HomeMy Public PortalAboutManufactured Home Park Regulations Bylaw 1327
Town of Oliver
Manufactured Home Park Regulations
Bylaw No. 1327
Manufactured Home Park Regulations Bylaw No. 1327
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Manufactured Home Park Regulations Bylaw No. 1327
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The Town of Oliver
Manufactured Home Park Regulations Bylaw No. 1327
TABLE OF CONTENTS
Page
1.0 INTERPRETATION AND ADMINISTRATION ................................................................. 5
1.1 Title ........................................................................................................................ 5
1.2 Application ............................................................................................................ 5
1.3 Repeal .................................................................................................................... 5
1.4 Transition .............................................................................................................. 5
1.5 Definitions ............................................................................................................. 5
1.6 Interpretation......................................................................................................... 6
1.7 Prohibitions ........................................................................................................... 6
1.8 Exclusions ............................................................................................................. 7
1.9 Administration ...................................................................................................... 7
1.10 Severability ........................................................................................................... 7
2.0 APPLICATION AND PERMIT ......................................................................................... 8
2.1 Application Requirements .................................................................................... 8
2.2 Processing Procedure .......................................................................................... 9
3.0 APPLICATION FEES .................................................................................................... 12
3.1 Application Fees ................................................................................................. 12
4.0 REGULATIONS & STANDARDS .................................................................................. 13
4.1 Manufactured Home Space ................................................................................ 13
4.2 Manufactured Home ........................................................................................... 13
4.3 Skirtings .............................................................................................................. 13
4.4 Recreation Areas ................................................................................................ 14
4.5 Buffer Strip .......................................................................................................... 14
4.6 Access ................................................................................................................. 14
4.7 Roadways and Walkways ................................................................................... 15
4.8 Drainage .............................................................................................................. 15
4.9 Water Supply ....................................................................................................... 15
4.10 Sewage Treatment and Disposal Systems ........................................................ 16
4.11 Garbage Disposal ............................................................................................... 16
4.12 Fire Hydrants....................................................................................................... 17
4.13 Street Lighting .................................................................................................... 17
THE TOWN OF OLIVER
MANUFACTURED HOME PARK REGULATIONS BYLAW NO. 1327
A Bylaw to regulate manufactured home parks
under Section 63(e) of the Community Charter
WHEREAS the Local Government Act enables regulations that apply to the construction and
layout of manufactured home parks and the provision of facilities therein;
NOW THEREFORE the Council of the Town of Oliver in open meeting assembled HEREBY
ENACTS AS FOLLOWS:
Manufactured Home Park Regulations Bylaw No. 1327
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1.0 INTERPRETATION AND ADMINISTRATION
____________________________________________________________________________ ______________
1.1 Title
This bylaw may be cited for all purposes as the “Town of Oliver Manufactured Home
Park Regulations Bylaw No. 1327”.
1.2 Application
This bylaw shall apply to those lands within the boundaries of the Town of Oliver.
1.3 Repeal
“Village of Oliver Mobile Home Parks Bylaw No. 335, 1977” is repealed.
1.4 Transition
.1 The processing of any application made prior to the date of adoption of this bylaw
shall be continued and dealt with by the Board in accordance with the provisions of
this bylaw.
1.5 Definitions
In this bylaw:
“Council” means the municipal council of the Town of Oliver;
“Development Services” means the Town of Oliver’s Department of Development
Services;
“FCL” means flood construction level;
“Inspector” means the MUNICIPAL MANAGER or authorised designate appointed to
administer this Bylaw;
“Manufactured Home” means a building built in an enclosed factory environment in
one or more sections, intended to be occupied as a dwelling unity in a place other than
of its manufacture and conforming to the CSA Z240 or CSA A277 certified standard. The
term "manufactured home" does not include a "recreational vehicle";
“Manufactured Home Park” means any parcel of land, upon which three or more
manufactured homes or single detached dwellings are located on individual
manufactured home sites that are occupied exclusively for residential purposes on a
rental basis. Includes all buildings and structures used or intended to be used as part of
such manufactured home park or manufactured home strata development;
“Manufactured Home Park Permit” means a permit issued by the MUNICIPAL
MANAGER allowing the construction or expansion of a manufactured home park in
accordance with approved plans.
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“Manufactured Home Park Space” means an area of land for the installation of one
manufactured home with permissible additions and situated within a manufactured home
park.
“Medical Health Officer” means the Medical Health Officer appointed under the Health
Act;
“Municipal Manager” means the person appointed by the Town Council as Municipal
Manager and any person who, from time to time, is the deputy Municipal Manager or is
appointed by the Town Council to act in the capacity of the Municipal Manager in the
Municipal Manager's absence;
“Owner” means the registered owner9s) listed on the State of Title of the subject
property; or a person authorised in writing as the owner’s agent;
“Permit Application” means an application for a Manufactured Home Park Permit;
“Secretary” means the Deputy Corporate Officer, or equivalent, of the Town of Oliver,
or his or her deputy; and
“Skirting” means detachable panels fitted between the ground surface and the base of
the manufactured home to enclose the pad;
“Tenant” means the person(s) who inhabits a manufactured home in the manufactured
home park. The tenant may be the owner of the manufactured home;
“Zoning Bylaw” means a Zoning Bylaw or Land Use Bylaw adopted by the Town of
Oliver.
1.6 Interpretation
A reference in this bylaw to any enactment of British Columbia is a reference to the
enactment as amended, revised, consolidated or replaced from time to time, and a
reference to any bylaw of the Town of Oliver is a reference to the bylaw as amended,
revised, consolidated or replaced from time to time.
1.7 Prohibitions
.1 No person shall:
a) locate, establish, construct, alter, extend, expand, subdivide, or operate a
Manufactured Home Park; or
b) cause or allow a Manufactured Home to be parked or to remain in a
Manufactured Home Park
in contravention of this Bylaw.
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1.8 Exclusions
.1 No persons shall be compelled to upgrade existing Manufactured Home Parks to the
standards of this Bylaw but any upgrading shall not lessen the compliance with this
Bylaw and expansion shall meet Bylaw provisions.
.2 Existing Manufactured Homes that do not meet Canadian Standards Association's
Standard Z-240 standards/specifications shall be permitted to relocate or move into
any Manufactured Home Park only if brought up to Z-240 standards with respect to
electrical service and if the gas and heating systems are in accordance with Section
3.7 of this Bylaw.
1.9 Administration
.1 The Municipal Manager, Town of Oliver Building Inspector(s), and such other
officers, employees or agents designated from time to time by the Town Council to
act in the place of the Manager and Inspectors, subject to applicable enactments,
are authorized at all reasonable times to enter on any property that is subject to
regulation under this Bylaw, to ascertain whether the regulations, prohibitions or
requirements under this Bylaw are being observed.
.2 A person shall not prevent or obstruct, or attempt to prevent or obstruct, a person,
an officer or an employee authorised under section 1.9.1 from entering property to
ascertain whether regulations, prohibitions or requirements of this Bylaw are being
met or observed.
.3 Each person who violates any of the provisions of this Bylaw commits an offence
and is liable on summary conviction to a fine not exceeding $10,000.00 and the
costs of prosecution.
.4 Each day’s continuance of an offence under this bylaw constitutes a new and
distinct offence.
.5 If any section, subsection, sentence, clause or phrase of this Bylaw is, for any
reason, held to be invalid by decision of any court of competent jurisdiction, the
invalid portion must be severed and the decision that it is invalid will not affect the
validity of the remaining portions of this Bylaw.
1.10 Severability
If any section, subsection, sentence, clause or phrase of this bylaw is held to be invalid
by a court of competent jurisdiction, that section, subsection, sentence, clause or
phrase, as the case may be, shall be severed and the validity of the remaining portions
of the bylaw shall not be affected.
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2.0 APPLICATION AND PERMIT
____________________________________________________________________________ ______________
This information is meant as a general guide only and is not regarded as the right to
development approval if the steps indicated are followed.
2.1 Application Requirements
.1 Authorisation
(a) An application for a Manufactured Home Park Permit shall be made to the
Municipal Manager in writing and on the appropriate form, and shall be:
(i) made by the owner(s) of the subject property or by a person authorized by
all property owner(s);
(ii) if a numbered company holds the property, a corporate search shall
accompany the application illustrating the company directors. The
signatory on the application form shall be a company director;
(iii) made on the appropriate form designated by the Municipal Manager; and
(iv) accompanied by the appropriate application fee outlined in Section 3.0.
.2 Proposal Summary
(a) An outline of the development proposed, including demonstration of substantial
compliance with the current zoning bylaw.
.3 State of Title Certificate
(a) a copy of the Land Title Office search print, issued not more than thirty (30)
days prior to the application date for any parcel of land subject to the
application; and
(b) a copy of all non-financial charges (i.e. covenants, easements and rights-of-
way, etc.) registered on the subject property(s).
.4 Site Plan
(a) a site plan of the proposed development drawn to scale and showing
dimensions, and include the following (as applicable):
(i) north arrow and scale;
(ii) dimensions and boundaries of property lines, rights-of-way, covenant
areas and other easements;
(iii) location and dimensions of existing and proposed structures and setbacks
(including projections and overhangs) to parcel lines, rights-of-way, and
easements;
(iv) location of existing and proposed access roads, driveways, vehicle
parking spaces, pathways, screening and fencing;
(v) natural and finished grades of site, at buildings & retaining walls (indicate
source of grade data);
(vi) location of any physical or topographical constraints (e.g., watercourses,
shorelines, ravines, wetlands, steep slopes, bedrock outcrops, etc.);
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(vii) location of all existing and proposed water lines, wells, septic fields, and
sanitary sewer and storm drain facilities, including sizes; and
(viii) proposed covenant areas (if any).
.5 Development Plans (drawn to scale, in metric)
(a) detailed drawings of the proposed development, including building sections,
elevations, finishes, floor plans, landscaping, access roads, driveways, vehicle
parking spaces, pathways, and screening and fencing proposed for the site;
(b) a project summary sheet outlining density and number of dwelling units, site
coverage, heights, setbacks, and other relevant data; and
(c) location and width of existing or proposed access(es) to the property,
driveways, manoeuvring aisles and parking layout.
.6 Site Surveys
(a) if a proposed development involves a variance to the siting or building envelope
of an existing structure a current sketch plan, certified by a BC Land Surveyor,
in metric, shall be required.
2.2 Processing Procedure
A Manufactured Home Park Permit application submitted in accordance with this bylaw
will be processed as follows:
.1 Upon receipt of an application accompanied by the required fees and attachments,
staff will open a file and issue a fee receipt to the applicant.
.2 Staff will review the application to determine whether it is complete and, if
incomplete, will request the required information from the applicant.
.3 Staff will evaluate the proposal for compliance with relevant Town of Oliver bylaws
and policies. Staff may conduct a site visit to view the property as part of the
evaluation process.
.4 Staff will refer the application to all applicable Town of Oliver departments,
government ministries and agencies for comment.
.5 The referral agencies’ comments will then be incorporated into a staff report to the
Municipal Manager.
.6 The staff report and draft Manufactured Home Park Permit will be provided to the
Municipal Manager for review.
.7 Where the Municipal Manager has delegated authority by the Town Council to
approve a Manufactured Home Park Permit, and all relevant conditions have been
satisfied (e.g. a letter of credit has been submitted for security), the Municipal
Manager will endorse the Manufactured Home Park Permit subject to a period of
“reconsideration” as outlined under the Town of Oliver’s Delegation of Council
Authority Bylaw No. 1324, as amended.
.8 Once the “reconsideration” period has lapsed or a waiver has been received, the
permit becomes effective and a Notice of Permit will be signed and sealed by the
Municipal Manager and registered against the title of the property(s) at the Land
Title Office.
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.9 In those cases where a Manufactured Home Park Permit application approval has
not been delegated, or includes a variance request, public notification may be
required and the decision on the issuance of the Manufactured Home Park Permit is
made by Town Council. A decision by the Town Council is considered final.
.10 Staff shall administer any further conditions of the Manufactured Home Park Permit
as specified within each individual permit as required. Staff may conduct
inspections, on an as-required basis, to ensure that the terms of the Manufactured
Home Park Permit are being satisfied.
2.3 Form of Permits
.1 The Municipal Manager may designate the form of permits.
2.4 Form of Application Forms
.1 The Municipal Manager may designate the form of application forms and in so doing
may prescribe different forms for different categories of applications based on the
nature or complexity of the application.
2.5 Change of Ownership
.1 If there is a change of ownership of a parcel of land that is the subject of an
Amendment Application or a Permit Application, the Town of Oliver will require an
updated title certificate and written authorisation from the new owner prior to
proceeding further with the application.
2.6 Lapse of Application
.1 If staff determines that an application is incomplete, the applicant will be requested
to provide the required information. If an applicant does not provide the required
information within three (3) months of the request, the application and fee will be
returned.
.2 In the event that an application made pursuant to this bylaw is one (1) year old or
older and has been inactive for a period of six (6) months the application will be
deemed to be abandoned and will be closed.
.3 Upon written request by the applicant prior to the lapse of the application, the Town
Council may extend the deadline for a period of six (6) months by passing a
resolution to that affect.
.4 If applicable, a refund will be paid to the applicant in accordance with Section 3.0 of
this bylaw for proposals that have been deemed to have lapsed.
.5 In order for an application that has lapsed under sub-sections 2.6.1 or 2.6.2 to
proceed, a new application (including fee), will be required.
2.7 Renewal
.1 A Manufactured Home Park Permit which has expired before construction begins
may be renewed for a period of 6 months from the date of expiry provided a request
for renewal is made in writing within 30 days of the expiry date, and a renewal fee is
paid in accordance with Section 3.0. A permit may only be renewed one time.
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2.8 Notice of Decision
.1 Written notice of a decision shall be mailed or otherwise delivered to an applicant at
the address provided on the application form within thirty (30) days immediately
following the date of the decision.
2.9 Performance Security
.1 Security required by permits shall be in the form of cash or an irrevocable letter of
credit, effective for the term of the permit. Such irrevocable letter of credit shall be
clean and unconditional, automatically renewing and redeemable at a local bank.
.2 The amount of security may be calculated using:
(a) such methodologies as the Municipal Manager may prescribe from time to
time; or
(b) an estimate or quote provided at an applicant’s expense by a professional
qualified to undertake or supervise the works for which the securities are
required.
.3 Where security is a condition of a permit,
(a) in the case of a condition in a permit respecting landscaping, the amount shall
be 115% of the cost of the landscaping works, payable before the permit will
be issued;
(b) in the case of an unsafe condition that might result from a contravention of a
permit condition, the amount of security shall reflect the nature of the permit
condition, the nature of the unsafe condition, and the cost to the Town of
Oliver of entering on the land, undertaking work to correct the unsafe
condition, including the cost of repairing any damage to land and
improvements that may have been caused by the unsafe condition or that may
have occurred in connection with the repair work; and
(c) in the case of damage to the natural environment that might result from a
contravention of a permit condition, the amount shall reflect the nature of the
permit condition, the nature of the damage, and the cost to the Town of Oliver
of entering on the land, correcting the damage to the environment, and
restoring or enhancing the natural environment to compensate for the damage
that has been caused by the contravention of the permit condition.
.4 In accordance with Section 925(4) of the Local Government Act, the amount of
security required under Sections 3.7.3(b) or (c) shall be determined by the
Municipal Manager using the following guidelines:
(a) the amount of security may be calculated using such methodologies as the
Municipal Manager may prescribe from time to time; or
(b) an estimate or quote provided at the applicant’s expense by a professional
qualified to undertake or supervise the works for which the securities are
required. An estimate or quote under subsection (b) may be obtained by the
applicant and submitted with the application.
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3.0 APPLICATION FEES
____________________________________________________________________________ ______________
3.1 Application Fees
.1 Each application submitted for a permit to expand an existing manufactured home
park, to establish a new manufactured home park, or to reconsider a previously
rejected application shall be accompanied by an application fee of two hundred and
fifty dollars ($250.00) and twenty-five dollars ($25.00) for each proposed
manufactured home space.
.2 Each application for renewal of an expired Manufactured Home Park Permit shall be
accompanied by an application fee of one hundred dollars ($100.00) for each
manufactured home space.
.3 Where a manufactured home park is developed in phases, each phase shall be
treated as a new and separate application for the purpose of calculating the fees
payable.
.4 If an application is incomplete or withdrawn prior to formal assessment by staff, 80%
of the application fee shall be refunded.
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4.0 REGULATIONS & STANDARDS
____________________________________________________________________________ ______________
4.1 Manufactured Home Space
.1 Each manufactured home space shall be clearly marked off by permanent, flush
stakes, markers or other suitable means.
.2 All manufactured home spaces shall:
a) be drained to a storm sewer or other system constructed in accordance with
accepted engineering practice and meet any applicable building code
requirements;
b) be clearly numbered;
c) have a clearly discernible manufactured home pad constructed in accordance
with the BC Building Code.
4.2 Manufactured Home
.1 All manufactured homes shall meet or exceed the Canadian Standards Association
Standard Z240, Z241 or A277, as the case may be.
.2 All connections to services shall be in accordance with the BC Building Code and
the BC Plumbing Code.
.3 In manufactured homes located in a manufactured home park:
a) the installation and maintenance of all oil burners and oil-burning equipment and
appliances using inflammable liquids as fuel;
b) the storage and disposal of inflammable liquids and oils; and
c) the installation, maintenance, carriage, and use of compressed gas systems;
shall be in accordance with the regulations of the Fire Services Act or the Gas Act,
as the case may be.
.4 No manufactured home shall be located elsewhere in a manufactured home park
than in a manufactured home area on a manufactured home space that has been
approved by the Building Inspector.
.5 Notwithstanding subsection 4, no more than one unoccupied manufactured home
for every 10 manufactured home spaces in a park may be located in a designated
storage area.
4.3 Skirtings
.1 Skirtings shall be installed within 60 days of installation of a manufactured home on
a manufactured home space, and shall have two easily removable access panels of
a minimum width of 1.2 metres. One panel shall provide direct access to the area
enclosed by the skirting for inspection or servicing the service connections to the
manufactured home, and the other providing access to the area enclosed by the
skirting for storage.
.2 Spaces shall be ventilated, as required pursuant to the BC Building Code.
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4.4 Recreation Areas
.1 Not less than 5% of the gross site area of the manufactured home park shall be
devoted to tenants’ recreational uses, and shall be provided in a convenient and
accessible location. For the purpose of calculating recreational space requirements,
any indoor recreational space provided shall be counted as double its actual area.
.2 The recreation areas shall not include yard areas, parking areas, ancillary buildings,
mobile home spaces, driveways and storage areas.
.3 In manufactured home parks where more than 1,000 metres² of recreation space is
required, two or more recreational areas may be provided.
.4 Recreation areas in the manufactured home park, except indoor recreation facilities,
shall be of a grass, concrete or asphaltic surface and shall be properly landscaped.
.5 Swimming pools, if provided, shall be in accordance with the BC Building Code and
shall be separated from the remainder of the manufactured home park by a fence
not less than 1.5 metres in height and shall comply with all zone setbacks.
4.5 Buffer Strip
.1 Every manufactured home park shall have immediately within all its boundaries, a
buffer of a minimum of 4.5 metres in width within which the following are not
permitted:
a) required recreation or amenity areas;
b) buildings or structures, except permitted signs and fences;
c) garbage disposal areas;
d) private sewage disposal system, other than the underground part of the system;
e) vehicle parking area(s).
.2 Except where a hazard has been identified by a suitably qualified individual (e.g.
arborist), no plant material may be removed nor may any substance of which land is
composed be deposited or removed from a buffer area except as part of an
approved landscaping plan.
.3 The only roads permitted in a buffer area are those which cross it as close to right
angles as practical and connect directly with the road system contained within the
remainder of the manufactured home park. No road shall traverse a buffer area and
give direct access from a public highway to a manufactured home park.
4.6 Access
.1 A second access from a public highway, excluding Okanagan Highway 97,
separated by at least 60.0 metres from the first access, shall be provided to each
manufactured home park containing 50 or more manufactured home spaces, up to a
maximum of 3 accesses.
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4.7 Roadways and Walkways
1. All manufactured home spaces, owner's residential plot, storage areas, and service
buildings as well as other facilities where access is required shall have access by
internal street systems.
2. Minimum roadway width requirements shall be as follows:
a) Roads shall have a minimum paved width of 7.0 metres and a right-of-way of
15.0 metres;
b) One-way roads shall not exceed 150.0 metres in length;
c) Dead-end cul-de-sacs shall not exceed 150.0 metres in length; and
d) Dead-end roads and cul-de-sacs shall have a turning circle right-of-way at the
dead-end with a radius of at least 15.0 metres.
3. Roads shall be adapted to the topography, and shall have suitable gradient for
safety of traffic that shall not exceed a grade of 12%.
4. Minimum speed for road design shall be 30 km/h.
5. Pedestrian walkways shall provide safe, convenient, all season pedestrian access.
They shall be of adequate width for intended use and shall be durable and
convenient to maintain.
6. Pedestrian walkways shall be located in areas where pedestrian traffic is
concentrated; e.g., the park entrance, park office, and other important facilities.
Pedestrian walkways should preferably be through interior areas removed from the
vicinity of streets.
7. Alignment and gradient of walkways shall be appropriate for safety, convenience,
and appearance, and shall be suitable for use both by pedestrians and for the
circulation of small wheeled vehicles such as baby carriages, service carts and
wheelchairs.
8. Width of pedestrian walkways shall generally be at least 2.0 metres.
9. Individual walkways shall provide access to each manufactured home space from a
street or parking space connected to the street.
4.8 Drainage
.1 All manufactured home parks shall be provided with a storm water drainage system
installed according to a design by an appropriately registered professional to contain
runoff on site, or discharge it to a storm runoff system in accordance with relevant
provincial guidelines.
4.9 Water Supply
.1 The owner of the manufactured home park shall supply the Town of Oliver with
proof of adequate water quantity and quality, as specified by Town of Oliver water
standards and by the Ministry of Health requirements.
.2 The community water distribution system design must be prepared under the
direction of a design professional who has the appropriate experience and is
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registered with the Association of Professional Engineers and Geoscientists of
British Columbia.
.3 Waterworks systems shall be designed, fabricated and installed in accordance with
good engineering practice and to the water standards as set by the Town of Oliver.
.4 Potable water shall be distributed to:
a) each manufactured home space; and
b) standpipes or hydrants, if required.
.5 The design and installation of the waterworks system shall be approved by the Town
of Oliver.
4.10 Sewage Treatment and Disposal Systems
.1 The owner of a manufactured home park shall provide for the disposal of all
wastewater effluent that is generated within the manufactured home park by
providing a community sewage system connected to all plumbing fixtures and
sewage laterals in the manufactured home park.
.2 The community sewer collection system design must be prepared under the
direction of a design professional who has the appropriate experience and is
registered with the Association of Professional Engineers and Geoscientists of
British Columbia.
.3 This community sewage system shall be designed, fabricated and installed in
accordance with good engineering practice and to the sewer standards as set by the
Town of Oliver. The design and installation of a private sewage system shall be
subject to the approval of the Town of Oliver and the applicable provincial agency.
.4 In each manufactured home space a lateral sewer terminus shall be gas-tight,
protected from mechanical damage and protected from storm water infiltration.
.5 For the purpose of determining pipe sizes, each manufactured home space shall be
considered as having a hydraulic load according to requirements of the BC
Plumbing Code.
4.11 Garbage Disposal
.1 The owner of a manufactured home park shall dispose or arrange for disposal of
garbage or refuse.
.2 If the owner of a manufactured home park establishes one or more garbage
disposal areas within the park for the collection of garbage and refuse, he shall:
a) provide fly-tight metal containers in ample number;
b) maintain the containers so that they shall not become foul-smelling, unsightly,
or a breeding place for flies;
c) screen the depot with shrubs, trees or fencing from adjacent manufactured
home spaces.
.3 If garbage is to be disposed of on the site, the methods and locations shall be in
accordance with the Pollution Control Act.
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4.12 Fire Hydrants
.1 Fire hydrants meeting the requirements of the Town of Oliver shall be installed and
connected to the internal water supply of a manufactured home park such that no
manufactured home space is beyond 120.0 metres from a fire hydrant, as measured
along the internal and/or external roadway system.
4.13 Street Lighting
.1 Street lighting shall be installed and maintained to adequately illuminate the traveled
portion of the roadway at the following locations:
a) the intersection of access roads and public highways;
b) all internal intersections;
c) the turning circle of cul-de-sacs;
d) any point at which an internal roadway changes direction 30° or more; and
e) pedestrian walkway entrances.
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READ A FIRST, SECOND AND THIRD TIME on the 10th day of December, 2012.
ADOPTED this 28th day of January, 2013.
Mayor
Corporate Officer
SUMMARY OF AMENDMENTS
____________________________________________________________________________ ______________
Manufactured Home Park Bylaw No. 1327, 2012
Page 19 of 19
Bylaw No. Adopted Amendment Purpose