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Manuals - Sewer Use Model Bylaws
Model Sewer Charges By-Law
1. In this by-law, unless the context otherwise requires, the expression:
(a) "Building" means any dwelling, house, shop, store, office or any building which would require sewerage services;
(b)"Engineer" means the Engineer for the Municipality and includes the Superintendent of Works;
(c)"Municipality" means the "__________" of "____________".
(d)"Owner" means a part owner, joint owner, tenant in common or joint tenant of the whole or any part of any land or building and includes a trustee, an executor, an administrator, a guardian, an agent, a mortgagee in possession of any other persons having the care or control of any land or building in case of the absence of disability of the person having title thereto;
(e)"Sewer" means a pipe, conduit, drain, open channel, or ditch used for the collection and transmission of wastewater, stormwater, or uncontaminated process or cooling water;
(f)"Sewerage System" means all pipes, mains, equipment, buildings and structures for collecting, pumping or treatment of wastewater and operated by the Municipality, but does not include a storm sewer;
(g)"Storm Sewer" means a sewer and all related structures designed exclusively for the collection and transmission of uncontaminated water, stormwater, drainage from land or from any watercourse or any of them;
(h)"Water Utility" means the Water Utility of the Municipality.
(i) "Year" means the fiscal year of the Municipality.
2. Every owner of land
(a)on which any building is connected to a sewerage system;
(b)that fronts on any street or highway in which a sewer is situate;
(c)that fronts on any right of way which connects to a street or highway in which a sewer is situate; or
(d)on which a building is situate that council has ordered connected to asewerage system;
(e)shall pay to the Municipality an annual "Sewer Service Charge" for the construction and maintenance of the sewerage system of the Municipality.
3.The Municipality shall annually calculate the Sewer Service Charge by dividing the total cost of the sewer system by the total number of equivalent user units within the system. Equivalent User Units are set out in Schedule "A" of this By-law.
OR
3.The Municipality shall annually calculate the Sewer Service Charge by dividing the total annual cost of the sewer system by the total annual revenues of the Water Utility from water rates, plus deemed water rates calculated pursuant to Sections 2 and 3.1, and taking that fraction of the water rates defined in Sections 2, 3.1, and 3.2.
(1)Every owner of property who is a non-user of the Water Utility, but is a user of the sewer system shall pay a Sewer Service Charge based on the average water rates charged to a similar class of user by the Water Utility;
(2)Every owner of property who is not a user of the sewer system shall pay a Sewer Service Charge calculated on the basis of _____ percent of the average water rates charged by the Water Utility to residential users, such percentage to be charged for every 300 feet or part thereof of the property which fronts on a street or highway in which a sewer line is installed.
4.
(1) Each year, the sewer service charge shall be increased over the previous years charge based on the same percentage increase as the Municipality's gross sewer operating and maintenance budget (excluding capital expenditures) in the preceding year over that budget for the prior year.
(2) The Council shall hold a public meeting or meetings in the last quarter of each year to review with the affected ratepayers the sewer rates for the forthcoming year and the operation of the sewerage system.
(3) Where a lot upon which a building has been constructed has more than two hundred feet of frontage, that lot shall be subject to an additional sewer service charge calculated as if that portion of the frontage in excess of two hundred feet were a lot upon which no building has been constructed.
(4) A lot upon which no building has been constructed which has less than the minimum frontage or area for a lot served by a sewer system, or a lot served by both sewer and water, as the case may be for the lot in question, as required by theSubdivision By-law or by an applicable land-use by-law (whichever is stricter) is exempt from the sewer service charge.
5.
(1) An owner of land that fronts on any street or highway in which a sewer is situate, or that fronts on a right of way which connects to such a street or highway, is not liable to pay the sewer service charge if the Municipal Engineer certifies that it would be impractical to connect any building on the land to the sewer.
(2) A decision of the Municipal Engineer pursuant to this Section may be appealed to the Council.
(3) This Section applies only to land upon which a building has been constructed.
6.
(1) Sewer service charges shall be levied on the owners of all properties liable to pay the same commencing in the year following the year in which a sewer has been installed or the year in which a building on the property has been connected to the sewer, whichever is the earlier.
(2) For the purposes of this by-law, a sewer has been installed when the Municipal Engineer has certified to the Council that the system or project of which the sewer forms part is substantially complete.
(3) The Clerk shall forward a notice to each person who would be liable for the payment of a sewer service charge, that a sewer has been installed.
7.
(1)The sewer service charge shall be billed quarterly.
(2)The sewer service charge shall be due and payable 60 days after billing.
(3)The sewer service charge, if not paid by due date, shall bear interest at the same rate as charged on unpaid taxes.
8.
(1) The sewer service charge is a lien on the whole of the property subject to the sewer charge in the same manner and with the same effect as rates and taxes under the Assessment Act.
(2) The sewer service charge and interest thereon may be sued for and collected in the same manner as other rates and taxes.
(3) Land is liable to be sold for unpaid sewer service charges in the same manner and with the same effect as for unpaid rates and taxes pursuant to the Assessment
Act.
9.
(1) Every person connecting to the sewer shall pay a connection charge therefor equal to the cost to the Municipality of installing the connection.
(2) For the purposes of this by-law, a sewer has been installed when the Municipal Engineer has certified to the Council that the system or project of which the sewer forms part is substantially complete.
(3) The sewer connection charge is a lien, and bears interest and may be collected in the same manner as the sewer service charge.
(4) A sewer connection charge may be paid in two or three annual instalments, with interest on the unpaid balance at the same rate as for unpaid rates and taxes, at the option of the person reliable
therefor.
(5) Nothing in this Section means that the Municipality is responsible for any part of a sewer connection that is not in a public street, highway or sewer easement.
10.
(1) Any person who subdivides land subject to a sewer service charge, shall pay a trunk sewer tax equal to $500.00 per lot creates by the subdivision.
(2) This Section does not apply to a subdivision that is a lot consolidation or that does not result in the creation of more lots than existed prior to the subdivision.
(3) The trunk sewer tax is a lien, and bears interest and may be collected in the same manner as the sewer service charge.
(4) In this Section, "subdivision" has the same meaning as in the Planning Act.
THIS IS TO CERTIFY that the foregoing By-law was duly passed at a duly called meeting of Council of the "___________" of "______________" held the ___ day of _______, A.D., 199_.
___________________________
Municipal Clerk-Treasurer
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