By-law No. 72-2021 To License Recreational Vehicles and Tents

Wollaston, Ontario · No. 72-2021 · summary & facts

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---- The Corporation of the Township of Wollaston By-Law NO. 72-2021 Being a by-law to license recreational vehicles and tents within the Township of Wollaston WHEREAS pursuant to the Municipal Act, S.O. 2001, Section 164, empowers councils of a local municipality to pass by-laws to regulate or prohibit or license trailers (recreational vehicles) located in the Municipality; AND WHEREAS Section 436 of the Municipal Act, 2001, S.O. 2001, c. 25 provides that the municipality has the power to pass By-laws authorizing the power of entry for the purpose of inspecting land to determine compliance with a By-law, direction, order, or condition of license; AND WHEREAS it has been deemed to be in the public interest to license and regulate recreational vehicles and tents, and to suspend any such license in order to provide for the health and safety of the public; NOW THEREFORE the Council of the Township of Wollaston enacts as follows: 1. DEFINITIONS ' In this by-law: Camping means establishing a temporary accommodation for eating and/or sleeping. Presence of any of the following shall be deemed obvious proof of camping: food, utensils for cooking, a campfire, a tent, a recreational vehicle and/or other temporary shelter. Recreational Vehicle means a structure deigned to provide temporary living accommodation for travel, vacation, or recreational use and to be driven, towed, or transported. Living accommodations may include sleeping area(s), kitchen, bathroom a system for fresh/wastewater, 110/12V electricity, propane, heating, air conditioning, and/or entertainment. Such structures include motorized recreational vehicles (such as motor homes and camper vans) and towable recreational vehicles (such as travel trailers, folding camping trailers, Park Model trailers and recreational units). Tent means every kind of temporary shelter for sleeping that is not permanently affixed to the site and that is capable of being easily moved. Council means the Council of the Corporation of the Township of Wollaston. Municipality means The Corporation of the Township of Wollaston. Officer means a Municipal By-Law Enforcement Officer. Person in addition to its regular meaning, includes an individual, firm, proprietorship, partnership, association, syndicate, trust, corporation, department, bureau and agency or any director, officer, manager, or person in charge of such entity or the collecting of rent of any property, or any other person who is the occupier of the property. G 2. RECREATIONAL VEHICLES 2.1 No more than one (1) recreational vehicle shall be permitted to be parked or stored on a lot within a Residential First Density (R1) or Residential Second Density (R2) zone. 2.2 No recreational vehicles may be stored, parked, accessed, or otherwise located on vacant lots within a Residential First Density (R 1) or Residential Second Density (R2) zone. 2.3 In all zones except for R1 and R2, recreational vehicles shall be permitted where a Recreational Vehicle License has been issued, to a maximum of one (1) per lot. 2.4 Recreational vehicles may be used temporarily for the purpose of providing accommodation while construction of a principal residential building is undertaken, on the same lot where zoning permits. A license application must be submitted with the Application to Construct or Demolish and is subject to no charge if a building permit for a primary residence is issued. The license application shall still be subject to approval. 2.5 Recreational vehicles shall be permitted in tent and trailer parks located on lots which are zoned Recreational/Resort Commercial ("RRC") 2.6 No recreational vehicle shall be used for occupancy, sleeping, eating, living accommodation, storage or any other purpose for a period exceeding seven (7) days in a calendar year without a valid license. 2.7 Septic ("Black Water") and Wastewater must be disposed of responsibly, and in accordance with the Environmental Protection Act, R.S.O. 1990, as amended. 2.8 All recreational vehicles shall be less than 20 years old, dated from the date of manufacturing. 3. RECREATIONAL VEHICLE LICENSE APPLICATION 3.1 Recreational vehicles shall be set back a minimum of 20m from all lot lines and set back a minimum of 30m from any waterbody, watercourse, or wetland. 3.2 Recreational vehicles shall be positioned in such a way that they are not visible from any abutting lots and are not visible from any Municipally or Provincially maintained roads. 3.3 All provisions shall be considered on a case-by-case basis by the Clerk before the issuance of a license. The Clerk may decide to allow for exceptions to the setbacks or visibility standards, in consultation with the Chief Building Official if no objection has been received from adjoining landowner(s) affected by the exception. 3.4 Applicants wishing to obtain a recreational vehicle license shall apply in writing, and the application shall include: i) The name, mailing address, phone number and email of the applicant ii) The address and dimensions of the lot iii) A detailed description of the recreational vehicle iv) An explanation of provisions made for septic/black water, grey water, drinking water, garbage disposal, electricity (if applicable) and heat (if applicable) v) A site plan drawing which includes the property dimensions, position of the recreational vehicle, setbacks from all boundaries, roadways, waterbodies, watercourses and wetlands, the location of any septic or well, parking areas, the u driveway/entryway, approval from Crowe Valley Conservation Authority (if applicable) and fire pit (if applicable) 3.5 Upon receipt of the application, abutting landowners will be notified by the Township and have 20 days from the date of mailing to comment on the application before permission may be granted. If the application includes a variance to the setbacks or visibility, the details shall be listed in the letter. 3.6 It shall be the responsibility of the Clerk to approve the issuance of all recreational vehicle licenses. All appeals may be made in writing to Council, within 60 days of denial. If denied by both Council and the Clerk, the appellant shall not be entitled to apply again for one (1) year from the date of the last denial. 3.7 If a license is approved, the licensee shall pay the appropriate license fee as set out in Schedule "A". If a license is issued in any month except January, the license fee shall be prorated by the month, with any one (1) day in a month resulting in a charge of 1 /12th of the fee as set out in Schedule "A". 3.8 No license fee shall be charged for recreational vehicles assessed by MPAC under the Assessment Act 3.9 All recreational vehicle licenses shall expire on the 31st day of December in the year in which it was effective. 4. CAMPING 4.1 No person shall camp on land owned or occupied by the Township of Wollaston, except with the express written permission of Council. 4.2 No tent shall be used for the purpose of camping within the Township of Wollaston for a period in excess of seven (7) days in one calendar year unless the tent is located on lands zoned Recreational/Resort Commercial (RRC), or the lot has been issued a valid tent license. 5. TENT LICENSE APPLICATION 5.1 No tents shall be permitted on a lot within a Residential First Density (R 1) or Residential Second Density (R2) zone. 5.2 No more than four tents shall be permitted, with a valid license, on a lot with a principle residential building. 5.3 No more than two tents shall be permitted, with a valid license, on a vacant lot. 5.4 Tents shall be set back a minimum of 20m from all lot lines and set back a minimum of 30m from any waterbody, watercourse, or wetland. 5.5 Tents shall be positioned in such a way that they are not visible from any abutting lots and are not visible from any Municipally or Provincially maintained roads. 5.6 All provisions shall be considered on a case-by-case basis by the Clerk before the issuance of a license. The Clerk may decide to allow for exceptions to the setbacks or visibility standards, with the signed consent of abutting landowner(s) affected by the exception indicating they have no objection to the tent placement. 5.7 No tent larger than 10 square metres will be permitted. 5.8 Applicants wishing to obtain a tent license shall apply in writing, and the application shall include: i) The name, mailing address, phone number and email of the applicant G ii) The address and dimensions of the lot iii) An explanation of provisions made for septic/black water, grey water, drinking water, garbage disposal, electricity (if applicable) and heat (if applicable) iv) A site plan drawing which includes the property dimensions, position of the tent, setbacks from all boundaries, roadways, waterbodies, watercourses and wetlands, the location of any septic or well, parking areas, the driveway/entryway, approval from Crowe Valley Conservation Authority (if applicable) and fire pit (if applicable) 5.9 Upon receipt of the application, abutting landowners will be notified by the Township and have 20 days from the date of mailing to comment on the application before permission may be granted. If the application includes a variance to the setbacks or visibility, the details shall be listed in the letter. 5.1 O It shall be the responsibility of the Clerk to approve the issuance of all tent licenses. All appeals may be made in writing to Council, within 60 days of denial. If denied by both Council and the Clerk, the appellant shall not be entitled to apply again for one (1) year from the date of the last denial. 5.11 If a license is approved, the licensee shall pay the appropriate license fee as set out in Schedule "A". If a license is issued in any month except January, the license fee shall be prorated by the month, with any one (1) day in a month resulting in a charge of 1112th of the fee as set out in Schedule "A". 5.12 All tent licenses shall expire on the 31st day of December in the year in which it was effective. 6. RIGHT OF ENTRY 6.1 An Officer or person designated by Council shall be permitted to enter onto land at any time for the purpose of enforcing this By-Law and any orders or conditions imposed under the authority of this By-Law. 6.2 A person exercising a power of entry on behalf of the Municipality under this By­ law must, upon request, display or produce proper identification. 7. PENALTIES U 7.1 Any person who contravenes any of the provisions of this by-law is guilty of an offence and is liable to a fine as provided for in the Provincial Offences Act and/or the Administrative Monetary Penalty System (A.M.P.S.), if adopted by the Township. Each day of contravention shall constitute a separate offence. G 8. OBSTRUCTION 8.1 In accordance with the provisions of the Municipal Act S.O. 2001, c. 25, as amended, no person shall hinder, interfere with, or otherwise obstruct, either directly or indirectly, an Officer, employee of the Municipality and/or agent in the lawful exercise of a power or duty under this by-law. 8.2 Any person who has been alleged to have contravened any of the provisions of this by-law, who fails to identify himself/herself shall be deemed to have obstructed or hindered the person exercising a power or performing a duty under this by-law. 9. VALIDITY AND SEVERABILITY 9.1 Should any section, subsection, clause, paragraph, or provision of this by-law be declared by a Court of competent jurisdiction to be invalid or unenforceable, the same shall not affect the validity of the enforceability of any other provision of this by-law, or of the by-law as a whole. 10. SHORT TITLE 10.1 The short title of this by-law is the Recreational Vehicle and Tent By-Law. 11. EFFECTIVE 11.1 This by-law shall come into force and take effect immediately upon the passing thereof. 11.2 This By-Law repeals any and all by-laws that exist, pertaining to the same, that predates the effective date of this by-law. PASSED this 20th day of December 2021. SEAL Original Signed by Mayor Lynn Kruger and Clerk Bernice Crocker Schedule "A" to By-Law No.: 72-2021 (_) Licensing Fees for Recreational Vehicles and Tents Recreational Vehicle Licence Fees Waterfront Lots Trailer: Up to and including 26' in Length Trailer: Over 26' Long Tent Non-Waterfront Lots Trailer: Up to and including 26' in Length Trailer: Over 26' Long Tent $540.00 $755.00 $215.00 $430.00 $540.00 $110.00 Schedule "B" to By-Law No.: 72-2021 Set Fine Schedule for Recreational Vehicles and Tents Provision Creating Set Fine Offence or Defining Offence 1 Unauthorized use of recreational vehicle 2.3 $325.00 2 Unauthorized use of tent 5.2 - 5.3 $270.00 3 Improper disposal of septic, black water, 2.7 $500.00 or wastewater L (__j The Corporation of the Township of Wollaston Recreational Vehicle/Tent Application Form Schedule "C" to By-Law 72-2021 A I" t D t ·1 pp1can e a1 s Name of Applicant(s) I Mailing Address Phone Number I Email I Expected Dates of Occupancy I Address of Site Franta e De th Details of Recreational Vehicle if A licable Area Len th Colour Model License Plate VIN# Insurance Polic Com Provisions Septic/Blackwater Grev Water DrinkinQ Water GarbaQe Disposal Electricity, if applicable Heat, if applicable Site Plan A site plan of the property should be attached showing the following (where applicable): Property Dimensions Position of the Tent or Recreational Vehicle Setbacks from all Boundaries, Roadways, Waterbodies, Watercourses & Wetlands Location of Septic System Location of Well Parking Spaces Driveway Firepit Approved Permit from Crowe Valley Conservation Authority Acknowledgement and Confirmation 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 all applicable by-laws and legislature. Signature of Applicant Date OFFICE USE ONLY Approved on the ____ day of __________ , 202 Signature of Issuing Official ----- --