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Newfoundland and Labrador
Regulation 2002


NEWFOUNDLAND AND LABRADOR REGULATION 32/02

NEWFOUNDLAND AND LABRADOR
REGULATION 32/02

Highway Sign Regulations, 1999
(Amendment)
under the
Urban and Rural Planning Act, 2000

(Filed April 23, 2002)

Under the authority of subsections 36(2) and 39(2) of the Urban and Rural Planning Act, 2000 I make the following regulations.

Dated at St. John’s, April 24, 2002.

Oliver Langdon
Minister of Municipal and Provincial Affairs

REGULATIONS

Analysis


        1.   S.2 Amdt.
Definitions

        2.   Ss.6 &7 R&S
6.     Sign and permit
        exemption
7.     Temporary signs

        3.   S.8 Amdt.
Application for permit

        4.   S.10 Amdt.

              Considerations for granting permit

        5.   Ss.12 & 13 R&S
12.   Renewals
13.   Fees

        6.   S.14 Amdt.
Non-compliance

        7.   S.15 Amdt.
Entry permitted

        8.   S.16 Amdt.
Violations

        9.   S.17 Amdt.
Appeal board

      10.   S.18 R&S
Prohibition

      11.   S.20 R&S
Prohibition

      12.   S.21 Amdt.
Signs not permitted

      13.   S.22 Amdt
Physical requirements

      14.   S.23 Amdt.
Standards for off-site promotional signs

      15.   S.24 Amdt.
Permissible signs

      16.   Sch. R&S

      17.   Commencement


NLR 85/99

        1. (1) Paragraph 2(b) of the Highway Sign Regulations, 1999 is amended by adding immediately before the semi-colon, a comma and the figures "2000".

             (2)  Paragraph 2(i) of the regulations is repealed and the following is substituted:

              (i)  "community welcome sign" means an advance sign erected by a community;

             (3)  Paragraph 2(l) of the regulations is repealed and the following substituted:

              (l)  "Corridor No. 2" means an area of finite length designated by the Department of Works, Services and Transportation that is not fewer than 3 kilometres from the intersection of 2 or more highways that are under the jurisdiction of the government of the province and that has

                      (i)  the edges nearest the highway not less than 10 metres from the highway gravel shoulder, and

                     (ii)  the area referred to in subparagraph (i) reserved exclusively for off-site promotional signs for qualified establishments as listed in the schedule;

             (4)  Paragraph 2(q) of the regulations is repealed.

             (5)  Paragraph 2(t) of the regulations is amended by deleting the words and figures "and to standards as designated in section 23".

             (6)  Paragraph 2(x) of the regulations is repealed and the following substituted:

             (x)  "renewed permit" means a permit issued under section 12;

 

        2. Sections 6 and 7 of the regulations are repealed and the following substituted:

Sign and permit exemption

        6. (1) These regulations do not apply to the following signs:

             (a)  a posting of a candidate in a federal, provincial or municipal election or a regional school board election;

             (b)  a temporary sign relating to federal, provincial or municipal public works;

             (c)  a notice required by law to be posted;

             (d)  a regulatory, warning, directional, guide or informational sign erected by the Department of Works, Services and Transportation;

             (e)  a sign placed by a telephone, telegraph or electric power company to indicate danger;

              (f)  a sign, not exceeding 0.5 square metres, advertising the sale or rental of a building or lot upon which the sign is located;

             (g)  a flag, emblem or insignia of a nation, country or province; and

             (h)  one temporary sign related to building construction located on a site on which the work is being carried out.

             (2)  The following signs do not require a permit:

             (a)  one nameplate not exceeding 0.2 square metres in area on a dwelling house or within the courtyard of a dwelling;

             (b)  one nameplate on a dwelling house or within the courtyard of a dwelling, not exceeding 0.2 square metres in area and relating to the office of a professional person located in it;

             (c)  a notice board not exceeding 1.1 square metres in area relating to the operations being conducted on the land of an agricultural holding or farm;

             (d)  a directional sign or notice board on land used or specifically reserved for forestry purposes which shall relate to forestry operations, the location of logging operations conducted on land, matters related to forest conservation or the prevention of fire;

             (e)  a notice relating to operations conducted on the land used for mining or quarrying, located beyond the back slope of a highway ditching and with the face of the sign oriented parallel to the highway;

              (f)  one notice board on a site occupied by a church, school, library, art gallery, museum, hospital or cemetery placed no closer than 3 metres from a street line;

             (g)  a sign indicating the location of a municipal or municipal planning area boundary, located beyond the back slope of a highway ditching; and

             (h)  a premises and premises promotional sign provided that the sign does not adversely affect traffic flow or safety on a road or street.

Temporary signs

        7. (1) Notwithstanding another provision of these regulations, a temporary seasonal or a short term community event sign shall be erected not more than 1 month before the event and shall be removed not more than 10 days after the event concludes.

             (2)  A sign referred to in subsection (1) shall indicate the commencement and closing date of the event and may, with the approval of the Department of Works, Services and Transportation be erected in Corridor No. 1.

             (3)  Notwithstanding another provision of these regulations, a temporary seasonal farmer or fish market or establishment sign shall be erected not more than 3 days before the opening of that market or establishment and shall be removed not more than 3 days after the closing of that market or establishment.

 

        3. Section 8 of the regulations is amended by deleting the words "and specifications" wherever they occur.

 

        4. Paragraph 10(1)(d) of the regulations is repealed and the following substituted:

             (d)  the size and content of the proposed sign.

 

        5. Sections 12 and 13 of the regulations are repealed and the following substituted:

Renewals

      12. (1) Where, upon the expiration of a first permit year for an off site promotional sign, a person wants the continued placement of that sign, that person shall apply to the authority for a renewed permit.

             (2)  The authority may issue a renewed permit referred to in subsection (1) and that renewed permit shall be valid for 3 years.

             (3)  A renewed permit shall not be issued until the authority is satisfied that the sign has been maintained to its satisfaction and conforms to these regulations and the conditions attached to the permit issued under section 11 or the renewed permit.

Fees

      13. (1) Permit fees and renewed permit fees shall be charged as prescribed in the schedule.

             (2)  User fees and renewed permit fees shall be charged as prescribed in the schedule.

        6. Subsection 14(1) of the regulations is amended by deleting the words "renewal licence" and substituting the words "renewed permit".

 

        7. Section 15 of the regulations is amended by deleting the comma immediately before the words and the words "and may at all reasonable times enter a building upon the land for the purpose of making surveys or inspections or obtaining information relative to the carrying out of a work which the authority regulates".

 

        8. (1) Subsection 16(2) of the regulations is repealed and the following substituted:

             (2)  Where a violation of these regulations or the terms and conditions of a permit or renewed permit has occurred, the authority may notify the developer or owner of the nature of the infraction and order the remedial action to be taken.

             (2)  Section 16 of the regulations is amended by adding immediately after subsection (3) the following:

             (4)  Section 102 of the Act applies to an order made under this section.

 

        9. (1) Subsection 17(1) of the regulations is amended by deleting the number "7" and substituting the number "40".

             (2)  Subsection 17(2) of the regulations is amended by deleting the number "30" and substituting the number "14".

             (3)  Subsection 17(4) of the regulations is amended by deleting the words "Court of Appeal" and substituting the words "Trial Division".

 

      10. Section 18 of the regulations is repealed and the following substituted:

Prohibition

      18. A sign shall not be erected, posted or placed

             (a)  where in the opinion of the authority that sign would be hazardous to road traffic by reason of its siting, illumination or structural condition;

             (b)  where in the opinion of the authority that sign would be detrimental to the amenities of the surrounding areas or length of highway;

             (c)  where that sign is not maintained to the satisfaction of the authority;

             (d)  within, on or over a highway or street intersection unless otherwise approved by the department of Works, Services and Transportation;

             (e)  within 300 metres, or a distance specified by the Department of Works, Services and Transportation, of the intersection of 2 or more highways, or from the crossing of a public road with the exception of premises advertisements;

              (f)  at a location that is objectionable to residents of the immediate area; and

             (g)  on a sign erected by the department of Works, Services and Transportation.

 

      11. Section 20 of the regulations is repealed and the following substituted:

Prohibition

      20. An off site promotional sign shall not be smaller than 1.2 metres by 2.4 metres and shall not exceed a size of 2.4 metres by 3.6 metres.

 

      12. Paragraph 21(a) of the regulations is repealed.

 

      13. Paragraph 22(d) of the regulations is repealed and the following substituted:

             (d)  with the exception of a sign

                      (i)  relating to a community festival,

                     (ii)  relating to a farmer or fish market,

                    (iii)  that is a temporary sign for a recreational activity as described in section 24, or

                    (iv)  that is a temporary sign for a short term event,

be fixed on a permanent structure or foundation.

 

      14. (1) Paragraphs 23(c), (d), (e), (f) and (g) of the regulations are repealed.

             (2)  Paragraph 23(i) of the regulations is amended by adding immediately after the word "sided" a comma and the words and comma "except with respect to community welcome signs,".

 

      15. (1) Paragraph 24(a) of the regulations is amended by deleting the comma immediately before the words and commas and the words and commas "with the design, size, shape, location and material construction subject to the approval of and a condition required by the authority".

             (2)  Paragraph 24(b) of the regulations is amended by deleting the comma immediately before the words and comma and the words and comma "as described in section 24,".

             (3)  Paragraph 24(c) of the regulations is amended by deleting the word "incorporated" and by deleting the words and commas "and not more than 9 square metres in area, and including only the name of the community, its population, its motto or slogan, and its Coat of Arms or similar device".

             (4)  Paragraph 24(d) of the regulations is repealed and the following substituted:

             (d)  a placard of an incorporated service club of the type and nature that is standard to that club, attached to an approved community welcome sign;

 

      16. The Schedule to the regulations is repealed and the following substituted:

Schedule

Eligible Tourism Attractions and Services
by Type of Off-site Sign,
Eligible Corridor and Maximum Eligible Off-route Distances

 

 


Corridor No. 1
Fingerboard Signs


Corridor No. 2
Off-site
Promotional Signs

Maximum Eligible
Off-Route Distances
from Highway
Intersection for fingerboard signs


Type of
Establishment

One Year
User Fee
(HST Included)

Permit and Renewed Permit Fee (HST Included)



km

TOURISM ATTRACTIONS

Theme Parks

$143.75

0

75

Tourism Attractions

 143.75

0

75

Craft Shops

 143.75

0

15

Art Galleries

 143.75

0

15

Museums

 143.75

0

15

Tour Operations

 143.75

0

75

Community Festivals

N/A

0

0

Farmers/Fish Markets

N/A

0

0


TOURISM SERVICES
A.  ACCOMMODATIONS

Hotels/Motels

 143.75

0

75

Hospitality Homes

 143.75

0

75

Cabins

 143.75

0

75

Campgrounds

 143.75

0

75

B.  SERVICES

Fuel Stations

 143.75

Not permitted

10

Eating Establishments

 143.75

0

10

Trailer Dumping Sites

 143.75

0

15

Commencement

      17. These regulations shall be considered to have come into force on December 3, 2001.