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Exhibit A
Town of Kentville Bylaw 207
STREET ENCROACHMENT
BE IT ENACTED by the Council of Town of Kentville under the authority of the
Municipal Government Act, Statutes of Nova Scotia, 1998, Chapter 18, and
amendments thereto as follows:
1.
SHORT TITLE
This Bylaw shall be known as Bylaw 207 and may be cited as the "Street
Encroachment Bylaw".
2. PURPOSE
Whereas:
(a) Pursuant to Section 308(2) of the Municipal Government Act, all streets
are vested absolutely in the Town and the Town has full control over such
streets insofar as is consistent with their use by the public;
(b) Section 314(2) of the Municipal Government Act provides that a Council
may, by by-law, regulate encroachments upon, under, or over streets,
including stipulating the period of time an encroachment may remain and
the entering into of agreements for such encroachments; and
(c) The Town enacts this By-law to authorize the municipality to regulate
encroachments and to enter into Licence Agreements with abutting
property owners in relation to encroachments upon streets.
3.
DEFINITIONS
In this By-law:
(a) "abutter" means the owner of any premises or lot in the Town of Kentville
which abuts a Town street, and includes, where applicable, a
condominium corporation managing such premises;
(b) "barrier-free path of travel" means a continuous unobstructed route
intended to provide accessible movement for pedestrians, including
persons using mobility aids, and shall be interpreted in accordance with
applicable accessibility legislation and standards;
Town of Kentville, Bylaw 207: Street Encroachment
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(c) "building" means a roofed structure, whether permanent or temporary,
used or capable of being used for the shelter or accommodation of
persons, animals, materials, or equipment, and includes all additions,
porches, verandahs, decks, and attached features;
(d) "Council" means the Council of the Town of Kentville;
(e) "Development Officer" means the person appointed to administer the
Land Use By-law and includes a person acting under the supervision of the
Development Officer;
(f) "Engineer" means the Town Engineer or designate;
(g) "Encroachment" means any structure, projection, or use located upon,
over, or under a public street;
(h) "Encroachment Licence" means a licence issued by the Town pursuant to
this By-law authorizing the placement, construction, maintenance, use, or
continuation of an Encroachment within a Municipal Right-of-Way or on
Municipal Property, subject to the terms and conditions of the licence and
this By-law, and does not convey any ownership interest or property rights
in the Municipal Right-of-Way or Municipal Property;
(i) "Licence" means an Encroachment Licence issued pursuant to this By-
law;
(j) "Licencee" means a person, corporation, partnership, association, or
other legal entity to whom an Encroachment Licence has been issued
under this By-law, and includes any successor or assignee of the
Encroachment Licence where permitted by this By-law;
(k) "Sidewalk Café" means an outdoor seating area consisting of tables,
chairs, and related accessories, situated on a public sidewalk or
pedestrian area, for the consumption of food and beverages associated
with an adjoining establishment;
(l) "street" means a public street, highway, road, sidewalk, or right-of-way
under the ownership or control of the Town, and includes the full width
thereof;
(m)
"structure" includes anything erected, constructed, or affixed to the
ground or to another structure, including stairs, ramps, landings, awnings,
lighting, signs, flags, cornices, and similar features;
(n) "Town" means the Town of Kentville.
Town of Kentville, Bylaw 207: Street Encroachment
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4. GENERAL PROVISIONS
4.1
Licence Required
Except as otherwise provided in this By-law, no person shall construct, place,
enlarge, reconstruct, maintain, or permit an Encroachment upon, under, or
over a street unless an Encroachment Licence has been issued by the Town
in accordance with this By-law.
4.2
Permitted Applications
Abutters may apply for an Encroachment Licence to permit the construction
or maintenance of structures within the street right-of-way for the purpose of
providing access to a building, improving accessibility, or legitimizing an
existing encroachment, provided that all requirements of this By-law are
satisfied.
4.3
Public Safety and Operations
The Town reserves the right to refuse, revoke, or require the removal of any
encroachment that, in the opinion of the Engineer, interferes with pedestrian
or vehicular movement, municipal operations, or public safety, including but
not limited to snow clearing and servicing activities.
4.4
Restrictions
No Encroachment Licence shall be issued for any encroachment that
provides access to a floor other than the floor closest to street level, or that
provides access for motor vehicles, except for assistive mobility devices. No
encroachment shall extend onto the frontage or flankage of an adjacent
property.
4.5
Pedestrian Clearance
No Encroachment Licence shall be issued where the encroachment would
result in less than the minimum unobstructed pedestrian travel width required
by applicable accessibility legislation and standards, unless otherwise
permitted by such legislation.
4.6
Landscaping
Landscaping shall be temporary in nature and shall be contained within the
approved encroachment area, unless otherwise approved by the
Development Officer.
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4.7
Permits and Approvals
The Licencee shall obtain all required permits, including building permits and
sign permits, where applicable, and shall comply with all relevant by-laws
and regulations.
4.8
Accessibility Compliance
All encroachments authorized under this By-law shall comply with the Nova
Scotia Accessibility Act, the Built Environment Accessibility Standard, and any
successor legislation or standards respecting accessibility in the built
environment.
4.9
Term
Encroachment Licences shall not exceed a period of ten (10) years.
Notwithstanding the term of a Licence, the Licencee shall maintain
compliance with all applicable legislation, regulations, and standards
throughout the duration of the Licence.
4.10 Legislative Changes
Where changes to legislation, regulations, standards, municipal infrastructure
requirements, or public safety requirements occur during the term of a
Licence, the Town may require modifications to an approved encroachment
where necessary to maintain compliance with such requirements.
4.11 Indemnity
No Encroachment Licence shall be issued unless the applicant provides an
agreement of indemnity in favour of the Town, in a form satisfactory to the
Town, for the defence and indemnification of any claims arising from the
encroachment.
4.12 Insurance
As a condition of an Encroachment Licence, the Licencee shall obtain and
maintain throughout the term of the Licence commercial general liability
insurance in an amount not less than $2,000,000 per occurrence for bodily
injury, death, and property damage arising from the operation of the
encroachment.
The policy shall name the Town as an additional insured and shall contain a
cross-liability clause and a provision requiring not less than thirty (30) days'
written notice to the Town prior to cancellation, non-renewal, or material
change in coverage.
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Proof of insurance satisfactory to the Development Officer shall be provided
prior to the issuance of an Encroachment Licence.
5. SIDEWALK CAFÉS
5.1
Permitted Use
An Encroachment Licence may be issued for the establishment of a sidewalk
café as an accessory use to an existing food and beverage establishment,
provided that such café is located adjacent to the principal use and
complies with the requirements of this By-law and any applicable Council
policies.
5.2
Hours of Operation
A sidewalk café shall not operate beyond the hours of operation of the
principal establishment to which it is accessory, and in no case shall it
operate later than 2:00 a.m. on any given day.
5.3
Pedestrian Movement and Temporary Walkways
Where a sidewalk café interferes with the free flow of pedestrian traffic, the
Development Officer, in consultation with the Engineer, may require the
provision of a temporary pedestrian walkway adjacent to the café, designed
in accordance with specifications approved by the Town and with
consideration for accessibility and public safety.
5.4
Encroachment Limits
No sidewalk café shall extend onto the frontage or flankage of an adjacent
property without the written consent of the affected property owner.
5.5
Fencing and Enclosure
Where fencing is provided for a sidewalk café:
a) fencing shall not exceed one (1) metre in height;
b) open-style fencing shall be preferred to maintain visibility;
c) fencing located within six (6) metres of an intersection shall not
obstruct sightlines or vehicular visibility, as determined by the Town.
5.6
Umbrellas and Accessories
All umbrellas, furnishings, and associated features of a sidewalk café shall be
located entirely within the approved encroachment area and shall not
project beyond its boundaries.
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5.7
Maintenance and Waste Management
The Licencee shall maintain the sidewalk café area and adjacent public
space in a clean and orderly condition at all times and shall ensure that all
waste generated by the operation is removed from the street right-of-way.
5.8
Lighting
Lighting associated with a sidewalk café shall:
a) be temporary in nature;
b) not project onto adjacent properties; and
c) not interfere with traffic control devices or visibility.
5.9
Furnishings
All furniture and accessories associated with a sidewalk café shall be
constructed of durable, weather-resistant materials and maintained in good
condition.
5.10 Seasonal Removal
All sidewalk café elements, including furnishings, fencing, and structures, shall
be removable and shall be removed during the off-season or upon cessation
of operation, and the site shall be restored to its original condition to the
satisfaction of the Engineer.
5.11 Nuisance
The operation of a sidewalk café shall not create a nuisance for adjacent
properties, and the Town may revoke a Licence where such nuisance is
determined to exist.
5.12 Municipal and Utility Access
The Town and utility providers have the right to access the encroachment
area of a sidewalk café at any time for installation, maintenance, or
emergency purposes, and the Licencee shall remove or relocate elements of
the café at their own expense when required.
5.13 Season
Sidewalk cafés shall operate only between May 15 and October 15, unless
otherwise approved by Council.
Town of Kentville, Bylaw 207: Street Encroachment
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6. APPLICATION
6.1 Application Requirements
An application for an Encroachment Licence shall be made in writing on a
form prescribed by the Town and shall include the required application fee,
a site plan or survey showing the location and dimensions of the proposed
encroachment, and any additional information deemed necessary by the
Development Officer or Engineer.
7. ADMINISTRATION
7.1 Administration
This By-law shall be administered by the Development Officer.
7.2 Approval
No Encroachment Licence shall be issued without the written approval of the
Engineer.
7.3 Licence Content
Every Encroachment Licence shall specify the location, dimensions, duration,
and conditions of the encroachment, including maintenance obligations.
7.4 Renewal
A Licence may be renewed at the discretion of the Town, subject to
compliance with this By-law and submission of a new application.
7.5 Comfort Letters
The Engineer may issue a Comfort Letter indicating that the Town has no
present intention to require removal of an encroachment, while retaining the
right to require removal at any time.
8. CHANGE IN OWNERSHIP
8.1 Assignment of Licence
An Encroachment Licence issued pursuant to this By-law may be assigned by
the Licencee to a subsequent purchaser or owner of the property to which
the Licence relates.
8.2 Notice of Change in Ownership
Where ownership of a property subject to an Encroachment Licence
changes, the Encroachment Licence shall be deemed assigned to the new
Town of Kentville, Bylaw 207: Street Encroachment
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owner, provided that the encroachment remains unchanged and continues
to comply with the terms and conditions of the Licence.
The new owner shall, within one hundred and twenty (120) days of the
transfer of ownership, notify the Development Officer in writing of the change
in ownership and provide their name and mailing address.
Where the encroachment has been altered, expanded, reconstructed, or no
longer complies with the terms and conditions of the Encroachment Licence,
the Development Officer may require the submission of a new application.
8.3 Continuation of Obligations
When a Licence is assigned, the encroachment shall remain subject to all
terms, conditions, and obligations of the Licence, and the new owner shall
be deemed to have assumed all such obligations.
9. REVOCATION OR REFUSAL
9.1 Revocation by Development Officer
The Development Officer may revoke an Encroachment Licence or refuse to
issue a Licence where the applicant or Licencee fails to comply with this By-
law, the conditions of a Licence, or any direction lawfully issued under this By-
law.
9.2 Notice of Revocation or Refusal
Notice of revocation or refusal shall be provided in writing to the applicant or
Licencee and may be delivered by personal delivery, by mailing to the last
known mailing address, or by electronic mail to the last known email address
provided to the Town.
Notice shall be deemed to have been received:
a) on the date of delivery, where delivered personally;
b) five (5) business days after mailing, where sent by regular mail; and
c) on the date of transmission, where sent by electronic mail, provided
that no automated notice of delivery failure is received by the Town.
9.3 Revocation by Council
Notwithstanding Section 9.1, Council may, by resolution, revoke an
Encroachment Licence at any time during its term by providing one hundred
and twenty (120) days' written notice to the Licencee, where Council
determines, in its sole discretion, that the lands subject to the Licence are
required for municipal purposes.
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9.4 No Compensation
No compensation shall be payable by the Town in respect of any revocation,
refusal, or termination of an Encroachment Licence.
10. REMOVAL OF ENCROACHMENTS
10.1
Requirement for Removal
Any encroachment located upon, under, or over a street for which an
Encroachment Licence has not been issued, or where such Licence has
expired or been revoked, shall be removed by the owner upon written notice
from the Town within such time as may be specified in the notice.
10.2
Authority to Remove
Where an owner fails to remove an encroachment in accordance with
Section 10.1, the Town may enter upon the lands and remove the
encroachment or cause it to be removed.
10.3
Recovery of Costs
The cost incurred by the Town in removing an encroachment may be
recovered from the owner as a debt owing to the Town and may be
collected in any manner permitted under the Municipal Government Act,
including as a lien against the property.
10.4
No Limitation on Authority
Nothing in this By-law shall limit the authority of the Town to exercise any
remedies available under the Municipal Government Act or otherwise at law.
10.5
No Compensation
The Town shall not be liable for compensation in respect of the removal of
any encroachment or any damage arising therefrom.
11. APPEAL
11.1
Right of Appeal
Any applicant for an Encroachment Licence aggrieved by a decision of the
Development Officer made pursuant to this By-law may appeal such
decision to Council within fourteen (14) days of the date the written notice of
the decision is deemed to have been received in accordance with Section
9.2 of this By-law.
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11.2
Notice of Appeal
An appeal shall be made by submitting written notice to the Chief
Administrative Officer, setting out the grounds of appeal.
11.3
Powers of Council
Upon hearing an appeal, Council may confirm, rescind, or vary the decision
of the Development Officer and may impose such conditions as it deems
appropriate.
11.4
Final Decision
The decision of Council on an appeal shall be final.
12. OFFENCE
12.1
Offence
A person commits an offence who:
a) constructs or maintains an Encroachment contrary to Section 4.1;
b) fails to comply with a notice requiring removal issued under Section
10.1; or
c) obstructs or interferes with the Town, the Development Officer, the
Engineer, or a person acting under their authority in exercising powers
under this By-law.
12.2
Penalties
A person convicted of an offence under this By-law is liable to the penalties
set out in Section 505 of the Municipal Government Act, as amended from
time to time.
13. REPEAL
Town of Kentville Policy G29 respecting Sidewalk Cafes, approved by
Council on the 17th day of January, 2017, including any amendments
thereto, is hereby repealed.
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CLERK'S ANNOTATION FOR OFFICIAL BYLAW BOOK
Date of first reading:
June 22, 2026
Date of advertisement of Notice of Intent to Consider:
June 26, 2026
Date of second reading:
July 27, 2026
Date of advertisement of Passage of Bylaw:
August 29, 2026
Date of mailing a certified copy to Minister:
September 1, 2026
Effective Date:
August 29, 2026
I certify that this Street Encroachment Bylaw was adopted by Council of the
Town of Kentville on the 27th day of July 2026 and published as indicated above.
SIGNED by the Mayor and Clerk this 1st day of September 2026.
Original signed by Andrew Zebian
___________________________________
Mayor
Original signed by Chris McNeill
___________________________________
Clerk
Town of Kentville, Bylaw 207: Street Encroachment
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SCHEDULE "A":
ENCROACHMENT LICENCE AGREEMENT**
THIS AGREEMENT made this ___ day of __________, 2026.
BETWEEN:
TOWN OF KENTVILLE, a municipal body corporate
(hereinafter called the "Town")
OF THE FIRST PART
-
and -
(hereinafter called the "Licencee")
OF THE SECOND PART
WHEREAS:
(a) The Town is the owner of a public street within the Town of Kentville;
(b) The Licencee is the owner of lands abutting such street;
(c) The Licencee has requested permission to construct and/or maintain an
encroachment within the street right-of-way;
NOW THEREFORE:
1. The Town hereby grants to the Licencee permission to construct and/or maintain
the encroachment as described in the attached plan.
2. This Licence shall not exceed a term of ten (10) years.
3. The Licencee acknowledges that this Licence does not create any ownership or
property interest in the lands of the Town.
4. The Licencee shall maintain the encroachment in a safe and clean condition at
all times.
5. The Licencee shall comply with all applicable by-laws, statutes, and regulations.
6. The Licencee assumes all risks associated with the encroachment and agrees
that the Town shall not be liable for any damages, including those arising from
municipal operations.
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7. The Town may revoke this Licence in accordance with the By-law.
SIGNED
TOWN OF KENTVILLE
Per: __________________________
Development Officer
LICENCEE
Town of Kentville, Bylaw 207: Street Encroachment
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**SCHEDULE B
INDEMNITY AGREEMENT**
THIS AGREEMENT made this ___ day of __________, 2026.
BETWEEN:
(hereinafter called the "Owner")
-
and -
TOWN OF KENTVILLE
AGREEMENT:
The Owner hereby agrees to indemnify and save harmless the Town, its officers,
employees, and agents from and against all claims, actions, losses, damages, and
costs, including legal costs, arising from or in any way related to the encroachment.
The Owner acknowledges that the Town may require removal of the encroachment at
any time and that no compensation shall be payable.
Town of Kentville, Bylaw 207: Street Encroachment
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**SCHEDULE C
COMFORT LETTER**
Dear ____________:
Re: Encroachment on Town Property at ____________, Kentville
The Town acknowledges the presence of an encroachment as identified in the
attached plans. The Town has no present intention to require removal of the
encroachment; however, the Town reserves the right to require removal at any time
without notice or compensation.
This letter does not confer any ownership or legal right and does not exempt the
property owner from compliance with applicable by-laws.
Per: __________________________
Town Engineer