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HALIFAX REGIONAL MUNICIPALITY
BY-LAW NUMBER S - 300
BY-LAW RESPECTING STREETS
Number and Short Title
1.
This By-law shall be known as By-law Number S-300 and shall be cited as the "Streets
By-law".
Application
2.
This by-law shall apply to all public streets in the Halifax Regional Municipality, except
for bridges vested in the Halifax-Dartmouth Bridge Commission and streets vested in His
Majesty in right of the Province.
Definitions
3.
In this By-law:
(a)
"abutter" means the owner, lessee, or occupier of any premises or lot in the
Municipality which abuts a 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;
(aa)
"Appeals Committee" means the Appeals Committee established pursuant to
Halifax Regional Municipality By-law A-100, the Appeals Committee By-law;
(ab)
"applicant" means any person who makes an application for, and obtains, any
permit under the provisions of this by-law;
(b)
"construct" includes the installation, alteration, or removal of any facility;
(ba)
"contractor" includes any person who, for another person, carries out work or
supplies labour for the alteration, construction, demolition, excavation, or development of
land or a structure;
(c)
repealed;
(d)
"Council" means the Council of the Halifax Regional Municipality;
(e)
"crosswalk"
means that portion of a roadway ordinarily included within the
prolongation or connection of curblines 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;
(ea)
"driveway" means that portion of a street between the curb or edge of the roadway
and the abutting property line which is improved to allow vehicular access to the property;
(f)
Repealed;
(g)
"Engineer" means the Engineer of the Halifax Regional Municipality and includes
a person acting under the supervision and direction of the Engineer;
(h)
"facility" means any pole, pole lines (including braces and anchors), wires, duct
bank, 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.
(i)
"municipal infrastructure" includes infrastructure that supports the provision of
municipal services and without restricting the generality of the foregoing includes public
trees, street lighting, traffic lights, traffic signs and other municipal signs;
(j)
"municipal street furniture" includes banners, flower pot and other decorations
owned by the Municipality;
(k)
"Municipality" means the Halifax Regional Municipality;
(ka)
"oversized vehicle" means a vehicle, including any trailer or load connected
thereto, having dimensions in excess of 30.5 metres in length, 3.7 metres in width; or 4.5
metres in height;
(l)
"owner" includes
(i) a part owner, joint owner, tenant in common or joint tenant of the whole or any
part of land or a building, and
(ii) in the absence of proof to the contrary, the person or persons assessed for the
property;
(la)
"person" means a natural person, corporation, partnership, an association, society,
firm, agent, trustee, or registered Canadian charitable organization as defined in section
3(bc) of the Halifax Regional Municipality Charter, and includes the heirs, executors or
other legal representatives of a person, or owner;
(m)
"public tree" means a tree of which the majority of the trunk is on public land within
the Municipality;
(n)
"roadway" means that portion of a street between the curb lines or the travelled
portion of a street designed for vehicular travel;
(o)
"sidewalk" means that portion of a street between the curb line and adjacent
property line or any part of a street especially set aside for pedestrian travel and separated
from the roadway;
(p)
"street" means a public street, highway, road, lane, sidewalk, thoroughfare, bridge
and 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,
but does not include bridges vested in the Halifax-Dartmouth Bridge Commission and
streets vested in His Majesty in right of the Province;
(pa)
"structure" includes any building, bridge, pedway, balcony, bay window, elevator,
fence, foundation wall, grating, hatch, hatchway, loading platform, manhole, porch,
portico, railing, retaining wall, permanent sign attached to a building, step, storage tank,
tunnel, vault, veranda, or any part thereof;
(pb)
"undergrounding area" means the area of the Municipality shown on Schedule 1;
(q)
"utility" includes any person or corporation that provides water, wastewater
services, stormwater services, electric power, telecommunications service, natural gas or
other gas intended for use as fuel to the public.
(r)
Repealed.
PART 1 - REMOVAL OF ICE AND SNOW FROM SIDEWALKS
Removal of Snow and Ice
4.
(1)
Owner, except where snow removal service is provided by the Municipality, shall
remove all snow and ice,
(a)
from any sidewalk which abuts any side of their property; provided ,
however, that where a property containing a detached one-family dwelling unit, a
duplex dwelling or a semi-detached dwelling unit as defined in the Land Use
Bylaws has frontage on a street at both the front and rear of the property, the owner
shall not be required to remove the snow and ice from a sidewalk which is part of
the street at the rear of the property, where the street at the front of the property is
defined as the street on which the property has its civic address, and
(b)
from any pathway leading from a sidewalk abutting their property to the
roadway, and
(c)
between any sidewalk abutting their property and a crosswalk
for a minimum width of 1.6 metres or the full width of the paved sidewalk, whichever is
less, within twelve hours after the end of any snowfall or, where the snow stops falling
during the night, six hours after daylight, and without restricting the generality of the
foregoing, owners shall render the sidewalk completely free of snow and ice to bare
pavement within said times.
(2)
No person shall deposit snow or ice on the travelled way of any street.
Removal of Icicles
5.
No person shall permit icicles to accumulate on any part of a structure owned or occupied
by them so as to become dangerous to persons passing on the street.
Engineer May Remove
6.
(1)
Where the owner fails to remove snow or ice from a sidewalk or a structure as
required by this By-law, the Engineer or a peace officer may serve an Order to Remove
Snow and Ice upon the owner by posting the Order in a conspicuous place upon the
property.
(2)
If the owner fails to comply with the Order to Remove Snow and Ice within 24
hours of service of the Order, the Engineer or a peace officer may remove such snow and
ice and may recover the cost of such work from the owner.
(3)
The Municipality's cost in removing the snow and ice pursuant to subsection (2)
shall constitute a lien against the property which shall be applied and enforced in the
same manner as for rates and taxes under the Assessment Act.
PART II - USE OF SIDEWALKS AND BOULEVARDS
Animals on Sidewalk
7.
No person shall drive or ride any horse, cow, sheep or other animal, on any sidewalk where
the passage or excrement of such animal would be likely to cause annoyance to persons
using the sidewalk.
Damage to Sidewalks, Curbs and Landscaping
8.
Whenever any sidewalk, curb, or landscaping between the edge of the roadway and the
property line has been broken or otherwise damaged by the abutter, their contractor or
agent, the Engineer may serve notice in writing upon the owner of the abutting property
requiring the owner to take immediate action to render the damaged area in a safe
condition, to obtain a permit to repair said damage within 48 hours, as hereinafter provided,
and to effect repair of such damage within 7 days from service of such notice or such time
as stated on the notice, and if the owner fails to make such repairs within such time, the
Engineer may cause the same to be done at the expense of the owner.
Encroaching hedges, tree roots, tree branches
9.
(1)
Abutters shall trim the branches or roots of any tree, hedging, bush or other
shrubbery which encroaches from the abutting property over or under any street so as to
prevent such trees, hedging, bushes or other shrubbery from interfering with or affecting
the sightlines of any person travelling on a street or interfering with any structure on or in
a street.
(2)
Where the abutter has failed to comply with subsection (1), the Engineer may
serve notice in writing upon the abutter requiring the trimming of said tree, hedging, bush
or other shrubbery within such time as stated on the notice, and if the abutter fails to do
so within such time, the Engineer may cause the same to be done at the expense of the
abutter.
Littering
10.
(1) Owners shall maintain the area between the edge of the roadway and their property
line free from garbage, waste or debris whether or not it is placed in containers.
(2) Where the owner fails to maintain the area between the edge of the roadway and their
property line as required by subsection (1) the Engineer or a peace officer may serve an
Order to remove Improperly Placed Solid Waste upon the owner by posting the Order in a
conspicuous place upon the property. Such an Order shall not be given on a collection day
for the property pursuant to By-Law S-600 Solid Waste Collection and Disposal by-law.
(3) If the garbage, waste or debris is not removed in accordance with the by-law and the
time period outlined in the Order to Remove Improperly Placed Solid Waste, the Engineer
or a peace officer, may remove or cause to be removed such garbage, waste or debris at the
expense of the abutting owner.
(4)
The Municipality's cost in removing the garbage, waste or debris pursuant to
subsection (3) shall constitute a lien against the property which shall be applied and
enforced in the same manner as for rates and taxes under the Assessment Act.
(5)
Repealed.
Maintenance of Grass
11.
Abutters, except where grass cutting and maintenance service is provided by the
Municipality or the Halifax Regional Water Commission, shall maintain any grass between
the edge of the roadway and the edge of the property line, closely clipped and to a height
not greater than 15 cm and shall keep such areas in good order including raking and renewal
of the grass as necessary.
Boulevard Gardens
11A (1)
Section 11 shall not apply where a boulevard garden has been placed in accordance
with the Boulevard Gardens Administrative Order.
(2)
For greater certainty, a Streets and Services Permit is not required for a boulevard
garden as set out in subsection (1).
11B.
(1)
A boulevard garden shall be constructed in accordance with the Boulevard Gardens
Administrative Order.
(2)
Where the Engineer is satisfied that a boulevard garden is
(a)
not constructed in accordance with the Boulevard Gardens Administrative
Order,
(b)
a hazard to public safety, or
(c)
a hinderance to municipal or utility operations,
the Engineer may issue an Order to Comply to the abutter.
(3)
Every Order to Comply shall contain:
(a)
the standards to which the boulevard garden does not comply;
(b)
the date after which the boulevard garden will be subject to re-inspection to
confirm compliance with the Order to Comply; and
(c)
the action that will be taken against the abutter should the boulevard garden
not comply with the standards at the time of re-inspection.
(4)
Where an abutter fails to comply with the requirements of an Order to Comply
within the time specified in the Order to Comply, the Engineer may enter upon the property
and carry out the work specified in the Order to Comply.
11C. A boulevard garden that becomes unsightly or is not maintained may be removed by the
Municipality.
11D. No person shall plant an invasive species, as set out in the Boulevard Gardens
Administrative Order, in a boulevard garden.
PART III
UTILITIES
Application
12.
This Part shall apply to any utility constructing a facility in or upon any street.
Permit Required
13.
(1)
No facility shall be constructed by a utility without first obtaining a permit therefor
from the Engineer in accordance with Part IV of this by-law, and such facility shall be
constructed in accordance with the conditions set out in the permit. The location thereof
shall be subject to the approval of the Engineer.
(2)
A separate permit shall be required for the construction of a facility on each street
affected.
Contents of Application
14.
The application shall include plans satisfactory to the Engineer showing the location of
such facility, existing municipal and utility infrastructure, including public trees.
Permit Conditions for Utilities
15.
In addition to the conditions set out therein, every permit issued to a utility is deemed to
include the following conditions:
(a)
every line of poles must be run on one side of the street only, except when
absolutely necessary to change to the other side, but such change may be made only by the
permission of the Engineer;
(b)
new poles must not be deposited on any street more than 3 days in advance of their
erection;
(c)
two lines of poles shall not be erected on the same side of the street;
(d)
when directed by the Engineer, or when required to clear trees, poles and wires
shall be of such height as the Engineer deems necessary;
(e)
repealed;
(ea)
in the undergrounding area all wires, cables, pipes, and other Facilities associated
with the transmission, delivery or furnishing of telecommunications, electricity, water,
wastewater, stormwater, steam, gas, geothermal energy or other utilities, shall be
constructed underground and in conduits or vaults, unless authorized otherwise by the
Engineer;
(f)
underground facilities shall be constructed no less than 750 mm below grade under
paved surfaces or otherwise no less than 600 mm below the surface grade of the street;
(g)
repealed.
Removal of Wires and Poles
16.
(1)
All broken and dead wires, and all wires, poles and fixtures not actually in use must
be removed by the utility unless permitted to remain by the Engineer.
(2)
Any broken pole or dead wire that is on any street more than 3 days may be removed
by the Engineer at the expense of the utility, after three days' notice to remove same.
(3)
When a pole is taken down it must be removed the same day.
Change of Location
17.
Where in the opinion of the Engineer the location of any facility shall interfere with any
works or undertakings of the Municipality, the facility shall be changed or altered and,
wherever necessary removed; whenever the Engineer orders such changes of location or
removal, it shall be done by the utility without unnecessary delay and at its expense, or it
may be done by the Engineer at the expense of the utility.
18.
Repealed.
Conflict with Agreements under By-Law E-200
18A. Notwithstanding the provisions of this By-law, if a utility has an agreement with the
Municipality pursuant to section 10 of By-law E-200, the Encroachment By-Law, and the
terms of that agreement conflict with any of the provisions contained herein, the terms of
the agreement shall prevail.
Use by Municipality
19.
Every utility owning poles shall allow the Municipality free of charge,
(a)
(i)
the use of a portion of each pole for the purpose of erecting and maintaining
thereon municipal infrastructure or municipal street furniture owned by the Municipality,
and appurtenances thereto advance notification of which will be provided to the utility; and
(ii)
the Municipality indemnifies and saves the utility harmless in the event of
any claim made as a result of the presence, operation and maintenance on poles of the
utility of such municipal infrastructure or municipal street furniture, except to the extent
that such loss or damage is caused by the utility or by a party or parties other than the
Municipality;
(b)
where the utility wishes to remove a pole which is being used to support municipal
infrastructure, the Municipality shall have the option of requiring the pole to remain, and
upon removal of the utility's facilities from the pole, ownership of and responsibility for
the pole shall be transferred to the Municipality.
Records
20.
When required by the Engineer, every utility shall file in the office of the Engineer such
records of the facilities owned by it as the Engineer requires.
Public Trees
21.
(1)
Except in the event of an emergency, no utility shall disturb a public tree by pruning
or other means without first obtaining permission therefor from the Engineer.
(2)
In constructing any facility, a utility shall minimize any disturbance to a public tree.
(3)
Where it is necessary for a utility to alter a public tree, the Engineer may assign an
inspector to supervise the work, the cost of which shall be borne by the utility.
(4)
The Engineer may require that the utility do such things as are necessary to ensure
the health and safety of public trees affected by any works carried out by the utility, even
where not required by the utility's own standards.
(5)
Where a utility disturbs a tree by pruning or other means, the utility shall use sound
arboricultural practices as determined by the Engineer.
Non-Compliance
22.
Every utility constructing a facility in or upon a street shall comply with this bylaw; and in
the event of failure to do so within the time specified by the Engineer, the Engineer may
require the removal of the facility.
PART IV - PERMITS
Permit Required
23.
(1)
No person shall, without first obtaining a permit therefore from the Engineer:
(a)
make any excavation in a street;
(b)
install or repair any facility on a street;
(c)
obstruct a street;
(d)
construct a driveway;
(e)
operate an oversized vehicle on a street; or
(f)
close off or make use of the street, or any portion thereof, for any activity other than
as a right of way or a use already regulated under this or any other by-law of the
Halifax Regional Municipality.
(2)
Every permit application shall include: the appropriate application fee, dependent
upon the type of activity to be undertaken, as specified in Administrative Order 15.
(3)
Where the activity is in association with a construction, demolition or restoration
project on property abutting a street, the permit shall include the name of the contractor
engaged in work in the right of way, if different from the applicant.
Performance Security & Warranty
24.
(1)
Where there is an excavation within the street, the application shall include:
a) a security deposit as specified in Administrative Order 15, or bonding in a form
and amount acceptable to the Engineer, and
b) for excavations within pavement areas, a non-refundable pavement impact fee as
specified in Administrative Order 15.
(c) repealed.
(2)
The security deposit shall be retained as a warranty that the applicant or contractor
will properly perform and complete the work for which the permit is granted, and
restore and keep the surface of the street when such work is done, to a good
condition and to the satisfaction of the Engineer, for a period of twenty-four months
after the reinstatement works are inspected and approved by the Municipality.
(3)
If the Engineer is of the opinion that the work is not being properly performed, or
the surface of the street is not kept in good condition, the Engineer may, with notice,
perform such work in respect of the work or street as the Engineer considers
necessary and the cost shall be deducted from the deposit, and the balance, if any,
returned upon the expiry of the twenty-four month period referred to in subsection
(2). If the cost of such work exceeds the deposit, the applicant and contractor are
liable to the Municipality for the remainder.
(4)
Subject to subsection (3) if the permit is in association with a construction,
demolition or restoration project on property abutting a street, the balance with
interest at the rate determine by Council, by policy, from the date of the completion
of the work until the date of payment, is a first lien on the property upon which, or
for the benefit of which, the work was done.
Annual Permits
25.
(1)
The Engineer may grant a periodic or annual permit for routine work and
maintenance including pavement patching related thereto which require excavation
in municipal streets, subject to such conditions as the Engineer may determine, and,
without restricting the generality of the foregoing, any such permit shall require that
the Engineer be informed of the location, contractor and time of such work prior to
its commencement and that the contractor provide liability insurance in accordance
with clause 28(h).
(2)
Applications for annual permits shall include the appropriate application fee and
security deposit in the amounts specified in Administrative Order 15.
(3)
The provisions of s.24 shall apply, mutatis mutandis, to the annual permit security
deposit and the said security deposit shall be returnable, upon the Engineer being
satisfied that the provisions of this bylaw have been adhered to, on expiration of
the permit.
(4)
Every holder of an annual permit shall file in the office of the Engineer a notice of
completion of work for all facilities constructed or repaired within a street within
one week of the completion of the work.
(5)
Every holder of an annual permit shall be responsible to keep records and inform
the Engineer of excavations made in the roadway portion of the street by the
permit holder for any works undertaken pursuant to the issuance of an annual
permit and shall pay the pavement impact fee specified in clause 24(1)(b).
(6) All excavation work carried out under an annual permit is subject
to inspection by the Municipality and said inspection is subject to an inspection
fee as set out in Administrative Order 15.
Closing of Openings
26.
(1)
Every excavation in a street shall, after notice, either written or verbal, given by the
Engineer to the applicant, contractor or abutter, be closed and filled as required by
the notice, and if not so closed and filled within 48 hours after such notice, then it
may be closed and filled by the Engineer at the expense of the applicant, contractor
or abutter.
(2)
If, in the opinion of the Engineer, the excavation poses a hazard, the Engineer
may immediately fill the excavation and recover the costs thereof from the
applicant, contractor or the abutter.
Protection of Excavations
27.
Every person obtaining a permit to make any excavation or opening in or near any
street shall comply with all applicable health & safety regulations and instructions from the
Engineer, and take all reasonable measures (including the erection of fencing, lighting,
plating and signage as appropriate) to safeguard the work site and to protect workers and
the public.
Temporary Street Closure Permits
27A (1)
Notwithstanding any other by-law or policy, the Engineer may grant a permit for
the temporary closure of a street, or part thereof, for any purpose that the Engineer deems
beneficial to the public interest.
(2)
An application to temporarily close a street, or part thereof, shall include the
following:
(a) a depiction or description of the proposed closure limits;
(b) an outline of how the street will be used during the closure and how this use is
beneficial to the public interest;
(c) the date, time and duration of the proposed closure;
(d) confirmation that sidewalks will remain fully open and that a 6-metre fire lane
will be maintained at all times;
(e) if requested by the Engineer, a petition showing the support of abutters within
the area of the proposed closure; and
(f) any other information that the Engineer may deem appropriate in the
circumstances.
(3)
In determining whether to grant a permit for a temporary street closure, the Engineer
shall consider:
(a) information contained in the application;
(b) impacts of the proposed closure on traffic flow and transit services;
(c) the recommendations, if any, of Regional Council, the Special Events Task
Force, and other HRM staff; and
(d) any other criteria that the Engineer deems appropriate.
Permit Conditions
28.
In addition to any other conditions imposed by the Engineer, all permits shall be subject to
the following conditions:
(a)
the Engineer may stipulate the hours of work;
(b)
the applicant or contractor 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 Temporary Workplace Control Manual in force pursuant to
the Occupational Health and Safety Act;
(c)
notice being given to the Engineer prior to the installation of temporary steel plates
over openings;
(d)
the Engineer may order additional precautions, work stoppages and restorations of
the street should circumstances warrant such action; upon the failure of the applicant or
contractor to comply within 24 hours with such order or in the event of an emergency, the
Engineer may undertake any necessary action and recover the cost of such action from the
applicant or contractor;
(e)
the applicant or contractor shall ensure that the street is kept free from nuisance,
dirt, and dust;
(f)
repealed;
(g)
the applicant or contractor 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 24 hours of the backfilling operation shall be provided to
the Engineer so that it may be properly inspected;
(h)
the applicant or contractor shall provide and maintain liability insurance in an
amount as outlined in Administrative Order 15 with the Municipality named as additional
insured, and such insurance shall indemnify the Municipality and its employees from any
and all claims made as a result of the actions of the applicant or contractor undertaken
pursuant to a permit issued under this by-law.
(i)
repealed;
(ia)
All pavement cuts must comply with the requirements of the Municipal Design
Guidelines;
(j)
unless otherwise authorized by the Engineer, pavement cuts shall not be permitted
(i)
for two calendar years on streets which have been resurfaced,
reconstructed or have received a pavement treatment, or
(ii)
from November 1st through April 30th of any calendar year;
(k)
any other condition that the Engineer may impose;
(l)
the Engineer may require the completion of a Construction Management Plan as set
out in Administrative Order 2016-003-ADM; and
(m)
the applicant or contractor must maintain a copy of the issued permit at the work
site, and produce it to the Engineer, an HRM by-law enforcement officer, or a peace officer
upon request.
Emergencies
29.
Despite anything to the contrary in this By-law, a person who owns a structure or facility
in a street may do emergency work with respect to such structure or facility without first
obtaining a permit or delivering notice to the Engineer, if:
(a) the work requires immediate completion to avoid endangerment to health, safety, or to
provide an essential service;
(b) obtaining a permit or consent from the Engineer before doing the work is not
practicable;
(c) the person does only such work as is necessary to end the emergency;
(d) the person notifies the Engineer of the work and applies for any applicable permits as
soon as possible (and in any event, no later than 5 business days after the emergency
work commences);
(e) the person provides to the Engineer such information concerning the work as the
Engineer may reasonably require; and
(f) after the emergency, the person complies with the requirements of this By-law to the
extent it is still possible to do so.
Obstructions
30.
(1)
No person shall obstruct any street without first obtaining a permit from the
Engineer.
(1a)
Subsection 1 shall not apply to a roadside memorial as set out in the Roadside
Memorials Administrative Order.
(2)
Where an obstruction may cause damage to the street, the Engineer may require a
security deposit in the amount specified in Administrative Order 15, such deposit to be
held until the Engineer is satisfied that no damage has occurred to the street after the
obstruction has been removed.
(3)
The Engineer may permit any person to use any portion of a street for
construction or other temporary purpose subject to any conditions that the Engineer may
reasonably impose.
(4)
The Engineer may refuse to issue a permit when it is in the public interest to do
so.
PART IVA - CROSSWALK FLAGS
30A
(1)
No person shall install crosswalk flags on or near a street except in accordance
with this section.
(2)
A person may request permission from the Engineer to install crosswalk flags on
or near a street pursuant to the Placement of Crosswalk Flags Administrative Order.
(3)
If permission is granted, the crosswalk flags shall be installed in accordance with
the conditions set out in the permission, and such permission shall be provided to the
requestor.
(4)
If permission has been granted by the Engineer, every crosswalk flag shall
(a)
be bright orange in colour;
(b)
not exceed forty (40) centimeters by forty (40) centimeters in width; and
(c)
be attached to a dowel or rod that does not exceed 75 centimeters in
length.
PART V - DRIVEWAY ACCESS
Permit Required
31.
Every property owner is required to obtain a permit from the Engineer before constructing
a driveway.
Cost and Driveway Specifications
32.
Every driveway shall be constructed and maintained at the expense of the property owner
of the lot served, in conformance with the specifications as determined by the Engineer in
accordance with good engineering practice, and in compliance with all applicable laws and
regulations.
Separate Driveways
33.
(1)
With the exception of signalized intersections, where more than 100 vehicles will
enter or leave a street in any one hour, separate driveways are required, one for egress and
the other for access, subject to the following conditions:
(a)
separate driveways shall not be permitted to join or meet the roadway at an angle
less than 45 degrees;
(b)
separate driveways shall be physically separated from other driveways and shall be
clearly marked as an entrance or an exit to the property the driveway will serve; and
(c)
separate driveways shall have a width greater than 3 metres and less than 7 metres
at the point where the driveway joins the roadway.
(2)
Notwithstanding subsection (1), the Engineer may approve a single driveway for
access and egress subject to special conditions, where in the opinion of the Engineer the
driveway will not affect the safe movement of traffic.
Two-Way Driveways
34.
(1)
Driveways permitted to allow vehicles to both enter and leave a street by means of
the same driveway shall conform to the following requirements:
(a)
two-way driveways shall not be permitted to join the roadway at an angle
less than 70 degrees;
(b)
Two-way driveways serving residentially used property with 4 or fewer
units shall have a width not less than 3 metres and not greater than 5 metres at a
point where the driveway meets the roadway, except where the property frontage
exceeds 18 metres, a driveway up to 6 metres in width may be permitted;
(c)
Two-way driveways serving commercially, institutionally or residentially
used property with 5 or more units shall have a width not less than 7 metres and
not greater than 10 metres at a point where the driveway meets the roadway; and
(d)
Two-way driveways serving industrial used property or property which is
zoned for industrial or construction and demolition use shall have a width not less
than 10 metres and not greater than 12 metres at a point where the driveway meets
the roadway.
(2)
Notwithstanding subsection (1), where there are limiting or special circumstances,
the Engineer may approve a driveway width subject to special conditions, where in
the opinion of the Engineer the driveway will not affect the safe movement of
traffic.
Maximum Number of Driveways
35.
(1)
All driveways must conform with the following requirements:
(a)
no more than one driveway may serve any residentially used or zoned lot having
less than 30 metres of frontage on one street, except where the lot is a
corner lot fronting on two local streets in which case one driveway on
each street may be permitted by the Engineer;
(b)
no more than two driveways may serve any residentially used or zoned lot
having less than 180 metres and more than 30 metres of frontage on one
street;
(c)
no more than two driveways may serve any non-residentially used or zoned
lot having less than 30 metres of frontage on one street;
(d)
no more than three driveways may be permitted to serve any non-
residentially used or zoned lot which has less than 180 metres and more than
30 metres of frontage on one street; and
(e)
any lots having more than 180 metres of frontage on one street may be
permitted an additional driveway for each additional 150 metres of lot
frontage on the street.
(2)
Notwithstanding subsection (1), the Engineer may refuse to issue a permit for more
than one driveway per lot where the additional driveway would affect the safe movement
of traffic on the street due to high traffic volumes or other reason.
(3)
Notwithstanding subsection (1), where there are limiting or special circumstances,
the Engineer may approve an additional driveway subject to special conditions, where in
the opinion of the Engineer the driveway will not affect the safe movement of traffic.
Proximity to Intersections
36.
(1)
No driveway shall be located
(a)
within 30 metres of a street intersection controlled by traffic signals;
(b)
within 30 metres of the intersection of a major street; or
(c)
within 8 metres of the intersection of a local street;
measured from the extension of the edge of the roadway of the intersecting street, excluding
any curb return or flare.
(2)
Except where the property to be served abuts two local streets, no driveway shall
be located on any street where the property to be served abuts and has reasonable access to
another street that carries a lesser amount of daily traffic
(3)
Notwithstanding subsection (1), the Engineer may approve a driveway where the
proposed driveway will form part of the intersection, or where there is no other means of
access to the lot, and in such cases, the Engineer may issue the permit subject to any
condition which, in the opinion of the Engineer, will minimize the impact to traffic by
reason of said access.
(4)
Notwithstanding subsection (1) or (2), the Engineer may refuse access, or approve
access subject to special conditions, where there are limiting circumstances such as
compound curves, right turn by-pass lanes, acceleration or deceleration lanes.
Driveway Culverts
37.
Where a driveway crosses an existing ditch, the property owner shall install a culvert at the
owner's expense and in conformance with the specifications as determined by the Engineer
in accordance with good engineering practice, and in accordance with the instructions and
approvals of other authorities having jurisdiction.
Sight Distances
38.
(1)
All driveways shall meet minimum stopping sight distances requirements in
conformance with the specifications as determined by the Engineer in accordance with
good engineering practice.
(2)
Notwithstanding subsection (1), the Engineer may approve a driveway where there
is no other means of access to the lot, and in such cases, the Engineer may issue the permit
subject to special conditions.
Curbs
39.
No person shall drive a vehicle over a curb.
Driveway Drainage
40.
Driveways shall be constructed and maintained so as to prevent surface drainage, dirt or
dust from private property such as to constitute a nuisance or hazard or in such amount as
will enter the public sewer system, from being carried onto the street or sidewalk by means
of the surface of a driveway.
GENERAL PROVISIONS
Encroaching Gates
41.
No person, other than the Municipality with the approval of the Engineer, shall construct
or permit to be used any gate or barriers that open into or encroach upon any portion of the
street or that may in any way impede pedestrian or vehicular traffic.
Revocation of Permits
42.
(1)
The Engineer may cancel, revoke or suspend any permit where there is a violation
of this bylaw, any order made pursuant to this bylaw and any condition of any permit issued
under the authority of this bylaw.
(2)
Any person who has been refused a permit or whose permit has been revoked
pursuant to the exercise of any discretion by the Engineer may appeal to the Appeals
Committee.
(3)
All appeals shall be in writing, in the form of a notice, and filed with the Municipal
Clerk within 15 days of the refusal or revocation and shall clearly state the grounds for the
appeal.
(4)
The Appeals Committee shall hear the appeal at a time and place as it determines
and may confirm the refusal or revocation by the Engineer or direct the immediate issuance
or re-issuance of the permit by the Engineer subject to such conditions as the Appeals
Committee may determine.
(5)
For the purposes of this section, permit includes permission under Part IVA.
Dirt and Other Nuisances
43.
No person shall place, permit to be placed, or permit to escape from an abutting property
dirt, dust, or other nuisance onto the street surface.
Signs
44.
No person shall place or allow to be placed any sign or advertising board, including
sandwich boards, within the street without first obtaining a permit therefor pursuant to a
sign or encroachment bylaw.
Penalty
45.
(1)
Any person who contravenes any provision of this By-law, an order issued pursuant
to this By-Law, or a permit issued pursuant to this By-law is guilty of an offence and is
liable on summary conviction to a penalty of not less than one hundred dollars ($100) and
not more than ten thousand ($10,000.00) dollars.
(2)
Repealed.
Schedule
45A. Any Schedule attached to this By-law shall form part of this By-law.
Repeal
46.
Ordinance 180, the Streets Ordinance of the City of Halifax; Bylaw S-1400 of the City of
Dartmouth; Halifax County Municipality Bylaw No. 6 respecting Municipal Streets and
Property; City of Halifax Ordinance No. 7 respecting Poles and Wires in Streets; and
City of Halifax Ordinance No. 7A respecting Wires, Cables, Conduits, Ducts and Pipes in
the Street are repealed but City of Dartmouth amending bylaw S-1401 is not repealed.
Done and passed in Council this 18th day of November, 1997.
Walter R. Fitzgerald
MAYOR
Vi Carmichael
MUNICIPAL CLERK
I, Vi Carmichael, Municipal Clerk for the Halifax Regional Municipality, hereby certify that the
above-noted by-law was passed at a meeting of the Halifax Regional Council held on November
18, 1997.
BY-LAW S-300
Notice of Motion:
September 15, 1997
First Reading:
September 30, 1997
Notice of Intent Publication:
October 18, 1997
Second Reading:
November 18, 1997
Third Reading:
November 18, 1997
Approval of Minister of Housing & Municipal Affairs:
N/A
Effective Date:
November 22, 1997
No. 1 Amendment by S-301
Subsection (2) of Section 23
Notice of Motion:
November 17, 1998
First Reading:
December 1, 1998
Notice of Intent Publication:
December 5, 1998
Second Reading:
December 15, 1998
Third Reading:
December 15, 1998
Approval of Minister of Housing & Municipal Affairs:
N/A
Effective Date:
January 2, 1999
No. 2 Amended by S-302
Clause (a) and (c) of Subsection (1) of Section 4
Notice of Motion:
February 20, 2001
First Reading:
March 6, 2001
Notice of Intent Publication
March 10, 2001
Second Reading:
March 27, 2001
Approval of Minister of Housing & Municipal Affairs:
N/A
Effective Date:
March 31, 2001
No. 3 Amended by S-304
Subsection (1) of Section 10; Subsection (2) of Section 10 is renumbered as subsection (5) and
subsections (2), (3), and (4), inserted between subsections (1) and (5).
Notice of Motion:
July 17, 2001
First Reading:
August 21, 2001
Notice of Intent Publication:
August 25, 2001
Second Reading:
October 2, 2001
Approval of Service Nova Scotia and Municipal Relations:
N/A
Effective Date:
October 6, 2001
______________________________________________________________________________
No. 4 (V-101)
Amending Subsection (1) of Section 45
Notice of Motion:
August 19, 2003
First Reading:
August 26, 2003
Notice of Public Hearing Publication:
September 6, 2003
Second Reading:
September 23, 2003
Approval of Service Nova Scotia and Municipal Relations:
N/A
Effective Date:
September 27, 2003
No. 5 (S-305)
Amending Subsection (3) of Section 24
Amending Section 34 & 35
Amending Subsection 2 and 4 of Section 42
Notice of Motion:
December 16, 2003
First Reading:
January 13, 2004
Notice of Public Hearing Publication:
January 17, 2004
Second Reading:
February 3, 2004
Approval of Service Nova Scotia and Municipal Relations:
N/A
Effective Date:
February 7, 2004
______________________________________________________________________________
No. 6 (S-307)
Amending Sections 4, 5 6 and 10
Notice of Motion:
October 26, 2004
First Reading:
November 9, 2004
Notice of Public Hearing Publication:
November 20, 2004
Second Reading:
December 7, 2004
Approval of Service Nova Scotia and Municipal Relations: N/A
Effective Date:
December 11, 2004
No. 7 (S-308)
Amending section 3, 15, 18, 23, 24, 25 & 28
Notice of Motion:
May 13, 2008
First Reading:
May 27, 2008
Notice of Public Hearing Publication:
June 7, 2008
Second Reading:
June 24, 2008
Approved by Service Nova Scotia and Municipal Relations:
N/A
Effective Date:
July 12, 2008
______________________________________________________________________________
No. 8 (S-309)
Amending sections 3, 23, 24, 25, 28 & 30
Notice of Motion:
June 22, 2010
First Reading:
July 6, 2010
Notice of Public Hearing Publication:
July 17, 2010
Second Reading:
August 3, 2010
Approved by Service Nova Scotia and Municipal Relations:
N/A
Effective Date:
August 7, 2010
No. 9 (A-500)
Amending Section 42
Notice of Motion:
March 20, 2012
First Reading:
March 27, 2012
Notice of Second Reading Publication:
March 31, 2012
Second Reading:
April 17, 2012
Approval by Service Nova Scotia and Municipal Relations:
N/A
Effective Date:
April 21, 2012
No. 10 (A-501)
Notice of Motion:
June 14, 2016
First Reading:
June 21, 2016
Notice of Public Hearing Publication: July 2, 2016
Second Reading:
July 19, 2016
Approval by Service Nova Scotia and Municipal Relations: N/A
Effective Date:
July 23, 2016
No. 11 (S-311)
Amending Sections 5, 24, 25, 30
Notice of Motion:
August 18, 2020
First Reading:
September 1, 2020
Notice of Second Reading Publication:
September 5, 2020
Second Reading:
September 22, 2020
Approval by Minister of Municipal Affairs and Housing:
N/A
Effective Date:
September 26, 2020
No. 12 (S-312)
Adding sections 11A, 11B, 11C, 11D
Notice of Motion:
February 9, 2021
First Reading:
February 23, 2021
Notice of Second Reading Publication:
February 27, 2021
Second Reading:
March 23, 2021
Approval by Minister of Municipal Affairs and Housing:
N/A
Effective Date:
March 27, 2021
No. 13 (S-315)
Adding subsection 30(1a)
Notice of Motion:
May 18, 2021
First Reading:
June 8, 2021
Notice of Second Reading Publication:
June 12, 2021
Second Reading:
June 29, 2021
Approval by Minister of Municipal Affairs and Housing:
N/A
Effective Date:
July 3, 2021
No. 14 (S-316)
Amend sections 3 and 15; add section 45A (Schedule 1)
Notice of Motion:
August 31, 2021
First Reading:
September 14, 2021
Notice of Second Reading Publication:
September 18, 2021
Second Reading:
October 5, 2021
Approval by Minister of Municipal Affairs and Housing:
N/A
Effective Date:
October 9, 2021
No. 15 (S-313)
Adding sections 30A & 42(5)
Notice of Motion:
June 28, 2022
First Reading:
July 12, 2022
Notice of Second Reading Publication:
August 6, 2022
Second Reading:
August 23, 2022
Approval by Minister of Municipal Affairs and Housing:
N/A
Effective Date:
August 27, 2022
No. 16 (S-317)
Amending sections 2, 3, 4, 5, 6, 8, 9, 10, 11, 13, 15, 16, 18, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31,
32, 33, 34, 35, 36, 37, 41, 45, 46; Adding sections 18A & 27A
Notice of Motion:
June 10, 2025
First Reading:
June 24, 2025
Notice of Second Reading Publication:
June 28, 2025
Second Reading:
August 5, 2025
Approval by Minister of Municipal Affairs and Housing:
N/A
Effective Date:
August 16, 2025