Drainage System Protection Bylaw No. 2266, 2007 - Consolidated Version
Pitt Meadows, British Columbia
· adopted 2008-09-16
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DM 76650v22
CITY OF PITT MEADOWS
DRAINAGE SYSTEM PROTECTION BYLAW
Bylaw No. 2266, 2007 and amendments thereto
CONSOLIDATED FOR CONVENIENCE ONLY
This is a consolidation of the bylaws listed below. The amending bylaws have been consolidated
with the original bylaws for convenience only.
Certified copies of the original bylaws should be consulted for all interpretations and applications
of the bylaws on this subject.
BYLAW NO.
ADOPTED
AMENDED SECTION(S)
2266, 2007
September 16, 2008
Original
2451, 2010
March 16, 2010
Schedule "E" (in its entirety)
2492, 2011
May 3, 2011
Schedule "E" (in its entirety)
2559, 2012
May 8, 2012
Schedule "E" (in its entirety)
2605, 2013
May 13, 2013
Schedule "E" (in its entirety)
2598, 2013
May 21, 2013
Schedule "B" (in its entirety)
2641, 2014
May 6, 2014
Schedule "E" (in its entirety)
2680, 2015
March 17, 2015
Schedule "E" (in its entirety)
2727, 2016
March 15, 2016
Schedule "E" (in its entirety)
2755, 2017
March 28, 2017
Schedule "E" (in its entirety)
2791, 2018
March 20, 2018
Schedule "E" (in its entirety)
2822, 2019
April 2, 2019
Schedule "E" (in its entirety)
2851, 2020
April 28, 2020
Schedule "E" (in its entirety)
2875, 2021
March 2, 2021
Ss. 6, 9 and 13
2887, 2021
April 13, 2021
Schedule "E" (in its entirety)
2918, 2022
April 5, 2022
Schedule "E" (in its entirety)
2947, 2023
April 4, 2023
Schedule "E" (in its entirety)
2978, 2024
May 7, 2024
Schedule "E" (in its entirety)
3022, 2025
May 13, 2025
Schedule "E" (in its entirety)
3046, 2026
April 14, 2026
Schedule "E" (in its entirety)
The bylaw numbers in bold at the end of the clause refer to the bylaws that amended the principal
bylaw.
CITY OF PITT MEADOWS
DRAINAGE SYSTEM PROTECTION
BYLAW NO. 2266, 2007
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A Bylaw of the City of Pitt Meadows to establish and regulate the obstruction,
discharge and operation of the municipal drainage system and to impose a
charge for the use of the municipal drainage system
WHEREAS, the Council of the City of Pitt Meadows is authorized to enact a bylaw
pursuant to section 540 of the Local Government Act;
AND WHEREAS it is deemed desirable and expedient to regulate and prohibit
the design and installation of drainage works in the municipal drainage system;
AND WHEREAS it is necessary to impose a charge against the owner or occupier
of real property for the use of the municipal drainage system;
NOW THEREFORE, the Municipal Council of the Corporation of the City of Pitt
Meadows, in open meeting assembled, ENACTS AS FOLLOWS:
PART I - INTERPRETATION
1.0
Citation/Title
1.1
This bylaw may be cited for all purposes as the "Pitt Meadows Drainage
System Protection Bylaw No. 2266, 2007".
2.0 Definitions
2.1
For the purpose of this bylaw:
a) "building permit"
means a permit issued by the City pursuant to the City
of Pitt Meadows Building Bylaw, authorizing construction of a building or
improvements according to approved plans.
b) "City" means the Corporation of the City of Pitt Meadows.
c) "Collector" means the Collector of the City duly appointed by Council to
collect fees, charges and taxes imposed by the City.
d) "contaminant" means any substance other than uncontaminated water,
whether solid, dissolved or suspended, that injures, or is capable of
injuring, the health or safety of a person, property, or life form, or capable
of damaging the environment, or is capable of interfering with the
operation of the drainage system.
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e) "development" means any construction for which a building permit is
required.
f) "Director" means the Director of Operations and Development Services
for the City of Pitt Meadows and includes any other City employee acting
under his or her authority.
g) "discharge" means to directly or indirectly introduce any substance or
water to the drainage system, or watercourse.
h) "drainage charges" means a charge, or charges, imposed by the City to
use the drainage system in accordance with Schedule "E", which is
attached hereto and forms part of this bylaw.
i) "drainage system" means the system and network of watercourses,
ditches, key ditches, channels, swales, drains or sewers, drainage works,
pump stations, flood boxes, dike gates or valves, mains, pipes, culverts,
catch basins, leads, and curbs and gutters, located in the City on private or
public property, by which surface or ground water is conveyed to a
receiving watercourse. All natural watercourses within the geographic area
shown in Schedule "B" are deemed and constituted as part of the drainage
system.
j) "floodplain" means the area of land shown in Schedule "A", which is
attached hereto and forms part of this bylaw.
k) "impervious areas" means any exterior surface which does not allow rain
water to pass through it into the soil.
l) "intensive agricultural projects" means buildings, structures and
impervious areas located on agriculture zoned lands with a surface area
greater than 500 square metres.
m) "key ditches" means the system of ditches and watercourses, including
culverts, as shown in Schedule "B", which is attached hereto and forms part
of this bylaw.
n) "nutrient laden water" means water which contains fertilizers or other
substances which accelerate plant or weed growth;
o) "owner" means any person who is registered under the Land Title Act as
the owner of land, or any other person who is in lawful possession of land
or who is in lawful possession or occupancy of any buildings situated on
land.
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p) "permit" means a permit issued by the Director under this bylaw, as shown
in Schedule "C", which is attached hereto and forms part of this bylaw.
q) "person" means an individual, society, partnership, corporation or
business.
r) "prohibited material" means any sediment, earth, construction or
excavation wastes, cement, concrete, pesticides, fertilizers, nutrient-laden
water, sewage, soaps, paints, chemicals, chlorinated water, waste oil or any
material or substance which is a "hazardous product", "contaminant",
"toxic substance", "deleterious substance", "special waste", "dangerous
good" or "reportable substance" that is identified or described in or
defined by any applicable statute, regulation or law, including other bylaws
of the City, or that may constitute a hazard to the health of humans or
animals, or that may be detrimental to the environment, or that may
accelerate plant growth in the receiving watercourse, or that may inhibit
maintenance of a watercourse.
s) "sediment control plan"
means the specifications, drawings, plans and
design calculations for works to control and monitor the discharge of
sediment and silt from any source into the drainage system, or watercourse,
as specified in the Subdivision and Development Servicing Bylaw.
t) "uncontaminated water" means water that does not contain contaminants,
and may include agriculture irrigation, cooling water and condensation
drainage from refrigeration and air conditioning equipment, and cooled
condensation from steam heating systems.
u) "watercourse" means the system of key ditches and natural watercourses
located in the City, on private or public property, by which surface or
ground water is conveyed.
PART II - REGULATIONS
4.0
GENERAL
4.1
This bylaw applies to all land within the City of Pitt Meadows.
4.2
This bylaw is administered by the Director.
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4.3
The administration, capital construction, operation, maintenance,
inspection and repair of a drainage system and key ditches are
hereby established as a service of the City of Pitt Meadows.
4.4
The City does not warrant that any activity controlled under this
bylaw, will not cause or permit flooding, damage, pollution or other
nuisance to any person or property.
4.5
The Director shall be admitted access to the owner's land and
premises, during reasonable hours, in order to inspect, photograph,
or test any portion of the drainage system and to determine whether
the provisions of this bylaw are being complied with.
4.6
This bylaw has been enacted in the general public interest. The
activities undertaken by or on behalf of the City are for the sole
purpose of providing a limited enhancement to public health and
safety and the protection of persons and property. It is not
contemplated or intended nor does the purpose of this bylaw
extend to protection of property owners from property damage,
personal injury or economic loss, nor to the assumption by the City
of any responsibility for insuring compliance with this bylaw, or to
providing any person any warranty or representation that
compliance with this bylaw will prevent or reduce flooding or risk of
flooding.
5.0
CONSTRUCTION WITHIN A FLOODPLAIN
5.1
Every owner shall be wholly and exclusively responsible for any and
all consequences, including property damage, loss of life or injury,
of building or constructing within the floodplain, or from flooding
due to storm water run-off exceeding the capacity of the drainage
system.
6.0
PERMITS
6.1
Every owner or person shall apply for and obtain a permit from the
Director prior to commencement of construction or discharge, in
accordance with Schedule "C", for any of the following activities:
a)
constructing in or over a watercourse;
b)
installing a culvert on key ditches or watercourses;
c)
enclosing or filling a key ditch or watercourse;
d)
constructing within seven (7) metres of the toe of a dike;
e)
constructing within six (6) metres of a top of bank adjacent to
a key ditch or watercourse;
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f)
constructing an agricultural irrigation system
6.2
The Director shall attach terms and conditions to the issuance of a
permit as are necessary to ensure construction is conducted to the
City's satisfaction, provisions of Pitt Meadows Highway Access
Bylaw are complied with, ensure appropriate government
authorities and agencies approvals have been obtained, and set out
period of time to commence and complete construction.
6.3
Every application for a permit pursuant to this bylaw shall be made
in writing to the Director and shall be accompanied by:
a)
a sketch showing:
- the boundaries of the lot or lots on which the works are
to be performed;
- the dimensions of the proposed works;
- the location and dimensions of all watercourses, drains or
sewers which may be affected by the works or proposed
discharge; and
- the location and dimensions of all existing or proposed
buildings, structures or obstructions on the lot or lots on
which the works are to be performed;
b) other information, as is necessary, to illustrate all essential
features of the design and specifications of the works, or
proposed discharge, and the intended use thereof;
c)
fees and security deposit as shown in Schedule "D", attached
hereto and forming part of this bylaw.
6.4
The owner requesting a watercourse crossing shall retain a
Qualified Environmental Professional (QEP) to confirm applicable
approvals from other government authorities and agencies and
obtain such approvals prior to the Director's approval. (Bylaw 2875,
2021)
7.0
PROHIBITION OF OBSTRUCTING OR ALTERING A WATERCOURSE
7.1
No person shall foul, obstruct, alter or impede the flow, directly or
indirectly, of a key ditch, ditch, watercourse, drain or the drainage
system, whether or not it is situate on private property within the
City.
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7.2
No person shall construct, install, improve, alter, extend, repair,
renew, maintain, remove any bridge, culvert or culvert headwall,
enclose a ditch, construct an access, or perform any other works in
or over a key ditch or watercourse, whether or not it is located on
private property, unless he or she has first obtained a permit to do
so from the Director in the form attached as Schedule "C" to this
bylaw.
8.0
PROHIBITION OF DISCHARGE
8.1
No person shall cause or permit any waste, contaminant, prohibited
material, or water containing any prohibited material, to be
discharged, dumped, deposited, spilled or washed, directly or
indirectly, into the drainage system, or any watercourse.
8.2
No person shall wash or permit the washing of concrete from any
driveways, sidewalks, patios or other impervious surfaces, or
residues from concrete trucks to discharge into the drainage system
or any watercourse.
8.3
An approval, or permit, under this bylaw in no way relieves the
owner, or his/her agents, of the responsibility of adhering to all local
bylaws of the City of Pitt Meadows, Provincial and Federal
legislation, including, but not limited to, the Fisheries Act, Water
Act, Fish Protection Act and Environmental Management Act.
8.4
No person shall discharge nutrient-laden water into the drainage
system, key ditch or watercourse. Every greenhouse operator, shall
provide an acceptable nutrient-laden water disposal plan to the
Director on an annual basis, or as requested by the Director.
9.0
CULVERTS
9.1
The Director may order the maintenance, repair or replacement at
the owner's expense of any culvert, installed without a valid permit
or without City approval, which is located on a key ditch, as shown
in Schedule "B".
9.2
Every culvert installed, subsequent to adoption of this bylaw, on key
ditches requires an application to the Director for a permit. Every
culvert shall be constructed and installed with sufficient capacity to
convey a minimum 1:10 year storm event, without flooding, or as
specified by the Director. The minimum culvert diameter shall be
600 mm.
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9.3
Every culvert installed, subsequent to adoption of this bylaw,
shall be constructed and installed by the City, or its contractor, in
accordance with the Subdivision & Development Servicing Bylaw
No. 2589, as amended, and all associated installation costs shall be
the responsibility of the property owner fronting the drainage
system. (Bylaw 2875, 2021)
9.4
Every owner shall provide suitable access for labour and equipment
to each culvert installed, operated and maintained by the City.
9.5
The City shall not be responsible to repair damage to, or restore,
any owner improvements constructed on top of, or adjacent to, a
bridge or culvert.
9.6
Number of Culverts (Bylaw 2875, 2021)
a)
Each parcel shall contain no more than one driveway access
and culvert over a key ditch.
b)
Despite Section 9.6(a), for parcels on a corner lot and greater
than 40,000 square meters, a second culvert over a
key ditch may be permitted by the Director, based on
consideration of the following criteria and any supporting
reports prepared by a qualified professional to support such
assessments, which the Director may require:
i. Impact on the operation of the City's drainage system;
ii. Impact and/or support of agriculture activities;
iii. Environmental impacts;
iv. Road type, traffic flow and proximity to intersections,
other culverts or access points.
c)
Despite Section 9.6(a), for parcels on a corner lot and
greater than 175,000 square meters, more than two culverts
over a key ditch may be permitted by the Director, based
on consideration of the following criteria and any supporting
reports prepared by a qualified professional to support such
assessments, which the Director may require:
i. Impact on the operation of the City's drainage system;
ii. Impact and/or support of agriculture activities;
iii. Environmental impacts;
iv. Road type, traffic flow and proximity to intersections,
other culverts or access points.
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d)
Despite subsections 9.6(b) and 9.6(c), the number of culverts
will be minimized, wherever possible.
e)
The property owner fronting the drainage system shall be
responsible for all maintenance and/or replacement costs
for culverts permitted under subsections 9.6(b) and 9.6(c)
and such maintenance and replacement requirements shall
be determined by the City.
10.0 WATERCOURSE MAINTENANCE
10.1 Subject to provisions contained in the Fisheries Act, Water Act and
the Fish Protection Act, all key ditches shall be maintained by every
owner or person to allow and maintain the free flow of discharge
water.
10.2 An owner may allow the City to maintain a key ditch, in which case,
the owner shall provide suitable access for labour and equipment to
each key ditch and watercourse maintained by the City.
10.3 The City shall not be held liable for damage to, or loss of, crop(s),
vegetation, plantings and hedges within six (6) metres of the top of
bank of a key ditch or watercourse.
10.4 Prior to commencement of construction every owner or person shall
seek and obtain a permit in accordance with Schedule "C" from the
Director to construct developments or obstructions within six (6)
metres of key ditches. The issuance of a building permit does not
absolve the owner or person from obtaining the Director's specific
approval.
11.0 LIMIT RATE OF RELEASE OF DISCHARGE
11.1 Where development is planned on any parcel(s), the owner must as
a condition of development approval, limit the post-development
peak rate of runoff to the pre-development peak rate of runoff for
the 10-year design storm; provided the downstream drainage
system and watercourses have the capacity to carry the increased
run-off. This may require the owner or person to provide and
construct onsite detention or retention facilities and control
structures. This applies, but is not limited to, urban drainage and
intensive agricultural projects.
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12.0 AGRICULTURE IRRIGATION
12.1 Every owner shall seek and obtain a permit in accordance with
Schedule "C" from the Director to construct agricultural irrigation,
agricultural field drainage systems, or private dikes which impact, or
have the potential to impact, the quantity and rate of discharge to
key ditches.
12.2 The Director may require professional engineer reports to
determine the impact, or potential impact, to key ditches in order to
establish conditions of permit issuance.
12.3 Every owner shall obtain approval from the Director prior to
operating any water control structure, dike gate or valve or similar
apparatus, which is owned, operated, or maintained by the City.
13.0 SEDIMENT CONTROL
13.1 The Director may require a Sediment Control Plan for any
construction where the site:
a.
is within 30 metres of a watercourse; or
b. contains slopes greater than 20 percent; or
c.
has a history of erosion or soil and slope instability; or
d. proposes to disturb the natural vegetation by an area greater
than 500 square metres.
13.2 All construction shall adhere to best management practices
as outlined in Section A.4.11, subsection iii of the Subdivision and
Development Servicing Bylaw No. 2589. (Bylaw 2875, 2021)
14.0 REMEDIES
14.1 Should prohibited material enter the drainage system, or
watercourse, then the owner, or contractor performing the work,
must immediately notify the appropriate federal and provincial
agencies and the City, and under the appropriate direction of those
agencies, and the City, the owner or contractor must take immediate
remedial steps to capture, contain and remove such prohibited
material.
14.2 If any owner, person or contractor is carrying on any construction
work, or any other activity, in contravention of this bylaw, or which
in the opinion of the Director is causing, or is likely to result in a
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discharge of contaminants or prohibited material into the drainage
system, or watercourse, or cause irreparable harm, then the Director
may order the immediate suspension of all or any portion of such
construction work or other activity by posting a notice (Stop Work
Order) to that effect at the place where the construction work, or
other activity, is ongoing. The Director may further direct that steps
be taken by the owner or contractor to prevent further fouling or
discharge of prohibited material into the drainage system, or
watercourse.
14.3 If in the opinion of the Director immediate steps should be taken to
prevent the escape of contaminants or prohibited material, or to
stop an escape which is ongoing, and/or if the Director, acting in
his/her sole discretion, is not satisfied that the owner or contractor
has taken the appropriate steps to mitigate the release of prohibited
material, then the City may enter onto the property to take steps
necessary in the circumstances. The cost of any work done by the
City will be assessed to the owner. If the costs remain unpaid as of
December 31 of the year, the amount shall be deemed to be taxes
in arrears.
14.4 Failure to obtain a permit under Section 6 this bylaw from the
Director may result in the Director ordering the immediate
suspension of all or any portion of such construction work or other
activity by posting a notice (Stop Work Order) to that effect at the
place where the construction work, or other activity, is ongoing.
Where the construction work or other activity has been completed
without a permit under this bylaw from the Director, the City may
remove or rectify the construction, activity or discharge at the
owner's expense. The cost of any work done by the City will be
assessed to the owner. If the costs remain unpaid as of December
31 of the year, the amount shall be deemed to be taxes in arrears.
14.5 Subject to section 14.3, should an owner or person fail to maintain
any key ditch, as required by this bylaw or as ordered by the
Director, the City may enter private property, upon sixty (60) days
notice, in order to undertake maintenance requirements. The City
shall not be held liable for damage to, or loss of, crop(s), vegetation,
plantings and hedges within six (6) metres of the top of bank of a
ditch or watercourse.
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15.0 Drainage Charges
15.1 Each parcel of real property which drains, directly or indirectly, to
the drainage system shall be classified once each year by the
Collector in accordance with the categories set out in Schedule "E",
attached hereto and forming part of this bylaw.
15.2 Subject to section 15.3, the owner or occupier of real property shall
pay, in addition to other rates, charges, fees or taxes, for the use of
the drainage system, the amounts specified in Schedule "E". These
drainage charges shall be payable to the City on or before
December 31st, in each year.
15.3 City owned parcels and parcels not directly or indirectly discharging
to the drainage system shall be exempt from drainage charges.
15.4 Drainage charges shall be rendered annually for the months of
January to December, inclusive.
15.5 If the drainage charges and penalty remain unpaid as of December
31 of the year, the amount shall be deemed to be taxes in arrears.
15.6 Drainage charges shall be rendered annually and shall be due and
payable each year on the same date as municipal taxes are due, and
shall be subject to the same penalties as those applied to overdue
municipal taxes.
16.0 PENALTY
16.1 Subject to section 15.0, every person who violates any provisions of
this bylaw, or fails to comply with the terms and conditions of a
permit, or an order issued under this bylaw commits an offence
punishable upon summary conviction and will be liable to a fine of
not less than $500.00 and not more than the maximum penalty
provided by the Offence Act and, where the offence is continuing,
each day that offence is continued will constitute a separate offence.
16.2 Every person who violates any provisions of this bylaw, or fails to
comply with the terms and conditions of a permit, or an order issued
under this bylaw, may be issued a ticket under the Ticket Information
Bylaw No. 1401, as amended over time.
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17.0 EFFECTIVE DATE
17.1 This Bylaw shall come into force and effect as of the date of
adoption.
18.0 SEVERABILITY
18.1 If any section or lesser portion of this bylaw is held invalid, it will be
severed and the validity of the remaining provisions of this bylaw will
not be affected.
19.0 REPEAL
19.1 The "Pitt Meadows Drainage Regulation Bylaw No. 1385-1990" and
amendments thereto is hereby repealed in its entirety.
20.0 SCHEDULES
20.1 Schedules "A", "B", "C","D" and "E" attached to this bylaw are
incorporated herein and form part of the bylaw.
Read a FIRST, SECOND and THIRD time on July 22, 2008.
ADOPTED on September 16, 2008.
Mayor
Corporate Officer
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SCHEDULE "A" FLOODPLAIN MAP
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SCHEDULE "B" - KEY DITCHES MAPS (Bylaw No. 2598, 2013)
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(Bylaw No. 2598, 2013)
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(Bylaw No. 2598, 2013)
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(Bylaw No. 2598, 2013)
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(Bylaw No. 2598, 2013)
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(Bylaw No. 2598, 2013)
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(Bylaw No. 2598, 2013)
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SCHEDULE "C"
DRAINAGE SYSTEM PERMIT NO. ________
Pursuant to the Pitt Meadows Drainage System Protection Bylaw No. 2266-2007,
permission is hereby granted to:
______________________________________________________________
(Name)
of_______________________________________________________________
(address)
(telephone)
to complete_______________________________________________upon the
(address of property)
________________________________________________________________
(legal description of property)
in accordance with the provisions of the Pitt Meadows Drainage System
Protection Bylaw No. 2266-2007, Application No._________ and the plans,
specifications and other supporting documents filed therewith as approved, and
initialed as approved by the Director, all which form a part of this application and
constitute the terms and conditions of this permit.
Additional Conditions:
This permit is issued on the condition that the permit holder fully complies with
all provisions of the Pitt Meadows Drainage System Protection Bylaw No 2266 -
2007 and all terms and conditions herein of this permit.
Received from ________________________the _____day of __________
200_, the sum of $______________as the Drainage System Permit Fee (if
applicable). Receipt No.:_____________
This Drainage System Permit is issued this _____ day of __________, 200_ and it
shall expire twelve months after the day of issuance.
Director of Operations and Development Services
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SCHEDULE "D"
FEES AND SECURITY
The following fees are payable as they apply to a drainage system permit:
1.
The City of Pitt Meadows fee for a permit under this bylaw shall be One
Hundred Dollars ($100.00) per application.
2.
A security deposit of a minimum of One Thousand Dollars ($1,000.00), or
the estimate of materials and installation as determined by the City, per
parcel is required for all projects regardless of location.
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SCHEDULE "E"
DRAINAGE CHARGES
(Bylaw No. 3046, 2026)
Urban Areas:
Residential - single housing*
$70.78/unit
Residential - multiple housing
$30.23/unit
Non-residential
$1985.95/hectare
Rural Areas:
Agriculture**
$194.91/hectare
Non-agriculture
$194.91/hectare
*
Single housing includes duplex housing, modular homes, mobile homes
**
Agriculture includes land zoned agriculture located within urban areas