Sewer User Fee Bylaw No. 1895, 2009 (consolidated) — full text, Whistler, British Columbia

This is the exact embedded text of the captured official document. Snapshot 2a3c310548bf · verified 2026-10-18 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

RESORT MUNICIPALITY OF WHISTLER This document has been produced for convenience of reference and is a consolidation of the following bylaws: Bylaw No. Bylaw Name Date Adopted 1969 Sewer Use Fee Amendment Bylaw No. 1967, 2011 May 3, 2011 2082 Sewer Use Fee Amendment Bylaw No. 2082, 2015 April 28, 2015 2090 Sewer Use Fee Amendment Bylaw No. 2090, 2015 May 26, 2015 2116 Sewer Use Fee Amendment Bylaw No. 2116, 2016 May 3, 2016 2146 Sewer Use Fee Amendment Bylaw No. 2146, 2017 May 9, 2017 2183 Sewer Use Fee Amendment Bylaw No. 2183, 2018 May 8, 2018 2227 Sewer Use Fee Amendment Bylaw No. 2227, 2019 April 30, 2019 2279 Sewer Use Fee Amendment Bylaw No. 2279, 2020 May 5, 2020 2359 Sewer Use Fee Amendment Bylaw No. 2359, 2022 May 10, 2022 2385 Sewer Use Fee Amendment Bylaw No. 2385, 2023 May 2, 2023 2445 Sewer Use Fee Amendment Bylaw No. 2445, 2024 May 4, 2024 2476 Sewer Use Fee Amendment Bylaw No. 2476, 2025 April 29, 2025 Individual copies of any of the above bylaws are available from the Resort Municipality of Whistler. CONSOLIDATED "SEWER USER FEE BYLAW NO. 1895, 2009" This copy of "Sewer User Fee Bylaw No. 1895, 2009" has been consolidated and printed by the authority of the Corporate Officer of the Resort Municipality of Whistler, pursuant to Section 139 of the Community Charter and "Bylaw Consolidation and Revision Bylaw No. 1957, 2010". Date: this 23 day of January, 2026. _________________________ Pauline Lysaght Corporate Officer WHISTLER RESORT MUNICIPALllY OF WHISTLER BYLAW NO. 1895, 2009 A BYLAW TO IMPOSE A SEWER USER FEE WHEREAS Section 8 of the Resort Municipality of Whistler Act provides that the Resort Municipality of Whistler (the "Municipality") may construct, replace, acquire, operate and maintain a sewage collection, treatment, conveyance, and disposal system; AND WHEREAS section 3(1) of the Resort Municipality of Whistler Act provides that, subject to that Act, the Community Charter applies to the Municipality unless the Community Charter is inconsistent with the Resort Municipality of Whistler Act or regulations thereunder; AND WHEREAS pursuant to section 8(3)(a) of the Community Charter, the Municipality may, by bylaw, regulate, prohibit and impose requirements in relation to its services; AND WHEREAS pursuant to Section 194 of the Community Charter, the Municipality may impose fees payable in respect of all or part of a service of the Municipality and may. among other things, establish terms and conditions for payment, including discounts, interest and penalties; NOW THEREFORE the Council of the Resort Municipality of Whistler, in open meeting assembled, ENACTS AS FOLLOWS: I. This bylaw may be cited for all purposes as the "Sewer User Fee Bylaw No. 1895, 2009". 2. In this bylaw: "Municipal Engineer" means the General Manager of Environmental Services or their designate. "Building Official" means the Manager of Building Services, building inspectors, plan checkers and plumbing inspectors designated by the Resort Municipality of Whistler. "building permit" and "occupancy permit" mean, respectively, a building permit and occupancy permit under the Municipality's Building and Plumbing Regulation Bylaw No. 1617, 2002. "parcel" means any lot, block or other area in which land is held or into which it is subdivided, including a bare land strata lot, a building strata lot and, notwithstanding the meaning of "land", a strata lot that is within or a part of an improvement. "sewage system" means the Municipality's system of waste water conveyance, treatment, and discharge from parcels within the boundaries of the Municipality. 3. On jainuary 1 of every calend,u year, an atJ,nual \vater user fee is her:eby imposed on the owner of a parcel that is connected. directly or indirectly, to the sewage system as of January 1 of the calendar year, in an amount cakufated in accordance with Schedule A attached to and forming part of thi:s bylaw. For clari Ly, a separate annual foe is imposed under this section for each parcel that is connected to th.e sewage system as of January 1 of the particular year. 4. Notwithstanding section 3 of this b;-law, if a.t any time during a calendar year the .Municipality issues a building permit for an improvement t'O a parcel and: (a) the improvement will, if constructed, increase the amount of the foe to be paid under this bylaw as calculated under Schedule A to this bylaw; or (b) the imp,rovernen.t is to a parcel not con_nected to the sewage system or the improvement wilt if constructed, be connected to the sewage system, a sewer user fee shall hereby be imposed, as of 6 months after the dat.e the building permit is issuedt on the owner of th.e pared in an amount calculated under Schedule A to this bylaw based on the proposed uses of the contemplated improvement or, in the case of an improvement under paragraph (a) of this sectiont in an amount equal to d1e increase in the fee payable under Schedule A to this bylaw <which fee shall be payable in addition to the fee imposed under section 3 of this bylaw), in either case based on the schedule required by this bylaw to be submitted. v:.ri th the lbu.Uding per mil.. 5. WH:h any building perm:iit: application suhm1tted to the Municipality. the owner of fue parcel that is the subject of the application or their authorized representative shall submit to the Municipality, a form satisfactory to the Building Offidal setting out the uses for the proposed improvemen including, in the ca.se of metered, per square foot charges or per hectare cnarges, the basis for consumption for each of the uses, all in aacordance with the utility use categories in Schedule A to thls bylaw. 6. Wifu any application for an occu.pancy permit submitted to the Building Official. the owner ,of the parcel that js the subject of the application or authorized representative shall submit to the Municipality as part of the application, a final schedute setting out the actual uses for the improvement, including, in tl:ie case of metered, per square foot charges or per hectare charges for ea.ch of those uses and, in the caise of an improvement that has been subdivided by deposit of a strata plan under the Strat:J Property Act, the uses for each area within each .strata lot, all jn accorda:nce with the utility use categories set out in Schedule A to this bylaw, 7. If the use of a parcel or improvement or part of either changes durjng a calendar year such that the fee amount under Schedule A would change~ an additional sewer user fee shall hereby be imposed on the owner of the parcel as of the date of the use chang in an amount equal t.o tlie change in the fee calculated under Schedule A resulbng from the change in use. 8. The owner of a parcel shall notify the Municipality in writing within 21 days of any change in use under section 7. 9. All fees imposed under this bylaw are due and payable by the owner on July 2 of the calendar year in which the fee is imposed, except that any fee that is imposed after June 2 in a calendar year shall be due and payable within 30 days of the date the fee is imposed. 10. If a fee (for a parcel not connected to the sewage system as of January 1 of the year) or additional fee is payable due to the issuance of a building permit or a change in use during a calendar year, the amount of the fee or additional fee, as the case may be, shall be equal to the fee amount determined using Schedule A divided b.y 12 and multiplied by the number of months remaining in the calendar year (including the month of the permit issuance or change in u·se). 11. If all or part of a fee imposed on an owner under this bylaw is due and payable on or before July 2 of a calendar year and remains unpaid after that date, the owner shall be subject to a penalty equal to 5% of the unpaid amount. If all or part of a fee imposed under this bylaw remains unpaid after September 30 of the calendar year in which the fee was imposed, the owner shall be subject to a further penalty equal to 5% of the then unpaid amount (excluding, for clarity, any fee not due and payable on or before September 30). 12. If all or part of any fee imposed on an owner under this bylaw that is due and payable before December 31 of a calendar year remains unpaid on December 31 of that calendar year, the outstanding amount is deemed to be taxes in arrear with respect to the parcel in respect of which the fee was imposed. 13. No person shall destroy, injure or tamper with any of the sewer works comprised in the · sewage system, including any manholes, valves, pipes, connections, the treatment of the sewage itself and any other things used for the purposes of the disposal of sewage, and no person or persons shall in any manner interfere or meddle with any such sewer works or make any additions or alterati~ns to any such sewer works without the express written approval of the Municipality. 14. Every person who contravenes a provision of this bylaw is guilty ofan offence and is liable on summary conviction to a fine not exceeding $10,000.00, costs of prosecution, and imprisonment for any time not exceeding si.x (6) months, and every offence under this bylaw is deemed to be a new and separate offence for each day during which it takes place. 15. If any section or lesser portion of this bylaw is held to be invalid by a Court, the invalid portions shall be severed from this bylaw and such invalidity shall not affect the remaining portions of the bylaw. I 6. The following bylaw is hereby repealed: "Sewer User Rates Bylaw No. 1640, 2003" GIVEN FIRST, SECOND and THIRD READINGS this Sll1 day of May, 2009. ADOPTED by the Council this 19th day of Ma.y; 2009. Signed Orig·inal on File Signed Original on Fne - - -- ... -·7 Ken Melamed, Shan·non Story, __) Mayor Corporate Officer I HEREBY CERTIFY that this is a true copy of "Sewer User fee Bybw No. 1&95, 2009. Shannon Story Man.ager of Legislative S emoes ., Amended by Bylaw No. 2476 SCHEDULE A SEWER USER FEES FLAT FEE 1 Single family residential and Bed & Breakfast 225.28 2 Duplex (not strata titled) i) first residential unit 225.28 ii) each additional unit 502.11 3 Duplex (strata titled), per strata lot 225.28 4 Apartment or Multiple Family Residential parcel (not strata titled) i) first residential unit 225.28 ii) each additional unit 502.11 5 Dormitory Housing (any housing unit with a gross floor area of 45 square meters or less located within a non-stratified building containing 10 or more such housing units and normally rented for continuous periods of 30 days or more) i) first residential unit 112.63 ii) each additional unit 249.71 6 Hotel or Motel (not strata titled) i) first residential unit 225.28 ii) each additional unit 502.11 7 Pension (not strata titled) i) first residential unit 112.63 ii) each additional unit 249.71 8 Pension - residential portion 225.28 9 Mobile home parks (not strata titled) i) first rental space 225.28 ii) each additional space 502.11 10 Trailer, Recreational Vehicles, Campgrounds each space 112.63 11 Apartment of Multiple Family Residential Parcel (strata titled), per strata lot 225.28 12 Hotel or Motel (strata titled), per strata lot 225.28 13 Mobile home parks (strata titled), per strata lot 225.28 14 Schools - each classroom 506.20 PER SQUARE FOOT 15 Public restrooms, Laundries, Laundromats, Car Washes, & Breweries 2.83 16 Restaurants, Bars, Lounges, Discotheques, Cabarets, Public Houses 1.35 17 Business, Commercial, Industrial, Hostels, Other 0.38 18 Pools, Aquatic Centres, Waterslides 0.38 PER CUBIC METRE 19 Metered rates (based on metered water volumes) First 6,000 cubic metres 1.48 Next 12,000 cubic metres 1.21 Next 24,000 cubic metres 0.94 Greater than 42,000 cubic metres 0.73 MINIMUM CHARGE 20 Minimum annual charge for a strata-titled unit, or the first unit in a non- strata building 166.92 21 Minimum annual charge for each additional dwelling unit in a non-strata building 445.13