipal Clerk Notice of Intention to Amend —Committee of the WholetN[ay.19',*2022 (2022-218) First Reading —Council —May 26, 2022 (2022-227) Second Reading —Council —September 8, 2022 (2022-352) Effective Date —September 14, 2022 (Date of publication in Lighthouse NOW Progress Bulletin)