By-Law 1-18: Water By-law (Consolidated November 12, 2019) — full text

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BY-LAW 1-18 WATER BY-LAW The Council of Rothesay, under authority vested in it by Section 117 of the Local Governance Act S.N.B. (2017), Chapter 18, and amendments thereto, hereby enacts as follows: TITLE 1. This By-law may be cited as the "Water By-law". DEFINITIONS 2. In this By-law, unless otherwise stated: a) "Commercial unit" means a separate set of quarters used for other than residential purposes with a private entrance from outside the premises or from a common hallway or stairway inside; b) "Committee" means the Works and Utilities Committee of Rothesay, as appointed by the Council; c) "Council" means the Mayor and Council of Rothesay; d) "Dwelling unit" means a separate set of residential quarters with a private entrance from outside the premises or from a common hallway or stairway inside; e) "Engineer" means the Town Engineer or their designate; f) "Equivalent User Units" means the rate at which non-single family residential users and commercial users are charged for maintenance, construction, and use of the water system; calculated with an average residential household as the base single unit; g) "Fire Department" means the Kennebecasis Valley Fire Department Inc.; h) "Industrial unit" means an area of land with or without buildings or structures on which activities take place pertaining to industry, manufacturing, commerce, trade, business, or institutions as distinguished from domestic dwellings; i) "Institutional unit" means an area of land with or without buildings or structures on which activities take place pertaining to public or non-profit purposes, and without limiting the generality of the foregoing, may include such uses as schools, places of worship, indoor recreation facilities, community centres, public hospitals, and government buildings; j) "May" is construed as permissive; CONSOLIDATED 12 November 2019 ROTHESAY By-law 1-18 2 Consolidated Water By-law k) "Meter" means a cold water measuring device calibrated in cubic metres owned and operated by the Town; l) "Owner" means the person in whose name the property is assessed under the Assessment Act, Chapter A-14, R.S.N.B. (1973) and amendments thereto, and includes executors, administrators, and assigns of such person; m) "Person" means any individual, partnership, company, public or private corporation, or agency of the Province of New Brunswick, agency or any other legal entity; n) "Premises" means a building, which may contain one or more dwelling unit, institutional unit, industrial unit, and/or commercial unit, connected to the water system of the Town by a single service connection to each system; o) "Roadway" means that portion of a Rothesay street between the curb lines or the travelled portion of a street designed for vehicular traffic and, except where the context indicates otherwise, includes a crosswalk; p) "Rothesay Main Water" or "Rothesay Main Water System" means the water system for that area within the municipal boundary having its source of water supply from the Carpenters' Pond Watershed and such other sources as may be developed from time to time; q) "Service Connection" means any piping system that conveys water from a water main to any premises; r) "Shall" is construed as being mandatory; s) "Specifications for Developers" means the standards entitled "Rothesay Standard Front End Specifications", adopted by the municipality as a minimum standard for new construction of streets and services within the Town (Amendment: By-law 1-18-1 November 12, 2019); t) "Street" means a Rothesay street, highway, road, lane, sidewalk, thoroughfare, bridge, square and the curbs, gutters, culverts, and retaining walls in connection therewith and, without restricting the generality of the foregoing, includes the full width of the right-of- way; u) "Town" means the town of Rothesay or the area contained within its municipal boundaries as the context requires; v) "Water" and "Water Supply" means the water supplied to consumers for the purposes herein specified; ROTHESAY By-law 1-18 3 Consolidated Water By-law w) "Water System" means all of the property involved in the operation of the Rothesay water utility and watershed; including all land, wells, water lines and appurtenances, treatment plants, reservoirs, pumping stations, buildings and structures, and general property; x) "Water User Charge" means the amount charged for maintenance, construction, and operation of the water system. y) "Residential Apartment Complex" means any residentially zoned building which includes more than two separate dwelling units. 2.1 In this By-law where the context requires, the singular shall be taken to also mean the plural and references to the male or female gender shall be taken to include the other. 3. COMMITTEE 3.1 The Works and Utilities Committee shall be appointed in accordance with the Rothesay Procedural By-law 3.2 Council may refer any matter related to the water utility to the Works and Utilities Committee for comment and the Committee shall provide Council with a written response to any matter referred by Council. 4. WATER SYSTEM 4.1 Water shall not be furnished for any purpose other than domestic and fire protection purposes when, in the opinion of Council or the Engineer, the quality or efficiency of the water supply for domestic and fire protection purposes within the Town would thereby be impaired. 4.2 (a) The Town may, subject to the foregoing limitations, furnish water for purposes other than domestic and fire protection under an agreement in writing that the water supply may be discontinued temporarily or permanently by Council. (b) When a development has been approved that includes a car wash facility, a recycle component shall be installed, operated, and maintained as part of the system, with a capacity to reclaim a minimum of 40 percent and further shall be subject to Town approval. 4.3 Unless otherwise authorized by Council or the Engineer, the water supply to any premises shall be measured by a water meter, as regulated under Section 5 of this By-law. ROTHESAY By-law 1-18 4 Consolidated Water By-law 4.4 The water supply shall be regularly tested in accordance with the Clean Water Act, R.S.N.B. (1973) Chapter C-6.1 and amendments thereto, and Approvals to Operate issued from time to time. 4.5 The locations, elevations, materials, and methods of installation for all public and private water mains, service pipes, and appurtenances shall be approved by the Engineer prior and after construction. 4.6 The Owner shall use construction methods which safeguard the public and private property and work shall be carried out in strict compliance with the Occupational Health and Safety Act, R.S.N.B. (1983), Chapter O-0.2 as amended. 4.7 No person, being an Owner, tenant, or occupant of a house, building, or other place within the Town supplied with water by the Town shall, without permission of Council or the Engineer: (a) lend or sell the water; (b) give water away or permit it to be taken or carried; or (c) use or apply it to the use or benefit of any other person. 4.8 The Town shall not be liable for any damage or injury caused or done by reason of the interruption of water supply, water system operation, water pressure or its variation, or drawing of a vacuum on the water system. 4.9 No person other than designated Town staff shall open or in any way interfere with any hydrant or valve in the Town; or in the case of Fire Department use, the Fire Chief or their designate. 4.10 The Engineer shall have right of access to all parts of an Owner's property or premises at all reasonable hours for the purpose of inspecting any water pipes, fittings or appliances. The Town shall have the right to suspend water service to any Owner who refuses such access or does not respond to requests by the Engineer for such access. 4.11 Water supply may be refused or discontinued at any time for: a) non-payment of water user charges; b) non-payment of a water connection charge; c) non-payment of any repair or maintenance related charge; d) failure, in the opinion of the Engineer, of the plumbing, pipes, fittings, vents, fixtures, or other related devices on the premises necessary to comply with the requirements of this By-law or if any part of the water system of such premises is in any way unsuitable, dirty, unsanitary, or in an inaccessible place; e) violation of any provision of this By-law; f) the convenience of, and at the request of, the Owner and occupier of the premises; or g) use above quarterly limit of 800 cubic meters per quarter. ROTHESAY By-law 1-18 5 Consolidated Water By-law 4.12 Where a water supply has been discontinued under Section 4.11, the Owner shall pay a disconnection fee, together with any amount in arrears and furthermore, a reconnection fee shall be paid before such supply will be restored. Said fees are outlined in Schedule "E". 4.13 No connection shall be made to the water system for the purpose of taking water therefrom except under the direct supervision of the Engineer. 4.14 Where maintenance of a sprinkler system or other fire fighting system requires the removal of unmetered water from the water system, the Owner shall obtain prior permission from the Engineer and shall notify the Fire Department dispatch personnel. 4.15 Any owner of a commercial property, institutional property or residential apartment complex situated on land abutting a street, right-of-way, or public place in which there is a watermain shall connect to the main in a manner approved by the Town and use such watermain as its sole source of water, with the following exception: Where an Owner of a Residential Apartment Complex established prior to 1 January 1998 has provided proof of a clean, safe, and reliable supply of potable water as required by Appendix "A", the requirements set out in the preceding paragraph and Section 7.6.1(d) are not applicable. Appendix "A" may be amended from time to time by resolution of Council. (Amendment: By-law 1-18-1 November 12, 2019) 4.16 No person shall make a connection to any water main of the Town unless a permit has been issued pursuant to this By-law, in the form as set out in Schedule "A". All installations shall be in accordance with the requirements of the "Specifications For Developers" subject to inspection by the Engineer. 4.17 Water shall not be supplied from the water system to any Owner's water system unless the Owner's water system and related plumbing is protected from frost and is approved by the Engineer and all costs and expenses incident to the installation and connection to the water system shall be borne by the Owner. 4.18 Every service connection to a premise shall have a stop drain shut-off valve, of a type approved by the Engineer, in an accessible position immediately inside the wall of the premises at the service entrance. 4.19 When an Owner's water system is found to have been installed in an unsatisfactory manner or in a manner insufficiently strong to resist the pressure to which it may be subjected or where water service pipes are not sufficiently protected from frost or where a person supplied with water has violated any provision of this By-law, the Engineer may direct that the water supply be discontinued until such Owner's water system is properly installed and approved and the person supplied has complied with the provisions of this By-law. ROTHESAY By-law 1-18 6 Consolidated Water By-law 4.20 Where an Owner's water system requires a pressure reducing valve to control excess pressures, such valve, installation, and related costs shall be the responsibility of the Owner, with said installation subject to approval of the Engineer. 4.21 No Owner or other person shall connect, cause to be connected, or allow to remain connected, any piping, fixture, fitting, container, or appliance, in a manner that, under any circumstances, could allow water, waste water, or any other substance to enter the Town's water system. The determination of whether or not such condition exists shall be made solely by the Engineer. 4.22 No person shall connect any of the following to a service connection, or a line connected to a service connection, without obtaining a permit from the Engineer: a) a booster pump; b) a quick opening or quick closing valve; c) a flush valve; d) a heat pump; e) a standpipe; f) a large outlet which may occasion sudden large demands of short or long duration thereby requiring oversize pipe lines; or g) any device which may affect the stability or regulation of water pressure in the water system. 4.23 An application for a permit to install a device such as described in Section 4.22 shall be made in the form as set out in Schedule "B" and shall be accompanied by plans and specifications and such other information as required by the Engineer to properly describe the work. 4.24 If a condition is found to exist which in the opinion of the Council or the Engineer, is contrary to Sections 4.21, 4.22, or 4.23 hereof, Council may either: a) shut off the service or services; or b) give notice to the Owner to correct the fault within a specified period. 4.25 No person shall allow an alternate source of water supply to be connected to the water system. 4.26 In all new construction, where water hose connections are installed for purposes other than fire protection, such hose connections shall be fitted with atmospheric vacuum breakers. 4.27 Water services shall be discontinued by resolution of Council to any premises declared unfit for human occupation. ROTHESAY By-law 1-18 7 Consolidated Water By-law 5. METERED WATER 5.1 All water meters installed by the Town or for the Town are and shall remain the property of the Town. 5.2 The rental of the water meter shall be a one-time charge, payable in one payment or quarterly for a period of five years, in accordance with the rates as outlined in Schedule "E". 5.3 All new construction within the Town, where services are available, shall be required to have a water meter installed prior to activation or delivery of any water to the premises. Said installation shall be in accordance with the Standards and Requirements as set out in Schedule "C". 5.4 Where the premises are connected to a private distribution system, the Owner shall provide for a metering vault. 5.5 Every Owner shall provide a place for a water meter which, in the opinion of the Engineer, is suitably located within the building at or near the point of entry of the water service pipe and on the Owner side of the shut-off valve, so the meter can be easily read and will not be exposed to freezing temperatures. 5.6 Every Owner shall provide a place for a remote meter reading device (outside register) that shall be located on the exterior of the building. This remote meter reading device shall be connected to the meter by means of a wire conductor. 5.7 Where the premises of an Owner are of such a nature that a meter cannot be properly installed in a building, or if the building is not sufficiently frost proof as to guarantee the safety of the meter, the Engineer may order the Owner to construct an approved frost proof chamber in which the meter can be installed. 5.8 Where the required meter is larger than 20 millimetres nominal pipe diameter, or services more than one above ground floor, it shall be valved on both sides. Where the required meter is larger than 20 millimetres nominal pipe diameter, or where the required meter is a turbine type, or compound type, the Owner shall provide a valved bypass arrangement, designed and installed to the satisfaction of the Engineer, to enable testing and servicing of the meter. 5.9 The Engineer shall have right of access to all parts of an Owner's property or premises at all reasonable hours for the purpose of installing, removing, repairing, reading, testing, or inspecting meters or outside registers. The Town shall have the right to suspend water service to any Owner who refuses such access or does not respond to requests by the Engineer for such access. 5.10 No person shall remove or in any way interfere with any water meter affixed to a water service of the Town without approval of the Engineer. ROTHESAY By-law 1-18 8 Consolidated Water By-law 5.11 The Owner shall be responsible for the meter on their service pipe and shall protect such water meter. The Owner shall be liable for any damage to the meter or outside register resulting from carelessness, hot water, steam, or the action of frost or any other cause not the fault of the Town or its agents and employees. The cost to the Town occasioned by the damage to the water meter or outside register shall be paid by the Owner. If, after the rendering of an invoice by the Town to the Owner for the cost, the invoice is not paid within thirty (30) days from the date rendered, the supply of water to the premises may be suspended until all charges are paid. 5.12 Meters shall be read every quarter and the water user charge shall be invoiced in accordance with Section 7 of this By-law. 5.13 Where an Owner requests a Town-owned water meter be tested for accuracy, a fee, as outlined in Schedule "E", shall be paid prior to the test being conducted. Such fee may be refundable only if the tested meter is found to register volumes higher by more than four percent (4%) of the standard test. The meter shall be tested by an independent, certified testing service in accordance with the "Statement of Standard Procedure, Settlement of Disputes", as set out in Schedule "D". 5.14 Where an Owner, or an Owner's agent, requests that the water meter be read at any time other than the time that it is normally read, the Owner shall be liable to pay a fee, as outlined in Schedule "E". 6. MAINTENANCE AND BLOCKAGE 6.1 The main line of the water system shall be maintained and operated by the Town. 6.2 The service connection from and including the curb stop at the property line to the main line of the water system shall be maintained and operated by the Town. 6.3 The service connection from but NOT including the curb stop at the property line to the building, and all fixtures, piping, and appurtenances within the building shall be maintained and operated by the Owner. 7. RATES 7.1 Every Owner of land on which any building is situated that: (a) fronts on any street, right-of-way or highway in which a water line is situated; (b) fronts on any right-of-way, which connects to a street or highway in which a water line is situated; or (c) Council has ordered connected to a water system; shall pay to the Town a "Water User Charge" for the construction, operation, and maintenance of the water system of the Town, as outlined in Schedule "E". ROTHESAY By-law 1-18 9 Consolidated Water By-law 7.2 The "Water User Charge" shall be comprised of: (a) a fixed charge that shall be billed to each Owner of property connected to, or who has access to the system; (b) a consumption charge based on the volume of water recorded by the meter on the service or as estimated in a manner approved by Council; and (c) an annual stand-by charge for such buildings that are connected to the Town water system and are equipped with water sprinkler systems. 7.3 The fixed charge portion of the "Water User Charge" shall be set in accordance with the meter size and shall be reviewed periodically and approved by Council. Consumption rates per cubic meter and the annual stand-by charge shall be as outlined in Schedule "E". 7.4 The "Water User Charge" shall be invoiced quarterly, including the fixed charge and consumption charge. 7.5 Owners who choose not to connect to the water system, when access to the system is available, shall be invoiced the fixed charge portion of the "Water User Charge". 7.6 The water user charge payable by the Owner shall be paid to the Town on or before the end of the calendar month next following the date the invoice is mailed to such Owner and shall be payable whether or not the invoice is received by the Owner. If the account is not paid in full, the amount owing to the Town shall bear interest at a rate as outlined in Schedule "E" and such rate of interest shall be set forth on the invoice. A fee shall be charged to the account for "NSF" cheques, as outlined in Schedule "E". 7.6.1(a)Where recommended by the Committee, the Town Manager may authorize a payment schedule for any account with an outstanding balance that includes at least five hundred dollars that is in arrears for longer than one year. (i) Such payment schedule may be for a period of no longer than 24 months and shall provide for payment of the outstanding balance including interest accrued to the date of the payment schedule as well as estimates of the new charges that would accrue during the payment period. The payment schedule may provide that, should the Owner make all payments due in accordance with the payment schedule, interest that would otherwise accrue on the outstanding balance during the payment period will be waived. (ii) In exceptional circumstances and with the approval of Council, a payment schedule may exceed 24 months. (b)Where the Owner fails to make any payment by the date specified in the payment schedule, the full amount will become due and payable forthwith, including interest compounded in the normal fashion as if no payment schedule had ever been approved. ROTHESAY By-law 1-18 10 Consolidated Water By-law (c)An Owner remains obligated to pay to the Town actual new charges incurred during the payment period and not merely estimates that may have been included in a payment schedule. (d)For Commercial properties, Institutional properties and Residential Apartment Complexes, with the exception of Residential Apartment Complexes established prior to 1 January 1998 as described in Section 4.15, the following User Class Structure and payment schedule applies: REVISION: Amendment By-law 1-18-1 November 12, 2019 (paragraph added) Class A) existing properties where water is available but not currently used: o connection to the water system required on or before March 31, 2022; o connection permit fee due at the start of construction; o water system access fee payable in 40 equal quarterly instalments starting in the first quarter of water use but not later than June 30, 2022 o the Town is responsible for the cost and installation of service from the main line to the residents property line (i.e. to the "curb stop") o water meter rental charges payable over 5 years o interest will be charged on payments in arrears Class B) existing properties where water is not currently available but could be installed in future:  connection to the water system required on or before September 30 of the year following installation of the water line (i.e. the end of the next construction season)  connection permit fee due at the start of construction  water system access fee payable in 40 equal quarterly instalments starting in the first quarter of water use but not later than Sept. 30th  the Town is responsible for the cost and installation of service from the main line to the residents property line (i.e. to the "curb stop")  water meter rental charges payable over 5 years  interest will be charged on payments in arrears Class C) new construction where water is available: o no proposed changes (ie. All fees are payable upon issuances of the connection permit unless as otherwise recommended by the Committee and approved by resolution of Council.) (Amendment: By-law 1-18-1 November 12, 2019) ROTHESAY By-law 1-18 11 Consolidated Water By-law 7.7 If the account or any part thereof remains unpaid at the end of the period hereinbefore mentioned, the Town may sue in its own name to recover the balance owing, including interest, as if the said amount were a debt due from the Owner to the Town. 7.8 After ten days notice in writing has been given to an Owner who is in arrears, which notice may be given by registered mail addressed to the Owner, postage prepaid, and without prejudice to any other rights which the Town may have, the Town may disconnect service to the property until such time as the account and the entire cost of disconnecting and reconnecting the service have been paid in full or arrangements for payment satisfactory to Council and approved in writing by the Town Manager have been made by the Owner. 7.9 For the purposes of this By-law, a water line has been installed when the Engineer has certified to Council that the system or project of which the water line forms part is substantially complete. 7.10 Water user charges shall be levied on the Owners of all properties liable to pay the same commencing at the beginning of the calendar year following the year in which a water line has been installed or the year in which a building on the property has been connected to the water system, whichever is earlier. SYSTEM ACCESS FEES 7.11 Every person connecting to the water system shall pay a meter connection permit fee and water system access fee as outlined in Schedule "E". The fees shall include all inspection fees and charges associated with processing of the application, control and enforcement of "Specifications for Developers" and shall be paid in full prior to the issuance of a building permit, unless as otherwise recommended by the Committee and approved by resolution of Council. (Amendment: By-law 1-18-1 November 12, 2019) 7.11.1 The Engineer, following standard practices and engineering principles, shall have discretion as to the size of the meter required. 7.12 The meter connection permit fee and water system access fee bear interest and may be collected in the same manner as the water user charge hereinbefore mentioned. 7.13 Nothing in this By-law makes the Town responsible for any part of a water connection that is not in a public street, right-of-way, highway, or water easement. ROTHESAY By-law 1-18 12 Consolidated Water By-law 8. PENALTIES 8.1 Any person found violating any provision of this By-law or who suffers or permits any act or thing to be done in contravention or violation of any provision thereof, or neglects or fails to do any act or thing herein required, is liable to a fine as may be imposed for commission of an offence punishable under Part II of the Provincial Offences Procedure Act, R.S.N.B. (1973), Chapter P-22.1, and amendments thereto, as a Category C offence. 8.2 The provisions of Sections 7 and 8 are cumulative and optional and one or more of the remedies provided to the Town may be undertaken simultaneously at the option of the Town. 9. SEVERABILITY If any part of this By-law shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this By-law. 10. BY-LAWS REPEALED By-law 7-04 relating to the Rothesay water system is hereby repealed. 11. EFFECTIVE DATE This By-law comes into effect on 31 March 2019. FIRST READING BY TITLE : 10 December 2018 SECOND READING BY TITLE : 14 January 2019 READ BY SECTION NUMBER : (Advertised as to content on the Rothesay website in accordance with Local Governance Act S.N.B. (2017) Chapter 18) 13 December 2018 THIRD READING BY TITLE AND ENACTED : 14 January 2019 CONSOLIDATED with By-law 1-18-1 : 12 November 2019 Original signed by Mayor Original signed by Clerk MAYOR CLERK ROTHESAY CONNECTIONAPPLICATION ROTHESAY WATER SYSTEM Schedule "A" The undersigned hereby applies/apply to connect the following property (the "property") to the Rothesay Water System. PROPERTY OWNER(S): PHONE: (Home) -(Business) PROPERTY LOCATION: Civic: TYPE OF BUILDING: PURPOSE: PROPOSED DATE OF HOOK-UP: 1. I/We represent that I am/we are the legal owners of the property. P1 D# 2. I/We hereby grant to the Town Engineer or his authorized agent the right to enter the property for the purpose of inspection of the Water Service. 3. I/We hereby agree to abide by and be subject to all the terms and conditions set forth in By-Law 1-18, "Water By-Law" and, in particular, I/we agree to pay the Town the water user rates and charges that may be set from time to time pursuant to the Water By-Law. 4. This agreement shall be binding on me/us and my/our successors and assigns. I/We are aware of the requirements of Rothesay Building By-Law 4-99, and amendments thereto, and my/our responsibilities thereunder, and I/we agree to use the above structure for the purpose stated only. I/We are aware construction methods used must safeguard public and private properly and must be carried out in strict compliance with the Occupational Health and Safety Act, .S.N.B. (1983), Chapter 0-0.2 as amended. I/We agree to permit and facilitate observation ofthe work covered under this Permit by the Building Inspector andpublic authorities at all times. Signature of Property Owner Signature of Property Owner DATE:_____ Permit Fee: $ APPROVED FOR CONSTRUCTION Permit Number Per Connection Fee: $ Date By-Law 1-18 Schedule "A" ROTHESAY DEVICE INSTALLATION APPLICATION ROTHESAY WATER SYSTEM Schedule "B" PROPERTY OWNER(S): PHONE: (Home)______________________ PROPERTY LOCATION: Civic:___________ TYPE OF DEVICE (Please check appropriate box) (Business) P1 D# REASON: Water pressure at outside tap (if required): INSPECTED BY:__________________ DATE: APPROVED FOR INSTALLATION Permit Number Per Date O\-I (9 By-Law 1-18 Schedule "B" Booster pump Quick opening/quick closing valve flush valve heat pump standpipe large outlet (as described in By-law 1-18, Water By-Law) Other (please specify) ROTHESAY STANDARDS & REQUIREMENTS for NEW CONSTRUCTION Schedule "C" BE IT RESOLVED THAT: 1) only a Sensus SR type Cold Water Meter or an Engineer-approved equal shall be installed, complete with a remote touchpad readout located on the exterior of the building, with said meter and remote readout supplied by the town of Rothesay at the time of application for a Building Permit and all associated installation costs borne by the property owner; 2) the following standard specifications shall apply as if written out in full herein and references to standards or codes shall mean the latest edition of such publication adopted and published at the date of application to connect to the water system: CANADIAN PLUMBING CODE CANADIAN STANDARDS ASSOCIATION AMERICAN WATER WORKS ASSOCIATION AMERICAN SOCIETY FOR TESTING MATERIALS 3) the following construction methods shall be followed: 3.1 METERS: The property owner shall ensure the installation of the meter and associated equipment by a qualified licensed plumber and all meters shall be installed in a horizontal position with the register side facing upwards. 3.2 FLUSHING: The inlet line shall be flushed prior to the installation of the water meter. 3.3 PLACING INTO OPERATION: The property owner shall open the inlet shut-off valve slowly to allow the water meter to fill and trapped air to escape. 3.4 LEAK TEST: All joints shall be leak tested and checked after the meter is placed into operation. 3.5 REMOTE READOUT: The remote readout shall be installed on the exterior of the building on the driveway side of the building. 3.6 WIRING: The property owner shall supply and install 18 gauge two conductor bell wire for use in connecting the meter with the exterior remote touchpad. 3.7 VALVES: The property owner shall ensure the meter is isolated on either side of the meter. 3.8 INSPECTION: The property owner shall permit and facilitate observation of the work by the town of Rothesay and its agents and public authorities at all times. By-Law 1-18 Schedule "C" Settlement of Disputes ROTHESAY STATEMENT OF STANDARD PROCEDURE Schedule "D" BE IT RESOLVED THAT the method of settling and determining invoicing disputes with respect to the water utility system, shall be as follows: 1. Upon the request of the owner, and payment of a fee as set by resolution of Council, the Engineer will arrange the temporary replacement of the meter. 2. The meter of which accuracy is disputed shall be transported by the owner to a location designated by the Engineer, where the accuracy of the meter is to be checked and calibrated. 3. Any invoice issued based on a meter reading whose accuracy on testing is determined to be between ninety-six percent (96%) and one hundred, four percent (104%) shall be determined to be valid and full payment of the account required. 4. In the event that the accuracy of the meter is determined to be less than ninety-six percent (96%) or greater than one hundred, four percent (104%), the Engineer shall have the authority to estimate water consumption for the quarter and to make any necessary adjustments to the invoice. 5. In the event that the accuracy of the meter is determined to be less than ninety-six percent (96%) or greater than one hundred, four percent (104%), Council may refund the fee to the owner and the meter shall be replaced. 11f) o4(9 By-Law 1-18 Schedule "D" ROTHESAY Rothesay Water System FEES AND CHARGES, BY-LAW 1-18 Schedule "E" Meter size 5/8 inch 3/4 inch 1 inch 11/2 inch 2 inch Total $150.00 $195.00 $243.00 $573.00 $810.00 WATER USER CHARGES (Section 7)* Fixed Charge Component: Quarterly (over 5 years) $10.00 $13.00 $16.20 $38.20 $54.00 ROTHESAY WATER SYSTEM Meter Factor Fixed Size Charge/gtr 5/8 1.00 $ 50.00 3/4 1.44 $ 72.00 1 2.56 $ 128.00 1-1/2 5.76 $ 288.00 2 10.24 $ 512.00 $ 2,048.00 $ 4,608.00 $ 8,192.00 Annual $ 200.00 $ 288.00 $ 512.00 $ 1,152.00 $ 2,.048.00 $ 8,192.00 $ 18,432.00 $ 32,768.00 *Qwners who choose not to connect to the water system, when access to the system is available, shall be invoiced the fixed charge component of the "water user charge" based upon the typical meter size required by similar properties connected to the system. INTEREST (Section 7) 1.25% per month, compounded monthly. NSF CIIEOUES(Section 7) $25.00 fee per occurrence STAND-BY SPRINKLER CHARGES (Section 7) Main Size Annual Charge 4 $1,000.00 6 $1,250.00 8 or larger $1,500.00 PERMIT CONNECTION AND SYSTEM ACCESS FEES (Section 7) 1. Meter connection permit (any size meter) 2. Water system Access Fee: (i) in areas subject to local improvement charges and for developers (ii) in all other areas 3. Water System Access Fee -- Commercial and Institutional: (i) Minimum Access Fee Charge (3 or less equivalent user units) (ii) Additional Access Fee Charge (more than 3 equivalent user units) 4. Water System Access Fee -- Residential Apartment Complexes: Access Fee Charge $ 100.00 (non-refundable) $1,500.00 $2,500.00 $5,000.00 $1,500.00/equivalent user unit $1,500.00/equivalent user unit DISCONNECTIONJRECONNECTIONFEES(Section4.1 1.1) Disconnection fee $25.00 Reconnection fee $25.00 DISPUTE SETTLEMENT (Section 5.13) Accuracy Testing fee $25.00 METER READING REOUEST (Section 5. 14) Meter reading fee $75.00 WATER METER RENTAL RATES (Section 5.2) 4 6 8 40.96 92.16 163.84 Passed by Resolution of Rothesay Council February 11,2019 By-Law 1-18 Schedule "E" 1/2 ROTHESAY -- Rothesay Water System FEES AND CHARGES, BY-LAW 1-18 Schedule "E" ROTHESAY MAIN WATER SYSTEM CONSUMPTION CHARGES (Per quarter) CHARGES PER QUARTER up to 96 m3 over 96 up to 800 m3 above 800 m3 up to 72 m3 /unit above 72 up to 600 m 3 per unit above 600 m3 /unit up to 3250 m3 above 3250 m3 Singlefamilyresidence $ 1.15 $ 1.73 $ 2.59 Residence with rental or self contained unit $ 1.15 $ 1.73 $ 2.59 Apt bldg - up to 3 units $ 1 .15 $ 1.73 $ 2.59 Apt bldg 4 units or more $ 1 15 $ 1 73 $ 2 59 Townhouses individual meters $ 1 15 $ 1 73 $ 2 59 Townhouses - group meters $ 1.15 $ 1.73 $ 2.59 Commercial $ 1.15 $ 1.73 $ 2.59 Institutional (schools) $ 1.15 $ 1.73 By-Law 1-18 Schedule "E" -- 2/2 \Pv1 1 ROTHESAY APPENDIX A Water By-law 1-18 Requirements for Existing Residential Apartment Complexes established Prior to 1 January 1998 NOT Connected to Available Town Water It is an objective of Rothesay that residents of any Residential Apartment Complex be served by a clean, safe, and continuous supply of potable water. When the Owner of an existing Residential Apartment Complex established prior to 1 January 1998 chooses not to connect to the available municipal potable water distribution network operated by the Town, such Owner is responsible for providing proof to the Town that a clean, safe, and reliable supply of potable water is provided to their tenants. Proof of a clean, safe, and reliable supply of potable water shall be demonstrated by the following methods: (a) The Owner shall submit to the Town Clerk results of water quality testing from the potable well supplying the tenants of the Residential Apartment Complex, conducted within the previous 30 days on or before 30 April and 31 October each year for the following sampling: (i) Total coliforms and Escherichia coli; and (ii) Inorganics. (b) The testing set out in paragraph (a) shall be conducted by the Provincial Analytical Services laboratory or by a laboratory accredited under the International Organization for Standardization standard ISO/IEC 17025:2005, entitled General Requirements for the Competence of Testing and Calibration Laboratories. (i) In the event the sampling set out in paragraph (a) produces an unacceptable result the owner shall submit to the Town Clerk results of a subsequent test no later than 15 days following the date of the initial test. (ii) In the event the two consecutive water quality tests fail to produce acceptable results, the data will be forwarded to the Department of Environment and Local Government for appropriate action, and shall require immediate connection to the Town water system as required in section (f). (c) The Owner shall obtain an electrical permit from the Town for the installation of an approved electrical interface of the building electrical panel with a generator of capacity sufficient to power the pump for the private water supply. (d) Receipt by the Town Clerk of an affidavit from a licensed electrician that such an electrical interface has been installed. (i) Receipt by the Town Clerk of an affidavit from a licensed electrician every twelve (12) months, confirming the electrical interface has been tested and performed satisfactorily. (e) Failure to meet any of the requirements as outlined above may result in penalties under Section 8.1 of this By-law, and will require immediate connection to the Town's water system in a manner approved by the Town, and use of the municipal water system as a sole source of water. REVISION: Amendment By-law 1-18-1 November 12, 2019( Appendix A added)