Loading...
2010-051 Regulate Trailer CampsCORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2010-051 Being a By-law of The Corporation of the Township of Oro-Medonte Respecting the Licensing, Regulating, and Governing of Trailer Camps and to Repeal By-Law No. 2003-031 WHEREAS Section 164 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that, without limiting sections 9, 10 and 11, a local municipality may prohibit or license trailers located in the municipality. AND WHEREAS Council of the Township of Oro-Medonte did, on the 16th day of April, 2003, enact By-Law No. 2003-031, being a By-law of The Corporation of the Township of Oro-Medonte Respecting the Licensing, Regulating, and Governing of Trailer Camps. AND WHEREAS Council deems it necessary to repeal and replace By-Law No. 2003-031. NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. DEFINITIONS 1.1 "Chief Building Official" means the Chief Building Official of the Township of Oro-Medonte. 1.2 "Drinking Water" means water made available for human consumption. 1.3 "Fire Chief" means the Chief Fire Official of the Township of Oro-Medonte Fire & Emergency Services Department. 1.4 "Health Unit" means an officer of the Simcoe County Muskoka District Health Unit having jurisdiction in the area in which a trailer camp is located. 1.5 "Lot" means a parcel of land within a trailer camp, which is available for the occupation of one trailer. 1.6 "Municipality" means The Corporation of the Township of Oro-Medonte. 1.7 "Municipal Law Enforcement Officer," means a person who is appointed or authorized by the Municipality to enforce the by-laws of the Municipality. 1.8 "Operator" means the owner, lessee, person, or persons designated by an owner or lessee to operate trailer camps. 1.9 "Service Building" means those buildings and structures naturally and normally incidental, subordinate and primarily devoted to the principal trailer camp use and located on the same property. Such service buildings and structures include, but are not limited to those which house sanitary, toilet, laundry and/or cooking facilities and equipment. 1.10 "Summer Season" means that period of time from and including March 15th to the 31 st day of October, in any year. 1.11 "Trailer" means any vehicle constructed to be attached and propelled by a motor vehicle and that is capable of being used by persons for living, sleeping or eating, even if the vehicle is jacked-up or its running gear is removed, and shall include self propelled recreational vehicles. 1.12 "Trailer camp" means any land on which a trailer, as defined in section 1.11, is kept. 1.13 "Winter Season" means that period of time from and including November 1St to and including the 14th day of March, in the subsequent year. -2- 2. LICENCES 2.1 No person or persons shall establish or operate a trailer camp within the boundaries of the Township of Oro-Medonte without first having obtained a licence, issued in accordance with this By-law which has not expired or been revoked and having paid the prescribed fees. 2.2 An application for a license for a trailer camp shall be made to the Clerk of the Municipality in the form prescribed by the Municipality. 2.3 (a) Every initial application shall be accompanied by a plan of the proposed trailer camp showing natural and artificial features such as: buildings; railways, roads; water courses; drainage ditches and flooded areas within or adjacent to the land to be developed; topography; location and dimensions of proposed lots; service buildings; road and pedestrian walkways; recreational and open space areas; proposed surface drainage; landscaping including lighting and fencing; drinking water supply and sewage disposal facilities; and the prescribed application fee. Provided that with subsequent license applications, no such plan is required where no changes from the plan previously submitted have been made or are proposed by the applicant or are required by the Municipality. (b) Any trailer camp in existence at the time of passage of this by-law, and which has not submitted a plan as referred to in clause 2.3(a) shall be required to do so when next making application for a license for the existing trailer camp. (c) Nothing herein shall be deemed to prevent the continued operation of any trailer camp legally established prior to the passage of this By-law and such trailer camps shall be entitled to be licensed as provided herein. Any enlargement, expansion or extension of an existing trailer camp made after the passage of the By-law, must comply with this By-law. 2.4 The licence application shall also show the location and provide a legal description of the trailer camp, and shall include such other information as may be reasonably required by the Municipality. 2.5 Every application shall be referred by the Clerk to the Municipal Law Enforcement Division, the Fire and Emergency Services Division, the Transportation and Environmental Services Division, and the Building Division. 2.6 No licence shall be issued unless and until there is recorded upon the application or attached to it: a) The report of the Municipal Law Enforcement Division showing that the trailer camp and all trailers, buildings, structures, and facilities, or the plans for the same, are in accordance with the requirements of this By-law and not contrary to any other applicable By-laws of the Municipality; b) The report of the Fire and Emergency Services Department that the trailer camp and all trailers, buildings structures and facilities, or the plans for the same, are in accordance with regulations relating to fire safety and this By-law; c) Evidence satisfactory to the Clerk of the Municipality that sewage disposal systems and water supply systems, or plans therefore, have been approved by the Transportation and Environmental Services Department, Building Division and the Ministry of the Environment. d) An annual report from the Health Unit. e) Plan of the Trailer Camp per Section 2.3 of this By-Law. -3- 2.7 As a condition to approval of an application and issuance of a license, the Municipality may require the applicant to enter into an agreement respecting the upgrading of interior roadways or parking spaces and construction of any required surface drainage facilities. 2.8 Upon negotiations of any agreement that may be required pursuant to paragraph 2.7 and upon receipt of the reports and evidence referred to in paragraph 2.6 the Clerk shall place such agreement on the agenda for meeting of the Council of the Township of Oro-Medonte. 2.9 No license may be transferred. 2.10 Licenses, issued pursuant to this By-law, shall be posted in a conspicuous place in the office or on the premises of the trailer camp at all times. 2.11 Prior to the issuance of any license, the owner of the trailer camp shall pay to the Municipality a fee as listed in Schedule "A". 2.12 A summer season licence for a trailer camp becomes effective on the 15th day of March of the year in which it is issued, and expires on the 31 st day of October, in that same year unless suspended or cancelled. 2.13 A winter season licence for a trailer camp becomes effective on the 1St day of November of the year in which it is issued, and expires on the 14th day of March next following, unless suspended or cancelled. 2.14 Winter season licences shall not be issued by the Township unless there is evidence satisfactory to the Clerk of the Township that the trailer camp is suitable for winter camping, having regard to sections 4, 5 and 6 of this By- law. 3. LOCATION AND DRAINAGE 3.1 A trailer camp shall be adequately drained and no low lying, marshy or unstable land shall be developed into lots. 3.2 Where necessary the operator shall provide surface drainage to ensure that casual or stagnant water is sufficiently far from buildings and lots to prevent a nuisance to persons accommodated in the trailer camp. 4. WATER SUPPLY 4.1 An operator shall provide an adequate supply of drinking water for the trailer camp as per Ministry of Environment regulations. 5. TOILET CONVENIENCES, PLUMBING AND SEWAGE DISPOSAL 5.1 The operator shall provide toilet conveniences for the use of the guests of the trailer camp in at least the number deemed by the Municipality and the Health Unit to be adequate for the particular trailer camp and all such toilet conveniences shall be located, constructed and maintained in accordance with the directions of and regulations administered by the Health Unit, the Ministry of the Environment and the Chief Building Official. 5.2 Service buildings providing toilet, bathing, laundry or other such facilities for use in common by guests of the trailer camp shall be located at least 15 meters from any lot boundary and shall have floors of smooth material which is impervious to water and properly graded to a floor drain. The inside walls of such building shall be of a smooth, washable material and, in the case of toilet, shower and laundry rooms, impervious to water. -4- 6. GARBAGE AND GARBAGE DISPOSAL 6.1 The operator shall collect on site garbage daily in the summer season and twice weekly in the winter season within the trailer camp and shall provide containers of a design and construction adequate for the purpose and in locations convenient to each lot. 6.2 The contents of garbage containers shall be collected twice weekly in the summer season and once weekly in the winter season and disposed of by the operator at the operator's own expense in sites approved by the Municipality. 7. GENERAL SITE REQUIREMENTS 7.1 Trailer camps shall be divided into lots and each lot shall contain a minimum area of 186 square metres and shall have a minimum frontage of at least 12 metres on an internal access road. The boundaries of all lots shall be clearly defined. 7.2 Each Trailer shall be located on each lot so that there is a side lot setback of 3 metres from the side lotline (10 feet); provided that where trailers on adjacent lots are parked end to end, the clearance between them shall be at least 3 metres. 7.3 Each lot shall front on an interior driveway which shall be at least 3 metres in width where one-way traffic only is permitted, or 6 metres in width where two-way traffic is permitted. Such driveways shall be reasonably smooth and treated to control dust adequately and must support Fire and Emergency Services Department vehicles. 7.4 There shall be at least one parking space for automobiles for each lot that shall be at least 3 metres wide and 6 metres long. 7.5 The location of every trailer shall be subject to the following minimum set- backs: a) 15 metres from any service building located within the trailer camp; b) Subject to paragraph 7.5(c), 4.5 metres from any adjoining property line; C) Where a residential building is located on land that abuts a boundary of the land on which the trailer camp is located, no lot shall be less than 30 metres from such boundary unless buffering satisfactory to the Municipality is provided and maintained by the operator. d) 15 metres from the boundary of all public roads or highways; e) 23 metres from the centre line of any watercourse, or 23 metres from an embankment, the slope of which is greater than 30 degrees from horizontal. 7.6 The maximum density of lots shall be 38 lots per net hectare. For the purpose of this provision, net hectare shall mean the land available for the location of lots excluding recreation areas, open space areas, service areas, and all land which is susceptible to flooding or is otherwise unsuitable for the establishment of lots. -5- 8. OPERATING REQUIREMENTS 8.1 Every operator shall keep a register which shall be available for inspection at all times by the Municipal Law Enforcement Officer. The register shall contain the following information: a) The name and address of each registrant; b) The make, model, licence number, and year of the motor vehicle operated by each registrant; c) The Province or State issuing such licence; d) The date of arrival and departure of each registrant. 8.2 An operator of a trailer camp shall have in attendance on a 24 hour basis during its operation at least one adult employee conversant with the operation of the trailer camp who is in charge. 8.3 An operator shall maintain all sewage disposal facilities within the trailer camp in a sanitary condition and in accordance with any directions, which may be given by the Ministry of the Environment, the Health Unit and the Municipality. 8.4 An operator shall keep all buildings, equipment, facilities and furniture in the camp in good repair and in a clean, sanitary condition. 8.5 An operator shall ensure that all service buildings are adequately heated during the season in which heat is reasonably required. 8.6 An operator shall maintain interior driveways to a standard that allows reasonable and uninterrupted access to all lots within a trailer camp during the summer season from and including March 15th to October 31 st, inclusive. An operator shall further maintain interior driveways to a standard that allows reasonable and uninterrupted access to all lots occupied during the winter season from and including November 1 st to March 14" of the subsequent year. 8.7 An operator shall ensure that no person shall deposit or discharge any solid waste or refuse of any kind in or about a trailer camp except as approved by the Health Unit and Ministry of Environment. 8.8 An operator shall ensure that no person shall deposit or discharge any liquid waste at any location other than a location approved by the Health Unit and Ministry of Environment. 8.9 An operator shall attach, in a permanent manner, a clearly visible, distinguishing number or name to each lot and service building. 8.10 An operator shall ensure that no person or persons in charge of any dog, cat or other pet animal shall permit such animal to run at large or commit any nuisance within the limits of the trailer camp. 8.11 Trailers on lots within a trailer camp which are occupied during the winter season, shall be occupied on a temporary basis and, without limiting the generality of the foregoing, during the winter season, trailers are not to be occupied by any person or persons for more than 14 days in total in any month during the winter season. 8.12 Each trailer camp shall have a sewage disposal system approved by the Ministry of the Environment. 8.13 Adequate lighting shall be provided and maintained for all service buildings. -6- 8.14 An operator shall provide such fire extinguishing equipment as is required to satisfy all by-laws and the laws of the Province of Ontario with respect thereto and shall be in force within the Municipality and the Province of Ontario from time to time and all such equipment shall be kept in good working order. 8.15 Convenience establishments of a commercial nature, except for coin operated laundry; dry cleaning establishments; and small convenience type retail grocery stores accessory to the trailer camp use and an integral part of the trailer camp are not permitted within a trailer camp. 9. ENFORCEMENT AND PENALTIES 9.1 The Municipal Law Enforcement Officer shall from time to time inspect trailer camps to ensure that they are being operated in accordance with this By-law and any plan and agreement upon which basis the licence has been issued. Where, in the Officer's opinion, a trailer camp is not being operated in accordance therewith, the Officer shall issue a notice to the operator, as the Officer deems necessary to remedy any default. The operator shall comply with said notice. Upon the operator's failure to do so, in addition to any other penalty prescribed herein, the Municipality may revoke the operator's licence. 9.2 Every person who contravenes any provision of this By-law is guilty of an offence and shall be liable to a fine in the amount to be determined pursuant to the Provincial Offences Act R.S.O. 1990, Chapter P.33, and every such fine is recoverable under the Provincial Offences Act. 10. ENACTMENT 10.1 This By-law shall come into force on the date that it is finally passed by Council and shall apply to all trailer camps operated within the Municipality as of the date passed. 10.2 By-Law No. 2003-031 is hereby repealed in its entirety. 11. GENERAL 11.1 That Schedules "A" and "B" asset out herein and attached hereto form part of this By-law. BY-LAW READ A FIRST AND SECOND TIME THIS 14th DAY OF APRIL, 2010. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 14th DAY OF APRIL, 2010. THE CORPQRATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S.fflughes C rk, J. o glas Irwin BY-LAW NO. 2010-051 SCHEDULE "A" FEES 2010 Summer Season License Fee 2011 and beyond Summer Season License Fee 2010 Winter Season License Fee $225.00 $300.00 $110.00 2011 and beyond Winter Season License Fee $150.00 By-law No. 2010-51 SCHEDULE "B" Signature of Owner/Agent TOWNSHIP OF ORO-MEDONTE APPLICATION FOR TRAILER CAMP ❑ 2010 Summer Season License Fee ($225.00) ❑ 2011 and beyond Summer Season License Fee ($300.00) This application is a: Initial Application ❑ ❑ 2010 Winter Season License Fee ($110.00) ❑ 2011 and beyond Winter Season License Fee ($150.00) Subsequent Application ❑ NAME OF TRAILER CAMP: APPLICANT: MAILING ADDRESS: POSTAL CODE: TELEPHONE NUMBER: (If more than one registered owner with different address, attach separate sheet) Legal Description of Property on which Trailer Camp is to be operated: Lot Concession Plan Trailer Camp will be operated by: ❑ same as registered owner; or Name: Address: Postal Code: Telephone: (home) (business) If owner is a Corporation: Name of all Shareholders Address % of shares OTHER INFORMATION Inspection Report from Health Unit: Received ❑ Plan of Trailer Camp Received ❑ Previously submitted ❑ Date Dated this day of Witnessed by Township Staff FOR OFFICE USE ONL Y The following approvals must be completed before the license can be issued. Municipal Law Enforcement Division Date Fire & Emergency Services Department Date Transportation & Environmental Services Division Date Building Division Date