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BYLAW NTIMBER ]-264
BEING A BYI,AW OF THE COT'NTY OF I,ETHBRIDGE TO REGUIJATE
STORM WATER DRAINAGE WITIIIN THE COT'NTY OF IJETITBRIDGE
?IIIIEREAS pursuant Section 7
and B of the Municipal
Government AcL ,
C,yI-26 .L, Council may pass bylaws for municipal
purposes respect.ing public utilities
and. the enforcement of
Ëylãws made under thiè or any other enacLment/ to regulate.or
prohibit and prowide for the þrotection of proPerty, activities
l-tt ot near public places, nuisances and over public ut'ilities;
AND WHEREAS the flow of water to municipally operated,
owned or controlled. Lands ñâ1rr J-f unregulat'ed, be a nuisancei
AND WHEREAS regulating storm water drainage within the
County of LeLhbridge is therefore desirable;
TIIE COUNCIL OF THE COUIflIY OF LETHBRIÐGE
NOW,
ENACTS AS
THEREF'ORE.
FOLLOWS:
1
TITT,E
This Bylaw sha1l be referred Lo as Lhe "Storm ?üater Bylaw. "
PURPOSE
2
The purpose
management
I-,ethbridge.
of this bylaw is Lo regulate the use
facilities,
within subdivisíons within of sLorm water
the County of
3.
DEFINTTTONS
a)the
rrByLaw" includes this
adminj-stration pursuant bylaw and all regulatíons made bY
to the authoritY of this BYlaw;
b)
rCountyrr means the CountY of Lethbridge;
Chief Administrative Officer of
c)
rCounty Managerrr means the
the County, or his delegate;
d)
ttCouncíLrl
Lethbridge;
means the Municipal Council of the County of
e)
nowrterr! means ar'Ly person who is registered under the L,and
Títles Act as the ownêr of land, or any other person who is in
lawful possession t,hereof or who is in lawful possession or
occupancy of any buildings si-tuated thereon;
l_
f )
trPersonrr means any individual, parLnership,
and heirs, executors, administraLors, or legal
of a person;
g)
rPremíserr means any land or
thereof;
building or both, or anY Part
h)
rReleaserr means to directly or indirectly conduct matter
to a sLorm water management facílity
or waLercourse by spilling,
d.ischarging, disposing of , abandoning, depositing, leaking,
seepíng, pouring, drainj-ng, emptying, or by any ot'her means;
j-)
r¡Storm Waterrr means surface runoff water which is a result
of natural precipitation;
j )
rtstorm Water Management Facílitytt
means an impoundment and
àppurtenant structures,
connections, and controls for the
containment, det,ention, or retenLion of sLorm water;
k)
"subdivísionl
means any parcel of land within the County
t.hat has been subdivided
f or residential,
commercial,
industrial, or institutÍonaL use;
j
t )
nWatercours¡etr means :
(i)
a bed. and shore of a ríver,
stream, Lake, creek,
lagoon, swamp, marsh, oT any other natural body of water; or
(ii)
a canal, ditch, reservoir,
facility
or other manmade feaLure whether
water continuously or intermitLently.
or corporation
representatives
storm water management
it contains or conveys
4.
STORM !\IATER ÐRAINAGE
The owner of commerc j-a1, industrial,
institutional,
and
multi-family
premises other than duplexes, located in a
subdivision lfrãf f provid.e proper drainage systems for storm
water run-off from roofS, pãrk1ng areas, storage areas, paved
areas, and courtyards.
5.
STORM WATER DRATNA,GE CONNECTIONS
a)
When a connectj-on to a neh/ or existing storm waLer
management facilíty
is required, a wrítten request shalL be
submltted to the Cãunty Mánager requesting this connection,
accompanied by such pIáns and engineering reports as may be
requiied in thã County Manager's sole discretion.
2
6.
MAINTENA}TCE OF STORM WATER }fiA}TAGEMENT FACII,ITY
The ou¡ner of premíses on which a storm water management facility
is located shalt properly maintain such storm water management
f acility,
in accärd.ãnce with Lhe terms of this lVlaw. _411
mainLenãnce work shal-l be done in accordance with standard
engineering practices.
More specifically,
the owner sha11
enãure that tñe sLorm water managãment facility
1s not filled in
or obstructed in any way or a1low Lhe volume of such facility
to
be d.iminished.. ¡'urther the o!ùner shall take all possible steps
to ensure that the facility
does not overflow and mainLain a
proper waLer l-evel.
7 .
STORM WATER FACTI,ITV REGUI,ATÏONS
a)
No person shall alter the function of, remove or desLroy,
without permissj-on from Lhe County Manager, anYì
b)
The written request set
or authorized agent, and
mechanical and grading plan.
(i)
devices installed
in a storm
facility
used to control the raLe of infl-ow
to a watercourge,'
(ii)
facilitíes
or sj-te grading
specifically designed to store sLorm water;
out above shall be made bY an o\^/ner
shall be accompanied bY a sj-te
water management
or release through
on the premises
b)
No person shall hinder or prevent
carryíng ouL any of his duties or any of
c)
No person shall cause any releases to be díscharged into a
storm water management f acit ity wit,hout the prior written
consent of the County Manager.
d)
No person shall permit or cause the release of any
hazardous, harmful or deleterious substances, inLo a storm water
management facility
or watercourse.
8.
STORM V{ATER CHARGES
a)
The County wíll
in a subdivi-sion that
management facility.
levy a storm water charge on
is servíced or benefits from
the County Manager from
his powers of duLies.
every prem].se
a storm water
b)
The storm water charge will be:
(i)
compuLed according to the raLes set out in the county
Fee Bylaw as amended from time to time; and
3
(fi) levied and collecLed at the same time as the municipal
taxes on the premises.
9.
APPEAL OF STORM WATER CH.â'RGES
a)
An owner may request a review of a
has been levied by applying in wríLing,
of the date upon which the charge was
Manager to have the charge reviewed.
10.
PUBIJIC USE OF STORM WATER IÍANAGEMENT FACIT,ITIES
storm water charge that
within SIXTY (60) days
levied Lo the CountY
b)
The County Manager witl determine whether or not a sLorm
water charge was propérly Levied, and may, if is found that the
storm waLer chargé wãs nòt properly levied, refund to Lhe owner
Some or all of the storm water charge Lhat had been levied.
a)
No person shalL wade, sla/im,
any other recreational activities
with the water in a storm water
permitted by the County Manager.
b)
No person shal1
skat,e or carry our other winter
recreational activities
on storm water management facil-ities
except at locat,ions designat'ed by the Count'y Manager.
c)
No person shal-I remove waLer from a storm water management
faciliLy without the County Manager's permissíon.
11. COI'NTY "ACT ION AIiID COI,I.ECTION FOR WORK DONE
a)
Where an owner has been served with a written Order by the
County Manager to take action or measures to correct any
contrãvention of this bylaw, and fails
to comply with LhaL
Ord.er, the County employees or agen|s may perform such work
required to remedy such cóntravention and a fee will be assessed
for such work ag set out below.
boat, canoe, fish, or
which may result ín
management facilitY,
conduct
contact
unles s
b)
The fee for work done by the Count'y or
to f :- (a) shall be equal t'o the actual cosL
(108) PERCENT with a minimum fee of $300.00.
j-Ls
of
agenLs pursuant
work, plus TEN
c)
If the fee assessed for such work performed as set out
"bo.r", remains unpaid within SIXTY (60) days of the delivery of
an invoice for such work, Lhe fee will be charged agaJ-nst such
premise as an addition to the tax ro11 t'o be recovered as
þroperty Laxes in accordance with S. 553 of the Munícípal
Government Act.
4
L2.
PROSECUTION .A¡{D PENALTIES
a)
Any person who contravenes any provision of this Bylaw by
(i)
doing any act, or thing which the person is prohibited
from doing, or
(ii)
failing Lo do any act or thing the person is required
t.o do
is guilty of an offence and any offenee created pursuant to this
Bylãw j-s a strict
liability
offence for t,he purposes of
prosecutlon under this Bylaw.
b)
Any person convicLed of an offence pursuant to Subsection
(a) is liable, on a summary conviction, to a fine not exceedíng
$10,000.00, or imprisonment for a period not exceed.ing one year,
or to both fine and imprisonment.
c)
Any person who has been convicLed of an offence pursuant
to Subsection (1) above, and fails to pay t,he penalLy imposed is
liable to imprísonmenL for not less than TVüENTY (20) days,
unless the fine is paid sooner.
d)
Where an enforcement officer reasonably bel-ieves that a
person has contravened any provision
of the Bylaw, the
ãnforcement officer ffiây, in addit,íon to any other remedy at 1aw,
serve upon the person a viotation ticket, in Lhe form provided
und.er the Proviãcíal Offences Procedure Act, allowing pa)rment of
the specified penalty as províded in Schedule rr?\rr of this Bylaw
for the particular offence, and the recording of such paynenL by
the Provincial Court of Alberta shall constitute accept,ance of a
guilty plea and the imposition of a fine in the amounL of the
specified penalty.
e)
The minimum fine that may be ímposed for a contravention of
a particular secLion of the Bylaw shal1 be the specífied penalty
apþlicable for a first, offence against the particular section,
as set out in column one of Schedule rrArr .
f )
lrlhere a pergon is convj-ct,ed is a rrsecond or "third or
subseguentrr offence against a part,icular section of the Bylaw,
and" where those offences have occurred within a TWELVE (L2)
month period subsequent to the occurrence of the initial
offence
againJt that section of the Bylaw, the specified penalties
applicable to the rtsecond or third or subsequentI offences shall
be- those amounts set out in columns Lwo or three, respectívely,
of Schedule nArr .
5
13. SEVERABIT,ITY
Each provision of this Bylaw is independent of all others. If
any provision ís declared invalid for any reason by a Court of
compètent jurisd.icLion, all ot,her provisions of this Bylaw shall
remain valid and enforceable.
L4.
SCHEDUI,ES
The schedule to this By1aw forms a part of it.
15.
COMMENCEMETIT
This Bylaw shal-l come into force on the date it, is passed.
READ A FIRST TIME THTS l6th DAY OF September
,2004.
READ A SECOND TIME, AS AMENDED, THIS 7th DAY OF Ac¡oher-
2004.
READ A ÏHIRD TIME, AS AMENDED, THIS 7th DAY OF october , 2044-
/ø*)
REEVE
COUNTY MANAGER
-6