NOTE: This electronic version of this bylaw statute is provided by the Region of Queens Municipality for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.


BYLAW NO. 17

A BYLAW RESPECTING HERITAGE PROPERTIES


BE IT ENACTED by the Council of the Region of Queens Municipality, under the authority

of the Heritage Property Act, RSNS 1989, Chapter 199, as follows:

1. This bylaw shall be known as Bylaw Number 17 and may be cited as the "Heritage Property Bylaw".


DEFINITIONS

2. Words in this bylaw shall take their meanings from their context and from dictionaries of the Canadian language, except as follows:

a. "The Region of Queens Registry of Heritage Properties" means a Municipal Registry of Heritage Properties within the meaning of the Heritage Property Act, RSNS 1989, Chapter 199, having all the powers and duties prescribed by the Ad or incidental thereto.

b. "Heritage Advisory Committee" means a Heritage Advisory Committee within the meaning of the Heritage Property Act, having all the powers and duties prescribed by the Act or incidental thereto.

c. "Region of Queens Heritage Property" means a Municipal Heritage Property within the meaning or the Heritage Property Act.


REGISTRY

3.1 The Clerk shall establish and maintain at the business office of the Municipality, a Registry of Heritage Properties, where all prescribed documents relating to the registration of heritage properties pursuant to the Act or this Bylaw be filed. The Registry shall:

a. be properly indexed

b. contain data with respect to recommendation, registration if applicable, recording particulars of documents required to be logged at the Registry of Deeds for Queens County and true copies of all notices required by the Ad;

c. contain particulars of the heritage property under recommendation or registered so as to adequately identify the properly; and

d. be accessible to the public, at no charge, during regular business hours at the Region of Queens Municipality business office.

3.2 The maintenance of the Region of Queens Registry of Heritage Properties shall he the responsibility of the Clerk.


ADVISORY COMMITTEE

4.1 There shall be a Heritage Advisory Committee which may advise the Region of Queens Municipality respecting:

a. the inclusion of buildings, streetscapes and areas in the Region of Queens Registry of Heritage Properties;

b. an application for permission to substantially after or demolish a Region of Queens Heritage Property;

c. building or other regulations that affect the attainment of the intent and purpose of the Heritage Property Act; and

d. any other matters conducive to the effective carrying out the intent and purpose of the Heritage Property Act.

4.2 The Heritage Advisory Committee shall be composed of no less than eight members. The members will be appointed annually by the Region of Queens Municipality. The Committee shall consist of at least two members of the Council, at least one member of the Queens County Historical Society, at least one member of the North Queens Heritage Society, or individuals who have otherwise demonstrated active concern for the preservation of buildings of historical significance.

4.3 The Heritage Advisory Committee may recommend to the Region of Queens Council that a building, streetscape or area be registered as a Region of Queens Heritage Property in the Region of Queens Registry of Heritage Properties and the prescribed notice of such recommendation shall be served and filed by the Clerk in accordance with the Act. A copy of the notice shall be filed in the Region of Queens Registry of Heritage Properties.

4.4 Notice of recommendation by the Heritage Advisory Committee that a building, streetscape or area be registered as a Region of Queens Heritage Property shall be in Form A.

5.1 With the agreement of the owner(s), Council may register a building, streetscape or area as a Region of Queens Heritage Property in accordance with the provisions of the Act and the registration form shall be in Form B.

5.2 Notice of such registration shall be sent to each registered owner of the Municipal Heritage Property. One copy of the registration shall be deposited in the Registry of Deeds and one copy of the registration shall be filed in the Region of Queens Registry of Heritage Properties.

6. Council may, from time to time, set out or amend the terms of reference within which the Heritage Advisory Committee shall operate. The Council may set out and amend such guidelines as it sees fit for the designation of property as Heritage Properties, and the Heritage Advisory Committee shall make recommendations in accordance therewith.


PENALTY

7. Any person who violates any provision of this bylaw, shall be liable upon conviction to a minimum- penalty of one hundred dollars ($100) and a maximum penalty not exceeding one thousand dollars ($1000) and in default of payment thereof to imprisonment for a period not exceeding ninety (90) days.


REPEAL

8. The Heritage Property Bylaw, adopted by the Council of the Town of Liverpool, an the 20th day of November, 1991, and subsequently approved by the Minister of Municipal Affairs on the 16th day of December, 1991, is hereby repealed.


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