NLR 85/99 - Highway Sign Regulations, 1999 under the Urban and Rural Planning Act

NEWFOUNDLAND AND LABRADOR REGULATION 85/99 Highway Sign Regulations, 1999 under the Urban and Rural Planning Act (O.C. 99-444) Amended by: 32/02 31/16 NEWFOUNDLAND AND LABRADOR REGULATION 85/99 Highway Sign Regulations, 1999 under the Urban and Rural Planning Act (O.C. 99-444) (Filed September 29, 1999) Under the authority of section 63 of the Urban and Rural Planning Act , the minister with the approval of the Lieutenant-Governor in Council makes the following regulations. Dated at St. John's , September 29, 1999. Lloyd Matthews Minister of Municipal and Provincial Affairs John R. Cummings, Q.C. Clerk of the Executive Council REGULATIONS Analysis 1. Short title 2. Definitions 3. Application 3.1 Application for exclusion from regulations 4. Permit required 5. Control lines 6. Sign and permit exemption 7. Temporary signs 8. Application for permit 9. Eligibility to erect sign 10. Considerations for granting permit 11. Validity of permit 12. Renewals 13. Fees 14. Non-compliance 15. Entry permitted 16. Violations 17. Appeal board 18. Prohibition 19. Signs on private land 20. Prohibition 21. Signs not permitted 22. Physical requirements 23. Standards for off-site promotional signs 24. Permissible signs 25. Grouped signage 26. Repeal 27. Commencement Schedule Short title 1. These regulations may be cited as the Highway Sign Regulations, 1999 . 85/99 s1 Back to Top Definitions 2. In these regulations (a) "accommodations" means a facility licensed under the Tourist Establishment Regulations that provides overnight accommodations for remuneration and includes (i) a hotel, (ii) a motel, (iii) a bed and breakfast facility, (iv) a housekeeping cabin, (v) a campground, and (vi) a trailer park; (b) "Act" means the Urban and Rural Planning Act, 2000 ; (c) "appeal board" means an appeal board established under section 7 of the Act; (d) "art gallery" means a gallery for the display of artistic works as defined by the Department of Business, Tourism, Culture and Rural Development; (e) "authority" means the Government Service Centre of the Department of Service Newfoundland and Labrador or another authority, council or board that may be assigned by the minister to administer these regulations in specific areas of jurisdiction designated by him or her; (f) "campground" and "trailer park" means a commercial establishment comprising land used or maintained as sites for tents, tent trailers, travel trailers, pick-up campers or other recreational vehicles providing sleeping accommodation whether or not there is a charge made for the use of the ground so used in camping or parking but does not include a residential trailer park; (g) "community festival" means a special occasion sponsored or sanctioned by a federal, provincial or municipal government for a definitive time period; (h) "community service sign" means a sign erected by a service or nonprofit organization or other similar group stating a message of general community interest that is not the promotion of a business, commercial enterprise or product; (i) "community welcome sign" means an advance sign erected by a community; (j) "control line" means a conceptual line paralleling the centre line of the highway or the centre line of the nearest lane of a divided highway, at a distance perpendicular to the centre line as established under section 5; (k) "Corridor No. 1" means an area along the entire length of all provincial highways, 8.5 metres wide and immediately adjacent to the right hand side of the highway gravel shoulder, reserved for, in order of precedence, regulatory, warning, direction, guide and fingerboard information signs; (l) "Corridor No. 2" means an area of finite length designated by the Department of Transportation and Works 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; (m) "craft shop" means premises whose principal use is the sale of crafts produced in the province, as defined by the Department of Development and Rural Renewal; (n) "eating establishment" means a building or part of a building designed or intended to be used or occupied for the purpose of serving the general public with meals and refreshments at individual tables or booths with a minimum seating capacity of 10 persons; (o) "farmer and fish market" means a seasonal retail premises established for the exclusive sale of agricultural and fishery products produced in the province and includes U-Pick operations and fish-out ponds; (p) "fingerboard sign" means a sign, fabricated and installed by the Department of Transportation and Works in Corridor No. 1 along highways, for establishments as listed in the Schedule; (q) Rep. by 32/02 s1 (r) "minister" means the minister appointed under the Executive Council Act to administer the Act; (s) "museum" means premises used for the display of provincial and other artifacts, and includes an archaeological site, as approved by the Department of Business, Tourism, Culture and Rural Development; (t) "off-site promotional sign" means a sign erected in Corridor No. 2 along highways, for establishments as listed in the Schedule; (u) "premises promotional sign" means a sign, located on the front of the premises, advertising the promotion of products or services provided on the premises and which are of a short duration; (v) "premises sign" means an advertisement that directs attention to an active business, service, industry or other activity which is sold, offered, or conducted, other than incidentally on the property upon which that advertisement is located or to which it is affixed, and shall include a sign located at the entrance to the road, other than a public road or street, leading to an establishment situated off the highway; (w) "protected road" means a road designated under section 61 of the Act; (x) "renewed permit" means a permit issued under section 12; (y) "repeater sign" means a fingerboard sign located in Corridor No. 1 on the off highway in areas where travellers are required to make critical directional changes after exiting the main provincial highway and showing only the name, direction and distance to the establishment; (z) "service club" means a corporate society or association of people which is the owner, lessee, or occupant of an establishment used solely for objects of a recreational, social or athletic nature, but not used for pecuniary gain; (aa) "sign", subject to section 6, means a word, letter, model, placard, board, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction, excluding those things employed wholly as a memorial, functional advertisement of local government, statutory undertakers and public transport undertakers, and includes any boarding or similar structure used or adopted for use for the display of advertisements; (bb) "sign plaza or sign kiosk" means grouped signage or regional interpretation material placed in a lay by or pull off, in a location approved by the Department of Transportation and Works, the construction and maintenance of which is the responsibility of a sponsoring organization including a regional tourism, development or business association or board; (cc) "theme park" means a development whose primary function is the provision of amusement facilities and the attraction of the public into selected areas of the province and includes amusement parks with a minimum of 3 attractions, including golf courses, skiing operations, recreational resorts and walking or hiking trails; (dd) "tour operation" means a development established for the purpose of providing guided tours in areas of special interest; and (ee) "tourism attraction" means a physical site or event with the primary function or ability to attract a traveller by providing experience of a (i) recreational, (ii) educational, (iii) scientific, or (iv) entertainment nature, based on cultural and natural heritage resources or recreational facilities and services, but does not include (v) a shopping centre, or (vi) a recreational and an entertainment establishment which is commonly found in or near most urban areas that offer limited tourist attractions, including a bowling alley, cinema, sports field or an arena; (ff) "tourism service" means a service that caters to the needs of travellers while outside their normal place of work and residence and includes (i) accommodation facilities, (ii) eating establishments, and (iii) fuel stations; and (gg) "trailer dumping station" means a facility used for receiving or dumping liquid wastes from recreational vehicle holding tanks. 85/99 s2 ; 32/02 s1 ; 31/16 s2 Back to Top Application 3. These regulations apply to all highways constructed and maintained by the Department of Transportation and Works within the province. 85/99 s3 ; 31/16 s2 Back to Top Application for exclusion from regulations 3.1 Notwithstanding section 3, the minister may exclude a highway or a portion of a highway within a municipal planning area from the application of these regulations where (a) a municipality applies to have a highway or portion of a highway excluded from these regulations; (b) the speed limit of the highway or portion of the highway referred to in paragraph (a) is less than 60 kilometres per hour; and (c) the following departments have reviewed the application and are satisfied that the municipal plan and development regulations of the municipality provide adequate policy guidance and regulatory controls over signage: (i) Municipal Affairs, (ii) Business, Tourism, Culture and Rural Development, (iii) Transportation and Works, and (iv) Service Newfoundland and Labrador . 31/16 s1 Back to Top Permit required 4. (1) A person, corporation, partnership, association or other organization shall not erect or place any type of sign within the designated control lines of a highway, unless a permit for the sign has been issued by the authority. (2) The erection or placement of a sign within control lines shall be carried out only in accordance with these regulations and those conditions outlined in the permit. 85/99 s4 Back to Top Control lines 5. (1) A control line is established on each side of every highway. (2) Every control line shall be 400 metres distant, measured horizontally, from the centre line of the roadway or the centre line of the nearest lane of a divided highway. (3) Notwithstanding subsection (2), within the boundaries of each incorporated municipality or the built up established areas of unincorporated communities, the control line shall be 100 metres distant, measured horizontally, from the centre line of the roadway or the centre line of the nearest lane of a divided highway. 85/99 s5 Back to Top 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 Transportation and Works; (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. 32/02 s2 ; 31/16 s2 Back to Top 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 Transportation and Works 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. 32/02 s2 ; 31/16 s2 Back to Top Application for permit 8. (1) An application for a permit to erect a sign shall be made to the authority in the form prescribed by it. (2) An applicant shall furnish with an application made under subsection (1) those plans hat the authority may require. (3) Upon request, the authority shall supply to an applicant a copy of the application form and a description of the plans required to be furnished with the application. 85/99 s8 ; 32/02 s3 Back to Top Eligibility to erect sign 9. To be eligible for a fingerboard sign, an off-route establishment must be located within the respective maximum eligible off-route distance from a highway intersection as described in the Schedule. 85/99 s9 Back to Top Considerations for granting permit 10. (1) The authority may issue a permit for the proposed sign if it is satisfied that the sign conforms to the regulations and shall consider (a) the topography, physical condition and natural features of the land upon which the sign is to be erected; (b) the protection of the highway as a safe and convenient traffic way; (c) the design, location and construction of the proposed sign; and (d) the size and content of the proposed sign. (2) The authority shall consult with all government departments, municipalities, agencies, officials and persons considered necessary with respect to these considerations as well as the appropriateness of the material or copy proposed. (3) The authority shall attach to a permit those conditions required to ensure that the proposed sign is made suitable for the purpose it is intended to serve and may permit development for a limited time as considered necessary. 85/99 s10 ; 32/02 s4 Back to Top Validity of permit 11. A permit for a sign is valid for a period of one year and failure by the applicant to initiate construction before expiration of the first permit year shall require reapplication to the authority. 85/99 s11 Back to Top 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. 32/02 s5 Back to Top 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. 32/02 s5 Back to Top Non-compliance 14. (1) The authority may cancel a permit or a renewed permit for the holder's failure to comply with these regulations or a condition attached to the permit or renewed permit. (2) Where a permit to erect a sign has been issued by the authority but (a) the development relating to the sign discontinues; (b) the conditions of the permit are not fully executed; or (c) a permit is cancelled due to the contravention of these regulations, the authority may order the developer or the owner to remove the sign and to landscape as necessary, and the developer or the owner shall carry out the order of the authority and shall put the site in a clean and safe condition to the satisfaction of the authority and a government department having responsibility in the area. 85/99 s14 ; 32/02 s6 Back to Top Entry permitted 15. The authority, or an inspector or person designated by the authority to administer these regulations, may enter upon public or private land for the purpose of enforcing these regulations. 85/99 s15 ; 32/02 s7 Back to Top Violations 16. (1) An inspector shall record a violation of these regulations which comes to his or her attention, and report an infraction to the authority. (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. (3) Where the developer or owner of a sign does not comply with a directive issued by the authority under subsection (2), the authority may order that person to stop the development or work connected with it pending final adjudication in a prosecution arising out of the development. (4) Section 102 of the Act applies to an order made under this section. 85/99 s16 ; 32/02 s8 Back to Top Appeal board 17. (1) The appropriate appeal board as established and defined under section 40 of the Act shall determine an appeal from the decision of the authority with respect to the application of these regulations. (2) A person intending to appeal to the appeal board shall deposit with the secretary of the board a notice of appeal indicating the grounds of the appeal and stating the name and address of the appellant and including the required appeal fee within 14 days of the date of decision of the authority. (3) Where an appeal made by an appellant under subsection (1) is successful, an amount of money equal to the fee paid by the appellant under subsection (2) shall be paid to him or her by the authority. (4) The decision of the appeal board shall be communicated in writing to the appellant and the authority and is final and binding upon all parties subject only to an appeal to the Trial Division upon a point of law or jurisdiction. 85/99 s17 ; 32/02 s9 Back to Top 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 Transportation and Works; (e) within 300 metres, or a distance specified by the Department of Transportation and Works, 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 Transportation and Works. 32/02 s10 ; 31/16 s2 Back to Top Signs on private land 19. A permit shall not be issued for a sign proposed on privately owned land unless the application for the permit is made by the owner of the land upon which the sign is to be erected, or the written approval of the owner has been obtained by the developer and submitted with the application for the permit. 85/99 s19 Back to Top 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. 32/02 s11 Back to Top Signs not permitted 21. Signs shall not be permitted which, in the opinion of the authority, (a) Rep. by 32/02 s12 (b) contain symbols, slogans or lighting similar to those used for traffic control and warning; or (c) are illuminated or reflectorized so as to cause undue glare or distraction on the highway with respect to the motoring public, or employ high intensity reflectorized material. 85/99 s21 ; 32/02 s12 Back to Top Physical requirements 22. A sign including supporting structures shall (a) be maintained in good and proper repair; (b) be painted front and back or suitably finished or preserved; (c) be properly designed and constructed; and (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. 85/99 s22 ; 32/02 s13 Back to Top Standards for off-site promotional signs 23. Off-site promotional signs shall have the following minimum standards: (a) they shall be spaced a minimum longitudinal distance of 150 metres from each other; (b) they shall be as near the left hand edge of Corridor No. 2 as possible to prevent one sign obstructing the linear sight of the subsequent adjacent sign; (c) Rep. by 32/02 s14 (d) Rep. by 32/02 s14 (e) Rep. by 32/02 s14 (f) Rep. by 32/02 s14 (g) Rep. by 32/02 s14 (h) signs shall not be illuminated but the lettering may be reflectorized; and (i) signs shall be single sided, except with respect to community welcome signs, with all information facing oncoming traffic. 85/99 s23 ; 32/02 s14 Back to Top Permissible signs 24. The following signs may be permitted along all highways: (a) off-site promotional signs located in Corridor No. 2 as listed in the Schedule with not more than one on each approaching route, up to a maximum of 4 per operation; (b) a premises sign the illumination and material construction of which shall meet the requirements of the authority having regard to the safety and convenience of the highway users and the general amenities of the surrounding area; (c) a community welcome sign for an community erected behind Corridor No. 1, one in each direction along the highway, not more than 2 kilometres from the community; (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; (e) a temporary sign for recreational activity located at the intersection of a road to the site of an expected duration of not more than 6 months; (f) one directional or informational sign at the intersection of a road to the site of a large industrial enterprise located off a main provincial highway; and (g) a community service sign errected in Corridor No. 1 on sites approved by the Department of Transportation and Works. 85/99 s24 ; 32/02 s15 ; 31/16 s2 Back to Top Grouped signage 25. (1) Where there is sponsorship by a municipality, regional tourism development organization, regional economic development board or some similar organization and where, in the opinion of the Department of Transportation and Works, sight distances and terrain permit the construction of a pull off or lay by, a sponsoring organization may, with the approval of the authority, after the submission of plans and drawings, construct a pull off or lay by for the purpose of providing grouped signage for the promotion or interpretation of an area's amenities, attractions, accommodations and services. (2) For the purpose of subsection (1), grouped signage includes sign kiosks and plazas. (3) The construction of a lay by or pull off and the placement of grouped signage and their continued upkeep and maintenance in accordance with conditions and standards established by the authority shall be at the cost and responsibility of the sponsoring organization. (4) All provisions of these regulations with respect to the placement of a sign in Corridor No. 2, its upkeep or removal shall apply to a sign kiosk, plaza or other device as if it were signage in Corridor No. 2. 85/99 s25 ; 31/16 s2 Back to Top Repeal 26. The Highway Sign Regulations , Consolidated Newfoundland Regulation 768/96, are repealed. 85/99 s26 Back to Top Commencement 27. These regulations are considered to have come into force on September 10, 1999. 85/99 s27 Back to Top 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 32/02 s16