PART 1: TITLE
1.1 This By-law may be cited as the "Mobile Home Park By-law" of the Municipality of Annapolis County.PART 2: DEFINITIONS
2.1 In this By-law the word "shall" is mandatory and not permissive. Words used in the present tense shall include the future. Words used in the singular number shall include the plural and words used in the plural number shall include the singular, unless otherwise indicated. All other words shall carry their customary meaning except those defined hereinafter.a. ACCESSORY BUILDING means a subordinate building or structure which is constructed or otherwise placed on a mobile home space and devoted exclusively as a use which is accessory to the use of the mobile home as a dwelling.
b. ACCESSORY USE means any use customarily and normally incidental to and exclusively devoted to the operation of a Mobile Home Park.
c. ADDITION means any deck, enclosed space, stairway or wheelchair ramp and any similar structure which is attached to the mobile home or otherwise added onto the mobile home space but shall exclude the foundation and skirting of the mobile home.
d. BUILDING INSPECTOR means an inspector duly appointed by resolution of Council to administer the provisions of the Building Code By-law.
e. COUNCIL OR MUNICIPALITY means the Council of the Municipality of Annapolis County.
f. DEVELOPMENT OFFICER means an officer duly appointed by resolution of Council to administer the provisions of the Mobile Home Park By-law.
g. EXISTING means existing as of the effective day of the Mobile Home Park By-law.
h. EXPANSION OF A MOBILE HOME PARK means any increase in the number of mobile home spaces within a mobile home park.
j. LICENSE means a Mobile Home Park License issued by the Development Officer as required pursuant to this By-law.
k. LAND SURVEYOR means a land surveyor who is a registered member, in good standing, of the Association of Nova Scotia Land Surveyors.
l. MOBILE HOME means a transportable, single or multiple section dwelling unit wether installed on a foundation or not.
m. MOBILE HOME PARK means an establishment comprising land or premises under single ownership designed and intended for residential use where three (3) or more mobile homes are located for dwelling purposes.
n. MOBILE HOME PARK DEVELOPMENT means the construction of a new mobile home park and any expansion of an existing mobile home park.
o. MOBILE HOME PARK OWNER means the owner of a mobile home park and can include a person, persons, company or corporation operating the mobile home park and assume responsibility for the day to day operation of the mobile home park.
p. MOBILE HOME PARK SIGN means any device which is visible from any public place and which directs attention or advertises a mobile home park.
q. MOBILE HOME SPACE means the total horizontal area of a tract of land, within a mobile home park, designed for the accommodation of one (1) mobile home.
r. MUNICIPAL ENGINEER means an engineer licensed to practise professional engineering in Nova Scotia and appointed by the Municipality.
s. PARK ROAD means any interior street within a mobile home park development that extends to or has access to a public street and is owned and maintained by the mobile home park owner.
t. PERMANENT BUILDING means any structure used or intended for supporting or sheltering any use or occupancy, owned by the Mobile Home Park Owner and devoted exclusively as an accessory use to the operation of the Mobile Home Park.
u. PROFESSIONAL ENGINEER means a member or licensee, in good standing, of the Association of Professional Engineers of Nova Scotia.
v. PUBLIC STREET means any street or highway owned and maintained by the Municipality of Annapolis County or the Nova Scotia Department of Transportation and Communications, excluding designated controlled access highways, pursuant to the Public Highways Act.
w. USEABLE LAND means an area of land within a mobile home park development for parkland, playgrounds, and open space purposes which:
(1) has a slope of 0% to 6% over at least 50% of the useable land area, and no more than 25% of the useable land area is to contain slopes of 6% to 12%, and no more than 25% of the lot is to contain slopes greater than 25%; and
(2) is not comprised of land subject to flooding or classified as wetland or lands with substantial amounts of soils classified as organic.
PART 3: GENERAL REQUIREMENTS
3.1 Nothing in this By-law shall exempt any person from complying with the requirements of the Building By-law or any other By-law in force within the Municipality or from obtaining any license, permission, permit, authority or approval required by any other By-law of the Municipality.3.2 No person shall locate, erect, build or construct any structure or building within a Mobile Home Park Development other than a mobile home or a building or structure permitted in accordance with the provisions of this By-law.
3.3 No person shall locate or relocate a mobile home within a mobile home park that has not been certified by the Canadian Standards Association prior to placement on the site as complying to the requirements of the CAN/CSA-Z240 Series "Mobile Homes" at the time of manufacture and without having first obtained a building permit from the Building Inspector issued in accordance with any relevant provisions of the Building By-law for Municipality.
3.4 Where the provisions of this By-law conflict with those of any other Municipal or Provincial requirements, the higher or more stringent regulations shall prevail.
3.5 The metric system of measurement is used throughout this By-law and in all cases is the required standard. Imperial equivalents are given only for approximate reference purposes.
PART 4: ADMINISTRATION AND LICENSES
4.1 No person shall commence a mobile home park development without first having obtained a License from the Development Officer, issued in accordance with the provisions of this By-law.4.2 A License issued under this By-law shall expire one (1) year after it is issued, if the mobile home park development for which the License was issued has not commenced, the Development Officer may renew the License for a further period of up to 12 months.
4.3 The application form for a License shall be in the form of Schedule "A" of this By-law.
4.4 If the Development Officer refuses an application for a License under this By-law, the Development Officer shall do so in writing, setting forth the reasons for refusal.
PART 5: FEE FOR LICENSE
5.1 Where an applicant applies for a License for a mobile home park development the fee payable shall be in accordance with Schedule "B" of this By-law which may be amended from time to time by recorded resolution of Council.5.2 The License fee shall be payable to the Municipality prior to the issuance of the License.
PART 6: PRELIMINARY PLAN EVALUATION
6.1 Any person proposing a mobile home park development may submit to the Development Officer eight (8) copies of a preliminary plan or sketch showing or together with the following information and documentation:a. the approximate dimensions and area of the mobile home park and of each proposed mobile home space with an indication whether the space is for a single or double-wide mobile home appropriately numbered;
b. the approximate location, dimensions and name of all existing and proposed park roads and of all abutting public streets;
c. a schematic of the proposed water distribution, sanitary sewerage, storm drainage systems and water source(s) including topographical information;
d. the approximate location and dimensions of all existing rights of way, easements, and all accesses to existing public streets;
e. the approximate location, dimensions and area of useable land for recreation purposes;
f. the appropriate location of all proposed garbage receptacles, storage facilities and recreational vehicle storage areas;
g. the approximate location of any watercourse, swamp, prominent rock formation, wooded area, area subject to flooding and any other prominent natural feature which might affect the number of mobile home spaces, the provision or layout of sanitary sewerage systems, storm sewerage systems, water distribution systems, park roads and public streets;
h. the North Point; and
j. a location plan, drawn at a scale not smaller than 1:50,000 showing the general location of the proposed mobile home park in relation to the closest community to which it is located.
PART 7: PROCEDURE FOR PRELIMINARY PLAN EVALUATION
7.1 When the Development Officer is satisfied that the preliminary mobile home park application is complete and accompanied by all information required by Part 6, the Development Officer shall, if applicable, forward a copy of the application and documentation received to:a. the Nova Scotia Department of the Environment;
b. the Nova Scotia Department of Transportation and Communications;
c. Nova Scotia Power Inc.;
d. the Municipal Engineer; and
e. any other department or agency of the Province or Municipality the Development Officer deems necessary to evaluate the design, environmental, planning and public safety aspects of the proposed mobile home park development.
7.2 The Development Officer shall advise the applicant in writing of all departments and agencies which have not responded within thirty (30) days of the date on which the preliminary plan was accepted by the Development Officer.
7.3 When the Development Officer has received the written comments of all applicable agencies pursuant to subsection
7.1, the Development Officer shall provide an evaluation and forward a copy of the evaluation and all comments received to the applicant.
PART 8: FINAL REQUIREMENTS FOR THE DEVELOPMENT OF A MOBILE HOME PARK
8.1 Any person proposing a mobile home park development shall submit to the Development Officer eight (8) copies of a plan drawn at a scale of no less than 1:500 or greater than 1:50, with the scale to be determined in consultation with the Development Officer, showing or together with the following information and documentation:a. written proof of ownership or lease to the land upon which the applicant proposes to develop or expand a mobile home park, and if not the owner, a written permission from the owner of the land to use it as a mobile home park;
b. a survey of the mobile home park boundary showing the dimensions and total area of land to be developed as a mobile home park, which shall be certified and stamped by a Land Surveyor in accordance with the Nova Scotia Land Surveyors Act and the regulations made thereunder;
c. the location, boundaries, dimensions and total area of each proposed mobile home space indicating whether it is for a single or double-wide mobile home and appropriately numbered, the recreation area, storage facilities, garbage receptacles and recreational vehicle storage area;
d. the location and dimensions of existing and proposed park roads within and adjacent to the proposed mobile home park development and the location of abutting public streets;
e. the location and dimensions of all existing rights of way, easements and accesses to all existing public streets;
f. the approximate location and use of all existing and proposed structures on the land to be developed as a mobile home park;
g. the location of any watercourse, swamp, prominent rock formation, wooded area, area subject to flooding and any other prominent natural feature which might affect the number of mobile home spaces or the provision or layout of sanitary sewerage systems, storm sewerage systems, water distribution systems, park streets and public streets;
h. a location plan, drawn at a scale not smaller than 1:50,000 showing the location of the proposed mobile home park in relation to the closest community to which it is located;
j. the date on which the plan was drawn;
k. the scale to which the plan is drawn;
l. the north point;
m. the name of the existing or proposed mobile home park; and
n. any other information deemed necessary by the Development Officer to determine whether the plan conforms to this By-law.
8.2 In addition to the requirements of subsection 8.1, the applicant shall show on the plans submitted under subsection 8.1 of this By-law, or together with these plans, the location and specifications of all existing and proposed services including water distribution, sanitary sewer, storm drainage systems and water source(s).
PART 9: PROCEDURE FOR ISSUING A MOBILE HOME PARK LICENSE
9.1 When the Development Officer is satisfied that the mobile home park development application is complete and accompanied by all information required by Part 8, the Development Officer shall, if applicable, forward a copy of the application and documentation received to:a. the Nova Scotia Department of the Environment;
b. the Nova Scotia Department of Transportation and Communications;
c. Nova Scotia Power Inc.;
d. the Municipal Engineer; and
e. any other department or agency of the Province or Municipality the Development Officer deems necessary to evaluate the design, environmental, planning and public safety aspects of the proposed mobile home park development.
9.2 The applicant shall obtain from the Nova Scotia Department of the Environment a certificate approving the design of the water distribution system and sanitary sewerage system and shall forward a copy of the certificate to the Development Officer.
9.3 The applicant shall obtain from the Nova Scotia Department of Transportation and Communications a permit to establish an access to a public street or confirm the suitability of an existing access.
9.4 Within thirty (30) days of receiving written approvals from all applicable agencies and departments to which the application has been referred, the Development Officer shall:
a. issue the License; or
b. refuse the application for a License in accordance with the requirements
of this By-law.
PART 10: SITE REQUIREMENTS
10.1 A mobile home space shall:a. have a minimum area of 371.6 sq. m. (4,000 sq. ft.) for a single-wide mobile
home (up to 4.3 m. [14.1 ft.] wide) with a minimum dimension of 13.5 m. (44.3 ft.).
b. have a minimum area of 464.5 sq. m. (5,005 sq. ft.) for a double wide mobile home (4.9 m. [16 ft. ] or more in width) with a minimum dimension of 14.02 m. ( 46 ft.).
c. provide a minimum of two (2) off-street parking space with minimum dimensions of
3 m. x 6 m. (9.8 ft. x 19.7 ft.) for each parking space.
d. have a minimum total side yards of 9.2 m. (30 ft.).
e. have a minimum side yard on the principal-facade side of the mobile home of
7.62 m. (25 ft.) and on the other side a minimum side yard of 1.58 m. (5.18 ft.).
f. have a minimum setback from a park road right-of-way of 6 m. (19.7 ft.).
10.2 Each mobile home space shall be identified with a number, which will be permanently displayed or be visible at all times from the abutting park road.
10.3 The boundary lines of each mobile home park space shall be permanently identified with stakes, markers or other permanent means of identification.
10.4 No mobile home space or permanent building shall have direct access to a public street.
10.5 Each mobile home space shall be properly drained and graded for adequate drainage to an area that will not endanger any water supply or contaminate any lake or river.
10.6 Private storage facilities, for the sole use by the mobile home park residents, shall be provided at a rate of one storage facility per ten (10) mobile home spaces.
10.7 Private storage area for recreational vehicles, appropriately fenced or otherwise secured, for the sole use by mobile home park residents, shall be provided within the mobile home park development.
10.8 Recreation areas:
a. A minimum of five percent (5%) of the total mobile home park development area shall be provided exclusively for parks, playgrounds, and open space purposes.
b. Land provided for parks, playgrounds, and open space purposes shall be useable land, maintained by the mobile home park owner and appropriately landscaped with grass or other suitable ground cover plantings.
PART 11: PARK ROADS
11.1 A park road shall intersect existing public streets to the satisfaction of the Department of Transportation and Communications.11.2 All mobile home spaces, buildings and facilities, shall have frontage on and access to a park road.
11.3 All park roads shall have a minimum right-of-way of 15.25 m (50 ft.) with the travel surface of a park road graded to a minimum width of at least 9 m (29.5 ft.).
11.4 All park road intersections shall generally be at right angles and offsets at intersections, and intersections of more than two park roads shall not be permitted.
11.5 Cul-de-sacs shall have a turning circle at the dead-end of at least 19 m (62 ft.) radius and a park road length not exceeding 107 m (351 ft.).
11.6 P-loop park roads shall have an entrance leg not exceeding 229 m (751 ft.) in length and an unimpeded emergency access not less 3 m (9.8 ft.) wide connecting to another park road or public street.
11.7 Blocks created by the internal park road system shall not exceed 366 m (1200 ft.). Blocks in excess of 183 m (600 ft.) shall have a graded, paved or gravelled pedestrian right-of-way cross walk between the two parallel park roads of not less than 3 m (9.8 ft.) in width, and be located near the centre of the block.
11.8 The park road and right-of-way system of the mobile home park development shall be designed so as to ensure smooth and orderly flow of traffic throughout the system, have suitable water drainage, and be constructed and maintained in accordance with accepted engineering practices of the Department of Transportation and Communications.
11.9 The speed limit on all park roads shall be a maximum of 25 kilometres per hour and regulation speed limit signs shall be placed at all entrances to the mobile home park.
11.10 Park roads shall be named by way of a road sign to be placed at the main entrance and at each intersection.
11.11 Park roads shall have regulation "STOP" signs located at the intersection with all other park roads and public streets.
PART 12: SIGNAGE
12.1 No advertising sign or other device shall be permitted except as follows:a. Not more than one (1) mobile home park sign which denotes the name of the mobile home park at the park entrance or exit to a public street;
b. Wall, pole, and projecting signs shall be erected at a height not less than 3 m (9.8 ft.) nor more than 7 m (22.9 ft.) above grade, with a surface area not to exceed 3 m2 (32 sq.ft.);
c. The sign, or its illuminator, shall not, by reason of its location, shape or colour, interfere with traffic or be confused with or obstruct the view or effectiveness of any official traffic sign, signal or marking and shall be located so as to direct light away from adjacent mobile home spaces;
d. Flashing signs shall not be permitted.
PART 13: RESPONSIBILITIES OF THE MOBILE HOME PARK OWNER
13.1 The mobile home park owner shall maintain the mobile home park, including all related signs, facilities and services, in good repair and in a clean and sanitary condition.13.2 The mobile home park owner shall provide for the storage of garbage and other refuse in covered storage receptacles and arrange to have all garbage and refuse removed from the mobile home park at least once each week.
13.3 The mobile home park owner shall cap all sewerage and water connections when not in use.
13.4 The mobile home park owner shall erect and maintain stop signs, speed limit signs and park road name signs in the mobile home park development in accordance with this By-law.
13.5 The mobile home park owner shall maintain all park roads in good condition and shall provide for the removal of snow from park roads within twenty-four (24) hours of the cessation of a snowfall.
PART 14: REVOCATION OF A MOBILE HOME PARK LICENSE PROCESS
14.1 The Development Officer may, where a mobile home park owner of a mobile home park development to whom a License has been issued is or appears to be, in violation of the provisions of this By-law, give Notice of Intent to revoke the License issued pursuant to this By-law.14.2 Notice of any alleged violation shall be given to the mobile home park owner, by the Development Officer at least ten days before any hearing and the notice shall specify the date of the council meeting at which the matter will be discussed and advise that the person is entitled to be heard.
14.3 Council, after hearing the Development Officer and, if he chooses to appear, the mobile home park development owner, shall either:
a. dismiss the matter;
b. order the license to be suspended until such time
as the condition complained of is remedied; or
c. order the license revoked.
14.4 A License revoked under this By-law shall, upon application, be reinstated if the circumstances leading to the revocation have been remedied and all other requirements of this By-law have been complied with.
PART 15: PENALTIES
15.1 Any person who violates any provision of this By-law is guilty of an offense and liable on summary conviction to a minimum of One Hundred Dollars ($100.00) and a maximum fine of One Thousand Dollars ($1,000.00), and in default of payment of such a fine, to a term of imprisonment not exceeding sixty (60) days.15.2 Each day that a violation continues constitutes a new offence under this By-law.
PART 16: REPEAL
16.1 The By-law relating to Mobile Homes and Mobile Home Parks for the Municipality of Annapolis County approved by the Minister of Municipal Affairs April 8, 1991, and any amendments thereto, are repealed upon the coming into effect of this By-law.THIS IS TO CERTIFY that the foregoing is a true copy of a By-law which received First Reading on July , 1995, Second Reading on August , 1995, and Third Reading on August , 1995 by the Council of the Municipality of the County of Annapolis.
GIVEN under the hands of the Warden and Municipal Clerk and under the corporate seal of the Municipality of the County of Annapolis this day of , 1995, A.D.
_______________________ ___________________________
Peter G. Terauds, Warden A. K. Robicheau, Municipal Clerk
SCHEDULE "A"
MOBILE HOME PARK LICENSE APPLICATION
Name of Applicant/Company:
Address:
Postal Code
Telephone Number: Home Business
Name of Contact Person:
Address:
Postal Code
Telephone Number: Home Business
Location of Mobile Home Park:
Attached are the materials and information required by the Mobile Home Park By-law of the Municipality of Annapolis County.
In mailing this application, the applicant confirms familiarity with the Mobile Home Park By-law.
A licensing fee required by the Mobile Home Park By-law is attached.
Signature of Applicant Dated
(Please indicate: Owner Company Officer Agent )
LICENSE NO.
Permission is this day given to
of to establish a Mobile Home Park in the Municipality of Annapolis County in accordance with the submitted plans and specifications. This license is valid unless revoked or suspended.
Date of Issue
DevelopmentOfficer
Schedule "B"
SCHEDULE OF FEES
Mobile Home Park Development
1.1 The fee payable to the Municipality of the County of Annapolis for a Mobile Home Park Development shall be $1.00 for every new mobile home space created.