By-law 19-11-1225 Recreational Vehicle / Trailer Licensing
Whitewater, Ontario
· No. 19-11-1225
· summary & facts
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The Corporation of the Township of Whitewater Region
By-law Number 19-11-1225
A by-law to license Recreational Vehicles/ Trailers
in the Township of Whitewater Region
hereas, Section 164 of the Municipal Act, 2001, S.O. 2001, c.25
authorizes municipalities to prohibit or license trailers located in the
municipality;
hereas, Council has adopted By-law No. 19-11-1224 to amend
Westmeath Zoning By-law No. 98-13 and Ross Zoning By-law No. 23-92 to
permit the use and/or occupation of one (1) recreational vehicle on vacant
lots located within certain zoning categories;
hereas, Council deems it is necessary and expedient to enact a by-law for
the licensing of recreational vehicles/ trailers in the Municipality;
The Council of the Corporation of the Township of Whitewater
Region enacts as follows:
Part I -— General
1.0 Definitions
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
Assessed Trailer means any trailer legally located on a
property and that is assessed under the Assessment Act.
By-law Enforcement Officer shall mean a person or entity
employed directly or indirectly by the Township to enforce the
by-laws of the Township and perform other duties as assigned
from time to time on behalf of the Township as its agent, and
includes their designate assigned the responsibility for enforcing
and administering this by-law.
Camping Establishment means a tourist establishment
consisting of at least five camping lots and comprising land used
or maintained as grounds for the camping or parking of
recreational vehicles and tents.
Chief Building Official means the officer of the Township
responsible for enforcing the provisions of the Building Code Act,
and includes employees acting under their direction.
Clerk means the Clerk of the Township of Whitewater Region as
appointed pursuant to Section 228 of the Municipal Act or
designate.
Council means the Council of the Corporation of the Township of
Whitewater Region.
Lot means a parcel of land where one or more buildings or
structures are or could be located, or one or more uses could be
made. This parcel of land must have its own roll number as
provided by the Ontario Property Assessment Corporation.
Municipal Act means the Municipal Act, 2001, S.O. 2001, c.25.
By-law 19-11-1225 Page 1 of 13
1.9
1.10
1.11
1.12
Owner means the owner of land as deemed to be the person
shown on the last revised assessment roll of the municipality or
on the current provincial land tax roll at the address shown on
the roll.
Recreational Vehicle shali mean a structure or vehicle
designed, intended and used as living, sleeping or eating
accommodation of persons on a temporary, transient or short
term basis exclusively for travel, recreation and vacation and
which is either capable of being drawn by a passenger vehicle or
is self-propelled and which has running gear and towing
equipment that is permanently attached and which is not
permanently affixed to the ground. A travel trailer, tent trailer,
motorhome, and similar transportable accommodation,
excepting a mobile home, shall have a corresponding meaning.
Stored Recreational Vehicle/ Trailer means any trailer
located on the property only for the purpose of sale or storage
but shall not include any trailer being used at any time for living,
sleeping or eating accommodations of persons while located on
that property.
Township or Municipality shall mean the Corporation of the
Township of Whitewater Region and shall be defined as the lands
and premises within the corporate limits.
2.0 Prohibitions
2.1
2.2
2.3
2.4
2.5
2.6
No person shall use and/or occupy a recreational vehicle on any
Property within the Township for more than 10 days in any given
year, except in a designated Camping Establishment, without
purchasing an annual license.
No person shall use and/or occupy a recreational vehicle without
a license unless defined in Section 1.1, even if the recreational
vehicle was legally placed on the property prior to the date of
implementation of this By-law.
No person shall use and/or occupy a recreational vehicle from
November 30" to April 30% of any given year.
No person shall add additions such as sunrooms, porches, roofs
or decks to a recreational vehicle, unless specifically permitted in
the applicable Zoning By-law.
The Owner of the land, other than an established Camping
Establishment within the Township, upon which a legally non-
conforming recreational vehicle is located, shall be responsible
for obtaining a license from the Township or the Township’s By-
Law Enforcement Officer. No license shall be issued unless the
prescribed fee has been paid.
Where a recreational vehicle that is located on a property in the
Township, other than on land used as an established Camping
Establishment, has been established to be a legally non-
conforming use and where such recreational vehicle has only
been used occasionally for living, sleeping or eating
accommodation of persons, such recreational vehicle shall not be
deemed to be a stored recreational vehicle as defined in Section
By-law 19-11-1225 Page 2 of 13
1.11 and shall be subject to an annual license.
2.7 No license shall be issued under this by-law if the application for
the license would be in contravention of any other by-law of the
Township or of any Federal or Provincial law or regulation.
2.8 No license shall be issued to permit a recreational vehicle within
a settlement area (i.e. Village of Cobden and Beachburg,
Hamlets of Westmeath, LaPasse, Foresters Falls, Haley Town
Site, Haley Station, etc.)
2.9 This by-law shall not apply to a recreational vehicle where such a
recreational vehicle is located on an existing lot for the sole
purpose of storage or for the sole purpose of the sale of the
recreational vehicle. Where a recreational vehicle is being stored
or offered for sale no person shall use and/or occupy the
recreational vehicle.
2.10 No person shall store, use and/or occupy a mobile home on their
property, unless specifically permitted in the applicable Zoning
By-law.
2.11 No recreational vehicle for which a license is required under this
by-law shall be used and/or occupied on land except in
conformity with the provisions and requirements for a dwelling
unit as prescribed by the applicable Township Zoning By-law, as
amended, for the zone in which the lands are located.
a) A license may be issued for a recreational vehicle for
properties located within the Flood Fringe and Floodway as
defined in the applicable Zoning By-law, subject to the
following requirements:
i. That the Owner shall enter into a Development
Agreement to satisfy requirements relating to:
- Restricting the placement, use and/or occupation of
the recreational vehicle on or before June 1st of any
given year.
- Removing of the recreational vehicle from the
property before or on November 30th of any given
year.
- Restricting the installation of any additions such as
sunrooms, porches, roofs or decks and accessory
buildings and structures.
2.12 The Township may authorize variances from this by-law (i.e. a
second recreational vehicle) if in the opinion of the Township the
general intent and purpose of the by-law are maintained.
a) The applicant must submit the duly completed variance
application form, in the prescribed form attached to this by-
law as Schedule “C”, to the Clerk, along with the required
documents, and pay the fee as set out in Schedule “A”
attached to this by-law.
b) An applicant may be required to enter into one or more
agreements with the municipality to permit the variance.
By-law 19-11-1225 Page 3 of 13
Cc) Approval of variances is delegated to the Committee of
Adjustment.
Part II - Licensing
3.0 License Exemptions
3.1
3.2
3.3
A stored recreational vehicle, as defined in Section 1.11, does
not require a license.
An assessed recreational vehicle, as defined in Section 1.1, does
not require a license.
Where a building permit for a single family dwelling unit has
been issued by the Township's Chief Building Official, the permit
holder may place a recreational vehicle on the property where
the unit is being constructed or reconstructed solely for the
purpose of the construction and only if any applicable building
permit fees are paid and the recreational vehicle is promptly
removed prior to the expiration of said building permit.
4.0 License Fee
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
The License fee for a recreational vehicle shall be as set out in
Schedule “A” attached to this by-law or as set out in the
Townships annual Fees and Charges By-law.
The license fee is payable for the current fiscal year upon receipt
of an application. Every license obtained in this paragraph shall
expire on the 31st day of October in that year of which it was
issued.
Applications for licenses shall be made to the Township Office
and duly signed by the Owner of the property on which the
recreational vehicle is to be located. The person to whom a
license has been issued shail display the license on the
recreational vehicle in a place that can be seen easily from the
outside of the recreational vehicle.
All applications for such license shall be made in the prescribed
form attached to this by-law as Schedule “B”.
The license fee is imposed upon the Owner of the property on
which the recreational vehicle located. If the Owner fails to make
payment of the license fee in any year, the fee shall be deemed
overdue and as such, the full license fee shall be transferred to
taxes in accordance with the Municipal Act, 2001 and collected in
the same manner as taxes.
Any license issued under this by-law is not transferrable (i.e. to
another person and/or property).
No Owner shall store, use and/or occupy more than one
recreational vehicle on a lot, except in accordance with the
provisions of this by-law.
Every person shall ensure that their recreational vehicle is
connected to a sewage system that is operated and maintained
as per Part 8 of the Ontario Building Code and enforced by the
By-law 19-11-1225 Page 4 of 13
Chief Building Official, unless the recreational vehicle contains an
integral holding tank to be emptied at a facility licensed by the
Ministry of the Environment, Conservation and Parks.
4.9 No recreational vehicle shall be licensed unless the location of
the recreational vehicle complies with the following:
a) All Provincial statutory and regulatory requirements
including but not limiting the generality of the foregoing,
any license or permit required by the Ministry of the
Environment, Conservation and Parks.
b) All Federal statutory and regulatory requirements.
c) The provisions and requirements for a dwelling unit as
prescribed by the applicable Westmeath Zoning By-law No.
98-13 and Ross Zoning By-law No. 23-92, as amended.
4.10 A license issued pursuant to this by-law authorizes the use,
occupation and maintenance of an existing recreational vehicle
on existing lots for temporary accommodations only. The
issuance of a license does not grant the licensee the authority to
occupy the recreational vehicle on a permanent basis. The
issuance of a license is not intended and shall not be construed
as permission or consent by the Township for the holder of the
license to contravene or to fail to observe or comply with any law
of Canada, Ontario or any by-law of the Township.
4.11 Every person having been issued a license for a recreation
vehicle shall ensure that they:
a) Have obtained an entrance permit, where applicable,
pursuant to the Township’s policies and by-laws.
b) Have obtained and installed a property identification
number and post in a visible location on the lot in
accordance with the County of Renfrew Civic Addressing
Policy, as implemented by the Township.
c) Will dispose of garbage and recycling in accordance with
the standards set out by the Township.
d) Comply with Property Standards By-law No. 04-01-146.
e) Comply with Clean Yards By-law No. 16-02-847.
f) Provide electrical power to the recreational vehicles, if
applicable, by connecting to the electricity service available
at the lot, implement a form of renewable energy and, will
not operate a fuel burning generator between the hours of
7 p.m. and 8 a.m. and/or within 30 metres from the
nearest dwelling unit.
Part III — Administration
5.0 Administration and Enforcement
5.1 Any person who contravenes any of the provisions of this by-law
shall be guilty of an offence and shall be liable, for each
By-law 19-11-1225 Page 5 of 13
5.2
5.3
5.4
5.5
5.6
5.7
5.8
contravention and each day of contravention shall constitute a
separate offence.
No person being the registered Owner of any lot or parcel of land
within the Township shall permit any person to use and/or
occupy a recreational vehicle on his or her property except in
accordance with the provisions of this by-law.
The administration of this by-law is assigned to the Clerk who
may delegate the performance of their function under this by-
law from time to time as occasion requires.
The Clerk may impose all required conditions to ensure that a
person complies with this by-law and any other by-law of the
Township or of any Federal or Provincial law or regulation.
Every applicant shall provide in full, at the time the application is
submitted, all of the information required on the application form
attached as Schedule “B” , as well as payment of the prescribed
license fee as set out in this by-law and any other document or
information as may be required in any other part of this by-law.
The enforcement of the by-law is assigned to the by-law
Enforcement Officer for the Township.
Any recreational vehicles used, maintained or located in
contravention of this by-law shall be removed from the lot, at
the expense of the Owner of the lot. Failure to remove any
recreational vehicles from a lot within the time prescribed by the
By-law Enforcement Officer may result in the removal of said
recreational vehicle by the Township, at the expense of the
Owner of the lot.
Unpaid removal fees may be added to the tax roll, subject to the
provisions of the Municipal Act, 2001 and collected in the same
manner as taxes.
6.0 Inspections
6.1
6.2
Any person designated by Council to enforce this by-law may, at
any reasonable time and upon producing proper identification,
enter and inspect any property licensed under or in
contravention of the provisions of this by-law.
No person shall obstruct, hinder or in any way interfere with any
person designated to enforce this by-law.
7.0 Penalty
7.1
7.2
Any person who contravenes any of the provisions of this by-law
shall be guilty of an offence and, upon conviction, shall be liable
to a fine pursuant to Section 61 of the Provincial Offences Act,
R.S.O. 1990, c. P.33, for each contravention and each day of
contravention shall constitute a separate offence, as set out in
Schedule “D” attached.
Upon registering a conviction for a contravention of any
provision of this by-law, the Ontario Court, Provincial Division,
may, in addition to any penalty imposed by this by-law, make an
By-law 19-11-1225 Page 6 of 13
order prohibiting the continuation or repetition of the offence by
the person convicted.
8.0 Validity
8.1 If any section, clause or provision of this by-law is for any reason
declared by a court of competent jurisdiction to be invalid, the
same shall not affect the validity of the By-law as a whole or any
part thereof other than that section, clause or provision so
declared to be invalid and it is hereby declared to be the
intention that all remaining sections, clauses or provision of the
by-law shall remain in full force and effect until repealed,
notwithstanding that one or more provisions thereof shall have
been declared to be invalid.
8.2 In the event of any conflict between any provisions of this by-
law and any other by-law hereto are passed; the provisions of
this by-law shall prevail.
9.0 Effective Date
This by-law shall come into force and take effect upon passing.
10.0 This by-law shall be cited as the “Recreational Vehicle Licensing By-
law”.
Read a first, second and third time and finally passed this 20th day
of November, 2019.
Michael Moore, Mayor
A
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Carmen Miller, Clerk
By-law 19-11-1225 Page 7 of 13
Index
Part I — General
1.0
2.0 = Prohibitions ...........cccccceccecsecerseceueuceeceeeeeseesaetsceueesentsteuteteeenenseccenes 2
Part II - Licensing
3.0 License Exemptions ..............cccsseveesecesaccececeueceveseseeuusaueeceuaeatencenecesee 4
Part III —- Administration
VaAlIGILY ...... cc eeeecccuseuecarenaetenseenens wBQeensnaunacaeeecavens ceunesceseancenteneessuaeens 6
Effective Date ...........cccceccccnccsseeccccesentacecseuescuteaususuvacantnccensecenccesecs 7
2090006
Nor Oar
Schedule “A” — Annual License Fee
Schedule “B” - Application Form
Schedule “C” - Variance Application Form
Schedule “D” - Penalty Provisions
By-law 19-11-1225 Page 8 of 13
Schedule “A” — Annual License Fee
Annual License Fee for a Recreational Vehicle are set out in the
Township Fees and Charges By-law
To assist resident to conform to the Recreational Vehicle Licensing By-law,
the following rebates will be applied for the applicable year:
2020 Recreational Vehicle Permit Fee Rebate - 50%
2021 Recreational Vehicle Permit Fee Rebate - 25%
Fee to request a Variance for a Recreational Vehicle from a provision
and requirement of this by-law
Variance Fee for a Recreational Vehicle - $200.00.
Fee for the removal of a Recreational Vehicle in accordance with
Section 5.6 of this by-law shall be as follows:
Actual cost incurred by the Township
By-law 19-11-1225 Page 9 of 13
Schedule “B” — Application Form
amd
ae
LO TOWNSHIP OF WHITEWATER REGION
WHITEWATER
——rRec1on—— APPLICATION FOR A RECREATIONAL VEHICLE LICENCE
Name of Owner:
Address:
Phone Number:
Address of Site:
Roll Number:
Dimensions of Land:
Frontage: Depth: Area:
Detailed Description of Recreational Vehicle:
Length: Colour: Model #:
License Plate: VIN #:
What provisions have been made for:
Septic/Black Water:
Grey Water:
Drinking Water:
Garbage Disposal:
Electricity, if applicable:
Heat, if applicable:
Expected dates of occupancy:
A Site Plan of the property should be attached showing the following:
O Property Dimension
© The Location of the Recreational Vehicle on-site including
setbacks from all lot boundaries, roadways and waterbody
courses as set out the Township Zoning By-law.
Location of Septic System
Location of Well
Driveway/ Parking spaces
Fire Pit
oOo00
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 Recreational Vehicle Licencing By-law.
Date: Signature of Owner:
Reviewed by Township of Whitewater Region Administration Staff this
day of 20
Signature of Issuing Official:
Sketch of property/trailer location to be attached.
Recreation Vehicle License Application Form November 2019 Page |
By-law 19-11-1225 Page 10 of 13
Schedule “C” - Variance Application Form
SS ——— TOWNSHIP OF WHITEWATER REGION
WHITEWATER
——r © c1cn—— APPLICATION FOR A VARIANCE-RECREATIONAL VEHICLE
Name of Owner:
Address:
Phone Number:
Address of Site:
Roll Number:
Dimensions of Land:
Frontage: Depth: Area:
Detailed Description of Recreational Vehicle:
Length: Colour: Model #:
License Plate: VIN #:
What provisions have been made for:
Septic/ Black Water:
Grey Water:
Drinking Water:
Garbage Disposal:
Electricity, if applicable:
Heat, if applicable:
Expected dates of occupancy:
A Site Plan of the property should be attached showing the following:
© Property Dimension
© The Location of the Recreational Vehicle on-site including
setbacks from all lot boundaries, roadways and waterbody
courses as set out the Township Zoning By-law.
Location of Septic System
Location of Well
Driveway/ Parking spaces
Fire Pit
Qoo00
Please state the nature and extent of the relief from the Recreational
Vehicle Licencing By-law:
What is the reason why the proposed use cannot comply with the provisions
of the Recreational Vehicle Licencing By-law:
Reervation Vehicle License Application Form November 2019 Page 1
By-law 19-11-1225 Page 11 of 13
Schedule “C” — Variance Application Form (Cont.)
ig Bee TOWNSHIP OF WHITEWATER REGION
WHITEWATE
—rRecstion-— APPLICATION FOR A VARIANCE-RECREATIONAL VEHICLE
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 the Recreational Vehicle By-law.
Date: Signature of Owner:
Reviewed by Township of Whitewater Region Administration Staff this
day of 20
Signature of Issuing Official:
OPA/ZBA Form Page 2
By-law 19-11-1225 Page 12 of 13
Schedule “D” - Penalty Provisions
The following penalty provisions/short form wording shall be
subject to the approval and/or amendment made by the Regional
Senior Justice.
Item
Short Form Wording
Provision
Creating
or
Defining
Offence
Set Fine
Fail to obtain a license for
recreational vehicle over 10-day limit
2.1
$500.00
Occupy recreational vehicle when
prohibited - November 30th to April
30th
2.3
$500.00
Permit prohibited structure
2.4
$500.00
Prohibited storage of mobile home
2.10
$500.00
N (Or)
Recreational vehicie does not
conform to required setbacks of
Zoning By-law
2.11
$500.00
Ce)
Owner keep or store more than one
recreational vehicle per property
4.7
$500.00
Operating a fuel burning generator
between 7 p.m. and 8 a.m.
4.11 f)
$500.00
Allow person(s) to locate recreational
vehicle on his/her property without a
license
5.2
$500.00
9
Obstruct - By-law Enforcement
Officer
6.2
$500.00
Note: The general penalty provision for the offences listed above is
Section 7.1 of By-Law No. 19-11-1225 a certified copy of which has
been filed.
By-law 19-11-1225
Page 13 of 13