Sewer Utility Bylaw - Consolidated

Colwood, British Columbia

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Colwood Sewer Utility Bylaw No. 1500, 2011 (With amendments to September 9, 2025) Consolidated for convenience only: All persons making use of this consolidation are advised that the amendments have been consolidated for convenience only, and that the original bylaws should be consulted for all purposes of interpretation and application of the bylaw. Includes Amendments: Bylaw No. 1508 Adopted May 13, 2013 Bylaw No. 1536 Adopted May 12, 2014 Bylaw No. 1572 Adopted May 11, 2015 Bylaw No. 1620 Adopted May 9, 2016 Bylaw No. 1675 Adopted May 8, 2017 Bylaw No. 1722 Adopted May 14, 2018 Bylaw No.1762 Adopted May 13, 2019 Bylaw No.1881 Adopted May 10, 2021 Bylaw No.1938 Adopted May 9, 2022 Bylaw No. 2032 Adopted May 13, 2024 Bylaw No. 2072 Adopted May 13, 2025 Bylaw No. 2076 Adopted August 25, 2025 Colwood Sewer Utility Bylaw No. 1500, 2011- Consolidated Page 2 Table of Contents 1. DEFINITIONS .......................................................................................................................................................... 4 2. RESPONSIBILITIES AND OBLIGATIONS ................................................................................................................... 6 3. PERMITS ................................................................................................................................................................ 8 4. TECHNICAL REQUIREMENTS................................................................................................................................ 11 5. FEES ..................................................................................................................................................................... 11 6. GENERAL.............................................................................................................................................................. 13 SCHEDULE A - SEWER CONNECTION FEES ....................................................................................................................... 15 SCHEDULE B - ENHANCEMENT FEES ................................................................................................................................ 16 SCHEDULE C - SEWER DISCONNECTION FEES .................................................................................................................. 17 SCHEDULE D ..................................................................................................................................................................... 18 SCHEDULE E - MAPS ......................................................................................................................................................... 19 Colwood Sewer Utility Bylaw No. 1500, 2011- Consolidated Page 3 BYLAW NO. 1500 A BYLAW TO REGULATE THE CITY SEWER SERVICE WHEREAS pursuant to section 8(2)(a) of the Community Charter, the City is authorized, by bylaw, to regulate, prohibit and impose requirements in relation to municipal services; and WHEREAS pursuant to section 194 of the Community Charter, the City is authorized, by bylaw, to impose a fee payable in respect of all or part of a service of the City, including the municipal sewer service; and WHEREAS pursuant to section 15 of the Community Charter, the City may, in regulating under that Act, provide for a system of permits; and WHEREAS Council wishes to regulate, prohibit and impose requirements, including connection requirements, permit requirements, and fees, in relation to the operation and use of the City's sewer service; and WHEREAS the City has constructed sewer works capable of servicing the parcels shown on Schedule E, and the Schedule E properties have already contributed toward the capital cost of those existing sewer works; and WHEREAS the City wishes to allow properties in addition to those shown on Schedule E to use the City's existing sewer works, for which enhancements to the existing sewer works are required; and WHEREAS the City wishes to charge and collect fees to recover the capital costs of sewer enhancement works that are required to accommodate development on properties other than those shown on Schedule E and to pay other costs related to the expansion of the sewer system; and WHEREAS the City has prepared statements respecting Council's reasons for adopting this Bylaw and how fees payable under this Bylaw were determined, as required by sections 8(9) and 194(4) of the Community Charter, and The Municipal Council of the City of Colwood, in open meeting assembled, hereby enacts as follows: Colwood Sewer Utility Bylaw No. 1500, 2011- Consolidated Page 4 1. DEFINITIONS 1.1. In this Bylaw: "APARTMENT" means a building with five or more dwelling units, where the majority of the dwelling units do not have direct access to the ground outside of the building; "APPLICANT" means an owner or his authorized agent making application for sewer services; "BUILDING BYLAW" means Building Bylaw No. 977 or any successor bylaw; "BUILDING CODE" means the British Columbia Building Code adopted under the British Columbia Building Code Regulation, and the Water Conservation Plumbing Regulation. "CHIEF BUILDING INSPECTOR" means the person performing that function under the Building Bylaw and includes any person appointed by the Chief Building Inspector or the City to carry out that function on the behalf of the Chief Building Inspector; "CITY ENGINEER" means the company, person or persons appointed from time to time by the Council to act in that capacity and any employee of the City authorized to act on behalf of the City Engineer; "COMMERCIAL" means a class of development that is not residential, industrial, or institutional development; "CONTAMINANT" means any substance, whether gaseous, liquid or solid, whether dissolved or suspended, or any wastewater quality parameter that, when present above a certain concentration in wastewater: a) injures or is capable of injuring the health or safety of a person; b) injures or is capable of injuring property or any life form; c) interferes or is capable of interfering with the proper operation of a sewer or sewage facility; d) causes or is capable of causing material physical discomfort to a person; or e) damages or is capable of damaging the environment; "CRD" means the Capital Regional District; "CRD NORTHWEST TRUNK" means the portion of the trunk sewer constructed by the CRD that is located within the boundaries of the City; "CRD SEWER USE BYLAW" means the CRD Sewer Use Bylaw No. 5, 2001 or any successor bylaw; "CROSS CONNECTION" refers to any physical connection or arrangement which would allow the movement of sewage, contaminants or other fluids between any sanitary sewage system and any stormwater disposal system; "DWELLING UNIT" has the same meaning as in the Land Use Bylaw. For clarity, a building may contain a permitted secondary suite but the suite itself is not a "dwelling unit' for the purposes of this bylaw; "FLOORING AREA" means the total area of all floors in a building or structure measured to the outside surface of the exterior walls, but excluding areas provided for parking of motor vehicles; "HOTEL ROOM" means a room or set of interconnected rooms, which include sleeping and sanitation facilities, in a building used as a hotel, motel, time share, or similar development, but does not include any common or public areas, such as a lobby or restaurant; "INDUSTRIAL" means a lot used or intended to be used for industrial uses as provided for in the Land Use Bylaw; Colwood Sewer Utility Bylaw No. 1500, 2011- Consolidated Page 5 "INFLOW AND INFILTRATION" refers to any ground water or surface water that does not enter a private service pipe through a device installed for that purpose and approved under a plumbing permit, and includes any leakage into the private service pipe from the ground or any illegally connected downspouts or catch basins; "INSPECTION CHAMBER" means a vertical pipe used to provide access to a sewer pipe for maintenance and visual inspection, usually installed at the property boundary adjoining a highway or statutory right of way in which a sanitary sewer main is installed, and delineating the division between the private service pipe and the sewer connection works; "INSTITUTIONAL" means a building or structure used or intended to be used for non-profit cultural, recreational, social, library, school, government, hospital or educational purposes; "LAND USE BYLAW" means the City of Colwood Land Use Bylaw No. 151 or successor bylaw; "MOBILE HOME" includes a mobile home pad, a lot created through subdivision, or any other construction, area or site provided for the placement of a mobile home; "OWNER" means any person, firm or corporation that owns property, and includes an authorized agent of the owner; "PERMIT" means an authorization in writing by the City Engineer to perform work regulated by this bylaw, and includes sewer connection permits, and sewer disconnection permits; "PRIVATE SERVICE PIPE" means a pipe and any works, including pump stations, that connect a building or private property to the sewer system, from the existing or proposed building on private property, to the location of the inspection chamber, "RESIDENTIAL" means a class of development that includes single family dwellings, two-four family dwellings, townhouses, apartments, mobile home sites, and includes hotel rooms; "SECONDARY SUITE" means a permitted secondary suite as defined in the Land Use Bylaw; "SEWER CONNECTION PERMIT" means a permit required or issued under this Bylaw to allow a building or parcel to be connected to and use the sewer system; "SEWER CONNECTION WORKS" means a pipe and other works connecting a private service pipe to the sewer system, and includes related appurtenances such as the inspection chamber, "SEWER DISCONNECTION PERMIT" means a permit required or issued under this Bylaw to allow a building or parcel to be disconnected from the sewer system; "SEWER SERVICE AREA" means the area of the City within the boundaries of a sewer local area service, including the area of the Colwood Corners Specified Sewer Area; "SEWER SYSTEM" means any sewer mains installed in City streets, in provincial arterial highways and in City rights of way, including sewer connection works, associated lift stations and pumping stations, but does not include any private service pipe, pump, tank or related facilities on private property, or any works on public property that are private in nature or do not ultimately connect to the CRD Northwest Trunk or to a City sewage treatment facility; "SINGLE FAMILY DWELLING" means a building containing only one dwelling unit, or one dwelling unit and a permitted secondary suite; "SOIL DEPOSIT BYLAW" means the City of Colwood Soil Deposit Regulation Bylaw No. 642 or successor bylaw; Colwood Sewer Utility Bylaw No. 1500, 2011- Consolidated Page 6 "SUBDIVISION AND DEVELOPMENT SERVICING BYLAW" means the City of Colwood Subdivision and Development of Land Bylaw No. 285 or successor bylaw; "TOWNHOUSE" means a building with five or more dwelling units, that is not an apartment; "TWO FAMILY DWELLING" means a building containing two dwelling units; "TWO-FOUR FAMILY DWELLING" means a building with at least two but no more than four dwelling units. 2. RESPONSIBILITIES AND OBLIGATIONS 2.1. General Prohibitions 2.1.1. No property may connect or maintain a connection to the sewer service unless it is within the boundaries of the City's sewer service area. 2.1.2. No person shall connect a parcel or building to the sewer system unless the City Engineer has issued a sewer connection permit in relation to that parcel or building. 2.1.3. No person shall complete the connection of a private service pipe to any sewer connection works or to the sewer system without the approval in writing of the Chief Building Inspector. 2.1.4. No person shall increase: 2.1.4.1. the number of dwelling units in a residential development, or 2.1.4.2. the floor area of a commercial, industrial or institutional building. that is connected to the sewer system, unless the City Engineer has issued a sewer connection permit authorizing a change. 2.1.5. No person may construct sewer connection works, unless specifically authorized in writing by the City Engineer. 2.1.6. No person shall deviate from the plans and specifications forming a part of a permit issued under this bylaw, or omit or fail to complete, work required by such plans and specifications, without first having obtained in writing a modification to the permit approved by the City Engineer. 2.1.7. No person shall disconnect or permit to be disconnected a parcel or building from the sewer system unless the City Engineer has issued a sewer disconnection permit in relation to that parcel or building. 2.1.8. No person shall demolish a building connected to the sewer system until the City Engineer has issued a sewer disconnection permit. 2.1.9. No person shall connect a property to the sewer system with new sewer connection works, where existing sewer connection works will not remain in service, until the City Engineer has issued a sewer disconnection permit in respect of the sewer connection works that will be disconnected. 2.1.10. No person may tamper or interfere with any part of the sewer system. 2.1.11. No person, except as authorized in writing City Engineer, may install or repair or alter any sewer connection works or other part of the sewer system. Colwood Sewer Utility Bylaw No. 1500, 2011- Consolidated Page 7 2.1.12. No person shall discharge, deposit or cause, allow or permit to be discharged or deposited into any part of the sewer system or into any structure or fixture leading to the sewer system any contaminant. 2.1.13. Without limiting the above, no person shall discharge or cause to be discharged into the sewer system any substance in contravention of the CRD Sewer Use Bylaw. 2.1.14. No person shall use any private service pipe for any purpose other than conveying sanitary sewage from the property on which the private service pipe is installed, to the sewer system. 2.1.15. No person shall connect a private service pipe, sewer connection works or sewer mains to any downspout, gutter, roof drain or other drain conveying surface water, rainwater, or groundwater, or allow any such water to enter the sewer system. 2.1.16. No person shall allow a private service pipe on their property to leak. 2.1.17. No person shall allow cross connections, inflow or infiltration on their property. 2.1.18. No person may obstruct access to the inspection chamber. 2.1.19. No person shall prevent or obstruct or attempt to prevent or obstruct entry of a bylaw enforcement officer, member of the RCMP, the City Engineer, the Chief Building Inspector, or any other City employee authorized to enter upon property pursuant to the Community Charter, to inspect property and determine whether this bylaw is being complied with. 2.2. Obligations of the Owner 2.2.1. Every owner shall obtain all required permits and approvals, and pay all fees and provide all deposits under this bylaw and the Building Bylaw, prior to the connection or disconnection of a parcel to or from the sewer system. 2.2.2. The owner of any property that is connected to the sewer system shall be responsible for the costs and maintenance of all private service pipes, even where those works extend to City property or a City right of way. 2.2.3. The City or its agents shall not be responsible for the construction or maintenance of any sewerage works on private property, including the private service pipe. 2.2.4. Every owner shall maintain the private service pipe in proper order and free from leakage. 2.2.5. Where an inspection chamber is located within the property which the private service pipe serves, the owner of that property shall provide access to the inspection chamber for the City and its agents as required for service, inspection or maintenance. 2.2.6. Where a property is connected to the sewer system, all plumbing fixtures on the property must be connected to the private sewer pipe, with the exception of any fixture which carries or captures rainwater or ground water. 2.2.7. Where a household pump station is required for an existing residential building, the owner of the property on which the pump station is to be installed shall be responsible for the installation, maintenance, repair and operation of the pump station. All household pump stations shall be installed in accordance with the Building Bylaw. 2.2.8. Every owner is responsible for the cost of repair of any damage to public property or works resulting from work carried out pursuant to a permit issued under the authority of this bylaw, and every applicant for a permit under this bylaw shall provide to the City security for such repairs in the amounts set out in Appendix A of the Building Bylaw. Colwood Sewer Utility Bylaw No. 1500, 2011- Consolidated Page 8 2.2.9. Nothing in this bylaw entitles a person whose property is within a sewer service area to connect to the sewer system where a sewer main is not available immediately adjacent to the property, and nothing in this bylaw requires the City in such a circumstance to extend the sewer main to the boundary of that property. 2.2.10. The granting of a permit, the review of the drawings and specifications or field reviews made by the City Engineer shall not in any way relieve the owner of a building from full responsibility for carrying out the work or having it carried out in accordance with all relevant enactments, including this bylaw, the Building Bylaw, the Building Code, and the Subdivision and Development Servicing Bylaw. 3. PERMITS 3.1. Sewer Connections 3.1.1. The owner of any property within the boundaries of the City's sewer service area may apply for a sewer connection permit to connect to the sewer system. 3.1.2. Every person wishing to increase: 3.1.2.1. the number of dwelling units, hotel rooms, or mobile homes in a residential development, or 3.1.2.2. the floor area of a commercial, industrial or institutional building, that is connected to the sewer system, must apply for a sewer connection permit in relation to that increase. 3.2. Sewer Disconnections 3.2.1. Every person who disconnects a parcel or private service pipe from the sewer system, or who demolishes a building connected to the sewer system must apply for and obtain a sewer disconnection permit from the City Engineer. 3.2.2. The City Engineer shall issue a sewer disconnection permit where the applicant: 3.2.2.1. pays the required disconnection fees under Schedule C or 3.2.2.2. pays the temporary disconnection fee stated in Schedule C and posts security in the amount of the full disconnection fee. 3.2.3. The City may apply any security collected pursuant to s. 3.2.2.2 to the cost of disconnecting, removing and filling in any unused private service pipes and sewer connection works, and to restoring the surface of the property, in the event that disconnected sewer works are not reconnected prior to the expiration of the permit under this bylaw. 3.2.4. Within 30 days of the completion of a sewer connection to a property previously served by an on-site sewage disposal system and prior to final plumbing inspection by the Chief Building Inspector, any existing septic tank on that property shall be pumped out and either removed or decommissioned in accordance with the Building Bylaw, and the owner shall provide to the Chief Building Inspector evidence in the form of a receipt or bill of lading that the effluent was disposed of in a septage disposal facility operating under permit issued by the CRD. 3.3. Application for Permit 3.3.1. To obtain a permit the owner shall file an application in writing on the form prescribed for that purpose by the City Engineer and pay the sewer connection fee and sewer enhancement fee as prescribed in s. 5.1.1 and in Schedules A and B. 3.3.2. Except as otherwise allowed by the City Engineer, every application for a permit shall: 3.3.2.1. bear the name, civic address, phone number and email address of the owner, Colwood Sewer Utility Bylaw No. 1500, 2011- Consolidated Page 9 3.3.2.2. be signed by the owner, 3.3.2.3. show the legal description and civic address of the property; 3.3.2.4. contain all design criteria, calculations, and other pertinent information necessary to verify compliance with this bylaw, and contain any technical information specified in this or other bylaws or in a restrictive covenant in favour of the City; and 3.3.2.5. contain other information specified by the City Engineer as is necessary to illustrate all essential features of the design of the sewer connection; 3.3.3. Without limiting the above, every application for a sewer connection permit shall include: 3.3.3.1. a survey plan or plans showing: 3.3.3.1.1. the proposed location, use and density of any existing and proposed buildings on the property; 3.3.3.1.2. the location of any existing or proposed private service pipes, including any pump facilities; 3.3.3.1.3. the location of any clean outs; 3.3.3.1.4. the dimensions, including the length of the proposed private service pipe; 3.3.3.1.5. the depth at which the private service pipe is or will be installed; 3.3.3.1.6. the locations, size and depth of any existing or proposed septic tank or treatment plant located on the property; and 3.3.3.1.7. the location of any existing or proposed sewer connection works and inspection chamber; 3.3.3.2. a copy of the application materials for any existing or proposed private service pipe shown on the application plans; and 3.3.3.3. if the application is with respect to new development, a copy of all building permits, building permit applications, and preliminary layout approvals or subdivision plans that relate to the proposed new development. 3.3.4. The City Engineer may issue a permit where the following conditions are met: 3.3.4.1. for a sewer connection permit, the parcel is within the boundaries of all applicable sewer service areas; 3.3.4.2. the applicant has submitted an application for the permit in accordance with this bylaw; 3.3.4.3. the applicant has paid the applicable sewer connection fees, sewer enhancement fees or sewer disconnection fees pursuant to this bylaw; 3.3.4.4. the application meets all the requirements in relation to the connection or disconnection of the parcel or building pursuant to this bylaw, the Building Bylaw, the CRD Sewer Bylaw, and other applicable enactments; and 3.3.4.5. The City Engineer is satisfied with the location and size of any proposed private service pipe, sewer connection works and the inspection chamber for any proposed connection. 3.3.5. The City Engineer may impose terms and conditions in a permit in relation to any of the following: 3.3.5.1. the timing of any work authorized in the permit, 3.3.5.2. the location of any work authorized in the permit; 3.3.5.3. technical specifications with respect to any of the work authorized in the permit; 3.3.5.4. the payment of security required to be paid under this bylaw; and 3.3.5.5. another term or condition that relates to the proper functioning of the sewer system. 3.3.6. The plans and information submitted to the City as part of an application for a permit, and accepted by the City Engineer, shall form part of the conditions of a permit. 3.3.7. The issuance of a sewer connection permit for a property does not constitute approval of any development proposed for the property. Colwood Sewer Utility Bylaw No. 1500, 2011- Consolidated Page 10 3.3.8. Where an application for a permit has not been completed in conformance with the requirements of the City Engineer or where the permit fee has not been paid within six months after the date of the application, the application shall be cancelled, and any application fee paid shall be forfeited. 3.3.9. A permit shall expire and the right of an owner under the permit shall terminate if the work authorized by the permit is not completed within the time stated on the permit, or where no time is stated, where: 3.3.9.1. the work authorized by the permit is not commenced within six months from the date of issue of the permit; 3.3.9.2. work is commenced and then suspended for a period of six months; or 3.3.9.3. the work has not been completed at the end of a twenty-four-month period from the date of issue of the permit. 3.4. Administration and Enforcement 3.4.1. The City Engineer is authorized to administer and enforce this bylaw and may prescribe application forms and permit forms required for the administration of this bylaw. 3.4.2. The City Engineer may refuse to issue any permit under this bylaw: 3.4.2.1. whenever information submitted is inadequate to determine compliance with the provisions of this bylaw; 3.4.2.2. whenever incorrect information has been submitted; 3.4.2.3. that would authorize any work that would require a development permit, until the development permit has been issued; or 3.4.2.4. where the proposed work does not comply with this bylaw, the Building Bylaw, a City bylaw, a CRD bylaw, a restrictive covenant in favour of the City, the CRD or the Province, or any enactment respecting health or safety. 3.4.3. The City Engineer may suspend or revoke a permit if: 3.4.3.1. there is a contravention of any condition under which the permit as issued; 3.4.3.2. work is at variance with the permit drawings or specifications; 3.4.3.3. the permit was issued in error; or 3.4.3.4. the permit was issued on the basis of incorrect information. 3.4.4. The City Engineer may give notice to an owner that the owner must do some or all of the following work within the time specified by the City Engineer. 3.4.4.1. conduct tests and investigations, including smoke, dye tests or other procedures on the property to detect leakage, cross connections, inflow or infiltration; 3.4.4.2. provide reports prepared by a registered professional with respect to the repair of any leakage or the removal of any cross connections, inflow or infiltration; 3.4.4.3. repair any private service pipe or other works to prevent leakage, cross connections, inflow or infiltration; 3.4.4.4. Remove or decommission a septic tank on property that has been connected to the sewer system in accordance with all applicable enactments; 3.4.4.5. remove and dispose of any contaminant that is deposited into any part of the sewer system from the owner's property, from all private service pipes, sewer connection works, city sewer mains, sewer lift stations and other parts of the sewer system. 3.4.5. If an owner fails to perform any work directed by the City Engineer, the City or its agent may enter on the property and perform the work at the owner's expense. 3.4.6. The costs of doing any works pursuant to s. 3.4.5 of this bylaw that are not paid by the owner of the property, as well as any unpaid sewer connection fee, enhancement fee, or sewer user fees, may be collected in the same manner and with the same remedies as property taxes. Colwood Sewer Utility Bylaw No. 1500, 2011- Consolidated Page 11 3.4.7. All notices under this bylaw may be delivered by mail addressed to the address of the owner provided on a permit application, or as otherwise shown for the parcel in the Land Title Registry. 3.4.8. The City Engineer or Building Inspector may enter on any property connected to the sewer system in order to inspect, photograph, or test any private service pipe or anything connected or required to be connected to the private service pipe, to ascertain whether the regulations of this Bylaw are being met. 4. TECHNICAL REQUIREMENTS 4.1.1. Every connection to the sewer system shall comply with Part 5.2 of the Building Bylaw [Sewer Connections within Local Service Areas]. 4.1.2. Inspection chambers shall be located at the property boundary, or as close to the property boundary on municipal property as the City Engineer directs in order to ensure access to the inspection chamber. 4.1.3. The private service pipe must be located so as to connect to existing sewer connection works where there are existing sewer connection works available to service that property, as determined by the City Engineer. 4.1.4. Each dwelling unit in a new or existing single-family dwelling or a two-family dwelling shall have a dedicated private service pipe and inspection chamber. 4.1.5. Notwithstanding section 4.1.4. above, the City Engineer may permit an existing two-family dwelling to be serviced by a single private service pipe where the City Engineer considers that the costs for the owner(s) to provide separate private service pipes would be unreasonable. 4.1.6. For every development other than a single-family dwelling or a duplex, there shall be one private service pipe and inspection chamber per building. 4.1.7. Notwithstanding section 4.1.6 above, the City Engineer may permit more than one private service pipe to an existing building where the City Engineer considers it to be impractical, taking into account the existing sanitary waste facilities that service the building and the value of the building, to service a building with a single connection. 4.1.8. No person shall convey sanitary sewage from any parcel of land to the sewer system via a private service pipe on another parcel, unless both parcels are part of the same strata plan, and the strata plan contains more than two units. 4.1.9. Where, in the opinion of the City Engineer, sufficient potential for subdivision of a property exists, multiple private service pipes and sewer connection works may be permitted to a single property provided that each pipe serves a separate existing or proposed building and the required sewer connection fees, and sewer enhancement fees are paid for each connection. 5. FEES 5.1. Sewer Connection and Enhancement Fee 5.1.1. Every owner who applies for a sewer connection permit shall pay the following fees: 5.1.1.1. the applicable sewer connection fee set out in Schedule A of this bylaw; and Colwood Sewer Utility Bylaw No. 1500, 2011- Consolidated Page 12 5.1.1.2. the applicable sewer enhancement fee set out in Schedule B of this bylaw, unless otherwise exempted by this bylaw. 5.1.2. The sewer connection fee and sewer enhancement fee are payable at the time of issuance of a sewer connection permit. 5.1.3. Notwithstanding s. 5.1.1.2, no sewer enhancement fees are payable in relation to the properties shown on Schedule E. 5.1.4. Notwithstanding s. 5.1.1.2, no sewer enhancement fees are payable in relation to any development for which sewer enhancement development cost charges have been paid pursuant to Co/wood Sewer Enhancements Development Cost Charge Bylaw No1431, 2011. 5.1.5. Where the City Engineer is satisfied that a property that applies to connect to the sewer system is providing sewer enhancement works at its own cost of the type contemplated in the sewer enhancement fee, the City Engineer may discount the sewer enhancement fee up to 75% in accordance with the corresponding benefit to the capacity of the sewer system provided by those works. 5.1.6. Where a property is vacant, the sewer enhancement fee shall be based on the development proposed within the application for the sewer connection permit, and if no development is proposed, the fee will be the amount for a single-family dwelling. 5.1.7. Where a property has one or more buildings that are not yet connected to the sewer system, the sewer enhancement fee shall be based on the development existing on the property plus any additional development proposed within the application for the sewer connection permit. 5.1.8. Where a property has buildings or property already connected to the sewer system, the sewer enhancement fee shall apply only to any increase in: 5.1.8.1. the number of dwelling units in a residential development, or 5.1.8.2. the floor area of a commercial, industrial or institutional development. 5.2. User Fee 5.2.1. Owners of parcels that are connected to the sewer system shall pay the sewer user fee set out in Schedule D. 5.2.2. The sewer user fee shall be calculated based on the water consumption data for the property, as provided by the CRD to the City, based on the water meter reading that includes February 1 of that calendar year, and annualized for a full year. 5.2.3. Where there is no water consumption information that includes February 1 of that calendar year available with respect to a property, the sewer user fee shall be based on the water consumption data provided by the CRD that is closest in time to the period that includes February 1 of that calendar year. 5.2.4. Where the water consumption information provided by the CRD to the City for the period that includes February 1 of that calendar year includes water consumption related to a reported water line leak, the sewer user fee shall be based on the water consumption data provided by the CRD for the period prior to February 1 when no leak was reported. 5.2.5. The minimum sewer user fee shall be $75 per property. Colwood Sewer Utility Bylaw No. 1500, 2011- Consolidated Page 13 5.2.6. Where more than one parcel is connected to a single water meter, the total water consumption indicated on the water meter shall be divided equally between all parcels using that water meter. 5.2.7. Where the City Engineer is satisfied that the property was not connected to the sewer system for some period of the current calendar year, the City Engineer may discount the sewer user fee by pro-rating the fee by the number of months that the property is connected to the sewer system in the current calendar year, 5.2.8. Where the City Engineer is satisfied that there is evidence that, as the result of the use of a parcel, a parcel's water consumption substantially exceeds its sewer use in the winter season, for example at ice rinks or commercial greenhouses, the City Engineer may discount the sewer user fee by a corresponding amount of up to 75%. 5.2.9. The user fee shall be imposed for each calendar year and shall be collected in the same manner as property taxes, and shall be subject to the same due dates, interest and penalties as property taxes. 5.2.10. With respect to properties within the City that are connected to the sewer system but exempt from City property taxation pursuant to an enactment, the sewer user fee shall be levied by invoice, and shall be subject to the same due dates, interest and penalties as property taxes. 5.2.11. Notwithstanding this Part, for the 2011 calendar year, the sewer user fee may be imposed pursuant to s. 4.2 of the Sewer Utility Bylaw No. 1001, 2008, as amended. Any sewer user fees unpaid after December 31, 2011, may be collected as taxes in arrears pursuant to s. 5.2.9 of this bylaw and s. 258(2)(b) of the Community Charter. 6. GENERAL 6.1. Offences and Penalties 6.1.1. No person shall do any act or thing or suffer or permit any act or thing to be done, in contravention of this bylaw. 6.1.2. Every person who contravenes this bylaw by doing any act which it forbids or omitting to do any act which it requires to be done, commits an offence and is liable, on summary conviction, to a fine of not more than $10,000.00. A separate offence shall be deemed to be committed upon each day during and in which the contravention occurs or continues. 6.1.3. The penalties imposed under section 6.1.2 shall be in addition to and not in substitution for any other penalty or remedy imposed by this or any other bylaw. 6.2. Severability 6.2.1. The provisions of this bylaw are severable. If for any reason any provision is held to be invalid by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this bylaw. 6.3. Repeal 6.3.1. City of Colwood Sewer Utility Bylaw No. 1001, 2008, is repealed. Colwood Sewer Utility Bylaw No. 1500, 2011- Consolidated Page 14 6.3.2. Notwithstanding s. 6.3.1, any sewer user fees that were incurred during a calendar year or that the City of Colwood Sewer Utility Bylaw No. 1001, 2008, was in force may be levied under that bylaw. 6.3.3. Notwithstanding s. 6.3.1, any sewer user fees that were incurred under the City of Colwood Sewer Utility Bylaw No. 1001, 2008, that are unpaid as of December 31, 2011, shall continue and be due and owing under this bylaw. 6.4. Citation 6.4.1. This bylaw may be cited as the "Colwood Sewer Utility Bylaw No. 1500, 2011". READ A FIRST TIME THIS 14th day of NOVEMBER 2011. READ A SECOND TIME THIS 14th day of NOVEMBER 2011. READ A THIRD TIME THIS 14th day of NOVEMBER 2011. ADOPTED this 29th day of NOVEMBER 2011. Mayor Corporate Officer Colwood Sewer Utility Bylaw No. 1500, 2011- Consolidated Page 15 SCHEDULE A - SEWER CONNECTION FEES 1. The owner shall pay the following sewer connection fees at the time of application for a sewer connection permit: a. If there is no sewer connection works to the property, or the sewer connection works are incomplete, do not meet the standards required under the Subdivision and Development Servicing Bylaw or alterations are required to the sewer connection works for the purposes of connecting the private sewer pipe, or there is no inspection chamber existing at the time of application, the connection will be performed at cost. b. In this Bylaw, "At Cost" means the actual cost of the work as determined by the City, which includes the amount expended by the City for gross wages and salaries, employee fringe benefits, materials, equipment rentals at rates paid by the City or set by the City for its own equipment, administration charges, and any other expenditures incurred in doing the work. c. Prior the start of any work, the Director of Engineering & Public Works must provide an estimated cost to the applicant, and the applicant must make an advance payment to the City in the amount estimated. d. At the conclusion of the work, if the costs incurred by the City exceed the estimated amount, the requestor will be invoiced for the balance. e. At the conclusion of the work, if the costs incurred by the City are less than the estimated amount, the City must refund to the applicant the difference between the estimate and the total of the City's actual costs. f. A 10% overhead charge will be applied where the City permits an Applicant to construct all of the sewer connection works, the 10% overhead will be applied based on the 'Value of proposed construction' amount, taken from the required City of Colwood Right of Way Permit. g. No applicant shall commence work until the 'Value of proposed construction' is shared with and agreed upon by the City of Colwood Engineering Department. h. No applicant shall commence work until the construction plan and construction materials are agreed upon by the City of Colwood Engineering Department. i. A processing fee of $500 applies if there is an adequate sewer connection to the property line and an existing inspection chamber at the application time. Colwood Sewer Utility Bylaw No. 1500, 2011- Consolidated Page 16 SCHEDULE B - ENHANCEMENT FEES Class of Development Enhancement Fee Residential Development a. single family dwelling $3,077 per dwelling unit b. two-four family dwelling $2,488 per dwelling unit c. townhouses $2,095 per dwelling unit d. apartments $1,178 per dwelling unit e. mobile home $1,309 per mobile home f. hotel room $928 per hotel room Commercial $12.37 per m2 of floor area Industrial $6.19 per m2 of floor area Institutional $12.37 per m2 of floor area Colwood Sewer Utility Bylaw No. 1500, 2011- Consolidated Page 17 SCHEDULE C - SEWER DISCONNECTION FEES 1. The owner shall pay the following sewer disconnection fees at the time of application for a sewer disconnection permit: a. Any person who applies to the City to have an existing sanitary connection disconnected, will be charged under this bylaw at cost. b. In this Bylaw, "At Cost" means the actual cost of the work as determined by the City, which includes the amount expended by the City for gross wages and salaries, employee fringe benefits, materials, equipment rentals at rates paid by the City or set by the City for its own equipment, administration charges, and any other expenditures incurred in doing the work. c. Prior the start of any work, the Director of Engineering & Public Works must provide an estimated cost to the applicant, and the applicant must make an advance payment to the City in the amount estimated. d. At the conclusion of the work, if the costs incurred by the City exceed the estimated amount, the requestor will be invoiced for the for the balance. e. If the City's actual costs are less than estimated, the difference must be refunded to the applicant. 2. Where a parcel is disconnected from the sewer service temporarily, the temporary disconnection fee shall be $200, plus 10% security in the amount the applicable disconnection fee in section 1 above. Colwood Sewer Utility Bylaw No. 1500, 2011- Consolidated Page 18 SCHEDULE D The sewer user fee is levied annually for the calendar year and is calculated based on one annualized winter water meter reading per water meter for all sewer users. The annualized water meter reading, per water meter, is multiplied by the rates detailed below in calculating the annual sewer user fee. Tier 1: 0-1,000 annualized m3 @ $2.40/m3 Tier 2: 1,001+ annualized m3 @ $2.75/m3 The minimum sewer user fee levied is $425.00 for all sewer users. Sewer user fees calculated for stratas, properties with multiple folio numbers but typically only one or two water meter readings, have been calculated per folio number (e.g. if a strata has 25 folio numbers related to one water meter reading, the water meter reading is divided by 25 and then annualized thus giving the strata credit for having 25 folio numbers or properties). Sewer user fees calculated for rental properties with five or more residential unit equivalents will be charged a sewer user fee consistent with the calculation of fees for stratas, where the user fee will be calculated per residential unit equivalent. Colwood Sewer Utility Bylaw No. 1500, 2011- Consolidated Page 19 SCHEDULE E - MAPS Colwood Sewer Utility Bylaw No. 1500, 2011- Consolidated Page 20 Colwood Sewer Utility Bylaw No. 1500, 2011- Consolidated Page 21 Colwood Sewer Utility Bylaw No. 1500, 2011- Consolidated Page 22 Colwood Sewer Utility Bylaw No. 1500, 2011- Consolidated Page 23