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MUNICIPAL COUNCIL
AGENDA
Thursday,July 25, 2019
Chester Municipal Council Chambers
151 King Street, Chester, NS
1.MEETING CALLED TO ORDER.
2.APPROVAL OF AGENDA/ORDER OF BUSINESS.
3.PUBLIC INPUT SESSION (8:45 a.m. to 9:00 a.m.)
5.COMMITTEE REPORTS:
5.1 Committee of the Whole –July 18, 2019 –Warden Webber
(approval of motions only)
5.2 Committee of the Whole –July 4,2019 –Warden Webber
(approval of motion only)
5.4 Recreation and Parks Committee –July 11,2019
(approval of motions only)
5.5 Recreation and Parks Committee –May 21, 2019 –Councillor Hector
(receive minutes only)
5.6 Any other Committees.
6.MATTERS ARISING.
7.CORRESPONDENCE:
7.1 Letter of thanks from Hike Nova Scotia dated June 24, 2019 regarding sponsoring
the 2019 Hiking Summit in Western Shore, Nova Scotia from May 24 to 26.
7.2 Letter from Hugh MacKay, MLA dated July 17, 2019 regarding proposed Uniform
Road Signage.
(receive minutes only)
5.3 Recreation and Parks Committee – July 22, 2019
4. MINUTES OF PREVIOUS MEETING:
4.1 Council – July 11, 2019
Page 2 of 2
8.NEW BUSINESS:
8.2 District Council Grant Requests:
a)South Shore Pipes and Drums Association -District 4.
b)Together We Can Community Society –District 5
8.4 Request for Decision prepared by Community Development Department dated
July 15, 2019 regarding New Road Name Assignment “Kwyet Lane”.
8.5 Lunenburg County Joint Accessibility Nominating Committee –Amendment to
Terms of Reference and recommendations regarding appointments for
Community Committee members.
8.7 Mobile Ambassador update –Community Development Department.
9.IN CAMERA.
8.6 Uniform Signage Report and Draft By-law – Community Development
Department.
8.1 Director of Engineering and Public Works – 2019/20 Quarterly Report (April to
June 2019)
10. ADJOURNMENT.
8.3 Request for Decision prepared by Fire Services Coordinator dated July 19, 2019
regarding Fire Services Review – Tender Award - Fire Services District Risk
Assessment. (item 8.3 will be reschedules to a later date)
MOTIONS REQUIRING COUNCIL APPROVAL FROM
JULY 18, 2019 COMMITTEE OF THE WHOLE MEETING
2019-316 Approval of agenda and order of business
2019-317 Approval of the July 4, 2019 minutes of the Committee of the Whole
2019-318 NOTICE OF INTENT –DEVELOPMENT AGREEMENT –ASPOTOGAN
RIDGE
MOVED by Councillor Hector, SECONDED by Deputy Warden Shatford that the
Committee of the Whole recommend to Council to give notice of intent to enter into a
Development Agreement with 3314299 Nova Scotia Limited to facilitate th e Phase 1
development of a 52 unit apartment complex and 12-additional residential units at
Aspotogan Ridge, Mill Cove. And further that Council set a date for the Public Hearing
for August 15, 2019.
ALL IN FAVOUR. MOTION CARRIED.
2019-319 Adjournment.
MOTION FOR COUNCIL’S CONSIDERATION FROM
MONDAY, JULY 22, 2019
RECREATION AND PARKS COMMITTEE
2019-321 YOUTH SPONSORSHIP APPLICATION FOR CORRINE WHITE
MOVED by Brad Armstrong, SECONDED by Adam Kaizer, that the Recreation Committee recommend to
Council that we give Corrine White of Chester Basin $500.00 for her participation in the U16 Rugby Nova
Scotia Team attending the Eastern National Tournament in Kingston, Ontario from August 11 to 17.
MOTION CARRIED.
MOTION FOR COUNCIL’S CONSIDERATION FROM
THURSDAY, JULY 11, 2019
RECREATION AND PARKS COMMITTEE
2019-312 YOUTH SPONSORSHIP APPLICATION FOR ISABELLA NOBLE
MOVED by Suzanne Brown,SECONDED by Susan Larder, that the Recreation Committee recommend to
Council that we give Isabella Noble of East Chester $500.00 for her participation in the U16 Volleyball
Nova Scotia Team attending the 2019 Canada Cup Team Nova Scotia in Nova Scotia from July 18 to 21.
MOTION CARRIED.
2019-313 YOUTH SPONSORSHIP APPLICATION FOR COHEN PERRY
MOVED by Suzanne Brown, SECONDED by Susan Larder, that the Recreation Committee recommend to
Council that we give Cohen Perry of Chester $200.00 for his participation in the Hockey NS Young Guns
Summer Jamboree in Portland, Maine from August 15 to 18. MOTION CARRIED.
2019-314 YOUTH SPONSORSHIP APPLICATION FOR JENNA TURNER
MOVED by Suzanne Brown, SECONDED by Susan Larder, that the Recreation Committee recommend to
Council that we give Jenna Turner of New Ross $800.00 for her participation in the Olympique Lyonnais
Select (Soccer) in Lyon, France from August 17 to 25. MOTION CARRIED.
REQUEST FOR DECISION
Prepared By:Sylvia Dixon, Development and
Planning Technician
Date 2019-07-15
Reviewed By:Tara Maguire, Director of
Community Development
Date 2019-07-15
Authorized By:Dan McDougall, CAO Date 2019-07-19
CURRENT SITUATION
A private right-of-way off Appletree Drive in Windsor Road (map attached) that services one residential
home with plans for three more requires a name. The land owner has proposed the road name “Kwyet
Lane”.
RECOMMENDATION
It is recommended that Municipal Council approve the road name “Kwyet Lane”.
BACKGROUND
When there are three or more addressable properties using an unnamed shared right -of-way/driveway,
the Nova Scotia Civic Address Users Guide states that this point of access must be named. Accordi ng to P-
44, the road name is suggested following a majority agreement from the land owners that access their
properties by the shared right-of-way. In this instance,there is one property owner. The property owner
has proposed the name of Kwyet Lane. Kwyet Lane would be a unique road name in Nova Scotia.
DISCUSSION
There are no similar road names to Kwyet Lane within Chester Municipality.
Comments received for “Kwyet Lane”:
-District 7 Councillor –Councillor Sharon Church: no objection with the proposed name
-Municipal Engineer –Matthew Davidson: no objection with the proposed name
-Chester Fire Dept.–Chief Everett Hiltz: no objection with the proposed name
IMPLICATIONS
Policy
Policy P-44 –New Road Names and Road Name Changes
Financial/Budgetary
A new road sign (with accessory materials) will be purchased and posted by the Engineering &Public
Works Department.
REPORT TO:Municipal Council
SUBMITTED BY:Community Development Department
DATE:July 25, 2019
SUBJECT:New Road Name Assignment
ORIGIN:New Private Road Name Request from
Property Owner, Kim Lantz
2 Request For Decision /Direction
Environmental
N/A
Strategic Plan
N/A
Work Program Implications
N/A
OPTIONS
1.Municipal Council can approve the road name “Kwyet Lane”.
2.Municipal Council can decide not to approve the name and direct staff to assign a name of
Council’s choosing.
3.Municipal Council can defer a decision until more information is received .
ATTACHMENTS
1.Petitions Received
2.Location Map of the Shared Private Driveway
3.Policy P-44 –New Road Names and Road Name Changes
COMMUNICATIONS (INTE RNAL/EXTERNAL)
N/A
3 Request For Decision /Direction
PETITIONS RECEIVED
Requested Road Name of Kwyet Lane
Signed Petition from Property Owner, Kim Lantz
MOTIONS FROM THE JULY 15, 2019
JOINT ACCESSIBILITY NOMINATING COMMITTEE
REQUIRING APPROVAL OF COUNCIL
MOVED by Warden Allen Webber, SECONDED by Mayor David Mitchell that the
Nominating Committee for the Lunenburg County Joint Accessibility Committee
recommend to the five Councils within Lunenburg County (Municipality of the
District of Lunenburg, Municipality of the District of Chester, and the Towns of
Mahone Bay, Bridgewater and Lunenburg) that the terms of reference of the
Lunenburg County Joint Accessibility Committee be amended to allow for
participation by the Lunenburg County Village Commissions.
Questions: None
All in Favour. CARRIED.
MOVED by Warden Allen Webber, SECONDED by Deputy Warden Shatford that
the Nominating Committee of the Lunenburg County Joint Accessibility
Committee recommend appointing the following six (6) Community Members to
the Committee and for the following terms:
Community Members Terms
David Outhouse 3-year
Louise Hooper 3-year
Patricia George-Zwicker 2-year
Ellen Johnson 2-year
Sue Rushton 1-year
Linda Ann Marie Mills 1-year
Questions: None
All in Favour. CARRIED.
1
Lunenburg County Accessibility Advisory Committee
Terms of Reference
1.0 PURPOSE
The Lunenburg County Accessibility Advisory Committee’s (AAC) role is to assist the five municipal units
(the Districts of Chester and Lunenburg and the Towns of Bridgewater, Lunenburg and Mahone Bay)and
the village commissions in Lunenburg County develop an Accessibility Plan in accordance with “An Act
Respecting Accessibility in Nova Scotia, 2017 (The Act). The AAC provides advice to the five municipal
councils and village commissions on identifying, preventing and eliminating barriers to people with
disabilities in municipal programs, services,initiatives and facilities. The Committee plays a pivotal role
in the creation of helping the five municipalities become barrier-free communities and ensuring the
obligations under the Act are met.
2.0 SCOPE
These Terms of Reference are applicable to all members appointed to the Lunenburg County
Accessibility Advisory Committee (ACC).
3.0 REFERENCES
3.1 Bill No. 59 –Accessibility Act, Chapter 2 of the Acts of 2017
4.0 DEFINITIONS
4.1 Barrier means anything that hinders or challenges the full and effective participation in
society of persons with disabilities including a physical barrier, an architectural barrier,
an information or communication barrier, an attitudinal barrier, a technological barrier,
a policy or a practice.
4.2 Commission(s)means the commissions for the Villages of Chester and Hebbville.
4.3 Council(s)means the Councils for the Districts of Chester and Lunenburg and the Towns
of Bridgewater, Lunenburg and Mahone Bay.
4.4 Disability includes a physical, mental, intellectual, learning or sensory impairment,
including an episodic disability (long-term conditions that are characterized by periods
of good health interrupted by periods of illness or disability); that, in interaction with a
barrier, hinders an individual’s full and effective participation in society.
5.0 POLICY
5.1 Membership
5.1.1 The Committee shall consist of ten (10)twelve (12)voting members who serve
without pay, except for associated expenses.Five (5)Six (6)community
members and five (5)Council members.and one (1) Chester Village
Commission elected officer.Each Council and the Chester Village Commission
will appoint their own Council/Commission member representative.The five
(5)six (6)community representatives are to be appointed by all five (5)
municipal units.
5.1.2 Commissions may join the Committee or be represented by the Council of the
municipal unit in which it is located. When a Commission joins the Committee
one (1)commission member and one (1) community member will be added to
2
the Committee.Community members pursuant to this clause will be appointed
by the nominating committee.
5.1.3 Applications for the community members will be sent to the Lunenburg County
Accessibility Nominating Committee. This Committee will be comprised of the
Mayors/Wardens of the five municipal units or their designate.The Nominating
Committee will send a recommendation to all five councils concerning the
appointment of the community members.
5.1.4 Councils shall appoint each of the five (5)six (6)community representatives’
members as follows: Two (2)members to a three (3)year term; two (2)
members to a two (2) year term; and one-member (1)two (2)members to a one
(1) year term. Once a member has completed their term all new terms will be
for three (3) years.The term for additional community representatives
pursuant to section 5.1.2. will be determined by the nominating committee.
5.1.5 Council/and the Chester Village Commission shall appointments shall be for two
(2)year terms.a Council/Commission representative and an alternate from
each of their respective municipal units organizations.Council/Commission
members’terms will be for two years.
5.1.6 At least one half of the members (community and council/commission
representatives) of the AAC must be persons with disabilities or representatives
from organizations representing persons with disabilities.
5.1.7 If a community member vacates the Committee for any reason at any time
before that member’s term would normally expire, the Councils shall appoint
promptly a new member to the Committee to hold office for the unexpired
term.
5.1.8 If a Council/Commission member vacates the Committee for any reason at any
time before that Council/Commission member’s term would normally expire,
the Council/Commission that the member represents shall appoint promptly a
new Council/Commission member to the Committee to hold office for the
unexpired term.
5.1.9 Applications for the appointment of community representatives to the
Committee shall be invited by public advertisement.
5.1.10 The Chair and Vice-Chair will be appointed annually by the Committee.
5.2 Qualifications
5.2.1 Any member of the Committee is eligible for reappointment.
5.2.2 Any member of the Committee, who is absent from three (3) consecutive
meetings of the Committee,forfeits office, unless the absence is caused by
illness or authorized by resolution of the Committee and noted in the
Committee minutes. Any member who forfeits office is eligible for
reappointments following the remainder of the unexpired term.
5.3 Mandate of Responsibilities
The Committee has the following responsibilities:
3
5.3.1 Advise the five Councils/Commissions in the preparation, implementation and
effectiveness of an Accessibility Plan. In accordance with the Act, the Plan must
include:
a.A report on measures the five (5) municipal units and the Commissions have
taken and intend to take to identify, remove and prevent barriers;
b.Information on procedures the five (5) municipal units and the Commissions
have in place to assess the following for their effect on accessibility for
persons with disabilities:
i.Any of its existing and proposed policies, programs, practices and
services, and
ii.Any existing and proposed enactments or bylaws it will be
administering; and
c.Any other prescribed information.
5.3.2 Advise all five (5) Councils and the Commissions on opportunities to promote
the full participation of persons with disabilities, in accordance with the Act;
5.3.3 Identify and advise on the accessibility of existing and proposed municipal
services and facilities;
5.3.4 Advise and make recommendations about strategies designed to achieve the
objectives of the five (5) municipal units and the Commissions Accessibility
Plans;
5.3.5 Receive and review information directed to it by all five (5) municipal Councils
and the Commissions and their committees, and to make recommendations as
requested;
5.3.6 Monitor federal and provincial government directives and regulations; and
5.3.7 Host public consultations related to accessibility
5.3.8 Provide input and advice to all five (5) councils and the Commissions with
respect to updating the Accessibility Plan every three years.
5.3.9 Provide an annual budget for the five (5) Councils and the Commissions
consideration in order for the Committee to carry out their mandate.
5.4 Rules of Engagement:
5.4.1 Committee meetings will be called by the Chair as required to fulfill the duties
outlined. Meetings of the ACC shall be open to the public and advertised no less
than one week in advance.
5.4.2 A majority of the appointed voting members of the Committee constitutes a
quorum.
5.4.3 Subject to the principles set out in the Municipal Conflict of Interest Act,all
committee members present including the person presiding shall vote on a
question.
5.4.4 Subject to section 22 of the Municipal Government Act,meetings of the
committee are open to the public
5.4.5 The Committee may receive presentations from the public upon the approval of
the Chair.
4
5.4.6 The Committee may establish Working Groups to explore specific issues related
to the Accessibility Plan and/or other responsibilities. Members of the Working
Group may consist of additional members of the community. A member of the
AAC shall chair the Working Group.
5.5 STAFF RESOURCES
5.5.1 The Committee will be supported by municipal staff and consulting resources as
required.
5.5.2 Staff appointed by the five (5) municipal units and the Commissions will attend
meetings as a resource to the Committee.
5.5.3 The Municipalities will provide administrative support services to the
Committee to aid in agenda preparation, minute taking, and other
administrative duties as required.
6.0 POLICY REVIEW
6.1 These Terms of Reference will be reviewed by each of the five (5)Councils and the
Chester Village Commissions at least every four years from the effective/amended date.
REQUEST FOR D IRECTION
Prepared By:Jason Genee/Emily Statton Date July 5, 2019
Reviewed By:Garth Sturtevant Date July 8, 2019
Authorized By:Dan McDougall, CAO Date July 22, 2019
CURRENT SITUATION
At the Municipal Council meeting of January 31, 2019, Community Development Staff presented a draft of
the Uniform Advertising Signage By-law and Program. At that meeting staff were directed to undertake
targeted engagement with businesses in the Municipality to gain feedback regarding the proposed By-
law and Program. Staff initiated engagement through the online engagement platform ‘Voices and
Choices’in addition to contacting and meeting with several business associations within the Municipality.
Staff are presenting the feedback received and options to proceed regarding the Uniform Advertising
Signage By-law.
RECOMMENDATION
For discussion and direction.
BACKGROUND
Council directed staff to establish and implement a By-law that will allow tourism businesses to advertise
their services through a uniform signage program along portions of the Municipality’s highways. At the
Committee of the Whole meeting of October 4, 2 018, the Committee established Exit 6 (Mill Lake Road
and Trunk 3) as the preliminary area to be regulated under a uniform signage By-law.
Staff facilitated a workshop with the Committee of the Whole on November 22, 2018, receiving direction
and feedback on a variety of topics. Staff took direction from the Committee and drafted a By-law and
presented it to Council on January 31, 2019 . At this meeting, Council requested staff engage with the
public and businesses in the community regarding the draft By -law before its implementation.The
purpose of this report is to overview the engagement process, the feedback received, and options going
forward with respect to the Uniform Advertising Signage By-law and Program.
DISCUSSION
This discussion outlines how engagement regarding the draft Uniform Advertising Signage By-law and
Program was conducted, the responses staff received throughout the engagement process, and analysis
of the feedback that was received.
REPORT TO:Committee of the Whole
SUBMITTED BY:Community Development Department
DATE:July 25, 2019
SUBJECT:Uniform Highway Signage By-law and
Program
ORIGIN:Council Motion 2019-034
2 Request For D irection
Engagement Overview
Staff contacted six business / development associations within the Municipality. Two (2)associations
(Western Shore Area Development Association and the Village of Chester Tourism and Development
Association [VOCTADA]) failed to respond to staff inquiries to meet.Staff met with and presented the
draft By-law to the remaining four (4)associations between March 2019 and July 2019.Staff also met with
and presented the draft By-law to the Chester Village Commission.The meeting dates with associations
are shown in Table 1.
Table 1.
Meeting Schedule for Uniform Signage within the Municipality
Meeting Date Number of Attendees
Chester Merchants Association Wednesday, March 6, 2019 7
Chester Municipal Chamber of Commerce Tuesday, March 12, 2019 5
Chester Village Commission Wednesday, April 23, 2019 10
Hubbards and Area Business Association Wednesday, May 8, 2019 30+
New Ross Regional Development Society Wednesday, June 12, 2019 Approx. 8
In addition to meeting with business / development associations,staff engaged with the community using
the online platform ’Voices and Choices’. The website provided direct access for internet users to the draft
By-law, the presentation to business / deve lopment associations, and any other project updates that
occurred throughout the duration of the project.Links to Voices and Choices were disseminated through
the business / development associations in addition to the April / May ‘Municipal Insights’Newsletter,
Facebook, and Twitter.The draft By-law was covered in the April edition of the Masthead News where
readers were invited to visit Voices and Choices for more information and where they would be able to
contact Municipal staff.
Table 2 outlines the response count via different media platforms regarding the draft By-law.
Table 2.
Media response rate from various sources (as of May 09, 2019)
Media Platform Number of Responses
Voices and Choices and Direct Email 10
Facebook (Messages or Comments)6
Direct Phone Calls 4
Twitter (Comments)0
Thematic Response Analysis
The analysis below breaks down the responses staff received through engagement ,into four (4) primary
categories. The descriptions under each category represent the general sentiments that were expressed.
The detailed responses received by staff are located in Appendix B .
3 Request For D irection
General Support and Opposition to the By-law and Program
The majority of responses staff received were in support of implementing the Program and By-law.The
support was expressed in a two-fold fashion:support for the benefits that uniform signage will bring to
businesses and tourists,but also how the By-law will clean up highway exits. Many respondents, whether
they supported the program or not,expressed displeasure and general discontent with the current state
of signage at highway exits.
While the majority of responses were in support, there was some concern and opposition to the Program
and By-law.A respondent felt the Municipality was going too far in cleansing the diversity of advertising
signage and by implementing a uniform signage By -law, the area would lose some of its character. Other
respondents,while not opposed to the program, wanted to ensure ‘red -tape’ would not stand in the way
of businesses from advertising in the area.At the Hubbards and Area Business Association (HABA)
meeting of May 8, 2019, businesses expressed their concern that not all businesses in the community
could be accommodated with a sign due to the number of businesses in the area and limited space
between Exit 6 and the Municipal boundary.Staff note that the majority of comments in this regard
originate from businesses located within Halifax Regional Municipality, which have additional limitations
within the By-law (one sign per non-MOC business and one non-MOC sign per signage structure). Staff
have considered these comments but given the limited geographical area, the boun dary with HRM,and
the preferred pricing (signs will be obtained by Public Works through the NSTIR Sign Shop in Truro) of the
signs themselves, have not made any changes at this time relating to these concerns.
Cost to Purchase a Uniform Sign
Many of respondents agreed with the established structure and price points for which the permit and
maintenance fee would be ($150 to have a sign constructed and installed by the Municipality and $40 for
each successive year a sign is posted on a structure).Staff did not receive any comments towards prices
being too high for businesses.One respondent voiced their concern that the price for a signage permit
was too low. They stated as a taxpaying resident of the Municipality, they would prefer to see businesses
bear the majority of the cost for signage construction, installation, and maintenance.
Signage Design
There was minimal feedback on the proposed signage;businesses were more interested in the program as
a whole and not the specifics of design elements. Staff wish to highlight that support for the program and
support for the design of the signage are not necessarily associated.
Staff received comments regarding the potential flexibility and more creative approach to the design of
the signage.The three (3)proposed amendments to the By-law staff received were:
To allow businesses to display their logo instead of a generic symbol;
To implement a colour coding system for signage to differentiate between categories of
businesses (i.e. yellow for accommodation, blue for eating establishment, etc.); and
To group types of businesses together on signage structures (i.e. accommodations on one, eating
establishments on the next, etc.).
4 Request For D irection
Program Rollout
Staff heard on a few occasions that the program should not be established at an individual Exit, but rather
for the entirety of the Municipality. Their reasoning stated that by establishing the program as a ’Pilot’,
getting wholesale buy-in from the business community may be challenging. They also expressed concern
if the program failed to expand to other areas ,would the businesses be compensated for participating in
the initial roll out.Some members of HABA requested the program begin at Exit 7, 8, or 9 instead of Exit 6
as it is a more complicated area with regards to the number of business and the proximity of the
Municipal boundary.
At each of the business / development association meeting s,staff received comments and questions
regarding how the pro gram would be rolled out at other highway exits within the Municipality.As Nova
Scotia Department of Transportation and Infrastructure Renewal informed staff, each time the
Municipality changes the content of the By-law (including the By-law areas)Ministerial review will be
required.On several occasions,the question of whether the By-law area would encompass the entirety of
Highway 3, or simply be at areas surrounding the highway exits and other significant areas was raised.
A member of the public respond ing via ‘Voices and Choices’,inquired about temporary signage (i.e. for a
garage sale, property sale, festival, etc.)and if the program would permit such signage. As the By-law is
currently drafted,only permanent, uniform signage will be permitted within the by -law areas.
Special Exemptions by Council
The initial draft of the By-law was quite rigid and did not allow for exempti ons to the regulations. While
important to ensure the program intent i s met, comments received from members of the public in
addition to staff observations at the Exit 6 By-law area led to a discussion and proposed change to create
a process for Council to consider signs as a special case where an exemption may be granted. Part 7.0 (20)
of the By-law outlines the process for Council to make special exemptions. The intent of this provision is
to provide a mechanism for Community and other non -commercial signs to be considered by Council. If
upon consideration of the request, Council determines that the sign will not negatively impact the intent
of the Uniform Signage Program, an exemption may be
granted.
To date, one sign has been identified by staff as being a likely
candidate for a special exemption within the By -law area at Exit
6 (see Figure 1).The Hubbards Community boundary is within
the Program buffer; however,staff believe this sign holds value
and significance to the community and performs a tourism
function.
Next Steps
Based on the responses received by Staff, the community
generally supports the implementation of the Uniform
Advertising Signage By-law and program. However, as Figure 1 –Hubbards Community Sign
(candidate for special exemption)
5 Request For D irection
discussed above, some community members and businesses expressed concern with individual elements
of the By-law and of the By-law itself.Once the final content of the By-law has been established, the By-
law and Program will be sent to NSTIR for review. A legal review of the documents will be conducted once
NSTIR has submitted any comments.
IMPLICATIONS
Policy
N/A
Financial/Budgetary
The costs established within the draft Uniform Advertising Signage By-law for the construction,
installation, and maintenance of uniform signage will generally be recouped by the Municipality over the
course of approximately a six-year period (calculated as a function of three (3) signs posted on a structure
that are each renewed over the course of five (5) additional years).However, this is under a working
assumption that there will be no sign-altering damage occurring over time (ie. a tree falling due to storm).
Environmental
N/A
Strategic Plan
Promote conditions conducive to fostering economic prosperity.
Ensure sufficient infrastructure is available to best serve our residents and businesses.
Work Program Implications
Based on the current level of capacity, the Engineering and Public Works Department can administer the
removal of illegal signage in addition to supply and install signage at Exit 6. However, the level of service
provided will determine how the department is able to facilitate the program. Additional resources may
be required as the program is expanded thro ughout the Municipality.
The administration of applications for uniform signage will also have implications on the Staff Work
Program. Within the By-law the CAO,or their designate,will act as the Registrar of signs. The
responsibility of the Registrar includes issuing, refusing, or revoking permission to install uniform signage.
OPTIONS
Council may direct staff to proceed with the following:
1.Make specific changes to the draft Uniform Advertising Signage By-law and Program (Please
Specify).Changes will be made to the documents before obtaining a preliminary review from
NSTIR which will be followed by a legal review.
2.Do not make any changes to the draft Uniform Advertising Signage By-law and Program. Staff will
prepare the By-law and Program for review from NSTIR followed by a legal review.
3.Conduct further engagement with the business community, community groups,and/or the
general public to review feedback on specific topics or concerns (Please Specify);or,
4.Table the discussion for a later Council meeting.
6 Request For D irection
ATTACHMENTS
Appendix A:Draft Uniform Advertising Signage By-law and Program
Appendix B:VOICES AND CHOICES/Facebook/EMAIL/Twitter Responses
MUNICIPALITY OF THE DISTRICT OF CHESTER
UNIFORM ADVERTISING SIGNAGE BY-LAW
BY-LAW #xx
1.0 Title
1.This By-law is entitled the “Municipality of the District of Chester’s Uniform Advertising Signage
By-law.”
2.0 Authority
1.Provided by section 49A of the Public Highways Act, S.N.S. 1989,c.371 and amendments hereto.
3.0 Interpretation
1.In this By-law:
(a)“Destroyed” means rendered physically unusable;
(b)“Erecting” means in respect of a sign, includes the painting, pasting, and posting of the sign;
(c)“Council” means the Municipal Council of the Municipality of the District of Chester;
(d)“highway” means a highway vested in Her Majesty in right of the Provinc e, excluding highways
designated as a controlled access highway by the Governor in Council pursuant to Section 21 of
the Public Highways Act,S.N.S. 1989, c. 371;
(e)“Maintenance” means the work of keeping the sign in a state of good repair;
(f)“Municipality” means the Municipality of the District of Chester;
(g)“tourism business” means
(i)a business that a tourism establishment for which a license issued under the Tourist
Accommodations Act 1994-95, c. 9, s. 1 is in full force and in effect,
(ii)a restaurant,
(iii)a tourist attraction, including a museum, historic site, theme or amusement park, art
gallery, recreation facility or use, or cultural, animal, or plant attraction including
agritourism businesses such as U-Picks,
(iv)a liquor store,
(v)a craft shop or gift shop where artisanal products are produced or exhibited,
(vi)an antique shop,
(vii)a gas station,
(viii)a convenience store or grocery store,
(ix)a fresh food or farm market,
(x)establishments where seafood and aquaculture products are held, hatched and reared
for sale to the public,
(xi)a youth camp,
(xii)a legion home,
(xiii)historical churches,buildings, or other significant historical structures;
(xiv)a pharmacy or medical centre,
(xv)a winery, brewery, or any other establishments that are issued permits under the
Liquor Control Act,where products controlled under the Liquor Control Act are
made and sold to the public,
(xvi)local and Provincial visitor information centres,
provided that tourist attractions, businesses, facilities, and sites set out in clauses (i)
to (xvi) must be open to the public for four (4)continuous months during a calendar
year.
“Uniform Advertising Sign” means the 45 cm (18”)x 210 cm (7’)visual communication device,
including its structure and components, created or manufactured for the purpose of providing
direction information about promoting a tourism business.
4.0 Purpose
1.This by-law provides for the control of the erection, display, maintenance and placement of uniform
advertising signs in the municipality for the purpose of providing an effective wayfinding system for
the travelling public.
2.The erection, maintenance, and management of the uniform advertising signs shall be led by the
Municipality of the District of Chester.
3.This by-law applies only to the highways indicated in Schedule A and is enacted pursuant to section
49A of the Public Highways Act, S.N.S. 1989, c.371.
4.This by-law applies to all signs within the right-of-way of the highways indicated in Schedule A.
5.This by-law shall prohibit the erection, display, maintenance and placement of any signs within the
by-law area indicated in Schedule A other than uniform advertising signs associated with tourism
businesses under the provisions of this by-law, and under the application process and locations strictly
identified herein.All signs not associated with this by-law shall be removed and destroyed.
6.The removal and destruction of illegal signage shall be led by the Municipality of the District of
Chester.
5.0 Administration
1.The CAO, or their designate, shall act as the Registrar of signs.
2.The Registrar shall issue or refuse to issue, and may revoke, the permission to erect, display, maintain
or place uniform advertising signs.
3.The Registrar shall, in addition to the function referred to in subsection (2), exercise such other power
and perform such duties as are vested in the Registrar by this by-law.
6.0 Uniform Advertising Signs
1.The Registrar shall, on application by a tourism business, issue permission for uniform advertising
signage to be erected, displayed, maintained or placed at locations along a highway if:
a.The application is made in accordance with this by-law;
b.The applicant pays the prescribed fee; and
c.The Registrar is satisfied that the erection, display, maintenance or placement of the
uniform advertising signs at those locations is consistent with the purpose and provisions
of the by-law.
2.The number and location of the uniform advertising signs that are erected, displayed,maintained or
placed under subsection (1) must comply with this by-law.
3.Where uniform advertising signs, maintained or placed for a tourism business have been erected,
displayed or placed, under subsection (1), the Registrar shall, on application by the tourism business,
issue permission for the signs to be relocated, replaced, or removed with replacement if:
a.The application is made in accordance with this by-law;
b.The applicant pays the prescribed fee; and
c.The Registrar is satisfied, if the applicant concerns the relocation or replacement of the
signs, that the erection, display, maintenance or placement of the uniforms advertising
signage at the locations requested is consistent with the purposes and provisions of this
by-law.
7.0 Regulations
1.An application under subsection 6 (1) or 6 (3) of this by-law in respect of uniform advertising signs
shall be made by completing the form entitled “Uniform Advertising Signage Application Form” as
shown in Schedule C attached to this by-law.
2.Subject to subsection 7 (4), only two (2)uniform advertising signs for a tourism business within the
bounds of the municipality may be erected, displayed, maintained or placed in the municipality.
3.Only one (1)uniform advertising sign for a tourism business outside the bounds of the municipality
may be erected, displayed, maintained or placed in the municipality.
4.The Registrar may allow uniform advertising signs for a tourism business to be erected, displayed,
maintained or placed in such a number, in excess of two (2), as the Registrar considers appropriate
where the Registrar is satisfied that the location of the tourism business warrants additional signs.
5.A uniform advertising sign for a tourism business located within the bounds of the municipality may
be erected, displayed, maintained or placed within the by-law area per Schedule A.
6.A uniform advertising sign for a tourism business located outside the bounds of the municipality may
be erected,displayed, maintained or placed only within the by-law area per Schedule A, provided the
business is located within 10 kilometres from the uniform signage structure upon which it advertises.
7.A uniform advertising signage structure may contain no more than one (1)uniform sign for a tourism
business located outside of the bounds of the municipality.
8.A uniform advertising sign:
a.Shall not contain more than:
i.28 characters, if it does not contain a symbol: or
ii.20 characters, if it contains a symbol or symbols;
b.Shall not have more than 14 characters per line;
c.Shall, on the left side of the sign, include a left or right turn, or straight ahead arrow and
indicate the distance in kilometres to the tourism business; and
d.Shall, if a symbol or symbols are used in the sign, include the symbol or symbols on the
right side of the sign.
9.For the purposes of subsection (8), a “character” includes a space between characters.
10.Uniform advertising signage structures shall display a maximum of three (3)uniform advertising
signs, with no more than one (1) uniform advertising sign for an individual tourism business
appearing per structure.
11.When allocating uniform advertising signs to structures, the Registrar may give priority to businesses
located within the community or district the structure is located in.
12.All uniform advertising signage structures may be a minimum of 100 metres from any intersection.
13.All uniform advertising signage structures may be a minimum of 100 metres from any other uniform
advertising signage structures on a given side of the highway.
14.The information set out in a uniform advertising sign may be displayed in such language as is
preferred by the tourism business.
15.If one (1) uniform signage structure has more than one (1)uniform advertising sign, they shall be
mounted in such fashion that signs with left pointing arrows be placed at the top, listed
alphabetically, followed by right pointing arrow signs, listed alphabetically, and lastly, signs with
straight ahead arrows, listed alphabetically.
16.A tourism business applicant purporting to offer specific services and/or sell certain items for which
a license or authority to do so is required must provide to the Registrar proof of such license or
authority.
17.For each year following the initial year that the Registrar causes uniform advertising signs to be
erected, displayed, maintained or placed, the tourism business shall pay the Registrar, by the date
requested, the annual fee prescribed for the continued erection, display, maintenance or placement of
such signs.
18.The Registrar shall cause the uniform advertising signs to be removed if the tourism business fails to
pay the annual fee, prescribed by the date requested by the Registrar, or if the business ceases to
operate. In the latter case, there will be no money refunded.
19.All signs shall be erected and maintained for a period of 10 years. At the expiration of every 10 year
period the tourism business may again apply for a uniform advertising sign in the same manner and
in accordance with the same provisions as contained earlier in this by-law as amended from time to
time.
20.Upon receipt of a written request, Municipal Council may consider granting an exemption for a sign
which does not comply with the requirements of this By-law. Before granting an exemption, Council
should be satisfied that the sign is of a non-commercial nature, holds value in the community for
which it is located and will not negatively impact the overall intent of the Uniform Signage Program.
8.0 Illegal Signage Removal
1.On the effective date of this by-law, owners of existing advertising signage shall have 30 days to
remove any signs located along the highways indicated in Schedule A, after which the Municipality
will remove and destroy any remaining advertisements that do not meet the requirements of this by-
law.
2.Any sign erected after the effective date of this by-law that is not in compliance with this by-law will
be removed and destroyed by the Municipality after a period of 14-days following the notification to
the owner of the sign.
3.The owner of an illegal sign will be notified via registered letter of the intent and timeframe of the
Municipality to remove and destroy said sign.
9.0 Fees
1.The fees prescribed for the purposes of this by-law and these regulations are set out the Fee’s Policy
P-20 and shall be paid to the Municipality of the District of Chester.
Schedule A –Uniform Advertising Signage By-law Area
DRAFT
Fee Schedule (to be added to Policy P-20 Fee’s Policy)
Table 1.
Fee Schedule
Fee Type Cost
Application for each new uniform advertising sign for a tourism
business.
$150 (including HST)
Annual fee for the continued placement and maintenance of uniform
advertising signs for a tourism business.
$40 (including HST)
Name change of a uniform advertising sign(s) for a tourism business $100 (including HST)
Uniform Advertising
Signage Program
The Uniform Advertising Signage Program provides tourist businesses with a clear and effective manner
to advertise their services.Tourist related businesses include accommodations, attractions, eating
establishments, among others.The Municipality will be responsible for constructing, installing, and
maintaining signage for tourism businesses.
Uniform Advertising Signage Regulations
Signs are 45 cm (18”) high and 210 cm (7’) wide. The business name, an arrow, the distance in kilo metres
and a corresponding symbol (where applicable) are displayed in white letters on a blue background. The
business name must not exceed 28 characters, including spaces needed between words. Assistance can be
provided if abbreviations are required to accommodate longer business names.Businesses are limited to
two (2) uniform advertising signs in the municipality; however, the Registrar may allow a business to
advertise additional signs.Uniform advertising sign structures will be comprised of three (3)uniform
signs, advertising three (3) individual businesses.
Businesses located within the Municipality can advertise their business on any uniform advertising
signage structure,but businesses that operate outside the municipality must be within ten (10) kilometres
of the uniform signage structure they wish to advertise on.Additionally, businesses must be in continuous
operation for four (4) months of a calendar year in order to be eligible for the Uniform Advertising
Signage Program.
Uniform Advertising Signage Guidelines
Uniform Advertising Signage structures will be approximately 100 metres from any other structure on a
given side of the highway while structures may also not be placed within 100 metres from any
intersection.As signage structures are open to businesses from outside the municipality, structures will be
limited to advertising one (1) business from outside the municipality where applicable. Additionally,
businesses located in the district or community of a uniform signage structure will be given priority to
advertise on those structures.
Fee Schedule
The fees to participate in the Uniform Advertising Signage Program are as follows:
The fee payable for an application for each new uniform sign for a business is $150 per sign
The annual fee payable for the continued placement and maintenance of uniform signs for a
business is $40 per sign.
The fee payable for a name change of a uniform sign for a tourism business is $100 per sign
Additional Information
The maximum number of signs per business is 2.
Payment, must accompany the application. Post-dated cheques are not accepted.
Insufficient payment will delay application processing.
Cheques are payable to the Municipality of the District of Chester.
Schedule C:Uniform Advertising
Signage Application Form
Uniform advertising signage in accordance with section X of By-law #XX of the Municipality of the District of Chester
Contact Information:
Name of Business:
Business Mailing Address:Province:Postal Code:
Business Phone Number: ( )-Email Address:
Applicant’s Name:
Applicants Mailing Address:Province:Postal Code:
Home/Cell Phone: ( )-Email Address:
Description of Business:
A brief description of your business (i.e. Motel, Campground, Restaurant, Gas Station, etc.)
Civic Address (911) of Business:
Sign Requirements (Maximum of 2 signs)
Wording changes on existing signs -$XXX charge, Exact wording of sign(s): (not to exceed 28 characters & spaces or 24
characters & spaces if symbols are included)
___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___
___ ______ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___
* Symbol: ____________
Preferred Sign Locations:
1.
2.
REQUEST FOR DECISION /DIRECTION
Prepared By:Heather Hennigar Date July 24, 2019
Reviewed By:Tara Maguire Date July 24, 2019
Authorized By:Dan McDougall, CAO Date July 24, 2019
CURRENT SITUATION
Chester Race Week Committee and Chester Yacht Club would like to ask for Council permission
to park 2 food trucks at the location of Parade Square along the edge of the municipal gazebo
park during Chester Race Week regatta event Wednesday,August 14 to Saturday,August
17.We have also received a second request from an independent vendor who would like to
set up a food truck at the site.
RECOMMENDATION
It is respectfully recommended by the Economic Development/Tourism department that;
1.We view this as a Pilot Project for the 2019 Chester Race Wee k and move forward with
the road closure.2.Review the success of the Pilot Project with the Chester Race Week Committee and The
Chester Yacht Club and have a solid policy in place for future years.
BACKGROUND
The Chester Race Week Committee submitted a query (Jan. 9/2019) with the Municipality on
having additional food truck vendors on Parade Square. Public Works advised them to direct
the request to Council for further consideration.In the meantime,we received a second
request from another vendor. Staff believe that there is an economic development/tourism
benefit to approving these requests. However, there is no clear policy or procedure for
approval and coordination of the request as it involves multiple policies and bylaws. As a result,
Economic Development staff are suggesting that we use this as an opportunity for a pilot
project that would allow us to determine what should be included and addressed in
development of a policy moving forward.
DISCUSSION1.Closure of the road has been an issue in the past, due perceived risk/liability issues.Due
to the lack of established process and some concerns on liability and how we deal with
REPORT TO:Municipal Council
SUBMITTED BY:Community Development/EDO
DATE:July 25,2019
SUBJECT:Vendor Permits, Chester Race Week
ORIGIN:
2 Request For Decision /Direction
multiple requests from different groups or individuals, we have, in the past, turned
down such requests.
2.We can provide barricades, with signage for the duration of race week. Staff can check
on them when doing their daily rounds for garbage collection. As for parking on
municipal lands,Chester Yacht Club has already sent a parking plan for the spots,
making sure the bandstand is available and they will set up garbage cans to keep assist
with garbage/litter. (Public Works)
3.Public Works has talked to NSTIR, and since we own the road,all they would request is a
courtesy email notifying of the closure.
4.There are still some issues to be worked out in terms of garbage collection. We would
make it a condition of the vendor permit that the vendors would be responsible for
ensuring the waste receptacles are emptied. Public works staff would commit to picking
up the waste twice a day, once in the morning and once in the afternoon. This is not a
service we would normally provide for a special event, however due to the short time
frame until the event, we are suggesting that for this year we offer this service. A s part
of the debrief on this pilot we would build the collection of waste and clean up of the
area into the approval process for next year.
IMPLICATIONS
Policy
Trade and Licensing By-Law #11 –Under this bylaw a vendor permit would be required from
each of the operators. The Yacht club already has a vendor permit for their site. All vendors
would need to be operating under either an individual vendor permit or an umbrella vendor
permit. Either option would require liability insurance with the Municipality as named insured.
Public Properties By-Law #134 –The public property bylaw establishes Council and the Clerk as
the custodians of municipal property. In order to approve the use of the municipal property and
closure of the road, approval is required f rom Council.
Financial/Budgetary
Staff time required for waste collection and clean up of the site following the event.
Environmental
None
3 Request For Decision /Direction
Strategic Plan
Promote conditions conducive to fostering economic prosperity and tourism
Work Program Implications
Public works has agreed that they can commit to collecting waste in the morning (b/w 7 am and
10 am) and once in afternoon (b/w 1-3 pm).
OPTIONS
1.Approve the pilot project as presented.
2.Deny the requests and keep the road open. Vendors would not be permitted on the
property.
3.Request staff discuss changes with the Race week committee.
ATTACHMENTS
Map and Location