Dock, Boat Lift and Watercraft Bylaw 05-2018 (Consolidated) — full text

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RESORT VILLAGE OF CANDLE LAKE Amendments to Dock, Boat Lift 7 Watercraft Bylaw 2018-05 Bylaw No. Type Description Date Passed 2018-15 Text Section 2(e) - replaced text Section 2(o) - replaced text Section 14(g) - replaced text Feb. 8, 0219 2019-08 Text Add Schedule A "MR5 signs in Island view Subdivision" Aug. 23, 2019 All persons making use of this consolidation are reminded that it has no legal status and that the amendments have been embodied for convenience of reference only. A certified copy of the Bylaw and amendments should be consulted for all purposed of interpreting and applying the law. Including Amendments to February, 2022 OFFICE CONSOLIDATION BYLAW 05 of 2018 OF THE RESORT VILLAGE OF CANDLE LAKE IN THE PROVINCE OF SASKATCHEWAN To be known as "Dock, Boat Lift and Watercraft Bylaw'' A Bylaw of the Resort Village of Candle Lake FOR THE CONTROL, REGULATION AND USE OF DOCKS, BOAT LIFTS AND WATERCRAFT Whereas the Resort village of Candle Lake has limited beach area, and Whereas the Resort Village of Candle Lake Council recognizes that there is a need for the mooring and storage of boats, and Whereas the Resort Village of Candle Lake Council is of the opinion that marinas are healthier for the lake than docks or other mooring mechanisms, The Council of the Resort Village of Candle Lake in the Province of Saskatchewan hereby enacts as follows: 1) Interpretation - In this bylaw, the expression: a) Abandoned Dock- means a dock that exceeds the maximum distance from shore requirement set forth in his bylaw or is adrift. b) Administrator- means the person appointed as the Administrator for the Municipality pursuant to The Municipalities Act. c) Beach Area - means an area designated as a beach in Schedule A of this bylaw. d) Boat- means a watercraft other than a Personal Watercraft e) Boat Lift- means a structure that may be attached or unattached to a dock, which facilitates the removal of a watercraft from the water, and which can allow the vessel to be stored above the natural level of the water. f) Bylaw Officer - means a person appointed by Council to enforce the bylaws of the Resort Village of Candle Lake g) Community Dock- means a non-commercial dock owned and maintained by residents from the subdivision. It supports the mooring of several watercraft. h) Council - means the Council of the Resort Village of Candle Lake; i) Designated Officer - means a person appointed by the Municipality to enforce this Bylaw and shall include the Administrator and a Peace Officer or Bylaw Officer; j) Dilapidated Dock- means a dock that (i) has any structural members, roofing, decking, flotation or walkways that are not securely attached and could pose an immediate safety or navigation hazard, (ii) is submerged, (iii) is not floating upright, (iv) has decks or floors below the waterline, (v) is in a state of disrepair, or is otherwise not in compliance with this Bylaw k) Dock - means a structure used for the purpose of mooring watercraft and for providing pedestrian access to and from moored vessel(s) and can consist of a single dock, wharf or pier, including walkway and access ramp I) Encased Flotation - means expanded polystyrene fully enclosed by one of these materials: i) Treated dimensional wood, 1.5 inches thick (actual) or more (i) Nontreated dimensional wood 4 inches thick or more (ii) Treated plywood 0.5 inch thick or more (iii) Nontreated marine grade plywood 0.5 inch thick or more ii) Concrete 1 inch thick or more (i) Galvanized steel 0.065 inch or 16 gauge thick or more (ii) Liquid coatings, 30 mils thick or more, chemically or securely bonded (iii) Rigid (hard) plastics, 50 mils thick or more iii) Fiberglass and plastic resins 30 mils thick or more, chemically or securely bonded. Or those materials which may or may not enclose expanded polystyrene: (i) Devices using air chambers as flotation designed specifically for marine use iv) Plastic barrels which contain no hazardous materials or residue v) Other materials approved as safe for marine environment m) Existing Residential Dock- means a Residential Dock that, on or before the Effective Date of this bylaw, is constructed and located on or over the water surface of Candle Lake and has a current license affixed to it. n) Fixed Dock- means a rigid structure or portion of a rigid structure supported by pilings, retaining wall or other materials and associated with a permanent foundation that is either resting or embedded in the lake bottom and is designed to make relocation impracticable. This is applicable to marinas only. o) Floating Dock- means a structure or portion of a structure supported by flotation or otherwise designed to make relocation possible. p) Flotation- means material such as polystyrene, wood or other material used to support floating structures on the water surface. q) Gangway- means a walkway or structure extending from the dock to the shore that, because of its short length, does not require supports by floats or outriggers and which occupies no more than 6 square meters (64 square feet) of water surface area. r) Local Authority -shall mean the Resort Village of Candle Lake or agent of the Province of Saskatchewan. s) Marina - means a building, structure or place, containing docking facilities that are located on a waterway, where boats and boat accessories are stored, serviced, repaired or kept for sale and where facilities for the sale of marine fuels and lubricants may be provided. t) Moor - Means to make fast a vessel by attaching it by, rope to the shore, to an anchor or to a dock or other object. u) Municipality - means the Resort Village of Candle Lake. v) Owner - shall mean the assessed owner of a residential property for the purpose of taxation whom their name or names are on title or record with the municipality on the Tax Roll. w) Navigable Passage- means a dedicated space to allow the passage of Watercraft. It is defined as at least 23 meters wide with a preferred depth of 2.5 meters. x) New Residential Dock - means a Residential Dock constructed after the Effective Date of this Bylaw and replacing an existing dock that has a license affixed to it. The license shall be transferable to the new dock by the same owner. y) Peace Officer - means a peace officer as defined in The Summary Offence Procedures Act. z) Personal Watercraft - means a small jet powered pleasure craft designed to be operated by a person or persons standing sitting or kneeling on the PWC. aa) Residential Dock - means a noncommercial dock associated with a single family residence for which no compensation is/will be received by the owner(s) of the dock for its use. bb) Season - means the time period from May 1 to October 31 inclusive. cc) Shared Residential Dock - means a noncommercial dock associated with two family residences for which no compensation is/will be received by the owner(s) of the dock for its use. dd) Shoreline- means the line at which the water surface of Candle Lake intersects the land at any given time. The Shoreline will move as.the surface elevation of a lake changes. ee) Structure: means anything constructed or otherwise located on or over the water surface, extended over the water surface, or affixed to something covered by water or is located on land and is an essential part of the Residential, Shared Residential or Community Dock, such as an approved electrical system to raise and lower boats. ff) Water Surface Area: means the area including, but not limited to, the width times the length of the Dock's floating and fixed structures located on or over the water, its open and covered slips and the maximum area covered by Watercraft, including that portion of the Water Surface Area that is used by Watercraft and Boat Lifts and as a courtesy dock and all end tie areas. Gangways are not included in the Water Surface Area measurements. gg) Watercraft: means any craft, vessel or boat used or capable of being used as means of transportation on or under the water, including vessels such as houseboats and other vessels not used primarily for transportation. hh) Waterfront Property: means property that have municipal reserve frontage or frontage that adjoins the Shoreline, 2. Licensing a) Every dock or boat lift installed within the municipality, except those within a registered marina, shall have a license iss.ued by the local authority. b) Eligibility for a docl</ lift/ watercraft licensing within a subdivision shall be limited to residential property owners of that subdivision within the Resort Village, and shall not be limited to owners of waterfront property only. c) Any dock, lift or watercraft that was registered prior to the passing of this bylaw shall be deemed eligible for a license without displacement from its current location (note Section15.a), providing all requirements of this bylaw are met d) Any dock, lift or watercraft that existed in a location prior to the passing of this bylaw and was not registered with the Resort Village and supplied with an identifying decal shall be eligible to register until May 31, 2019 e) No applications for new docks will be accepted after May 31, 2019. Licenses For new boat lifts at existing licensed docks can be applied for at any time. f) A person, with a registered dock, lift or mooring facility must apply in writing to the municipality for a license prior to installing any dock or boat lift. g) The License fee, which may change from time to time, shall be the one noted on the application. h) The application shall be in a form as approved by the Municipality. i) An application must include: i) ii) , ' iii) iv) v) vi) vii) v iii) Date which the application form has been completed. Name of the applicant. Registration number Municipal address and contact telephone number(s) of the property owned or leased by the applicant. Permanent address and contact telephone number(s) of the applicant. Number of docks and/or lifts applied for. The requested location of the dock and/or boat lifts, including a detailed site plan sketch where the dock and/or boat lift are to be placed. All prescribed application and license fees. Any other reasonable information requested by a designated officer. j) No person shall install or license to be installed any dock or boat lift within the municipality without a valid license issued by the local authority. k) A person must pay the nonrefundable application fee and annual license fee provided for on the application form when applying for this license I) No license shall be issued or renewed until the fees identified in the application have been paid. m) A designated officer may cancel any fee for any dock or any boat lift when the · application is made on behalf of any agency, agent, department or ministry of any municipal, provincial or federal government. n) A license shall be valid for that season it was issued, unless otherwise stated o) A license that is not renewed by July 31 of each year will be considered as abandoned and no new license will be issued once a license is abandoned. p) No license is transferable unless for property sales purposes and no license will be issued after May 31, 2019. 3. Safety Standards a) ABANDONED DOCKS AND DILAPIDATED DOCKS No person shall own or control an Abandoned Dock or Dilapidated Dock. b) A dock is dilapidated if it has loose structural members or if the decking, roofing, flotation or walkways are not securely attached. A dock that is submerged or partially submerged, not floating upright, has decks or floors below the waterline, is in a state of disrepair or is not otherwise in compliance with the standards is dilapidated. c) There is no grace period for an abandoned dock. It must be removed immediately. 4. Flotation a) New Residential, Shared Residential or Community Docks using flotation must use Encased Flotation. If flotation is being replaced in conjunction with the replacement of the structures of the dock in its entirety, Encased Flotation must be used. b) An Existing Residential, Shared Residential or Community Dock using Flotation on the Effective Date of this Bylaw may continue to use Flotation that is not Encased Flotation until May 31, 2020. At that time, all Flotation must be Encased Flotation. c) Flotation must be kept free of vegetation. d) Plastic barrels are allowed if barrels are properly cleaned and the contents were not toxic to the environment e) Metal barrels or drums are prohibited for new or replacement flotation and must be replaced within three years of the Effective Date of this bylaw. 5. Anchoring a) A Residential, Shared Residential or Community Dock must be securely attached to the shore, taking into consideration water depth, lake level fluctuation and exposure to wind, fast moving water and wave action. b) Anchor cables for floating docks shall i. not create a hazard to navigation or block ingress or egress for Watercraft, ii. be maintained in good condition and have a minimum working load of 455 kilograms, have thimbles or other chafing protection. c.) A Residential or Shared Residential Dock shall be located within the maximum distance from the Shoreline (measured perpendicular from the Shoreline). Maximum distance from Shoreline The dock structure shall not : i) Extend further than 30 meters out from the shoreline. ii) Pose a hazard to navigation iii) Extend further than the maximum distance from the Shoreline solely to avoid having to move floating docks to accommodate varying lake levels iv) Extend further from the Shoreline than necessary to allow for boat access to docks in shallow water v) Violate any other provision related to lake access. d) Community Docks will be permitted to be located parallel to the shore and include no more than 2 gangways. The dock itself is not to exceed 55 meters (180 feet) e) Residential, Shared Residential or Community Docks shall not be constructed, located, expanded or modified in any manner that would interfere with the ability of a Marina Facility to maintain the Navigable Passage where the Navigable Passage is located entirely over property owned, leased or otherwise controlled by the Marina Facility. e.) RVCL Administrator shall have discretion to grant a variance to the provisions of this Bylaw where strict adherence to one or more of the provisions would, in the judgment of RVCL Administrator, result in a grave injustice or an unreasonable hardship to the owner(s) of a Residential, Shared Residential or Community Dock. f.) A request for variance should be made in writing prior to placement of any new Residential, Shared Residential or Community Dock or the expansion, relocation or modification of an existing Residential, Shared Residential or Community Dock. g.) A variance may be granted under these circumstances: i. There is no reasonable alternative to the requested variance that will alleviate the injustice or hardship. ii. The variance is no greater than the minimum required to alleviate the injustice or hardship. iii. The variance does not create significant adverse impacts to other Waterfront Property owners within the immediate vicinity or compromise water quality or public safety. iv. A decision by RVCL Administrator regarding a variance request shall be made within 15 working days of receipt and is final and not appealable. 6. Compliance a) The Municipality shall issue to the applicant, a permanent identification marker associated with an approved license. b) The applicant shall cause the identification marker to be firmly affixed to the dock, boat lift, and/ or water vessel to which the license has been granted. c) The identification marker shall be affixed to the dock or boat lift so that the identification marker is; i. Not less than 30 centimeters from the high water line. ii. is clearly visible from the lake shore. iii. In the case of a watercraft, it must be displayed to be visible from shoreline d) The applicant is responsible for their identification marker. e) Any applicant that is no longer in possession of their identification marker must notify the municipality in writing within 72 hours of becoming aware that they are no longer in possession of their identification marker. f) The applicant is responsible for the cost to replace their identification marker. g) The Municipality shall cause the renewal of all licenses May 31 of each year. Invoices for renewals will be sent by email by April 30 annually. h) A renewed license shall not be valid unless the renewal license fee is paid by the date in section 2. o) 7. Discontinuance a) A license becomes invalid immediately upon the selling, repossessing or seizing of the property, referred to in the license b) A person who becomes an owner of a property to which a previous license has been granted a license must notify the Municipality. c) Notification referred to in section 8) a) shall be done in writing. d) A license is not transferable except as in section 2 p). e) An application must be submitted to the local authority for any amendments to the original application. 9. Materials and Construction a) Decking must be constructed with Cedar, Aluminum or PVC. An existing dock using other material for decking may continue to use this decking until May 31, 2020. After that time the decking must be upgraded to cedar, aluminum or PVC. b) Posts and anchor must be of a material that is certified as marine friendly c) The water surface area of a Residential Dock shall not exceed 28 square meters (300 square feet). The water surface area of the moored watercraft and boat lifts at a Residential Dock shall not exceed 42 square meters (450 square feet). The water surface area of a Shared Residential Dock shall not exceed 37 square meters (400 square feet). The water surface area of the moored watercraft and boat lifts at a Shared Residential Dock shall not exceed 84 square meters (900 square feet). The water surface area of a Community Dock shall be at the discretion of the RVCL Administrator. d) Boat lifts and sea legs that are operated with hydraulics must be using certified environmentally friendly hydraulic oil. 10. Marinas a) No person shall install or operate any marina without approval from the Local Authority. 11. Granting and Revocation/suspension of licenses a) The granting of a license is hereby authorized. b) A license shall be issued when the conditions of this bylaw are met to the satisfaction of the designated officer. i. A license application that has been denied by a designated officer shall be done in writing. ii. If an applicant violates or fails to comply with the terms of the license, or contravenes any term or condition of this Bylaw, or any other Bylaw of the Municipality, a designated officer may suspend or cancel the license. iii. Any license that was found to be issued in error may be cancelled immediately by a designated officer. iv. A designated officer may reinstate a suspended license if it is satisfied that the licensee is complying with this Bylaw or Bylaws of the Municipality v) The Municipality may recover any license fee by distress in accordance with The Municipalities Act. 12 Inspections a) The inspection of property by a designated officer to determine if this Bylaw is being complied with is hereby authorized. b) No person shall obstruct a designated officer or a person who is assisting a designated officer. c) Any person stopped, detained or otherwise, pursuant to this Bylaw shall be required to give his or her name, address and any other reasonable information on request of the designated officer requesting the information so long as that person is readily identifiable as a designated officer and in the lawful execution of his or her duties and responsibilities. 13 Placement of Docks, Boat Lifts or Watercraft a) Not more than one Residential or Shared Residential Dock will be licensed per lakefront lot. Up to two boat lifts, one of which could accommodate a maximum of 2 personal watercraft will be licensed per Residential Dock. Up to four boat lifts, 2 of which could accommodate a maximum of 2 personal watercraft will be licensed per Shared Residential Dock. b) Residential and Shared Residential Docks shall be at least 5 meters from adjacent property lines. c) A designated officer may reduce the distance docks are placed from the property lines to 3 meters provided that; i) The applicant requests an exemption of the requirement and ii) The adjacent property owner for which the reduction is requested has been notified by the applicant and the Municipality; Or iii) Other geographical limitations are present. d) Docks shall be 4 meters away from any other dock. e) A designated officer may reduce the distance between Residential or Shared Residential Docks provided that there are geographical limitations present that preclude the 4 meter separation. f) For off season storage, docks and boat lifts must be placed or stored on the applicants own property. g) Notwithstanding section f), the storage of docks may be on private property, other than the applicant's property, subject to the permission of that property owner. 14, Mooring and Launching Watercraft a) No person shall moor any watercraft on any private dock without the permission of the dock owner. b) No person shall attach any watercraft to any private land, property or object unless they are the property owner, or have permission from that property owner. c) No person shall dock, moor or leave any watercraft overnight on or near any waterway unless that area has been designated by the local authority as an area to dock, moor or leave a watercraft. d) The Municipality may designate areas for the mooring, docking or placement of watercraft. e) If the Municipality designates areas for the mooring, docking or placing of watercraft, the municipality shall cause signs to be posted in those locations that the municipality considers appropriate, identifying the area or areas where mooring, docking or placing of vessels is appropriate. f) No person shall launch any motor-powered watercraft into any waters unless that area is designated as an area for launching of such watercraft. g) No person shall operate, or allow to be operated, any boat or personal watercraft within 50 meters parallel to any shoreline. 15. Enforcement of Bylaw a) For the purpose of this bylaw, any dock or boat lift that has been registered with the Village prior to this bylaw and is located on a beach area, will not be grandfathered, and must be relocated. b) For the purpose of this bylaw a beach area shall be identified as an area in Schedule "A", hereunto attached and forming part of this bylaw c) The administration and enforcement of this Bylaw is hereby delegated to a designated by-law officer for the Municipality. d) Failure to comply with this bylaw shall result in, in addition to any fine imposed, having the vessel, dock or boat lift being removed by the Municipality or an authorized representative of the Municipality, the cost of which shall be invoiced to the owner. e) The owner, or person responsible, of any vessel, dock or boat lift shall be responsible for any costs associated with actions taken by the Municipality. f) The Municipality may recover costs associated with the actions taken in the enforcement of this bylaw by i.) civil action in a court of competent jurisdiction; or ii.) adding the amounts owing to the taxes of the property owned or occupied g) No person shall obstruct or hinder any designated officer or any other person acting under the authority of this Bylaw. 16. Penalty a) Every person who contravenes any provision of this bylaw is guilty of an offence and liable on summary conviction: b) in a case of a first offence, to a violation fee not less than $250.00; c) in a case of a second or any subsequent offence, to a violation fee not less than $500.00 and not more than $10,000.00; d) and to a further violation fee of not less than $100 and not exceeding $10,000.00 for each day or portion of a day for which the offence continues. 17. Notice of Violation a) Notwithstanding section 15, a designated by-law officer may issue a notice of violation to any person committing a first or second offence under this bylaw. b) The notice of violation shall require the person to pay to the Municipality a violation fee of $250.00 for a first offence and $500.00 for a second offence. c) The amount specified in section 16 b) may be paid; i. in person, during regular office hours, at the Municipal Office, Site 20, Highway 265,Candle Lake, Saskatchewan. ii. by mail addressed to the Resort Village of Candle Lake, Box 114, Candle Lake SK. S0J 3E0 iii. If payment of the violation fee identified on the notice of violation is paid within the prescribed time, it will be accepted as a guilty plea to the offence, and that person shall not be liable to prosecution for that offence. 18.Severability iv. For the purposes of sections 16 a) and 16 b) an offence shall be deemed to be a first offence if the offender has not been convicted of the same offence, or paid a violation fee under this bylaw, within two years immediately preceding the commission of the alleged offence or violation. v. The imposition of any penalty for violation of this bylaw shall not relieve the person from complying with this bylaw. vi. No prosecution for a contravention of this bylaw may be commenced more than two years after the date of the alleged offence. If a Court of competent jurisdiction should declare any section of this bylaw to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of the bylaw and it is hereby declared that the remainder of the bylaw shall be valid and shall remain in force and effect. Coming into Force This bylaw shall come into force and take effect on final passing thereof. Introduced and read a first time this 23rd day of May, 2018. Read a second time this 23rd day of May, 2018. Read a third time and passed this 5th day of August, 2018. (SEAL) Administrator SCHEDULE "A" Beach Area Van lmpe ER1 Beach Area Clearsand - MR- In front of Clearsand Drive Sanderman - MR - In front of Entry way to Beach from Sanderman Drive Telwin - MR- In front of Walkway from Ken Crescent - MR - In front of Walkway on Shelley Street - MR- In front of Reserve at Telwin Drive Oneschassa - At the end of bulb from Oneschassa Drive North Sackett On MR @ entry from 2nd Crescent North On MR @ entry from ls Crescent North On MR@ entry from Central Crescent South On MR@ entry from 1st Crescent South On MR@ entry from 2nd Crescent South On MR @ entry from South Crescent Lakeview - Beach at the end of Sackett Ave. - In front of Public Reserve - Beach beside Boat Launch across from Red Willow Crescent - Mosher Park - Island View - Public Reserve on Perch - Public Reserve across from Northcote Place MR5 between signs in Islandview subdivision Hayes - At end of Sandy Aiken Drive - At end of Haydukewich Place - At end of Bereskin Drive - In front of Reserve end of Marina Drive Waskateena Park Holiday Acres - At end of Balsam Place - At end of Cedar Place - At end of Dogwood Place - At end of Elm place Minowukaw In front of any MRl beach access Any area with beach sand used by the public and is all or part of a public reserve