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SUMMER VILLAGE OF SUNBREAKER COVE
DOCK AND MOORING BYLAW
BYLAW #179-23
BEING A BYLAW OF THE SUMMER VILLAGE OF SUNBREAKER COVE, IN
THE PROVINCE OF ALBERTA, TO ESTABLISH APPROVAL
REQUIREMENTS FOR SEASONAL DOCKS AND MOORING STRUCTURES
FROM THE SUMMER VILLAGE OF SUNBREAKER COVE.
WHEREAS:
1. The occupation of public land (including the beds and shores of a
waterbody) for more than 14 days, requires authorization from the
Province of Alberta by virtue of the Public Lands Act.
2. The Disturbance Standard for Temporary Seasonal Docks and other
Mooring Structures for Personal Recreation Purposes approved in
2021 grants general permissions to waterfront and semi-waterfront
landowners which are subject in part to (1) those landowners obtaining
all federal, provincial, municipal, and other permits and approvals, as
applicable, with respect to the permitted activity, and that (2) the
permitted activity complies with municipal bylaws and local
government zoning restrictions.
3. The Municipal Government Act, Revised Statutes of Alberta 2000,
Chapter M-26 provides that a Council has jurisdiction to pass bylaws
for municipal purposes respecting the people, activities, and things in,
on or near a public place or place that is open to the public.
4. SBC currently has 265 properties with tax assessments, of which one
is waterfront and 66 are semi-waterfront. Many would be affected by
the Disturbance Standard without imposing a bylaw requiring
compliance by all docks.
5. The Council of the Summer Village of Sunbreaker Cove wishes to (1)
maximize the opportunity for its residents to have access to the lake in
the form of a dock, (2) ensure appropriate separation exist between
docks, (3) limit the frequency that dock walkways leave the shoreline,
(4) protect designated swimming and environmentally sensitive areas,
and (5) enable administration to provide approvals required under the
disturbance standard.
6. A phased bylaw roll-out is adopted to manage the initial number of
mooring applications that will be considered. This recognizes
administrative constraints and allows changes to be made in the
approval process where appropriate before addressing the rest of the
shoreline for which approvals will later be required.
7. A temporary field authorization from AEP will be required where docks
don't satisfy the conditions in the disturbance standard until SBC
receives the department license of occupation it is applying for.
NOW THEREFORE, under the authority of the Municipal Government Act, the
Council of the Summer Village of Sunbreaker Cove, in the Province of Alberta,
enacts as follows:
1. This bylaw may be cited the "Dock and Mooring Bylaw."
Summer Village of Sunbreaker Cove
Dock and Mooring Bylaw
Bylaw #179-23
2. In this bylaw:
(a) "AEP" means Alberta Environment and Parks.
(b) "Communal Dock" means a shared dock with a significant number
of boat hoists, such as the one located off Sunset Cove on the east
(Sunhaven) side of SBC for many years.
(c) "Disturbance Standard" means the Government of Alberta
Disturbance Standard for Temporary Seasonal Docks and other
Mooring Structures for Personal Recreational Purposes.
(d) "Dock" means any temporary and seasonal structure over or in the
lake and includes any walkway, terminal platform, and associated
boat lifts. The term includes any stand-alone boat lift without a
walkway or terminal platform.
(e) "Dock Captain" means a resident who is the point of contact for the
dock and is responsible for obtaining written consent for that dock
and ensuring it complies with this bylaw.
(f) "Dock Layout Boat Lift Density" addresses how efficient each
shared dock layout is. The value is derived by multiplying the total
number of motorboats, fishing boats and sailboats in the dock layout
by 100, and then dividing by the sum of (1) the mooring area width,
(2) the minimum left separation it needs under section 5.5 and (3)
the minimum right separation it needs under section 5.5.
(g) "EOS" means Environmental Open Space.
(h) "Line of navigation" means where the water depth exceeds 1.5
meters (5 feet) at the time the dock is placed.
(i) "Lot" is synonymous with a single tax assessment. Where two lots
shown on the land use district map have been combined for tax
purposes they shall be considered to be one lot.
(j) "MAS" means Mooring Administration Segment.
(k) "Mooring Area" is defined by the shoreline, the line of navigation,
and the maximum width of the dock and any associated boat
extension.
(l) "Resident" means a registered landowner in SBC whose name is on
title, or their immediate family.
(m) "SBC" means Sunbreaker Cove.
(n) "Semi-waterfront landowner" means the owner of a lot with
frontage directly adjoining the EOS. The land use district map in the
Land Use Bylaw shows the community reserve districts are
separated from the EOS, regardless of what other maps may show.
(o) "Shared dock" means a privately owned, non-commercial dock
shared by multiple lot owners.
(p) "Terminal platform" means the portion of the dock generally
attached to the walkway, that is used to make boat slips for loading
Summer Village of Sunbreaker Cove
Dock and Mooring Bylaw
Bylaw #179-23
vessels or provide a seating area.
(q) "Walkway" means that part of the dock that leads from the shore to
the terminal platform.
(r) "Waterfront landowner" means the owner of a lot with frontage
directly adjoining the bank of a water body.
3. Any dock placed along the EOS where the municipality is the waterfront
owner shall require an authorization from the municipality other than
those noted in section 4. No docks will be permitted in a designated
swimming area or environmentally sensitive area.
4. Where docks cannot be accessed along the EOS without trespass on
private property, municipal approval is not required by those lot owners
whose lot frontage directly adjoins the otherwise inaccessible EOS so
long as the owners comply with the Disturbance Standard conditions
and, if necessary, has appropriate encroachment agreements with the
municipality in place. This is understood to apply to 26 lots as shown in
Schedule A, Figure 1, where "private" dock types are shown.
5. In all cases:
5.1
Only SBC docks or boats owned by residents shall be
authorized to be placed in front of SBC's EOS.
5.2
The dock shall not be rented out or used for commercial
activity.
5.3
The dock shall be maintained in a safe operating condition.
Fuel shall not be stored on docks.
5.4
The dock shall not extend beyond the line of navigation.
5.5
Individual dock mooring areas shall be at least 10 ft (3 m) from
adjacent dock mooring areas, the east and west boundary of
SBC's EOS, and designated swim and environmentally
sensitive areas.
This separation between dock mooring areas will need to
increase for egress/ingress reasons to allow boats to
maneuver safely. For instance:
- Where the dock layout has two boats orientated
alongside the walkway in front of one another, the
separation shall be at least 15 ft or 2 times the width of
the boat located closest to shore.
- Where the dock layout has boats placed at a 45-degree
angle to the walkway, the separation shall be the
greater of 20 ft or the length of the longest boat so
orientated.
- Where a dock layout has boats orientated
perpendicular to the walkway, the separation shall be
the greater of 30 ft or 1.5 times the length of the longest
boat so orientated.
Summer Village of Sunbreaker Cove
Dock and Mooring Bylaw
Bylaw #179-23
5.6
Consistent with the AEP Disturbance Standards, docks shall
be constructed:
a) Using biologically inert and non-reactive materials,
including but not limited to factory pressure treated, non-
toxic, marine grade wood, untreated wood or plywood,
metal, fiberglass, or plastic.
b) Without damage or modification of the bed and shore of
the lake.
c) Without removing aquatic vegetation unless allowed by
provincial authorities.
d) To not interrupt the free movement of water.
e) To not completely enclose any portion of the lake
f) With a maximum walkway of 5 ft (1.5m).
g) Without fixed or covered structures including, but not
limited to gazebos, storage sheds, shelters, or other similar
structures. The resident may place temporary, readily
removed accessories on the dock. Boat hoist canopies are
allowed.
6. Where docks can be accessed along the EOS without trespassing on
private property:
6.1
Docks require municipal approval. No fee will be charged;
conditional approval provided for five seasons.
6.2
Docks shall be shared by residents from at least three lots,
except on a temporary basis as noted below in section 8.
6.3
The dock layout boat lift density shall be at least 4.50 boats
per 100 feet of shoreline.
6.4 The separation shall either
a) not exceed 10 ft unless required under section
5.5 for egress/ingress reasons
b) leave at least enough space to allow for a future
dock to be placed between them (50-55 ft)
6.5
Communal docks are preferred in front of CR land.
6.6
Docks shall be limited to one boat lift per participating lot for
either a motorboat, fishing boat, or sailing boat. Additional
personal watercraft can be placed along the walkway.
6.7
Lot owners shall not share more than one dock.
6.8
Swimming platforms and mooring buoys/anchors will not be
approved due to congestion and potential safety hazards.
6.9
Dock participation is transferrable with sale of lot. Notification
to administration required.
7. Administration will only consent to docks and hoists placed inside
designated areas (MAS) that comply with this bylaw after considering
adjacent dock layouts. This Bylaw requires collaboration between
adjacent dock captains.
8. Administration may approve a dock shared by less than three lots on a
Summer Village of Sunbreaker Cove
Dock and Mooring Bylaw
Bylaw #179-23
temporary basis where the dock captain confirms they are prepared and
willing to accommodate others and the dock application accommodates
3 lots to ensure the space needed will be preserved.
9. Approvals from the Summer Village will need to be obtained every 5
years but may be revoked at any time by the municipality if there is
either a breach to any part of this bylaw or the municipality needs the
space for a communal dock.. Should approvals be revoked, the
dock/owner will be required to remove the dock at their own expense
and will not be granted approval the following year.
10. For the 2023 open water season, no approvals will be required for any
MAS other than B1, B3 and B4 in Schedule A. Approvals will be
required in subsequent years for all other shared MAS as shown in
Schedule A.
11. Applications must be submitted using the approved form provided in the
Dock Application Package.
12. That this Bylaw shall take effect on the date of the third and final
reading.
13. Upon 3rd and final reading, Bylaw #170-22 is hereby rescinded.
INTRODUCED AND GIVEN FIRST READING this 13th day of February
2023.
GIVEN SECOND READING this 13th day of February 2023.
GIVEN THIRD AND FINAL READING this 13th day of February 2023.
______________________________
Jim Willmon, Mayor
______________________________
Tanner Evans, C.A.O.
Summer Village of Sunbreaker Cove
Dock and Mooring Bylaw
Bylaw #179-23
Schedule A - Mooring Administration Segments (MAS)
MAS Designations -Breakers
MAS Designations - Sunhaven
Note: The subdivision of MAS S2 into three sections.
MAS and Glen's Cove Designated Swimming Area (DSW) Summary
Breakers
Sunhaven
MAS
Length(ft)
Dock Type
MAS Length(ft)
Dock Type
B1
875
Shared
S1
466
Private
B2
263
Private
S2.1
200
Shared
B3
131
Shared
S2.2
490
Shared
DSA
100
None
S2.3
440
Shared
B4
528
Shared
S3
367
Private
B5
350
Shared
S4
270
Shared
B6
237
Shared
S5
445
Private
Summer Village of Sunbreaker Cove
Dock and Mooring Bylaw
Bylaw #179-23