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THE CORPORATION OF THE TOWNSHIP OF MADOC
BY-LAW NO. 1743-2024
A BY-LAW TO LICENSE AND REGULATE TRAILERS AND TENTS
WITHIN THE TOWNSHIP OF MADOC
WHEREAS pursuant to Section 164 of the Municipal Act, 2001, c.25,
authorizes a municipality to pass By-Laws for the prohibition and
licensing of trailers located in the municipality;
AND WHEREAS pursuant to Section 128 (1) of the Municipal Act,
2001 authorizes a local municipality to prohibit or regulate matter
that in the opinion of council are or could become or cause public
nuisances;
AND WHEREAS pursuant to Section 425 of the Municipal Act, 2001,
authorizes a municipality to pass By-Laws providing that a person
who contravenes a By-Law of the municipality passed under the
Municipal Act is guilty of an offence;
AND WHEREAS section 429 of the Municipal Act, 2001, authorizes a
municipality to establish a system of fines for offences under a By-
Law of the municipality passed under the Municipal Act;
AND WHEREAS it is deemed necessary the all trailers located in the
Township of Madoc and not assessed under the Assessment Act
(Ontario) be licensed;
AND WHEREAS the Council of the Township of Madoc is of the
opinion that it is necessary to licence and regulate tents erected on
private property
NOW THEREFORE, the Council of the Corporation of the Township
of Madoc enacts as follows:
1. DEFINITIONS
I.
"Lot" shall mean a parcel or tract of land which can be
conveyed, mortgaged, or transferred in compliance with
the Planning Act, R.S.O. 1990, c. P. 13
II.
"Enforcement Officer" shall mean any duly appointed
officer or employee of the Township of Madoc.
III.
"Municipality" shall mean the lands and premises within
the corporate limits of the Township of Madoc.
IV.
"Person" shall mean an individual or corporation.
V.
"Trailer" shall mean any vehicle so constructed that it is
suitable for being attached to a motor vehicle for the
purpose of being drawn or propelled by the motor vehicle
and that is capable of being used by persons for living,
sleeping or eating accommodations of persons. Examples
include a motor home, a tent trailer, a truck camper, a
camper trailer, a recreational trailer, a fifth wheel trailer
and a bus converted into a motor home. For the purpose
of this By-Law, a trailer shall not include any trailer
assessed under the Assessment Act, 2001.
VI.
"Tent" shall mean every kind of temporary shelter for
sleeping that is not permanently affixed to the site and
that is capable of being easily moved.
2. LICENCES REQUIRED
I.
No person shall locate a tent or trailer on a Lot in the
Municipality unless it is licenced in accordance with this
By-Law. Notwithstanding the foregoing, a licence is not
required where a tent or trailer is located:
a) In a trailer park zoned for such use in the
Comprehensive Zoning By-Law for the Township of
Madoc;
b) In a campground zoned and licenced for such use by
the Municipality;
c) The trailer is assessed under the Assessment Act
ii.
No licence will be issued for a period longer than one
calendar year, valid from January to December
iii
After the expiry of the licence, every person shall remove
the tent or trailer from the Lot unless a new licence has
been obtained from the Township of Madoc
3. GENERAL APPLICATION
The following provisions of general application apply to all
trailers and tents located on any Lot whether a licence is
required or not, save and except for any trailer or tent located
in a trailer park or campground referenced in 2(i)(a) or 2(i)(b)
above.
Every person shall comply with the following provisions:
i.
No more than one (1) trailer per Lot shall be
permitted.
ii.
No trailer shall be located on lands classified as
Managed Forest, or wetlands, or protected lands as
determined by any other regulating authority.
iii.
All trailers shall be set back a minimum of 10
meters (32.8 feet) from all Lot lines.
iv.
All trailers shall be set back a minimum of 30
meters (98.4 feet) from any water body or
watercourse.
v.
A maximum of four (4) tents per Lot shall be
permitted within the Municipality if the Lot is
developed with a permitted residential structure. No
mor than two (2) tents shall be permitted on a
vacant lot.
vi.
Every tent shall be set back a minimum of 10
meters (32.8 feet) from all Lot line and set back a
minimum of 30 meters (98.4 feet) from any
waterbody or watercourse.
vii.
Every placement of a trailer will require an
approved valid entrance issued by the municipality.
viii.
Every application shall be accompanied by a pump
schedule for pumping the holding tank system, this
will include the contact information for the company
that will be pumping the system.
4. TRAILER WHERE HOME DEMOLISHED
I.
Where a tent or trailer will be located on a Lot after a
residential unit has been demolished, a licence shall be
required, however the Township of Madoc may exercise
its discretion in exigent circumstances, to vary or waive
certain requirements of this By-Law. Where the Township
exercises such discretion the Township and the applicant
shall enter into an Agreement for the licensing and
placement of the tent or trailer which will included the
following terms:
a) The tent or trailer will be permitted only where a
building permit for the construction of a new
residential structure has been obtained;
b) The tent or trailer will be permitted for a term not to
exceed one (1) year;
c) The tent or trailer will be removed prior to the
expiration of the building permit;
d) The Township of Madoc may provide an extension of
time the tent or trailer may remain on the lot in its
discretion;
e) Upon any breach of a term of the agreement by the
applicant, the agreement shall at the Township's
option be deemed null and void and the applicant shall
be required to strictly comply with the provisions of
this By-Law.
5. TRAILER LICENCE APPLICATION PROCESS
i. Every applicant for a licence to occupy a trailer shall apply in
writing using the application form, attached as Schedule "A"
hereto, and the application shall include:
a) Property owner's name and contact information.
b) A site plan showing the location of the trailer, including
distance from side, rear and front yards and, if applicable,
the distance from any waterbody or watercourse.
c) Detailed description of the trailer, including length, colour,
model number, license plate number and vehicle
identification number as applicable.
d) A description of provisions made for water, grey water,
sewage and garbage disposal and what provisions, if any,
have been made for heat or electricity.
e) Any expected length of time the trailer is to be occupied
f) Copies of the approvals required from other authorities (if
any) under al other relevant legislation.
g) Such other information as requested by the Township of
Madoc to properly consider the application.
ii. If a license is approved, the licensee must pay a license fee
as set out in Schedule "B" before the license will be issued.
iii. Every owner to whom a license has been issued shall display
the license on the Trailer in a place that may be seen easily
from the outside of the trailer.
iv. Every license obtained under this section shall expire on the
31st day of December in the year of which it was issued or
upon the expiration of the period of time for which it was
issued, whichever occurs first.
v. There shall be no inhabitants in any trailer or tent from
October 31 to April 1
6. Tent License Application Process
i. Every applicant for a license to occupy a Tent shall apply in
writing using the application form, attached as Schedule 'A'
hereto, and the application shall include;
(a)
Property owners' name and contact information
(b)
A site plan showing the location of the Tent, including
distance from side, rear and front yards and, if
applicable, the distance from any waterbody or
watercourse;
(c) A description of provisions made for water, grey water,
sewage and garbage disposal;
(d)
Copies of the approvals required from other authorities
(if any) under all other relevant legislation;
(e)
Such other information as requested by the Township
of Madoc to properly consider the application.
ii. If a license is approved, every licensee shall pay a license fee
as set out in Schedule 'B' before the license will be issued.
iii. Every license obtained under this section shall expire on the
31st day of December in the year of which it was issued.
7. Enforcement
i. An Enforcement Officer shall enforce the provisions of this
By-Law.
ii. An Enforcement Officer may at any reasonable time enter
onto any property, for the purpose of carrying out an
inspection to determine whether or not the provisions of the
By-Law are being complied with.
iii. An Enforcement Officer may suspend or revoke a license
where the licensee has failed to comply with the
requirements of this By-Law or other application By-Laws of
the Township of Madoc.
iv. If the Township of Madoc is satisfied that a contravention of
this By-Law has occurred, the Enforcement Officer may
make an Order requiring the person who contravened the
By-Law to discontinue the contravening activity or to take
action to correct the contravention. Such Order shall include
reasonable particulars of the contravention adequate to
identify the contravention and the location of the Lot on
which the contravention occurred and the date by which
there must be compliance with the order.
v. No person shall hinder or obstruct, or attempt to hinder or
obstruct, any person who is exercising a power or
performing a duty under this By-Law.
8. Penalty
i. Every person who violates a provision of this By-Law is guilty
of an offence and on conviction is liable to the penalty
provided in Section 61 of the Provincial Offences Act, R.S.O.,
chapter 33 as amended or re-enacted from time to time.
ii. Any person who contravenes or fails to comply with any of
the provisions of the By-Law shall be guilty of an offence and
shall be liable to the fines and penalties as set out in
Schedule 'C'. Each day of contravention shall constitute a
separate offence.
9. Validity
i. If any provision of this By-Law is, for any reason, declared
by a court of competent jurisdiction to be invalid, the same
shall not effect the validity of the By-Law as a whole, or any
part thereof other than the provision so declared to be
invalid, and it is hereby declared to be intended that all the
remaining provisions of the By-Law shall continue to be in
full force and effect until repealed, notwithstanding that one
or more provisions thereof shall have been declared to be
invalid.
Read a first, second and third time and finally passed this 4th day of
December 2024.
___________________________
Mayor
___________________________
Clerk
THE CORPORATION OF THE TOWNSHIP OF MADOC
BY-LAW NO. 1743-2024
Name of Applicant
(LAST, First, Middle)
Name of Assessed Owner
(LAST, First, Middle)
Address of Applicant
Phone Number:
Mobile (Cell):
Email:
Civic Address of Lot
Roll Number
1236 000
Applicants interested in land
(Place Checkmark)
Owner
Tenant
Lease
Dimensions of Land
Frontage
Depth
Area
Detailed Description of Trailer
or Tent
Length:
Colour:
Model:
License #
VIN #
What provisions have been made for:
Holding Tank:
Grey Water:
Drinking Water:
Garbage Disposal:
Electricity (If
applicable)
Heat (if applicable)
Expected Dates of
Occupancy
From:
To:
A Site Plan of the Property should be attached showing the following
(where applicable)
Property dimensions
The position of the tent or trailer on the site including setbacks
from all lot boundaries, roadways and waterbody or
watercourse
Location of holding tank system
Location of well
Parking Spaces
Driveway
Fire Pit
I confirm that the information provided on this application form is true to
the best of my knowledge and belief. I agree to comply with the provisions
of By-Law 1613-2021.
Date:
Signature:
Signature of Issuing Official: