Municipal Streets, Sidewalks, and Trails By-Law M-089-24

Yarmouth, Nova Scotia · No. M-089-24 · adopted 2024-06-26 · summary & facts

This is the exact embedded text of the captured official document. Snapshot e468cefbb0e4 · verified 2026-09-27 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

MUNICIPALITY OF THE DISTRICT OF YARMOUTH Municipal Streets, Sidewalks, and Trails By- Law M-089-24 Effective Date: June 26, 2024 Municipal Streets and Sidewalks By-law M-089-24 Page 1 Part 1 Purpose 1.1 The purpose of this by-law is to provide guidelines regarding activities or conditions affecting municipal streets, sidewalks, trails and other property owned by the Municipality. Part 2 Definitions 2.1 "Abutter" means the owner, lessee or occupier of any premises or lot in the Municipality which abuts a street, roadway or trail; 2.2 "CAO" means the Chief Administrative Officer of the Municipality of Yarmouth; 2.3 "Curb" means a rim, especially of joined stones or concrete, along a street or roadway, forming an edge for a street or sidewalk; 2.4 "Director of Public Works" means the Director of Public Works for the Municipality of Yarmouth; 2.5 "Engineer" means the Municipal Engineer and includes a person acting under the supervision and direction of the Engineer; 2.6 "Heavy Load" means loads of over 9923 lbs or 4501kg; 2.7 "Municipal Infrastructure" includes infrastructure that supports the provision of Municipal services and without restricting the generality of the foregoing includes public streets, sewer, sidewalks, street lighting, trails, traffic signs and other municipal signs; 2.8 "Municipal Sewer" means a sewer owned and operated by the Municipality; 2.9 "Municipality" means the Municipality of the District of Yarmouth; 2.10 "Roadway" means that portion of a Municipal street between the curb lines or the traveled portion of a street designed for vehicular traffic; 2.11 "Sidewalk" means that portion of a street with a hard surface (e.g. asphalt or concrete) 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; 2.12 "Street" means, for the purposes of this by-law, a Municipal street, highway, road, lane, sidewalk, thoroughfare, bridge, square and the curbs, gutters, culverts and retaining MUNICIPALITY OF THE DISTRICT OF YARMOUTH Municipal Streets, Sidewalks, and Trails By- Law M-089-24 Effective Date: June 26, 2024 Municipal Streets and Sidewalks By-law M-089-24 Page 2 walls in connection therewith and, without restricting the generality of the foregoing, includes the full right-of-way width. 2.13 "Trail" means, for the purposes of this by-law, a non-motorized multi-use trail or path alongside a roadway that is physically separated from motorized traffic by an open space or barrier. They are intended for activities such as walking, cycling, horseback riding, and other non-motorized forms of transportation. Part 3 Removal of Ice and Snow from Sidewalks 3.1 Abutters whose property has snow, icicles or ice overhanging or abutting a sidewalk which is a safety hazard or poses a threat, shall remove such snow, icicles or ice before it falls or is likely to fall onto a sidewalk. 3.2 When an abutter fails to remove snow, ice or icicles from sidewalks or structures as required by this by-law, the Director of Public Works may give to the abutter an order to remove the snow and ice within twenty-four (24) hours of OR forthwith upon service of such notice. 3.3 If the remedial work ordered pursuant to Section 3.2 is not made within the time provided for by the order, the Director of Public Works may make or cause to be made such snow, ice or icicle removed. 3.4 The Municipality may recover the expense incurred in making snow, ice or icicle removals pursuant to Section 3.3, together with costs and pre-judgment interest by action in any court of competent jurisdiction, or may charge and collect same as a first lien on the property. 3.5 In clearing of snow from Municipal sidewalks and public roadways, private driveways may be filled with snow as a consequence of snow removal, either before or after a property owner and or occupant has cleared their driveway. The Municipality does not take responsibility for removing snow from these driveways when this occurs. 3.6 Nothing in this by-law creates a duty upon the Municipality to inspect or become aware of hazardous conditions created by snow or ice on, near, or overhanging sidewalks. Council hereby declares, having regard to the resources and fiscal priorities of the Municipality, that it is the express policy of the Municipality: 3.6.1 to only carry out inspections upon receiving a complaint about such conditions in respect of a specific location; and 3.6.2 that such complaints shall be deemed to be remedied upon the removal or remediation of the hazardous condition that existed at the time of the making of the complaint. MUNICIPALITY OF THE DISTRICT OF YARMOUTH Municipal Streets, Sidewalks, and Trails By- Law M-089-24 Effective Date: June 26, 2024 Municipal Streets and Sidewalks By-law M-089-24 Page 3 Part 4 Encroaching Vegetation 4.1 Abutters shall trim the branches of trees, hedges, bushes or other shrubbery which encroach from the abutting property over a street, sidewalk or trail so as to prevent such tree, hedge, bush or other shrubbery: 4.1.1 from interfering with pedestrian traffic on a sidewalk or trail; 4.1.2 from interfering with or affecting the sight lines of any person on a bicycle or in a motor vehicle traveling on the roadway up to a minimum height of 2.25-meters; or 4.1.3 from interfering with any structure on or in a street. Part 5 Nuisance 5.1 No abutter shall place, permit to be placed, or permit to escape from the abutter's property or driveway, dirt, dust, or other nuisance onto the street, sidewalk, or trail. Part 6 Damage 6.1 No person shall: 6.1.1 move any heavy load over or deposit any heavy load on any sidewalk or trail unless the sidewalk or trail has first been protected by covering with boards of adequate thickness to prevent any visible damage or disturbance to the surface of the sidewalk or trail, or 6.1.2 otherwise cause or permit any visible damage or disturbance to the surface of a sidewalk or trail, 6.1.3 except as authorized by a Street Disturbance Permit (see Part 8). 6.2 No person shall: 6.2.1 drag or cause or permit any load or part of a load to drag on any roadway in such a manner as to cause any visible damage or disturbance to the surface of the roadway, or 6.2.2 otherwise cause or permit any visible damage or disturbance to the surface of a roadway, MUNICIPALITY OF THE DISTRICT OF YARMOUTH Municipal Streets, Sidewalks, and Trails By- Law M-089-24 Effective Date: June 26, 2024 Municipal Streets and Sidewalks By-law M-089-24 Page 4 6.2.3 except as authorized by a Street Disturbance Permit (see Part 8). 6.3 No person shall drive over a curb with a heavy load or otherwise cause any visible damage or disturbance to the surface of the curb, except as authorized by a Street Disturbance Permit (see Part 8). Part 7 Gates 7.1 No person shall construct or permit to be used any gate or barriers that open into or encroach upon any portion of the any street, sidewalk, or trail that may in any way impede pedestrian or vehicular traffic. Part 8 Street Disturbance Permit 8.1 No person shall: 8.1.1 make any excavation in a street, sidewalk, or trail; 8.1.2 cause or permit the breaking of the surface of a street, sidewalk, or trail, or other physical damage to a street, sidewalk, or trail by construction activities in or near a street; or 8.1.3 otherwise engage in construction activity or other temporary activity that is likely to obstruct pedestrian or vehicular traffic in a street, sidewalk, or trail without first obtaining a Street Disturbance Permit from the Municipality of the District of Yarmouth. 8.2 Every application for a Street Disturbance Permit shall include: 8.2.1 a non-refundable fee in the amount specified in the Fees Policy when the Permit is required solely because of an obstruction of one month or less to the pedestrian or vehicular traffic in a street, sidewalk, or trail, without breaking or damaging the surface or subsurface of a street, sidewalk, or trail, or to Municipal infrastructure or property in, on or under a street, sidewalk, or trail; 8.2.2 a non-refundable fee in the amount specified in the Fees Policy in all other cases; and 8.2.3 where an excavation or other construction activity is involved that may, in the opinion of the Engineer, cause damage to a street, sidewalk, or trail, a security deposit in the amount specified in the Fees Policy. 8.3 The security deposit required under Section 8.2.3 shall be retained as security that the applicant will properly perform and complete the work for which the permit is granted, MUNICIPALITY OF THE DISTRICT OF YARMOUTH Municipal Streets, Sidewalks, and Trails By- Law M-089-24 Effective Date: June 26, 2024 Municipal Streets and Sidewalks By-law M-089-24 Page 5 and restore and keep the surface of the street, sidewalk, or trail and other Municipal property when such work is done, to a good condition to the satisfaction of the Engineer for a period of twelve (12) months after the completion of the work. 8.4 If the Engineer is of the opinion that the surface of the street, sidewalk, or trail or other Municipal property is not restored and kept in good condition for the twelve (12) month period, they may, upon advance notice to the Permit holder and the owner of the property for the benefit of which the work was done, perform such work in respect of the street, sidewalk, or trail as they consider necessary and the cost shall be deducted from the deposit, and the balance, if any, returned upon the expiry of the twelve (12) month period. If the cost of such work exceeds the deposit, the Municipality may recover the balance, together with costs and pre-judgment interest, by action in any court of competent jurisdiction from the Permit Holder, or may charge and collect the balance as a first lien on the property for whose benefit the work was undertaken. 8.5 In the event of an emergency arising at the location of the excavation, the Engineer may immediately fill or direct the filling of the excavation at the expense of the Permit Holder. 8.6 Every person obtaining a Street Disturbance Permit to make any excavation or opening in any street, sidewalk, or trail shall: 8.6.1 sufficiently and continuously light the excavation at night; 8.6.2 enclose and secure the excavation by a fence or barrier at least one meter in height; and 8.6.3 comply with any standards relating to excavations in the Occupational Health & Safety Act or Regulations or any other applicable statutes or regulations. 8.7 In addition to any other conditions imposed by the Engineer for the granting of a Street Disturbance Permit, all permits shall be subject to the following conditions: 8.7.1 the Engineer may stipulate the hours of work; 8.7.2 the Permit Holder shall keep the work site at all times safe with respect to vehicular and pedestrian traffic, including direction of traffic, barricades, lights, signs, and supply of properly equipped and trained traffic control personnel for protection of traffic, in accordance with the latest edition of the Nova Scotia Temporary Workplace Traffic Control Manual or other standards in force pursuant to the Occupational Health and Safety Act; 8.7.3 the Engineer may order additional precautions, work stoppages and restorations of the street, sidewalk, or trail should circumstance warrant and upon the failure of the Permit Holder to comply within twenty-four (24) hours with such order, or immediately in the event of an emergency, the Municipality may undertake any MUNICIPALITY OF THE DISTRICT OF YARMOUTH Municipal Streets, Sidewalks, and Trails By- Law M-089-24 Effective Date: June 26, 2024 Municipal Streets and Sidewalks By-law M-089-24 Page 6 necessary action at the expense of the Permit Holder; 8.7.4 the Permit Holder shall ensure that the street, sidewalk, or trail is kept free from nuisance, dirt and dust; 8.7.5 the Permit Holder shall dispose of, store, or haul away any clean material suitable for use as structural fill excavated from a street, sidewalk, or trail in accordance with the directions of the Engineer and the material may, at the Engineer's discretion, remain Municipal property; 8.7.6 the Permit Holder shall ensure that all excavations are backfilled and restored in such manner and with such material as is approved by the Engineer and that advance notice of a minimum of twenty-four (24) hours of the backfilling operation shall be provided to the Engineer so that it may be properly inspected; 8.7.7 the Permit Holder shall comply and ensure compliance by any agents, contractors or employees, with: 8.7.7.1 the Nova Scotia Department of Pubic Works Standard Specifications for Highway Construction and Maintenance in cases where the construction activity involved construction, repair or alteration of driveway access points into a street; 8.7.7.2 the Nova Scotia Department of Public Works Standard Specifications for Highway Construction and Maintenance where the construction activity involved excavation or other penetration or damage to the surface or subsurface of a street, sidewalk, or trail; 8.7.7.3 any other Policies or Standards of the Municipality, regarding design or construction standards applicable to municipal infrastructure or property in, on, under or near a street, sidewalk, or trail; 8.7.7.4 the provision of an indemnity in favour of, and in form satisfactory to, the Municipality for the defence and indemnification of any claims arising out of or in relation to the proposed street, sidewalk, or trail disturbance activities; and 8.7.7.5 the permit shall be valid for a period of 6 months from date of issuance, but where work has commenced the permit shall expire twelve (12) months after the date of issuance; and 8.7.7.6 any other condition in respect of safety or preservation of Municipal property interests that the Engineer may impose. MUNICIPALITY OF THE DISTRICT OF YARMOUTH Municipal Streets, Sidewalks, and Trails By- Law M-089-24 Effective Date: June 26, 2024 Municipal Streets and Sidewalks By-law M-089-24 Page 7 8.8 In the event of an emergency requiring the immediate excavation of the street, sidewalk, or trail, the Engineer may give verbal permission for such excavation on the condition that a Street Disturbance Permit is applied for and obtained on the first working day subsequent to the granting of such permission. 8.9 The Director of Public Works and/or Engineer may refuse to issue, renew or amend, or may revoke or suspend a Street Disturbance Permit, upon reasonable notice to an applicant or Permit Holder, when: 8.9.1 the Director of Public Works and/or Engineer is not satisfied that the steps taken, or proposed steps to be taken, by the applicant or Permit Holder have adequately protected or will adequately protect the Municipality's property; 8.9.2 the Director of Public Works and/or Engineer is not satisfied that the steps taken, or proposed steps to be taken, by the applicant or Permit Holder have minimized or will minimize the obstruction to pedestrian or vehicular traffic in the street, sidewalk, or trail; 8.9.3 the Director of Public Works and/or Engineer is not satisfied that the steps taken, or proposed steps to be taken, by the applicant or Permit Holder have achieved or will achieve compliance with any applicable Policies or Standards of the Municipality; 8.9.4 this Policy or the terms or conditions of a Permit have been contravened; or 8.9.5 for any other reason in the public interest. 8.10 A person aggrieved by a decision of the Director of Public Works and/or Engineer pursuant to Section 9.9 may appeal that decision to Council within fifteen (15) days of the decision by written notice of appeal to the CAO. 8.11 After the hearing of an appeal, Council may confirm, rescind or vary the decision of the Director of Public Works and/or Engineer. Part 9 Penalties 9.1 Any person who contravenes any part of this By-law is guilty of an offence punishable on summary conviction by a fine of not less than one hundred ($100) dollars and not more than ten thousand ($10,000) dollars; 9.2 each day that a person commits an offence under this By-law constitutes a separate offence. MUNICIPALITY OF THE DISTRICT OF YARMOUTH Municipal Streets, Sidewalks, and Trails By- Law M-089-24 Effective Date: June 26, 2024 Municipal Streets and Sidewalks By-law M-089-24 Page 8 Part 10 Repeal 10.1 This By-Law hereby repeals and replaces Streets and Sidewalks By-law S-089-22. Chief Administrative Officer's Annotation for Official By-Law Book Date of First Reading May 29, 2024 Date of Advertisement of Notice of Intent to Consider May 31, 2024 Date of Second Reading June 26, 2024 Date of Advertisement of Passage of By-law August 6, 2024 Date of Mailing to Minister a Certified Copy of By-law August 6, 2024 I certify that this Municipal Streets and Sidewalks By-law M-089-24 was adopted by Council and published as indicated above. __________________________________ August 6, 2024 Chief Administrative Officer Date Date last reviewed by Council: June 26, 2024 Date last amended: June 26, 2024 MUNICIPALITY OF THE DISTRICT OF YARMOUTH Municipal Streets, Sidewalks, and Trails By- Law M-089-24 Effective Date: June 26, 2024 Municipal Streets and Sidewalks By-law M-089-24 Page 9 Schedule A Municipal Sidewalk Locations Arcadia from Civic # 10094 Highway 3 to 10270 Highway 3 Brooklyn from Civic # 402 Brooklyn Rd to 547 Brooklyn Rd Carleton from Civic # 3980 Highway 340 to 4014 Highway 340 17 Carleton Triangle Rd to 71 Carleton Triangle Rd 14 Highway 203 to 32 Highway 203 Grove Road/Main Shore Road Civic # 20 Highway 304 to 86 Highway 304 25 Main Shore Rd to 89 Main Shore Rd Hebron from Civic # 932 Highway 1 to 1558 Greenville Rd 552 Highway 1 to 426 Highway 1 Greenville Rd Civic # 552 Highway 1 to 1541 Greenville Rd Kemptville from Civic # 2076 Highway 203 to 2175 Highway 203 Port Maitland Civic # 3030 Intersection of Richmond Rd & Highway 1 to 3269 Highway 1 South Ohio from Civic # 802 Highway 340 to 854 Highway 340 MUNICIPALITY OF THE DISTRICT OF YARMOUTH Municipal Streets, Sidewalks, and Trails By- Law M-089-24 Effective Date: June 26, 2024 Municipal Streets and Sidewalks By-law M-089-24 Page 10 Schedule B Municipal Street Locations Lake Estates Court Hebron Park Drive (Municipal Portion) Brooklyn Seeland Avenue Brooklyn County Crescent (Municipal Portion) Greenville MUNICIPALITY OF THE DISTRICT OF YARMOUTH Municipal Streets, Sidewalks, and Trails By- Law M-089-24 Effective Date: June 26, 2024 Municipal Streets and Sidewalks By-law M-089-24 Page 11 Schedule C Municipal Trails Rockville/Kelly's Cove Trail Civic 1510 to 1833, Chebogue Road