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M10 SEWER CHARGES BYLAW
1. For the purpose of this bylaw, unless the context otherwise requires:
a) "Building" means any dwelling, house, shop, store, office or structure which
would require sewage services.
b) "Dwelling" means a Building or portion thereof which is occupied or capable
of being occupied as a home or residence by one or more persons.
c) "Municipal Engineer" means the staff engineer of the Municipality or a
consultant engineer engaged by the Municipality, or the Director of Public
Works of the Municipality.
d) "Owner" means a part owner, joint owner, tenant in common or joint tenant of
the whole or any part of any land or building and includes a trustee, an
executor, an administrator, a guardian, an agent, a mortgagee in possession
of any other persons having the care or control of any land or building in case
of the absence of disability of the person having title thereto.
e) "Sewer" means a sewer or drainage system constructed, purchased, or
otherwise acquired by the Municipality and maintained as a public sewer or
drain, and includes the trunk main, all laterals to the street/property line
and any sewage treatment plant connected thereto.
f) "Year" means the fiscal year of the Municipality.
g) "Lot Line" means a boundary line of a lot.
h) "Front Lot Line" means the line dividing the lot from the street; in the case
of a corner lot, the shorter boundary line abutting the street shall be deemed
the front lot line; and where such lot lines are of equal length, the front
line shall be deemed to be the front lot line as established in the block of prior
construction. In the case of a through lot, the longer boundary dividing the lot
from the street shall be deemed to be the front lot line; and the opposite,
shorter boundary shall be deemed to be the rear lot lines; and where such
lot lines are of equal length, the front lot line shall be deemed to be the front
lot line as established in the block by prior construction.
i) "Flankage Lot Line" means a side lot line which abuts the street on a corner
lot.
j) "Rear Lot Line" means the lot line from or opposite to the lot line.
k) "Side Lot Line" means a lot line other than a front or rear lot line.
l) "Lot" means any parcel of land described by its boundaries.
m) "Corner Lot" means a lot situated at the intersection of and abutting on two
or more streets. The shorter lot line shall be deemed the front line of said lot.
n) "Flag Lot" means a lot characterized by its location of the main body of the
lot generally at the rear of another lot or otherwise separated from the
street or roadway which provides access, and by a narrower prolongation
extending from the main portion of the lot to the said street or roadway. A flag
lot generally resembles a flag on a pole in the case of a rectangular layout, or
the main body of the lot with an umbilical prolongation providing access in
the case of such a lot having irregular boundaries. The minimum interior
dimension of a flag lot shall be measured in the main body of the lot.
M10 SEWER CHARGES (2023)
PAGE TWO
o) "Lot Area" means the total horizontal area within the lot lines of a lot.
p) "Lot Depth" means the horizontal distance between the front and rear lot lines.
Where these lot lines are not parallel, the lot depth shall be the length of a line
joining the mid points of the front and rear lot lines.
q) "Lot Frontage" means the horizontal distance between the side lot lines, such
distance being measured perpendicularly to the line joining the middle of the
front lot line with either the middle of the rear lot line or the apex of a triangle
formed by the side lot lines and at a point therein equal in distance to the
minimum applicable front yard. In the case of a corner lot with a corner lot
sight triangle, the exterior lot lines (street lines) shall be deemed to extend to
their hypothetical point of intersection for the purpose of calculating the
frontage. The definition shall not apply in the case of a flag lot, where
"frontage" shall be the length of the front lot line abutting the street.
r) "Through Lot" means a lot bounded on two opposite sides by streets or a
highway provided, however, that if any lot qualifies as being both a corner lot
and a through lot as hereinbefore defined, such lot shall be deemed to be a
corner lot for the purpose of this bylaw.
s) "Equivalent Unit" means a discharge to the system equal to that of a Dwelling.
2. ADMINISTRATIVE
(1) The Municipality shall have a separate account for the sewer system
operation.
(2) The cost of the sewer service shall include:
(a) the direct operating and maintenance costs of the sewer systems, being
the approved budget for the ensuing fiscal year;
(b) an allowance for the administrative costs associated with the sewer
system, equal to five (5) per cent of the direct operating and maintenance
costs of the system;
(c) a capital replacement cost up to five (5) per cent of the estimated
replacement cost of the physical plant, including pumping stations,
treatment plants, collector and trunk sewers, force mains and outfalls
(effective April 1, 2023);
(d) the replacement cost will be reviewed every five years or at the discretion
of Council.
(3) The direct operating and maintenance costs of the sewer system do not
include any part of the capital cost of the system, any extension of the system,
any connection to the system of a lot or building that existed when the
system was completed, or any debt charges associated with such costs.
SEWER CHARGES (M10)
PAGE THREE
(4) Any capital costs incurred for replacement of any component of a sewer
system shall be paid for out of the accumulated sewer capital replacement
reserve fund for the sewer system. If the accumulated sewer capital
replacement reserve fund is insufficient, the cost not paid for from the
accumulated capital replacement reserve fund shall be charged to the sewer
system and amortized over a period not to exceed the expected useful life of
a system, with interest at a rate charged to the Municipality for other
borrowings of a like nature.
3. SEWER SERVICE CHARGE
(1) The sewer service charge shall be calculated annually by dividing the cost of
the sewer service by the total of the Equivalent Units (See Schedule "A"). The
cost of sewer service shall be calculated in accordance with Section 2. The
total Equivalent Units shall be calculated in accordance with Section 5 on or
before March 31st in each year.
(2) (a) The sewer service charge for each year shall normally be billed in the
first quarter of the fiscal year.
(b) The sewer service charge is due and payable within 31 days of the
billing date.
(c) The sewer service charge, if not paid when due, shall bear interest at the
same rate as charged on unpaid taxes.
(d) The sewer service charge is a lien on the whole of the property subject to
the sewer charge in the same manner and with the same effect as rates
and taxes under the Municipal Government Act.
(e) The sewer service charge and interest thereon may be sued for and
collected in the name of the Municipality in the same manner as other rates
and taxes.
(f) Land is liable to be sold for unpaid sewer service charges in the same
manner and with the same effect as for unpaid rates and taxes pursuant
to the Municipal Government Act.
(3) Prorated partial year billings will be issued for new Buildings commencing
upon the date of connection.
(4) Billings for newly created lots shall commence in the next billing period.
(5) Industrial producers or processors may make application and justify, to the
satisfaction of the Municipal Engineer that a significant portion of water use
is consumed in production and is not discharged to the community sewer
system. In such circumstances the sewer service charge may be calculated
by dividing the annual sewer discharge (as measured by meter as specified
by the County and installed at the expense of the property owner) by 55,000
gallons, to determine the number of Equivalent Units.
SEWER CHARGES (M10)
PAGE FOUR
4. WHO IS LIABLE FOR SEWER SERVICE CHARGES
(1) Every owner of land:
(a) on which any Building is connected to the sewer line is located; or
(b) that fronts on any street or highway in which a sewer is situate; or
(c) that fronts on any right-of-way which connects to a street or highway in
which a sewer is situate; or
(d) on which a building is situate that Council has ordered be connected
to a sewer line;
shall pay to the Municipality, each year, a sewer service charge.
(2) Sewer service charges shall be levied on the owners of all properties liable to
pay commencing in the year following the year in which a sewer has been
installed or the year in which a building on the property has been connected
to the sewer on a pro-rated basis, whichever is earlier.
(3) For the purposes of this Bylaw, a sewer has been installed when the
Municipal Engineer has certified to Council that the system or the project of
which the sewer forms part is substantially complete.
(4) The Municipality shall forward a notice to each owner of land who is liable
for the payment of the sewer charge that a sewer has been installed.
(5) Municipal Council may grant exemptions from charges under this bylaw in
the following circumstances:
(a) the Owner of the property does not have the legal ability to construct and
maintain a sewer between the property and the municipal sewer; or
(b) the Owner of the property is, for reasons determined valid by the
Engineer, unable to obtain a requisite provincial or federal permit to
construct the sewer connection between the property and the municipal
sewer.
(6) An exemption shall remain in force unless circumstances under which the
exemption was granted no longer exist.
(7) A lot of land on which no building has been constructed and which has less
than the minimum frontage or area for a lot served by a central sewer system,
or a lot served by both a central sewer and a central water systems, as the
case may be for the lot of land in question, as required by the Subdivision
Bylaw or by an applicable Land Use Bylaw (whichever is stricter) is exempt
from the sewer service charge.
5. SEWER SERVICE CHARGES
(1) Each owner of land liable to pay the sewer service charge shall pay with
respect to the number and kinds of buildings or equipment situate on the
land according to Schedule "A".
(2) Schedule "A" may be amended, from time-to-time by resolution of Council.
SEWER CHARGES (M10)
PAGE FIVE
6. REPEALS
(1) M10 Sewer Charges Bylaws approved on June 16, 2015 and amendments
thereto are repealed upon coming into force of this bylaw.
Clerk 's Annotation For Official Bylaw Book
Date of First Reading for Amendment
May 16, 2023
Date of Advertisement of Notice of Intent to
Consider Amendment
May 25, 2023
Date of Final Reading for Amendment
June 20, 2023
Date of advertisement of Bylaw Amendment
June 29, 2023*
I certify that this Bylaw was adopted by Municipal Council and published as indicated
above.
Carolyn Young
June 30, 2023
Municipal Clerk
Date
*Effective date of the Bylaw unless otherwise specified.
SEWER CHARGES (M10)
PAGE SIX
AMENDMENTS
First Reading
August 20, 2002
"Notice of Intent" Publication
August 28, 2002
Final Reading
September 17, 2002
Effective Date (Publication)
October 1, 2002
BYLAW M10 AMENDMENTS (SECTION 4)
First Reading
February 17, 2004
Second Reading
April 20, 2004
Effective Date (Publication)
April 26, 2004
BYLAW M10 AMENDMENTS (SCHEDULE A)
First Reading
Waived, July 20, 2004
Second Reading
July 20, 2004
Effective Date
April 1, 2005
BYLAW M10 AMENDMENTS (SCHEDULE A)
First Reading
March 16, 2010
Second Reading
April 20, 2010
Effective Date
May 6, 2010
BYLAW M10 AMENDMENTS
First Reading
September 18, 2012
Second Reading
October 16, 2012
Effective Date (Publication)
October 25, 2012
BYLAW M10 AMENDMENTS
First Reading
September 18, 2012
Second Reading
October 16, 2012
Effective Date (Publication)
October 25, 2012
BYLAW M10 AMENDMENTS
First Reading
March 19, 2013
Second Reading
April 16, 2013
Effective Date (Publication)
April 25, 2013
BYLAW M10 AMENDMENTS
First Reading
May 19, 2015
Second Reading
June 16, 2015
Effective Date (Publication)
July 30, 2015
BYLAW M10 AMENDMENTS
First Reading
May 16, 2023
Second Reading
June 20, 2023
Effective Date (Publication)
June 29, 3023
Summary of Changes:
- Sub-section 2(2)(c): a capital replacement cost up to point nine (0.9) five (5) per
cent of the estimated replacement cost of the physical plant, including pumping
stations, treatment plants, collector and trunk sewers, force mains and outfalls;
- Repeal all previous M10 Sewer Charges bylaws
SEWER CHARGES (M10)
PAGE SEVEN
M10 SEWER SERVICE CHARGES BYLAW SCHEDULE "A"
Category
Equivalent Units
Building / Dwelling
1
Academic classroom in a school
1
Site in a mobile home park
1
Washing machine in a laundromat
1
Licensed bed in a nursing home or home for special 2/3
Hotel or motel
1 plus ¼ per room
Campground or trailer park
1 plus 1/10 per site
Restaurant/lounge, lounge, tavern, pub: 1 -10 seats
11-50 seats
for each additional 50 seats or fraction thereof
1
2
1
200 feet of frontage or fraction thereof for each lot upon
which no building has been constructed and which is
not in active agricultural
use
and
meets
the
requirements of Sections 4(1)(b) and 4(1)(c)
1/3
1,000 feet of frontage or fraction thereof for each lot
upon which no building has been constructed and
which is in active agricultural use.
1/3
Industrial, commercial and institutional uses
1 for each 55,000 gallons
per
annum
of
water
consumed or discharged to
the
sewer
during the
immediately
preceding
calendar year, with a
minimum value of one
equivalent unit
All other property
1 plus 1 for each retail
premise or office space or
building in excess of one