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TOY 9C - Sewer Charges Bylaw
Town of Yarmouth
SEWER CHARGES BYLAW
Effective: August 24th, 1995 Amended: June 12th, 2025
TOY 9C
1.0
In this Bylaw, unless the context otherwise requires, the expression:
a. "Annual Cost" is the total cost to the Town associated with the operation and
maintenance of the Sewer System as determined by the Town;
b. "Building" means any dwelling, house, shop, store, office or any building which would
require sewer services;
c. "Engineer" means the Engineer for the Town and includes the Superintendent of Works;
d. "Town" means the Town of Yarmouth, represented by the Town Council;
e. "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;
f. "Sewer" means a pipe, conduit, drain, open channel, or ditch used for the collection and
transmission of wastewater, stormwater, or uncontaminated process or cooling water;
g. "Sewer System" means all pipes, mains, equipment, buildings and structures for
collecting, pumping or treatment of wastewater and operated by the Town, but does
not include a storm sewer;
h. "Storm Sewer" means a sewer and all related structures designed exclusively for the
collection and transmission of uncontaminated water, stormwater, drainage from land
or from any watercourse or any of them;
i.
"Water Utility" means the Water Utility of the Town;
j.
"Year" means the fiscal year of the Town;
k. "Council" means the Town Council of the Town of Yarmouth;
2.0
Every owner of land
a. on which any building is connected to a Sewer System;
b. that fronts on any street or highway in which a sewer is situate;
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 connected to a sewer system;
shall pay to the Town an annual "Sewer Service Charge" for the construction and maintenance of
the sewer system of the Town.
TOY 9C - Sewer Charges Bylaw
3.0
The Town shall annually calculate the Sewer Service Charge as follows:
a. Annual Base Rate
Effective
Current
July 1, 2025
April 1, 2026
April 1 2027
2017-2018
2025-2026
2026-2027
2027-2028
5/8"
146.04
160.64
167.07
173.75
3/4"
219.08
240.99
250.63
260.65
1"
365.16
401.68
417.74
434.45
1.5"
730.28
803.31
835.44
868.86
2"
1168.44
1285.28
1336.70
1390.16
3"
2336.92
2570.61
2673.44
2780.37
4"
3651.40
4016.54
4177.20
4344.29
6"
7302.80
8033.08
8354.40
8688.58
8"
13,145.08
14,459.59
15,037.97
15,639.49
b. A consumption rate, based on the volume of water entering a property connected by a
building sewer connection to the Sewer System, as metered at the entrance to the
property, payable on a quarterly basis when invoiced of:
Effective
Current
July 1, 2025
April 1, 2026
April 1, 2027
2017-2018
2025-2026
2026-2027
2027-2028
Effluent Rate per 1000
Imperial Gallons
4.617
5.079
5.282
5.493
3.1
Every owner of property who is a user of the Water Utility and the Sewer System shall pay a Sewer
Service Charge based on their actual water consumption used.
3.2
Every owner of property who is a non-user of the Water Utility, but is a user of the Sewer System
shall pay a Sewer Service Charge based on the average water rates charged to a similar class of
user by the Water Utility.
3.3
Every owner of property who is not a user of the Sewer System shall pay a Sewer Service Charge
calculated on the basis of 50% of the average water rates charged by the Water Utility to
residential users, such percentage to be charged for every Two Hundred Feet (200') or part
thereof of the property that fronts on a street or highway in which a sewer line is installed.
3.4
Every owner of property who is a user of the Water Utility and who establishes, through meters
or such other measuring devices as Town Council of the Town (upon the advice of the Engineer)
deems acceptable, that less than 50% of the water received by it from the Water Utility is on an
annual basis disposed of through the Sewer System, shall pay a Sewer Service Charge based on
the actual amount of water returned to the sewer system.
4.0
A vacant lot upon which no building exists shall be exempt from the Sewer Service Charge.
TOY 9C - Sewer Charges Bylaw
5.0
An owner of land that fronts on any street or highway in which a sewer is situate, or that fronts
on a right of way which connects to such a street or highway, is not liable to pay the Sewer Service
Charge if the Engineer certifies that it would be impractical to connect any building on the land to
the sewer.
5.1
A decision of the Engineer pursuant to this Section may be appealed to the Council.
5.2
This Section applies only to land upon which a building has been constructed.
6.0
Sewer Service Charges shall be levied on the owners of all properties liable to pay the same
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, whichever is the earlier.
6.1
For the purposes of this Bylaw, a sewer has been installed when the Engineer has certified to the
Council that the system or project of which the sewer forms part is substantially complete.
6.2
The Clerk shall forward a notice to each person who would be liable for the payment of a Sewer
Service Charge, that a sewer has been installed.
7.0
The Sewer Service Charge shall be billed quarterly or at such other intervals as Council may
determine by resolution from time to time.
7.1
The Sewer Service Charge shall be due and payable at the time it is billed.
7.2
The Sewer Service Charge, if not paid by the due date, shall bear interest at the same rate as
charged on unpaid taxes.
8.0
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 Assessment Act.
8.1
The Sewer Service Charge and interest thereon may be sued for and collected in the same manner
as other rates and taxes.
8.2
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 Assessment Act.
9.0
Every person connecting to the sewer shall pay a connection charge therefore equal to the cost
to the Town of installing the connection, as determined by the Council by resolution from time to
time.
9.1
For the purposes of this Bylaw, a sewer has been installed when the Engineer has certified to the
Council that the system or project of which the sewer forms part is substantially complete.
9.2
The sewer connection charge is a lien, and bears interest and may be collected in the same
manner as the Sewer Service Charge.
9.3
A sewer connection charge may be paid in two or three annual installments, with interest on the
unpaid balance at the same rate as for unpaid rates and taxes, at the option of the person liable
therefore.
TOY 9C - Sewer Charges Bylaw
9.4
Nothing in this Section means that the Town is responsible for any part of a sewer connection that
is not in a public street, highway or sewer easement.
10.0
Any person who subdivides land subject to a Sewer Service Charge, shall pay a trunk sewer tax
equal to $500.00 per lot created by the subdivision.
10.1
This Section does not apply to a subdivision that is a lot consolidation or that does not result in
the creation of more lots than existed prior to the subdivision.
10.2
The trunk sewer tax is a lien, and bears interest and may be collected in the same manner as the
Sewer Service Charge.
10.3
In this Section "subdivision" has the same meaning as in the Planning Act.
Clerk's Annotation for Official Policy Book
Date of Adoption: August 24th, 1995
Date of Approval of Amended Bylaw: May 8th, 2025 (3.1)
Date of Approval of Amended Bylaw: June 12th, 2025 (3.0 a & b)
I certify that this 'Sewer Charges Bylaw' was adopted by Council as indicated above.
Town Clerk: Date:
Amended:
September 27th, 2004 - 3.0a
September 12, 2013
Amended:
Date of First Reading
May 22nd, 2025
Notice of Intent to Consider
May 27th, 2025
Date of Second Reading
June 12th, 2025
Date of Publication
June 26th, 2025