Part II - Enacted First Nations Legislation

Decision Information

Decision Content

Zagime Anishinabek

Recreational Vehicle Park and Campground Bylaw 2023

Bylaw No. 2023-01

The Chief and Council of the Zagime Anishinabek, at a duly convened meeting, ENACTS AS FOLLOWS:

1.1

1.2

PART 1- ADMINISTRATION AND INTERPRETATION

TITLE This Bylaw may be cited for all purposes as the Zagime Anishinabek "RECREATIONAL VEHICLE PARK AND CAMPGROUND BYLAW 2023 NO. 2023-01."

APPLICATION

1.2.1 This bylaw is developed under and administered under the authorities of subsections 81(1) b), (f), (g), (h), (q) of the Indian Act, Zagime Anishinabek Laws and regulations and any other applicable legislation ancillary to the purpose of this bylaw.

1,2,2 The provisions of this Bylaw apply to any recreational vehicle park or campground constructed or established after the adoption of this Bylaw and to any additional construction on an existing recreational vehicle park or campground.

1.2.3 Where the construction or layout of an existing recreational vehicle park or campground does not conform to the provisions of this Bylaw no person shall carry out additional construction or make an alteration to the layout of the recreational park or campground which would extend the nonconformity.

1.3

ADMINISTRATION 1.3.1 The Development Officer and such other person appointed by the Council shall administer this Bylaw.

1.3.2 Persons appointed under Subsection 1.3.1., may enter on any property at any reasonable time for the purpose of administering or enforcing this Bylaw.

1.3.3 Where disparity exists between a metric measurement and its imperial equivalent the metric measurement shall take precedence.

1.4

VIOLATION 1.4.1 It shall be unlawful for any person to cause, suffer or permit the establishment, extension, or operation of a recreation vehicle park or campground in

1.5

1.6

1. 7

1.4.2

contravention of this Bylaw or otherwise to contravene or fail to comply with this Bylaw.

It shall be unlawful for any person to prevent or obstruct any official appointed under Subsection 1.3.1. from carrying out his or her duties under this Bylaw.

PENALTY 1.5.1 Any person who contravenes any provision of this bylaw or who suffers or permits any act or thing to be done in contravention of this bylaw, or who refuses, or omits or neglects to fulfill, observe, carry out or perform any duty or obligation imposed by this bylaw shall be liable on summary conviction to a fine not exceeding One Thousand Dollars ($1,000.00).

1.5.2

Each day during which such violation is continued shall be deemed to constitute a new and separate offense.

SEVERABILITY If any section, subsection, sentence or phrase of this Bylaw is for any reason held to be invalid by the decision of any Court of competent jurisdiction, the Court's determination concerning that portion shall not affect the validity of the remaining portions of this Bylaw.

DEFINITIONS In this Bylaw, the following words, terms, phrases or expressions shall have the respective meaning hereinafter assigned to them:

a) "APPROVAL" means approval in writing. b) "ACCESS ROADWAY" means a roadway which provides access to a recreational vehicle park or campground and serves as access to all other internal roadways.

c) "ACCESSORY BUILDING" means a building, a use of which is subordinate to that of a principal building, or use situated on the same lot.

d) "ACCESSORY STORAGE AREA" means an area identified within a recreational vehicle park for the purpose of storing recreational vehicles, motor vehicles, boats, car dollies, utility trailers, fishing huts and the like.

e) "AMENITY AREA" means common space and meeting facilities provided outdoors or in a building for use by all occupants of the site for cultural, social, and/or recreational activities, but does not include open space designated for a required setback.

f) "BUILDING" means a structure which projects above the ground, and which is used or intended to be used for the support, enclosure, and/or shelter of persons, animals, or property.

g) "CAMPING SPACE" means the area of a campground intended for the occupation of recreational vehicles or tents but does not include roadways, amenity areas, and accessory use areas.

h) "CAMPGROUND" means a site intended for the temporary accommodation of travelers for vacation or recreational purposes in recreational vehicles or tents which are not occupied as principal residences, and excludes a mobile home or recreational vehicle park, but may include an accessory laundry facility, washroom and shower facility, convenience store, office and recreational facilities, provided such uses are limited to the occupants of the resort area.

i) "CHIEF AND COUNCIL" means the Council of Zagime Anishinabek. j) "COMMUNITY SEWER SYSTEM" means the system of sewage disposal which is owned or operated and maintained by the Zagime Anishinabek.

k) "COMMUNITY WATER SYSTEM" means the system of waterworks which is owned, operated and maintained by the Zagime Anishinabek.

I)

"DEVELOMENTAL CONTROLS BYLAW" (Bylaw No. 2020-03) means the Zagime Anishinabek Development Controls Bylaw 2020, No. 2020-03.

m) "PUBLIC ROADWAY" includes a public street, path, walkway, trail, lane, bridge, road, thoroughfare and any other public way.

n) "DEVELOPMENT OFFICER" means the Development Officer or such other person appointed by the Council to administer this bylaw.

o) "ENVIRONMENTAL HEALTH OFFICER" means the Environmental Health Officer appointed under the Canada Health Act for the territorial jurisdiction of the area in which a campground or recreational vehicle park is located.

p) "LAUNDRY UNIT" means at least one clothes washing machine and clothes dryer in working order.

q) "OPERATOR" means an operator, agent, lessor, or manager of a recreational vehicle park or campground, or any person who operates a recreational vehicle park or campground.

r) "PARK MODEL TRAILER" means a recreational unit that conforms to the CAN/CSA Z-241 series of standards for park model trailers at the time of manufacture, with a width greater than 2. 6 metres (8.53 feet) in transit mode and a maximum gross floor area of 50 square metres (538.2 square feet) when in the setup mode.

s) "RECREATIONAL VEHICLE" means any camper, travel trailer, fifth wheel or motor home with a maximum width of 2.6 metres (8.53 feet) in transit mode which can be used to provide sleeping accommodations, and which is capable of being licensed for highway use.

t) "RECREATIONAL VEHICLE PARK" means a site intended for the accommodation of persons in recreational vehicles or park model trailers, and excludes a mobile home park or a campground, but may include an accessory laundry facility, washroom and shower facility, convenience store, office, storage area, and recreational facility, provided such uses are limited to the occupants of the resort area.

u) "RECREATIONAL VEHICLE SPACE" means the area of a recreational vehicle park intended for the occupation of recreational vehicles, but does not include roadways, amenity areas, required setbacks and accessory use areas.

v) "PRIVATE ROADWAY" means a private road within a recreational vehicle park or campground suitable for vehicular access to recreational vehicle spaces, camping spaces, and other facilities.

w) "SERVICE BUILDING" means a building that houses the washrooms, bathing facilities, laundry facilities, or such other sanitation facilities as are required by these regulations.

x) "SETBACK" means the required minimum horizontal distance measured between a building or a use and each of the respective lot lines.

y) "SEWAGE DISPOSAL STATION" means a place where recreation vehicle sewage storage tanks may be emptied and flushed.

z) "SITE" means the area of land or surface of water consisting of one or more lots used as a unit devoted to a certain use or occupied by a building or structure or group of buildings or structures united by a common interest, use or development.

2.1

aa) "STRUCTURE" means anything constructed, placed or erected on land. bb) "WATERCOURSE" means any drainage course or source of water, whether usually containing water or not, and includes any lake, river, creek, spring, wetland, or source of ground water and includes portions that may be contained within a conduit or culvert.

PART 2 - RECREATIONAL VEHICLE PARK AND CAMPGROUND APPROVAL AND PERMIT PERMIT REQUIRED 2.1.1. No person shall establish, construct, or alter a recreational vehicle park or campground unless plans and specifications have been approved by Zagime Anishinabek.

2.1.2. Nothing in this bylaw shall relieve the Operator of a recreational vehicle park or campground from the responsibility to seek out and comply with applicable regulations and bylaws.

2.2

APPLICATION, APPROVAL .AND PERMIT 2.2.1. All applicants for final approval of plans and specifications for a recreational vehicle park or campground shall be made in writing to the Development Officer and shall contain:

2.2.1.1.

2.2.1.2. 2.2.1.3.

2.2.1.4.

2.2.1.5.

The name and address of the applicant, and the name and address of the registered Operator(s) of the site.

The intended use of the land. A general description of the location of the land and the full legal description of the land on which the proposed recreational vehicle park or campground is to be established, constructed, altered or extended.

Two (2) copies of the storm sewer· design calculations and a plan outlining all areas included in the drainage calculations.

Two (2) copies of the sanitary sewer design calculations and a plan outlining all areas included in the calculations.

2.2.1.6.

Two (2) full sets of working drawings to scale, sealed by a Professional Engineer showing:

(a) (b)

(c)

(d)

(e)

(f)

(g)

(h)

(i) (j)

(k)

The area, dimensions, and legal description of the site. The dimensions and location of all required building setbacks.

The number, location, dimensions, and designation of all recreation vehicle spaces or camping spaces, and location and dimensions of all roadways, parking areas, accessory residential use, and common amenity areas.

The dimensions and locations of all accessory buildings and other structures.

The internal layouts of all accessory service buildings and other structures, apart from the accessory residential use.

Plan and profile drawings for sanitary sewers, showing details of the on-site sanitary sewer system and connection to the Zagime Anishinabek owned system.

Plan and profile drawings for roads and drainage showing details of the on-site works and connection to the Zagime Anishinabek owned roads and drainage system.

The location and details of all on-site garbage and refuse disposal areas.

A north arrow and notation of the scales used on all plans. A comprehensive landscaping plan for the site, indicating type(s) of planting material(s), size of planting material(s), and the proposed location(s) of planting material(s), or existing natural landscape buffer areas.

All watercourses adjacent to the proposed recreational vehicle park or campground and their leave strip boundaries as defined in Zagime Anishinabek Development Controls Bylaw 2020, No. 2020-03.

2.2.1.7

(I)

(m)

(n)

All land within the proposed recreational vehicle park or campground on which the natural slope exceeds a 20 percent gradient.

The location of all proposed recreational vehicle space or camping space fire pits.

Plan and profile drawings for watermains, showing details of the on-site watermains, fire protection system, standpipes, and connection and metering to the community water system.

The Development Officer may require the applicant to provide additional information deemed necessary as follows:

(a) (b) (c)

(d)

Topographic survey where the terrain is steep or irregular. Spot elevations. A professional engineer's report on: (i) The effect on soil stability of disturbing natural grade or natural vegetation by developing, using or occupying the land;

(ii)

(iii)

Ground water levels and conditions for as much of the year as is considered necessary;

The depth and extent of flooding and the likely frequency of it occurring.

Profiles of every new roadway shown on the plan and such topographical details as may indicate any engineering problems to be dealt with in the construction and maintenance of roadways shown on the plan.

2.2.2. Approval and Permit 2.2.2.1. No person shall establish, construct, extend, alter or operate a recreational vehicle park or campground, until approval of detailed plans and specifications is received, and a building permit is issued by the Development Officer.

2.2.2.2.

2.2.2.3.

Approval under Subsection 2.2.2.1. shall not be given until a sanitary sewer system, storm sewer system, water system, roadway system and garbage disposal method have been approved by the Development Officer.

If the issuance of a building permit is refused, the Development Officer shall notify the applicant in writing of the reason(s) for the refusal.

PAR.T 3 - RECREATIONAL VEHICLE PARK AND CAMPGROUND DESIGN AND LAYOUT STANDARDS

3.1

3.2

SIGNS Each recreational vehicle or camping space shall be clearly identified by a numbered sign or similar designation.

ACCESS ANO ROADWAYS 3.2.1. The internal road system located within the boundaries of a recreational vehicle park or campground shall provide access to a public street. In the case of a recreational vehicle park having in excess of one hundred (100) recreational vehicle spaces, the internal road system should provide access to a public street at not less than two (2) points unless, in the opinion of the Development Officer, two access roads are not required.

3.2.1.1.

Where access to a highway is gated, egress from a recreational vehicle park or campground by its occupants at any time shall be ensured by the Operator.

3.2.2. All recreational vehicle and camping spaces, storage areas, amenity areas, principal buildings, accessory buildings and all other facilities shall have access by an internal roadway only.

3.2.3. Roadways in a recreational vehicle park shall be constructed as follows: 3.2.3.1. All two-lane roadways shall have a minimum paved or graveled width of 10.0 metres (32.81 feet) and a roadway width of 9.84 metres (32.28 feet) where storm drainage is accommodated in an underground piped storm sewer system, or alternative drainage

4.1

3.2.3.2.

3.2.3.3.

3.2.3.4.

3.2.3.5.

3.2.3.6.

form acceptable to the Development Officer, the roadway width may be reduced to 8.0 metres (26.25 feet).

All other roadways shall have a minimum paved or graveled width of 3.66 metres (12 feet) and roadway width of 7.5 metres (24.6 feet) where storm drainage is accommodated in open ditches. If storm drainage is accommodated in an underground piped storm sewer system, or alternative drainage form acceptable to the Development Officer, the roadway width may be reduced to 5.66 metres (18.57 feet).

Dead end roadways shall have a hammerhead turnaround or cul­ de-sac with a turning circle minimum radius of 12 metres (39.37 feet) and shall not exceed 90 metres (295.28 feet) in length.

Roadways shall be adapted to the topography and shall have a maximum gradient of twelve percent (12%) on access roadways and fifteen percent (15%) on all other roadways.

All roadways shall be well drained and maintained by Zagime Anishinabek.

Internal roadway intersections shall be at right angles. Off-sets at intersections and intersections or more than two roadways at one point shall not be permitted.

PART 4 - SERVICING STANDARDS WATER SUPPLY 4.1.1. The Operator of a recreational vehicle park or a campground containing 25 or less recreational vehicle or camping spaces may provide potable water by means of a private water distribution system subject to approval by the Environmental Health Officer.

4.1.2. The water distribution system shall be designed a Professional Engineer and constructed in accordance with the Zagime Anishinabek Development Controls Bylaw's current Engineering Standards and Specifications.

4.1.3. Where a recreational vehicle park or campground is connected to the Zagime Anishinabek water system, potable water shall be distributed to:

4.1.3.1. 4.1.3.2. 4.1.3.3.

Service Buildings; Accessory use buildings; Standpipes and hydrants.

4.1.4. No recreational vehicle or camping space without an individual water connection shall be located more than 61 metres (200 feet} from a water standpipe.

4.1.5. All water outlets shall be provided with a suitable receptable for adequate drainage and shall be provided with an adequate backflow preventor or anti­ siphonage device.

4.1.6. A recreational vehicle space in a recreational vehicle park may be serviced by an individual water connection.

4.1.7. A camping space in a campground shall not be serviced by an individual water connection.

4.2

4.3

FIRE PROTECTION Where a recreational vehicle park or campground is connected to the Zagime Anishinabek water system, fire hydrants meeting the requirements of the Development Controls Bylaw shall be installed and connected to the internal water supply such that no recreational vehicle or camping space is beyond 90 metres (295.28 feet} from a fire hydrant, as measured along the internal and/or external roadway system.

SEWAGE DISPOSAL 4.3.1. The Operator of a recreational vehicle park or campground shall provide for the disposal of all wastewater and all human excretion generated within the recreational vehicle park or campground by causing all sewage and wastewater to be discharged into a Zagime Anishinabek sewer system.

4.3.1.1.

Notwithstanding Subsection 4.3.1., the Operator of a recreational vehicle park or campground containing 25 or less recreational vehicle or camping spaces may provide for the disposal of all wastewaters and all human excretion generated within the recreational vehicle park or campground by causing all sewage and wastewater to be discharged into a Zagime Anishinabek sewage disposal system subject to approval by the Environmental Health Officer.

4.3.2. The on-site sewage collection system shall be designed by a Professional Engineer in accordance with the Zagime Anishinabek Development Controls Standards and Specifications.

4.3.3. A recreational vehicle space in a recreational vehicle park may be serviced by an individual sewer connection.

4.3.3.1.

4.3.3.2.

The sewer connection shall be provided with a suitable fitting so that a watertight connection can be made between the trailer drain and the sewer connection.

The connection shall be so constructed that it can be closed when not linked to a recreational vehicle to prevent escape of odours.

4.3.4. A camping space in a campground shall not be serviced by an individual sewer connection.

4.4

SEWAGE-DISPOSAL STATION 4.4.1. The Operator of a recreational vehicle park or campground shall provide a sewage­ disposal station conveniently located off a roadway and with adequate access and egress for recreation vehicles up to 11 metres (36 feet) in length where a recreational vehicle park or campground contains recreational vehicle or camping spaces intended for recreational vehicle use without direct connection to a private sewage disposal or Zagime Anishinabek sewer system.

4.4.2. The Operator of a recreational vehicle park or campground shall prohibit the discharge of sewage or liquid wastes onto the ground by any user of the campground or recreational vehicle park.

4.5

STORM SEWER 4.5.1. The Operator of a recreational vehicle park shall provide for the disposal of all storm water by a storm sewer system designed by a Professional Engineer. The storm sewer system shall allow for drainage of:

4.5.1.1. 4.5.1.2. 4.5.1.3.

Each recreational vehicle space; Accessory use buildings; Amenity areas.

4.5.2. The Operator of a campground shall provide for the disposal of stormwater in accordance with good engineering practice.

4.6.

SERVICE BUILDINGS 4.6.1. Where a recreational vehicle park or campground is connected to the Zagime Anishinabek water system and the Zagime Anishinabek sewer system, the recreational vehicle park or campground shall contain at least one service building equipped with facilities as required in this section.

4.6.2. Service buildings shall:

4.6.2.1.

4.6.2 .2 .

4.6.2.3.

4.6.2.4.

Be located not less than 4.5 metres (14.76 feet) and not more than 150 metres (492 feet) from any recreational vehicle space or camping space not serviced with a sewer and water connection.

Be of permanent construction and adequately illuminated for use at night.

Have walls, floors, and partitions that can be easily cleaned.

Have all rooms well ventilated, with all openings effectively screened.

4.6.3. Service facilities shall include:

4.6.3 .1 .

4.6.3.2.

Laundry facilities in the ratio of one (1) laundry unit for every thirty (30) recreational vehicle spaces or camping spaces and shall be in a separate room of a service building or in a separate building; and

The minimum number of required toilets, urinals, washbasins and showers shall be provided as set out in the following table:

Number of camping spaces/RV spaces without direct sewer and water connection

1 - 30 31 - 45 46 - 60 61 - 80 81 - 100

Toilets M F a e I m e a I

1 2 2 3 3

I

I

e

1 2 3

4 4

Urinals Washbasins M M F a a e

I e

0 1 2

2 2

I e

0 3 3

4 4

m a I

e

0 3 3

4 4

I

I

Showers M F

a I

e

0 1 2

2 3

e m

a I

e

0 1 2

2 3

P a g e 12 I 15

4.7.

4.6.3.3.

For recreational vehicle parks having more than 100 recreational vehicle spaces without direct sewer and water connections, or a campground having more than 100 camping spaces, there shall be provided one (1) additional toilet and washbasin per male and female for each additional 30 recreational vehicle or camping spaces; one (1) additional shower per male and female for each additional 40 recreational vehicle or camping spaces; and one (1) additional men's urinal for each additional 100 recreational vehicle or camping spaces.

STREET LIGHTING 4.7 . 1. Within a recreational vehicle park, street lighting shall be provided and designed by a professional engineer in accordance with good engineering practice to ensure the safety of vehicular and pedestrian traffic and so arranged as to reflect light away from recreational vehicle spaces.

4.7.2. Street lighting shall be installed and maintained to adequately illuminate the traveled portion of the roadway at the intersection of access roadways and highways.

4.8.

GARBAGE 4.8.1. The Operator of a recreational vehicle park or campground shall: 4.8.1.1. Provide within 30 metres (98.43 feet) of each recreational vehicle space or camping space a container that is durable, fly-tight, water­ tight, rodent and bear proof for the disposal of all garbage.

4.8.1.2.

4.8.1.3.

4.8.1.4.

Maintain the containers so that they shall not become foul smelling, unsightly, unsafe, or a breeding place for insects and rodents.

Provide for the collection and disposal of all garbage and refuse at least one time per week. All such material shall be collected and transported to an approved disposal site.

Provide three (3) containers for recycling. One (1) container for containers that have a deposit when you purchase them. The second container is for other materials that can be recycled but no

5.1.

5.2

deposit has been paid on them. The third container is for other cardboard and paper.

PART 5 - SUPERVISION

The Operator of a recreational vehicle park or campground shall maintain the recreational vehicle park or campground in a clean, safe, and sanitary condition.

SEVERABILITY

5.2.1

If any section, subsection, sentence, clause, phrase or other portion of this Bylaw is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, the Court's determination concerning that portion shall not affect the valid ity of the remaining portions of this Bylaw.

5.3

5.6

EFFECTIVE DATE OF BYLAW 5.3.1 This bylaw shall come into force and take effect on May 9, 2023. ADOPTION 5.6.1 The Council of Zagime Anishinabek have, at a duly convened meeting, held a third and final reading on the 9 th day of May, 2023.

�:gwais ctCID.J Councillor Dana Acoose

Councillor Rachel Sangwais

Councillor Ruth Whitehat

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.