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By-Law No. 23
SEWER
1. DEFINITIONS
In this By-Law, unless the context otherwise requires:
1.(a) "Building service connection" means any piping system which conveys
sewage or liquid waste to the buildings on any property to a public
sewer or to the street line;
1.(b) "Combined sewer" means a sewer receiving and carrying storm water,
surface runoff and sewage;
1.(c) "Committee" means the standing committee on sewers;
1.(d) "Highway" includes:
(i) all allowances for highways made by surveyors for the Crown;
(iI) all highways laid out or established under the authority of any
statute;
(iii) all roads on which public money has been expended or on which
stature labour has heretobefore been performed;
(iv) all roads passing through Indian lands;
(v) all roads dedicated by the owners of the land to public use;
(vi) every road now opened and used as a public road or highway; and
(vii) all alterations and deviations of, and all bridges on or along any
road or highway.
1.(e) "Municipality" means the Municipality of the District of Clare;
1.(f) "Municipal Council" means the Municipal Council for the Municipal
District of Clare;
1.(g) "Public sewer" means a sanitary sewer owned or constructed by the
Municipality;
1.(h) "Owner" includes a part owner, joint owner, tenant-in-common or joint
tenant of the whole or of any part of any land or building, and includes
a trustee, executor, administrator, guardian, agent, a mortgage in
possession or any other person having care or control of any land or
building in case of the absence or disability of the person having title
thereto;
1.(i) "Property shredded garbage" means the waste from the preparation,
cooking and dispensing of food and from the handling, storage and sale
of produce that has been shredded to such a degree that all particles
will be carried freely under the flow conditions normally prevailing in
sewers, with no particles greater than one-half inch in any dimension;
1.(j) "Private sewage disposal system" means any private system for sewage
disposal serving one lot of real property.
1.(k) "Sanitary sewer" means a sewer receiving and carrying waterborne
waste from residences, business buildings, institutions and industrial
establishments, and to which storm, surface or ground waters are not
intentionally admitted.
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1.(I) "Sewage" means the combination of water carried wastes from residences,
business buildings, institutions and industrial establishments containing
animal, vegetable or mineral matter in suspension or solution, together with
such ground, surface or storm water as may be present;
1.(m) "Sewer" means a pipe or conduit for carrying sewage, storm water or
surface runoff, or sewage and storm water and surface runoff, and includes
all sewer drains and combined sewer services or every description vested
in or under the control of the Municipality of Clare;
1.(n) "Sewerage" means the structures, devices, equipment and appurtenances
intended for the collection, transportation and carrying storm water and
surface runoff only;
1.(o) "Street" means highway.
2.(a) Whenever the majority of the owners of the property In any designated
area of the Municipality shall petition the Municipal Council for the
construction of a public sewer and shall leave with the Municipal Clerk the
amount chargeable according to the provisions of this by-law to each
owner whose signature Is on the petition, then the Municipal Council may,
unless for sufficient reason to the contrary, order the same to be
constructed, providing however that over fifty per cent of the frontage
designated shall be represented by the Petitioners before the petition is
considered by the Municipal Council.
2.(b) Every petition for a public sewer shall be in the form in Appendix "A" of this
by-law, or to the like effect, and every petition shall clearly state the locality
in which the new sewer Is required and the points between which the
petitioners are desirous of having the same constructed.
2.(c) Such petition shall be accompanied by the sum of Twenty-Five Dollars
($25.00) from each owner signing the aforesaid petition.
2.(d) In the event that the Municipal Council orders the construction of a public
sewer for which a petition has been made and submitted, such amounts
shall be applied in discharge of the respective frontage charges or part
thereof as hereinafter mentioned and as such charges shall respectively
apply to those owners signing the Petition.
2.(e) In the event that the Municipal Council does not order the construction of a
public sewer for which a petition has been made and submitted, the
Municipal Clerk shall refund to each respective owner whose signature is
upon the petition the amount that has been paid to the Clerk by or for such
owner as required by this by-law.
3. When the Municipal council deems it necessary that a public sewer be
constructed in any area or any portion of the Municipality, the Council may
order, by resolution and without the authorization of any petition of the owners,
such public sewer to be constructed and all the provisions of the by-law
relating to and requiring the use of public sewers In force in the Municipality
shall be and are hereby made applicable to any public sewer constructed by
virtue of such resolutions.
3.(a) When a public sewer becomes available to a property served by a private
sewage disposal system, the owner of the property shall, upon service of a
notice from the Committee requiring him to connect any buildings thereon,
which are within, 100 feet of the sewer line and thirty days of the service of
the notice, connect such buildings to the public sewer by a building service
connection in accordance with this by-law, and he shall cause any septic
tank, cesspool, privy or other private sewage disposal system of the
property to be abandoned and to be filled in with suitable material. The
penalty for failure to comply with a notice to connect is found In Section
203 of the Municipal Act, Revised Statutes of Nova Scota 1967, Chapter
192, and amendments thereto.
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4. The Municipal Council may by resolution order the repair or improvement
of drains or sewers existing In any road, area or portion of the Municipality,
whenever the same shall be consedered necessary or desirable, and to
layout, excavate and complete a public sewer in any area of the
Municipality and perform any other work necessary to be done in
connection therewith.
5. The Municipal Council shall annually appoint a standing committee and
sewers. It shall be the duty of this committee to make an annual report to
Municipal Council concerning the operation, construction and installation
of all public sewers. The Municipal Council may refer to such committee
any questions relating to the proposed Installation of a public sewer in any
part of the Municipality for study and report. This committee shall be
responsible for the enforcement of the by-law relating to sanitary sewers.
The committee shall construct and Install sanitary sewers in such part or
area of the Municipality as may be directed by the Municipal Council.
6.(1) No person, firm or corporation shall direct or permit surface water, roof
water, rain water or water in the ground to a Municipality sanitary sewer
unless the Municipality has designated it as a "storm" sewer.
6.(2) No person, firm or corporation shall make any opening or openings to
uncover any public or private sewer, or make any building service
connection therewith unless a permit therefore has been issued by the
committee on sewers.
6.(3) It shall be the duty of any person, firm or corporation who constructs
any private sewer or drain, while excavating, to securely protect the
opening or excavation in such manner as may be directed by the
Committee.
6.(4) No open gutter, cesspool, privy, vault, cellar, underground drain or
exhaust pipe from any machine shall be connected with any public sewer.
6.(5) No person, firm or corporation shall permit any pipe carrying sewage or
serface water to discharge into any sewer trench.
6.(6) No person, firm or corporation shall injure, break or remove any portion
of the public sewer system or its appurtenances.
6.(7) No person, firm or corporation shall throw, or permit to be thrown or
deposited in any public sewer opening or receptacle connected with
the public sewer system any garbage, offal, dead animals, bones,
ashes, cinders, rags or any other material or thing except feces,
urine, the necessary toilet paper, household liquids and properly
shredded garbage.
7. The cost of constructing and maintaining any public sewer in the
Municipality of the District of Clare shall be determined by the committee
on sewers and shall be borne and paid in the following manner;
By a frontage charge and a service charge which shall be as follows:
7.(a) FRONTAGE CHARGE
(i) Each owner of real estate situate on either side of any highway,
street or land under which the public sewer is installed, shall pay to
the Municipality such annual sums of lawful money of Canada for
each and every lineal foot of property fronting thereon, as
contained In Appendix "C" attached to these by-laws.
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(ii) All such Frontage Charges, if remaining unpaid at the end of December
in anyone year and interest thereon at the rate of Eighteen (18%)
percentum per annum, may be sued for and collected in the name of
the Municipality and in the same way as (and shall for the purpose of
collection be deemed part of) the ordinary rates and taxes of the
Municipality, provided however, that in the event of such property liable
as aforesaid being sold for taxes, the Clerk shall deduct from the
proceeds of such sale the full amount for which property is liable for the
frontage rates, together with the interest thereon, although the whole
may not have then become due and payable hereunder.
(iii) The owner of any lands liable for frontage charges as aforesaid
may, at any time, pay the full amount thereof, together with Interest
thereon, to the Clerk and upon such payment, the lien for the same
shall be extinguished.
7.(b) SERVICE CHARGE
Each owner of real estate situate on either side of the highway, street,
or lane under which the public sewer is installed, shall pay to the
Municipality an annual charge known as the sewer service charge, for
the maintenance of such sewage works and the operation of any
sewage treatment facilities in such amount as may be determined
annually by Council of the Municipality for each unit value set out In
Appendix "D" to this by-law. Council shall determine annual
maintenance charge by dividing the annual maintenance cost, which
includes wages, energy costs, supplies and repair cost annually by
the number of units served by the sewer system. Provided always,
that should a surplus of deficit occur in anyone year it shall be taken
into account in computing service charge for the following year.
8. All properties situated at or near the upper end or termination of any such
sewer shall pay the same rate as if the sewer line were to pass in front of
such properties for the entire lenght thereof, provided that in no case
shall any such property be assessed for a greated length of frontage than
sixty feet (60') beyond the termination of the sewer measured along the
side of the highway, street, or lane from a point directly opposite the
termination of the said sewer.
9. Any corner property where a sewer changes direction from one street to
another, or where a sewer is to be constructed In both streets shall be
entitled to a deduction equal to the frontage of the smaller side of such
property, providing that such smaller side does not exceed sixty feet (60')
in length. In cases where this length is exceeded, a deduction equal to
sixty feet (60') shall be made.
10. Where the owner and the Committee on sewers are unable to agree on
the length of frontage to which the frontage charge shall apply, the owner
shall cause the frontage to be measured by a provincial land surveyor,
and the certificate of any such porvincial land surveyor shall determine
the length of frontage for the purpose of these by-laws.
11. On or before the 1st day of August in each year the Municipal Council
shall notify the owner of the basis of the sewer service charges
assessment to him and the account payable. Such charges shall be due
and payable on or before the 31st day of December in each year.
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12. Every tax or charge imposed under the porvlsions of this by-law shall
constitute of a lien upon the real property as is provided for rates and
taxes by Section 153 of Chapter 14 of the Revised Statutes of Nova
Scotia, 1967, the Assessment Act, and shall be collectable on the same
manner as rates and taxes on real property are collected, under the
Assessment Act.
13. In the event that any property liable for sewer service charge shall be
sold for non-payment of property taxes, the Municipal Clerk may deduct
from the proceeds of such sale the full amount for which such property is
then liable for sewer service charge although the whole may not have
been then payable.
14. Every property or owner therof is liable for the entire cost of the building
service connection from his property to the street, highway or lane line.
15.(1) No person shall connect a building service connection, private drain or
sewer with the public sewer without first obtaining a permit therefore
from the sewer committee, provided however, that notwithstanding the
issuance of any such permit, the person to whom any such permit is
issued shall be liable for any damages or injury to the public sewer
caused by him, his servants, agents or workmen in making any such
connection, the permit shall be in the form Appendix "B" to this by-law.
15.(2) Any person desirous of connecting his property with any public sewer
or of connecting it with any sewer for which the property has not been
assessed frontage and service charge as aforesaid, shall be assessed
the same fixed frontage charge and the same service charge as if the
sewer were constructed in front of said property, providing however
that in no event shall the frontage charge exceed the frontage charge
that would be charged for one hundred feet (100') of frontage, and
payments for the said frontage charges and service charge shall be
made at the same time and in the same manner and for a like number
of years as the payments in respect of the properties abutting the
highway, street, or land wherein the public sewer is situated.
16. Any person requesting a permit for connecting a building service
connection with the public sewer shall pay a fee of fifteen dollars
($15.00) to the Municipality to defray the cost of making the connection
with the public sewer, if such permit is applied for after December 31st,
A.D., 1977.
17. Before any person constructs a building service connection, he shall
apply to the sewer committee for directions as to the proper lines and
grades applicable to his building service connection and the sewer
committee shall, assign suitable lines and grades for any building service
connection, which directions shall comply with the Canadian Plumbing
Code and the National Building Code, as adopted by the Building By-
Law of the Municipality.
18. The construction and installation of any building service connection shall
be under the direct supervision of the committee on sewers appointed by
the Municipal Council and the specifications for labour and materials
under which the public sewer was constructed are to be considered as
part of the specifications for any such building service connection
modified, however, so as to be applicable to the building or buildings
situate on the property to be served by such building service connection,
and such building service connection shall be in conformity with the
requirements set forth in Section 26 or this by-law.
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19. All sewers and drains shall be constructed in accordance with the provisions
of the Public Highways Act Revised Statutes of Nova Scotia, Chapter 248,
1967 and Amendments and Regulations thereto and shall cause as little
obstruction as possible for pedestrians and vehicular traffic during installation.
20. The building service connection pipe shall have a uniform grade, when laid of
not less than one-quarter of an inch to the foot.
21. All junctions in the building service connection shall be made by curved pipe.
22. No right-angle junction shall be installed in the building service connection.
23. Curved pipes shall be used in every deflection from a straight line of more
than six (6") inches in three (3') feet.
24. The installation requirements necessary bofore connections to the public
sewer is permitted are as follows:
24.(a)
(i) Any building service connection shall, from a point three (3') feet outside
of the foundation of the house or building to the street line, be of the first
quality materials, the pipe having a diameter of four (4") to six (6") inches;
(ii) Sewer line laterals must not be less than four (4") inches in diameter of
PVC series 35 or equivalent;
(iii) The sewer line may be laid in a common ditch with the water line but it
must be buried at a lower elevation and at a minimum distance of twelve
(12") inches away from the water;
(iv) The sewer line must be laid on a bed of tamped sand or approved fine
gravel of not les than six (6") inches in depth and not backfilled until
inspected and approved by the representative of the engineer;
(v) When backfilling is permitted a topping of not less than six (6") inches of
sand or approved fine gravel must be laid over the sewer line before
previously excavated backfill material is replaced into the ditch to bring it
up to grade;
24.(b)
(i) An application for a permit to make connection to the public sewer must
be make by the property owner to the Committee on sewer;
(ii) When the permit is issued the property owner can proceed with
installation of the building service connection which shall be installed
according to the direction of the committee on sewer;
(iii) Backfilling of ditches must not be undertaken until the installation are
inspected and the approval certificate received by the owner.
24.(c) When drains for cellar and subsoil are laid in the same trench, the same
shall consist of agricultural drain tile or other tile suitable for such
purposes.
24.(d) The inside of every drain, after it is laid, shall be left smooth and perfectly
clean throughout its entire length.
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25.(1) Whenever the sewer committee, considers it necessary, it shall require
any person who is the owner of land which is used for industrial or
commercial purposes and which is connected to a public sewer to
provide grease, oil and sand interceptors in order to provide the proper
handling of liquid wastes containing grease in excessive amounts, or
any inflammable wastes, sand or other harmful ingredients. All owners
of garages, service stations, car wash operations and similar business
establishments, shall provide approved types of interceptors for oil,
grease, soap and similar products.
25.(2) All interceptors shall be of a type and capacity approved by the sewer
committee, and shall be located so as to be readily and easily
accesible for cleaning and inspection.
25.(3) Grease and oil interceptors shall be constructed of impervious
materials capable of withstanding abrupt and extreme changes in
tempperature and shall be of substantial construction, water-tight and
equipped with easily removable covers which, when bolted in place,
shall be gas-tight and water-tight.
26.(1) Whenever any building sewer connection is abandoned, the owner
shall effectively block up the connection at the property line so as to
prevent sewage from backing up into the soil, or dirt being washed
into the sewer.
26.(2) Where the owner does not effectively block up a building sewer
connection as required under the provisions of subsection (1) within
seven (7) days from receipt of a notice from the sewer committee, to
do so, the sewer committee may request the same to be done and the
cost of such work requested to be done may be recovered as a debt
by the Municipality from the owner in an action in any Court of
competent jurisdiction.
27. No person shall construct a private sewage disposal system without first
obtaining a written private Sewage Disposal permit from the Board of
Health of the Municipality of the District of Clare.
28. No person shall use, cause to be used or permit to be used any private
sewage disposal system until installation has been completed to the
satisfaction of the Board of Health.
29. No person shall discharge, or cause to be discharged or permit to be
discharged any contents of any septic tank or cesspit into any public sewer.
30. The Municipal Clerk of the Municipality of the District of Clare shall keep
a separate account of all monies due for the construction of sewers,
which account shall contain;
30.(a) The names of the owner of property liable for frontage charge and the
name of the sewer with respect to which such frontage charge arose;
30.(b) The amount of frontage charge due with respect to each property;
30.(c) The amount of frontage charge paid with respect to each property;
30.(d) The Frontage Charge applicable to each owner of property liable for a
frontage charge and the number of years such charge has been paid;
30.(e) The amount, if any, due or assessed on the remaining frontage
charge, if same is not paid immediately.
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31. The effective date of any lien created hereunder shall be the first day of
January following the date on which the Committee on Sewer certifies to
the Municipal Council that any public sewer has been completed.
32. Where under any provision of this by-law, approval or permission of the
committee on sewer is required before any work or thing may be done,
and such approval is refused, an appeal shall lie to the Municipal Council
from the decision refusing to grant approval or permission in accordance
with Section 191, Subsection 107 of the Municipal Act, Revised Statutes
of Nova Scotia 1967, Chapter 192, and amendments thereto.
33. The Committee may, where a public sewer has been constructed on the
opposite side of the highway, street or lane from property abutting
thereon, provide a single public connector to the public sewer to service
not more than two (2) properties abutting on such highway, street or lane
which said single public connector shall extend to the property line
between the two properties to be so served, provided however, that
where the owners of the two properties agree, the single connector may
be extended to another point on either of the two properties so abutting.
34. Any person who fails to comply with any section or portion of this by-law
within thirty (30) days after notice thereof has been served upon him,
either personally or by registered mail addressed to the last address
known to the Municipal Clerk, is guilty of an offence and liable on
conviction to a penalty not exceeding Two Hundred and Fifty Dollars
($250.00) and in default of payment to imprisonment for a period not
exceeding one (1) month.
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Municipal Sewer By-Law
PETITION
APPENDIX "A"
PETITION
To Municipal Council of the Muncipal
District of Clare in the County of Digby
THE UNDERSIGNED, the majority of the ratepayers residing in the
area of _______________________________ in the County of Digby,
as of the District of Clare, in the County of Digby, to construct a sewer
within the said area.
ALSO the description of the public road or portion of the public road
upon which the sewer is requested to be constructed is as follows:
ALSO each of the owners of property fronting on this said portion of
the public highway at _____________________________________
in the District of Clare, and subscribing their names on this Petition,
respectively tender the sum of Twenty-Five Dollars ($25.00) as
required by Section 2 (c) of the capital cost of Sewer Construction
By-Law of the District of Clare.
NAMES OF PROPERTY OWNERS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
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APPENDIX "B"
APPLICATION TO
THE MUNICIPALITY OF THE DISTRICT OF CLARE
FOR PERMIT TO
INSTALL water and/or sewer line laterals from main trunk line(s) on
__________________________________________ (street/road/highway).
I/WE __________________________________ ADDRESS ___________
_______________________________ Digby County, Nova Scotia, hereby
request permission to connect water and/or sewer lateral line(s) from the
main(s) and extending to the existing structure, owned by the applicant(s)
and erected on my/our property, defined as follows: STURCTURE
____________________ erected on the parcel of land _____ x _____ feet,
having ______ feet frontage on ___________________________________
(street/road/highway) listed as Roll No. ___________ on the evaluation roll
of the Municipality of the District of Clare, in the County of Digby and
Province of Nova Scotia, for the years ______ .
Installation and connection will be made by _________________________
at my/our personal expense and in accordance with specifications and
regulations stipulated by the Municipality.
APPLICATION made this ___________ day of ________________ , 197__ .
Signed by _______________________ Address ____________________
APPLICATION APPROVED BY __________________________________
Inspection of connections and installations made and certificate of approval
given this _______ day of ________________ 197__ .
SIGNED BY __________________________________
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APPENDIX "C"
In accordance with By-Law 7 (a) the following are the frontage charge per
lineal foot:
1982 - .6814
1983 - .6583
1984 - .6351
1985 - .6120
1986 - .5889
1987 - .5658
1988 - .5421
1989 - .5184
1990 - .4947
1991 - .4710
1992 - .2271
1993 - .2271
1994 - .2271
1995 - .2271
1996 - .2271
In the alternative each owner of real estate referred to in By-Law 7 (a) may
pay for the current year 1982 one lump sum payment of $4.10 per lineal foot
referred to in said By-Law, and thereafter should any owner who does not pay
one lump sum payment in 1982, any owner may do so in any future year
receiving such credit as the Clerk of the Municipality shall determine for
previous annual payments.
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APPENDIX "D"
SCHEDULE OF USER FEES, SANITARY SEWAGE SYSTEM
MUNICIPALITY FOR THE DISTRICT OF CLARE
TYPE OF CONSUMER
UNIT VALUE
Single family dwelling
1.0
Mobile home
1.0
- for each Doctor or Dentist office in private home add
1.0
- for each beauty shop or barbar shop in private home add
1.0
Individual apartment
1.0
Senior Citizens home, per unit
1.0
Rooming House, Boarding House, Convent, Institutional
dormitory up to five beds
1.0
Hospitals and homes with medical care facilities with
laundry facilities per bed
0.15
Schools per classroom without cafeteria or gym per classroom
2.0
Schools per classroom with both cafeteria and gym per
classroom
2.0
Doctor, Dentist Office, Beauty Shop or Barber Shop
1.0
Tourist Home with one bathroom
1.0
- for each additional bathroom
0.3
Hotels, Motels and Tourist Cottages
- year round operating, per unit
0.5
- seasonal operating, per unit
0.25
Restaurants etc. are additional to above listing and are rated in
accordance with this schedule
Stores, banks, clubs, recreational facilities
1.0
Industrial Premises (10 employees)
1.0
Churches, church halls
1.0
Laundromat, for each machine
1.0
Service Station
1.0
Restaurants, Snack Bars and Cafeterias
1.0
Premises licensed by Nova Scotia Liquor Commission
Restaurant, Lounge, Dining Room or Club
1.0
Drive-in restaurant or Theatre with canteen
1.0
Funeral Home
2.0
Fire Halls
2.0
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