2023-58 Sewer Utility Hookup Policy

Municipality of Rhineland, Manitoba

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MUNICIPALITY OF RHINELAND POLICY NO. 2023-58 Feb 2023 ADOPTED BY: Resolution No. 41/ 23 Last Updated: l DATE: February 8 2023 Page: 1 of 11 TITLE: Sewer Utility Hookup Policy Department: Public Works and Administration PURPOSE: The purpose of this shall be to establish the regulations for the hook up of all sewer utility connections within the Municipality of Rhineland. RATIONALE: To establish a structured system for the costs, responsibilities and maintenance of sewer utility connections within the Municipality of Rhineland. POLICY STATEMENT: The Municipality receives requests each year fromresidents for the connection of sewer utility. This policy will ensure consistency and fairness when handling requests. ADMINISTRATION AND PROCEDURES: General Information 1. The connection fee of $ 3,000.00 ( Three thousand dollars) for all sewer hookups must be prepaid at the Rhineland Municipal office prior to the commencement of any construction. Payment of the connection fee will only give the applicant the right to connect to the sewer System. In addition to the above, the sewer hookup applicant shall be responsible to retain the services of an approved licensed sewer works contractor, and pay for the actual cost of the hookup from the main sewer line to the building to be serviced. The Municipality may consider retaining the services of an approved licensed sewer works contractor on the applicant's behalf provided that the applicant pays 100% of the estimated service connection cost with the Municipality prior to installation. 2. The property owner will be required to enter into a sewer connection agreement with the Municipality outlining, among other things, the duties and responsibilities of both parties. ( See attached copy of agreement) 3. All sewer hookups shall be installed using the latest CSA approved curb stops, valves, service line, saddles and fittings and all materials used for the sewer connections must be approved by Municipality of Rhineland Public Works Director. 4. All sewer hookups shall be run to the building to be serviced using the most direct route possible. Council may consider allowing more than one ( 1) building to connect to the same sewer service hookup where the second building is located on the same property (certificateof title) and the second building is physically located in such a way that it makes sense to be serviced by the same sewer service hookup. The property owner will be responsible for all additional costs to service the second building including service line upsizing if required. 5. To protect the integrity of the sewer utility system, all sewer hookups and repairs must be done by an approved licensed sewer works contractor approved by the Municipality. 6. Sewer service charges shall be calculated on a per thousand gallon or CM basis using the quarterly consumption on the water meter. Rates shall be subject to Public Utilities Board approval. Low Pressure Sewer Connections I. Where Main Sewer Line runs past the Property to be Serviced The connection fee for all low- pressure sewer hookups where there is a main sewer line running past the property to be serviced is $ 3,000. 00 ( Three thousand Dollars). Payment of the connection fee will only give the applicant the right to connect to the low- pressure sewer system. In addition to the above, the sewer hookup applicant shall be responsible to retain the services of an approved licensed sewer works contractor, and pay for the actual cost of the hookup from the main sewer line to the building to be serviced. The Municipality may consider retaining the services of an approved licensed sewer works contractor on the applicant' s behalf provided that the applicant pays 100% of the estimated service connection cost with the Municipality prior to installation with the balance due and payable to the Municipality immediately upon completion of the installation. II. Where No Main Sewer Line runs past the Property to be serviced The connection fee for all sewer hookups in the rural area where an extension to the main sewer line is required to service the property shall be handled on a project by project basis. In areas where there is an opportunity to loop sewer lines or the potential for additional hookups in the future by extending the main sewer line, the Municipality may consider contributing to the project from the Sewer Utility' s Reserve Fund. The Municipality will also continue to seek Federal and Provincial Government Grants for Sewer Utility Infrastructure Projects as such funding becomes available. The availability on connections is determined by an agreement with the Town of Altona and must be approved by the Rhineland Council. The Municipality may consider applications for main sewer line extensions and/ or service connections where the applicant is either qualified to do the installation or has retained the services of an approved licensed sewer works contractor and the applicant is prepared to pay for the entire cost of the project. All such hookups shall be supervised by the Municipality' s approved waste water utility operator or Public Works Director. However, in such cases, the applicant will be required to pay the minimum $ 3,000. 00 ( Three thousand dollars) connection fee, and the negotiated cost to purchase the additional sewer hookup / hookups in the lagoon being charged by the Town of Altona, and the supervision time of the licensed waste water utility operator. 2 Local Urban District of Rosenfeld All new sewer hookups within the LUD of Rosenfeld will be negotiated on a case by case or project by project basis with the Rosenfeld Sanitation Co- op. New Residential or Commercial Multiple- Lot Subdivisions Sewer utility connection fees and infrastructure costs for any new residential or commercial multi- lot subdivisions shall be negotiated with the developer through the use of a development agreement. Repairs & Maintenance 1. All costs for future repairs from the main sewer line up to and including the curb stop shall be the responsibility of the sewer utility unless damaged due to the property owner' s negligence. 2. All costs for future repairs of the sewer line from the curb stop to the serviced building shall be the property owner' s responsibility. These repairs must be performed by an approved licensed sewer works contractor. 3. All costs for landscaping, lawn sod or re- seeding after the sewer hookup installation is completed are the responsibility of the property owner. Urban Sewer Connections I. Where Main Sewer Line runs past the Property to be Serviced The connection fee forall sewer hookups where there is a main sewer line running past the property to be serviced is $ 3,000. 00 ( Three thousand dollars). Payment of the connection fee will only give the applicant the right to connect to the sewer system. In addition to the above, the sewer hookup applicant shall be responsible to retain the services of an approved licensed sewer works contractor, and pay for the actual cost of the hookup from the main sewer line to the building to be serviced. The Municipality may consider retaining the services of an approved licensed sewer works contractor on the applicant' s behalf provided that the applicant pays 100% of the estimated service connection cost with the Municipality prior to installation with the balance due and payable to the Municipality immediately upon completion of the installation. II. Where No Main Sewer Line runs past the Property to be serviced The connection fee for all sewer hookups where an extension to the main sewer line is required to service the property shall be handled on a project by project basis. In areas where there is an opportunity to loop sewer lines or the potential for additional hookups in the future by extending the main sewer line, the Municipality may consider contributing to the project from the sewer utility' s reserve fund. The Municipality will also continue to seek Federal and Provincial Government Grants for sewer utility infrastructure projects as such funding becomes available. The Municipality may consider applications for main sewer line extensions and/ or service connections where the Applicant is either qualified to do the 3 installation or has retained the services of an approved licensed sewer works contractor and the applicant is prepared to pay for the entire cost of the project. All such hookups shall be supervised by the Municipality' s licensed waste water utility operator or Public Works Director. In such cases, the applicant will be required to pay the minimum $ 3,000. 00 ( Three thousand dollars) connection fee, and the supervision time of the licensed waste water utility operator. The Municipality may consider retaining the services of an approved licensed sewer works contractor on the applicant' s behalf provided that the applicant pays 100% of the estimated service connection cost with the Municipality prior to installation with the balance due and payable to the Municipality immediately upon completion of the installation. New Residential or Commercial Multiple- Lot Subdivisions Sewer utility connection fees and infrastructure costs for any new residential or commercial multi- lot subdivisions shall be negotiated with the developer through the use of a development agreement. Repairs & Maintenance 1. All costs for future repairs from the main sewer line up to and including the curb stop shall be the responsibility of the sewer utility unless damaged due to the property owner' s negligence. 2. All costs for future repairs of the sewer line from the curb stop to the serviced building shall be the property owner' s responsibility. These repairs must be performed by an approved licensed sewer works contractor. 3. All costs for landscaping, lawn sod or re- seeding after the sewer hookup installation is completed are the responsibility of the property owner. The Municipality of Rhineland Council may vary this policy or make considerations. 4 LOW PRESSURE SEWER CONNECTION AGREEMENT THIS AGREEMENT made in duplicate this ___ day of _____ , A.D. 20 __ BETWEEN: The Municipality of Rhineland Box 270 Altona, MB ROG OBO hereinafter called the "Municipality") of the First Part, and - Name of Property Owner/ s Box Altona, MB ROG OBO Civic Address: Legal Description: Lot Plan in the Section- Township- Range Certificate of Title:# ____ _ hereinafter called the "Property Owner") Of the Second Part. Definitions: LPS" means the Low-Pressure Sewer System outlined in red on the attached map. Property Owner' s Lands" means the lands legally described as Lot _ Plan in the Section- Township- Range and commonly known as ( Civic Address). Sewage" means the liquid or grey water portion normally associated with household Septic Systems. WHEREAS the Municipality constructed a Low-Pressure Sewer Line in 2010 and 2011 from the Altona Lagoon to the Village of Old Altona: AND WHEREAS the LPS is designed to service Property Owners in the Subdivision on Plan No. located in the wpm, existing Property Owners in existing Property Owners along the LPS route, and existing Property Owners currently connected to the Sewer System: AND WHEREAS the Municipality has set a Connection Fee of $ 3,000. 00 (Three thousand dollars) for all property owners who connect to the LPS; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the covenants and agreements hereinafter set forth, reserved and contained on the part of the Municipality and on the part of the property owners respectively, to be paid, observed and performed, the parties hereto covenant and agree as follows: ARTICLE I - PROPERTY OWNER' S DUTIES AND RESPONSIBILITIES 1.01 The property owner agrees to provide the Municipality with the $ 3,000. 00 Three thousand dollars) connection fee in conjunction with the signing of this agreement. Payment of the connection fee will only give the applicant the right to connect to 5 6 the low- pressure sewer system. In addition to the above, the sewer hookup applicant shall be responsible to retain the services of an approved licensed sewer works contractor, and pay for the actual cost of the hookup from the main sewer line to the building to be serviced. The Municipality may consider retaining the services of an approved licensed sewer works contractor on the applicant's behalf provided that the applicant deposits 50% of the estimated service connection cost with the Municipality prior to installation with the balance due and payable to the Municipality immediately upon completion of the installation. All costs for landscaping, lawn sod or re-seeding after the sewer hookup installation is completed are the responsibility of the property owner. 1.02 The property owner agrees to re-route any drain tile, eaves trough or any other drainage device that is not considered normal household " Sewage" to a sump pit or other acceptable form of drainage so that it does not enter the LPS. The property owner is responsible for any costs associated with the above and this must be completed before a connection to the LPS will be permitted. 1.03 The property owner is responsible for any costs associated with having their existing septic tank cleaned out and this must be competed immediately prior to connecting to the LPS. Furthermore, the property owner is responsible for any repair or replacement costs if their existing septic tank is found to be damaged or defective. 1.04 The property owner is aware that a new sewer pump must be installed as specified by the LPS Project Engineer ( example: Monarch BE-S75 ¾ HP above ground pump - approved equal to originally specified Berkley ECC55010MB ½ HP above ground pump) or specified STA-Rite EC750 ½ HP submersible pump). The property owner understands that if the sewer pump requires replacement in the future, the new sewer pump will be required to meet original specifications so as to maintain the integrity of the LPS. The Municipality will negotiate with the LPS Project plumbing contractor to stock or have available on short notice a specified sewer pump for emergency replacement purposes. 1.05 The property owner is responsible for the cost of installing a septic tank alarm to provide notification if there is a sewer pump failure or some other unforeseen event that causes the septic tank to overfill, which may lead to a sewer backup. 1.06 The property owner will be required to pay a quarterly service charge approved by the Public Utilities Board for using the LPS. 1.07 The property owner agrees to provide access to their property to the LPS Project contractor during the initial installation of all required materials and equipment for their sewer connection up until the contractor's LPS project warranty period expires. 1.08 The property owner agrees to provide access to their property to the septic hauling contractor whose services are retained by the Municipality for the annual septic tank cleanout. In the event that the aforementioned access is denied, the Municipality may, at their discretion and in compliance with any Public Utilities Board Regulations, turn-off the LPS connection curb- stop until the property owner grants the required access. 1.09 The property owner is responsible for any repair or maintenance costs to the LPS from the sewer line curb stop located on their property line to the residence or building being serviced by the LPS after the LPS project contractor's warranty period expires. 7 1.10 The property owner is responsible for any additional costs of changing the existing sewer sump setup including electrical upgrades if required to facilitate connection to the LPS. 1.11 If the residence or building being serviced by the LPS has floor heat piping, and the Property Owner requests that the LPS service line be installed into the residence or building, the Property Owner will be responsible for any damages that may occur to the floor heat piping as a result of the LPS service line installation. 1.12 If the property being connected to the LPS is being leased or rented, the Property Owner is responsible both to ensure that the Tenant complies with the conditions contained in this Agreement and to provide the Tenant with a written copy of this Agreement. ARTICLE II - MUNICIPALITY' S DUTIES & RESPONSIBILITIES 2.01 The Municipality will be responsible for any repair or maintenance costs to the LPS including all main sewer lines, associated valves, flush- outs and sewer line curb stops after the LPS project contractor's warranty period expires. 2.02 The Municipality will be responsible to submit the appropriate documentation to the Public Utilities Board for the approval of the quarterly service charge rates sufficient to meet the operating costs of the LPS. 2.03 The Municipality will be responsible to retain the services of a septic hauling contractor and pay the costs for the annual pump out of all septic tanks connected to the LPS. 2.04 The Municipality will be responsible to pay all LPS project finance costs in excess of net connection fees. It is anticipated that these costs will be recovered through future connection fees. 2.05 The Municipality will be responsible for operating the LPS as a sewer utility in accordance with the Public Utilities Board regulations and in compliance with any other applicable Provincial regulations and requirements. ARTICLE III - EASEMENTS 3.01 The property owner hereby grants and conveys to the Municipality in perpetuity, the right and easement to enter upon and use that portion of the property owner's land hereinafter described as the "Easement Area" and the right to do all things necessary thereon to annually clean out the septic tank and to construct, maintain, inspect, repair, replace and/ or remove a sewer connection and appurtenances thereto, ( herein called " the works") in the Easement Area and for every such purpose grants and conveys to the Municipality the right of access to the Easement Area over and across the property owner' s land ( herein called the " Property Owner' s Land") at all times by its servants, agents and employees or other persons acting with its authorization. 3.02 The property owner covenants and agrees with the Municipality that the easement and rights hereby granted shall run with the property owner' s land and shall enure to the benefit of the Municipality, its successors and assigns and shall be binding upon the property owner, its successors and assigns and the property owner' s successors in the title of the property owner' s land or any part thereof. 3. 03 The property owner hereby agrees that the rights, licenses and easements hereby granted shall be exercisable forthwith and at any and all times hereafter by the Municipality and its servants, agents and employees in any manner, freeand without charge. ARTICLE IV - GENERAL 4.01 Preamble The Preamble to this agreement shall be incorporated into and forms part of this agreement. 4.02 Successors Bound These presents and everything herein contained shall ensure to the benefit of and be binding upon the Municipality, their heirs, successors and assigns, and on the property owners and their successors and assigns. 4.03 Headings The headings appearing in this agreement are inserted only as a matter of convenience and in no way, define, limit or describe the scope or intent of this agreement or any part thereof. 4.04 Applicable Law The provisions of this agreement shall be interpreted according to the laws of the Province of Manitoba. 4.05 Amendments This agreement shall not be modified or amended except by an instrument in writing signed by the parties hereto or their successors or assigns. IN WITNESS WHEREOF the parties hereto have executed this agreement as of the day and year firstabove written. SIGNED Property Owner/ Owners IN WITNESS WHEREOF The Municipality of Rhineland has hereunto caused its corporate seal to be affixed, duly attested to by the hands of its proper officerson that behalf, this day of , A.D. 20_. SIGNED The Municipality of Rhineland CAO/ CDO 8 SEWER CONNECTION AGREEMENT THIS AGREEMENT made in duplicate this ___ day of _____ , A.D. 20 __ BETWEEN: The Municipality of Rhineland Box 270 Altona, MB ROG OBO Hereinafter called the "Municipality") Of the First Part, And - Name of Property Owner/ s Box MB ROG Civic Address: Legal Description: Lot Plan in the Section- Township- Range Certificate of Title:# ____ _ Hereinafter called the "Property Owner") Of the Second Part. Definitions: Sewer System" means the Sewer System outlined in red on the attached map. Property Owner' s Lands" means the lands legally described as Lot _ Plan in the Section- Township- Range and commonly known as ( Civic Address). Sewage" means the liquid or grey water and waste normally associated with household septic systems. WHEREAS a connection fee has been established for the LUD of __________ _ AND WHEREAS the Municipality has set a connection fee of $ 3,000. 00 (Three thousand dollars) for all Property owners who connect to the sewer system; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the covenants and agreements hereinafter set forth, reserved and contained on the part of the Municipality and on the part of the Property owners respectively, to be paid, observed and performed, the parties hereto covenant and agree as follows: ARTICLE I - PROPERTY OWNER' S DUTIES AND RESPONSIBILITIES 1. 02 The property owner agrees to provide the Municipality with the $ 3,000. 00 Three thousand dollars) connection fee in conjunction with the signing of this agreement. Payment of the connection fee will only give the applicant the right to connect to the sewer system. In addition to the above, the sewer hookup applicant shall be responsible to retain the services of an approved licensed sewer works contractor, and pay for the actual cost of the hookup from the main sewer line to the building to be serviced. The Municipality may consider retaining the services of an approved licensed sewer works contractor on the Applicants behalf provided that the applicant pays 100% of the estimated service connection cost with the Municipality prior to installation with the balance due and payable to the 9 10 Municipality immediately upon completion of the installation. All costs for landscaping, lawn sod or re- seeding after the sewer hookup installation is completed are the responsibility of the Property owner. 1.02 The property owner agrees to re-route any drain tile, eaves trough or any other drainage device that is not considered normal household " Sewage" to a sump pit or other acceptable form of drainage so that it does not enter the sewer system. The property owner is responsible for any costs associated with the above and this must be completed before a connection to the sewer system will be permitted. 1.03 The property owner will be required to pay the quarterly service charge approved by the Public Utilities Board for using the sewer system based on CM/ Gallons used. 1.04 The property owner agrees to provide access to their property to the project contractor during the initial installation of all required materials and equipment for their sewer connection up until the contractor's project warranty period expires. 1.05 The property owner is responsible for any repair or maintenance costs to the sewer system from the sewer line curb stop located on their property line to the residence or building being serviced by the sewer system after the contractor's project warranty period expires. ARTICLE II - MUNICIPALITY' S DUTIES & RESPONSIBILITIES 2.01 The Municipality will be responsible for any repair or maintenance costs to the sewer system including all main sewer lines, associated valves, flush-outs and sewer line curb stops after the contractor's project warranty period expires. 2.02 The Municipality will be responsible to submit the appropriate documentation to the Public Utilities Board for the approval of the quarterly service charge rates sufficient to meet the operating costs of the sewer system. 2.03 The Municipality will be responsible for operating the sewer utility in accordance with the Public Utilities Board regulations and in compliance with any other applicable Provincial regulations and requirements. ARTICLE III - EASEMENTS 3.01 The property owner hereby grants and conveys to the Municipality in perpetuity, the right and easement to enter upon and use that portion of the property owner' s land hereinafter described as the " Easement Area" and the right to do all things necessary thereon to annually construct, maintain, inspect, repair, replace and/ or remove a sewer connection and appurtenances thereto, ( herein called " the works") in the Easement Area and for every such purpose grants and conveys to the Municipality the right of access to the Easement Area over and across the property owner' s land ( herein called the " Property owner' s Land") at all times by its servants, agents and employees or other persons acting with its authorization. 3.04 The property owner covenants and agrees with the Municipality that the easement and rights hereby granted shall run with the property owner' s land and shall enure to the benefit of the Municipality, its successors and assigns and shall be binding upon the property owner, its successors and assigns and the property owner' s successors in the title of the property owner's land or any part thereof. 3. 05 The property owner hereby agrees that the rights, licenses and easements hereby granted shall be exercisable forthwith and at any and all times hereafter by the Municipality and its servants, agents and employees in any manner, free and without charge. ARTICLE IV - GENERAL 4.01 Preamble The Preamble to this Agreement shall be incorporated into and forms part of this Agreement. 4.02 Successors Bound These presents and everything herein contained shall ensure to the benefit of and be binding upon the Municipality, their heirs, successors and assigns, and on the property owners and their successors and assigns. 4.03 Headings The headings appearing in this agreement are inserted only as a matter of convenience and in no way, define, limit or describe the scope or intent of this Agreement or any part thereof. 4.04 Applicable Law The provisions of this agreement shall be interpreted according to the laws of the Province of Manitoba. 4.05 Amendments This agreement shall not be modified or amended except by an instrument in writing signed by the parties hereto or their successors or assigns. IN WITNESS WHEREOF the parties hereto have executed this agreement as of the day and year firstabove written. SIGNED, Property owner/ Owners IN WITNESS WHEREOF The Municipality of Rhineland has hereunto caused its corporate seal to be affixed, duly attested to by the hands of its proper officers on that behalf, this day of , A.D. 20_. SIGNED The Municipality of Rhineland CAO/ CDO