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THE CORPORATION OF THE TOWNSHIP OF SEVERN
BY-LAW 2006-75
As Amended by By-law Nos. 2006-122, 2007-09, 2007-138, 2008-67 & 2012-48
BEING A BY-LAW TO IDENTIFY WATER & SEWER SERVICE AREAS FOR THE
TOWNSHIP OF SEVERN AND TO REGULATE THE USE OF SUCH WORKS
WHEREAS the Corporation of the Township of Severn ("the municipality")
owns and operates a number of water and sanitary sewer works in the Township of
Severn and lateral connections thereto that service distinct areas of the municipality;
AND WHEREAS the Municipal Act, S.O. 2001, Chapter 25, Section 11.,
provides that a municipality may pass By-laws with respect to public utilities
and for the health, safety and well-being of persons;
AND WHEREAS the Municipal Act, S.O. 2001, Chapter 25, Section 80.,
provides that a municipality may, at reasonable times, enter onto land to which
it supplies a public utility, to inspect, repair, alter or disconnect the service
pipe or wire, machinery, equipment and other works used to supply the public
utility, or to inspect, install, repair, replace or alter a public utility meter;
AND WHEREAS the municipality has deemed it mandatory for the
owners of property in the service areas to connect to the sewer and water
services;
AND WHEREAS Section 130 of the Municipal Act, 2001 authorizes the
Municipality to regulate matters relating to the health, safety and well being of the
inhabitants of the municipality;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
SEVERN HEREBY ENACTS AS FOLLOWS:
1.
Township Service Areas
1.1
That the services areas outlined herein as Schedules "A" to "F" and
forming part of this By-law are to define the water and sewer systems
within the Township of Severn:
Schedule "A"
Bass Lake Woodlands Water System
Schedule "B"
Coldwater Water & Sewer System
Schedule "C"
Sandcastle Estates Water System
Schedule "D"
Severn Estates Water System
Schedule "E"
Washago Water & Sewer System
Schedule "F"
Westshore Water & Sewer System
2.
Definitions
"Backwater Valve"
shall mean a check valve designed for use in a gravity
drainage system.
"Building"
shall mean any building as defined in the Building
Code Act, S.O. 1992 as amended wherein a potable
supply of water and/or a water closet is required by
law or intended to be used.
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"Check Valve"
shall mean a device to prevent the flow of water from
a private residence back into a municipal system.
"Connection"
shall mean a connection to a water works system or
sanitary sewer works system including service pipes
from the interior face of the outer wall of the building.
"Cooling Water"
shall mean water that is used in a process for the
purpose of removing heat and that has not, by design,
come into contact with process materials and that has
been circulated through the cooling device, but does
not include blowdown water.
"Forced Sewage
shall mean a system that requires the
System"
installation of a grinder pump unit to transfer sewage
effluent from the private serviced property to the main
communal system.
"Hauled Domestic
shall mean domestic sewage that is transported
Sewage"
in a tank truck for treatment or disposal.
"Industrial Waste"
shall mean or pertain to water that is a product of an
enterprise or activity involving industrial or
manufacturing processes or operations.
"Notice"
shall mean a notice given pursuant to the provisions
of this By-law requiring a connection to be made.
"Sanitary Sewer
shall mean the sewage treatment plant, sewer
Works"
mains, lateral connections to a private property line
and all appurtenances.
"Storm Water"
shall mean rainwater runoff, water runoff from roofs,
flow from foundation drains, snow melt, and surface
runoff.
"Water Meter"
shall mean a water meter obtained from the Township
of Severn for metering the supply of water from the
Westshore Water Works and such definition includes
a remote reading device, a backflow preventing
device (check valve) and an expansion tank.
"Water Works"
shall mean all water treatment facilities, water mains
and lateral connections to a private property line and
all appurtenances.
"Uncontaminated
shall mean water supplied by the
Water"
sanitary sewer works or water works or any other
water to which no matter has been added as a
consequence of its use.
3.
Authorization of Works
That the Municipality is authorized by this By-law to install all sanitary sewer
works and water works in the Service Areas.
4.
Connection Required
4.1
That every owner of a building within the service areas shall connect to
the water works and/or sanitary sewage works by making an application
on the prescribed form attached hereto as Schedule "G" and forming part
of this By-law.
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4.2
That each property is required to have an individual sewer lateral
connection and lateral connection from the sewer main and water main to
the property line.
4.3
That no person shall divide the sewer lateral connection and/or lateral
connection to service more than one lot.
4.4
That whereon buildings existing in the Westshore Service Area as of June
1st, 2005 shall connect to the Westshore Works no later than December
1st, 2006.
4.5
That an application fee is payable at the time of submission of an
application for connection in accordance with the Township of Severn's
Fees & Charges By-law.
4.6
That in the event that the construction of a lateral service connection is
required, the applicant shall be responsible for all costs with respect to this
connection. A deposit estimated by the Director of Public Works shall be
submitted at the time of application to be sufficient to cover the total costs
of construction..
4.7
That no connection shall be made to a water works system or sewage
works system until a permit has been issued for connection in accordance
with this By-law.
5.
Installation Inspections
5.1
That all excavations required for the installation of connections to water or
sewage works shall be by open trench unless otherwise approved, and no
backfill shall be placed until the work has been inspected in compliance
with the Building Code Act.
5.2
That an applicant for connection shall give at least seven (7) days written
notice to the Building Department when the sewer or water service is
ready for inspection and connection, and the connection shall be made
under the supervision of the Building Inspector or his designate.
5.3
That the Director of Public Works or designate bearing the proper
credentials and identification shall be permitted to enter upon all properties
for the purpose of inspection, observation, measurements, sampling and
testing in accordance with the provisions of this By-law.
6.
Connections Concurrent
6.1
That connections to sanitary sewer works and water works shall occur at
the same time.
7.
Water Meters and Inspections
7.1
That all connections to the water works shall:
(a)
include a meter package obtained from the Township for the
applicable fee; and
(b)
be inspected by the Township of Severn.
7.2
That all meters shall be installed in an upright horizontal position and shall
be placed in a position that will permit all water consumption to be
registered by the meter in an easily accessible area and shall include a
remote reading device on the outside of every building.
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7.3
That the property owner shall permit entry onto the property and into the
premises for the reading or repair of a meter(s) and access to such
meter(s) shall be accessible at all times.
7.4
That no person shall tamper with or willfully damage a water meter.
8.
Grease Trap
8.1
That each property owner shall ensure that all connections to buildings
containing commercial and industrial uses include a "grease trap".
8.2
That each property owner shall ensure that grease traps are maintained
and inspected on an annual basis, at a minimum. Each property owner
shall submit written documentation concerning such maintenance and
inspection, satisfactory to the Township, shall be supplied within 15 days
upon demand in writing by the Township.
9.
Cost and Liability
9.1
That property owners shall assume all cost and liability for:
(a)
making the connection from the property line to buildings thereon;
and
(b)
purchasing the required meter(s) from the Township and the
installation thereof.
9.2
That with respect to the Westshore Water & Sewer System, prior to
December 1st, 2006, the Township will supply and install the meter
referenced in Section 9.(1)(b) to all buildings existing prior to June 1,
2005.
10.
Rates for Water & Sewer Works
10.1 That the owners of each property required to be connected to a municipal
sewage works and/or water works system shall pay the rate as
determined annually by Township By-law, including capital improvements.
10.2 That the rates for maintenance and operation of the sewage works and
water works systems are the responsibility of the owner of lands required
to be connected to a water or sewage works system and are liable for
payment of the rates so fixed commencing with the date of connection.
10.3 That the rates for maintenance and operation of the Westshore Water &
Sewer System are the responsibility of the owner of lands required to be
connected and are liable for payment of the rates so fixed commencing
upon the earliest of the following dates:
1)
the date of connection; or
2)
December 1, 2006.
10.4 That rates for operation and maintenance of the water works systems and
sewage works systems shall be calculated monthly and be payable
quarterly.
10.5 That the property owners located in the Westshore Service Area that have
not connected to the system by December 1, 2006 shall be invoiced for
the connections which may be collected pursuant to Section 20.2 herein.
11.
Storm Water and Groundwater
11.1 That no person shall connect sump pumps, down spouts or any other
drainage works, that collects storm water or groundwater, to the sewer
work systems.
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11.2 That no person shall cause or permit discharge of any storm water
including surface water, ground water, rain run off, foundation drain or
other sub-surface drainage including any unpolluted cooling water or
unpolluted industrial/commercial process water into sewage works
systems.
12.
Disconnection of Existing Septic Systems
12.1 That property owners shall disconnect and cease use of existing septic
systems upon the connection of buildings thereon to the Sewage Works.
Septic facilities shall be decommissioned in accordance with the
Building Code Act and its regulations which may include or require the
existing septic tank located on the property to be removed or filled in with
gravel, earth or sand.
13.
Wells
13.1 That existing wells may continue to be used provided that there is no
cross connection with the municipal water supply, subject to subsection
13.2 herein.
13.2 That whereupon the Township determines that the use or existence of a
well may be dangerous to the health and well being of the property owner
or other persons, the Township may, in writing, require the owner to
decommission the well.
13.3 That whereupon a property owner no longer wishes to use such well or
the Township has required the decommissioning of a well pursuant to
subsection (2), such decommissioning shall be completed in accordance
with the Ontario Water Resources Act, R.S.O. 1990 and Regulation 903,
both as amended from time to time.
14.
Sanitary Sewers
14.1 That no person shall discharge or cause or permit to be discharged
into the sewage works any:
(a)
industrial/commercial waste, without prior approval from Council;
(b)
hauled domestic sewage; and/or
(c)
cooling water, storm water or uncontaminated water.
14.2 That no person shall deposit in any sewer, opening or receptacle
connected with the sewer work systems any matter or thing except feces,
urine and the necessary closet paper and domestic liquid waste.
14.3 That no person shall discharge or cause or permit to be discharged into
sewage works a substance that may result in one of the following
conditions:
(a)
a health or safety hazard to a sewage works person authorized to
operate, maintain, repair or otherwise works on sewage works;
(b)
a breach of the Ontario Water Resources Act or the Environmental
Protection Act as amended from time to time, or any regulation
made there under from time to time;
(c)
biosolids from a sewage works to which either sewage discharge,
directly or indirectly, fail to meet the objective and criteria as set out
in the Ministry of the Environment publication entitled "Guidelines
for the Utilization of Biosolids and Other Wastes in/on Agricultural
Land" dated March 1996, as amended from time to time;
(d)
an obstruction or restriction to the flow of the sanitary sewer;
(e)
an offensive odor to emanate from the sanitary sewer or sewage
works;
(f)
damage to the sanitary sewer works infrastructure;
(g)
interference with the operation or maintenance at a sewage works.
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14.4 That the installation of a backwater valve shall be a precondition for
connection of a new private sanitary sewer to the public sewer main and
for the issuance of a Building Permit which involves the expansion of an
existing private drainage system located in the defined areas indicated on
Schedule "H" attached hereto and forming part of this By-law.
14.5 That each property owner shall install a backwater valve for all basement
services connecting to the water and sewer systems.
15.
Forced Sewage Systems
15.1 That all property owners outlined in Schedule "I" attached hereto and
forming part of this By-law shall install a grinder pump unit in order to
accommodate the transfer of sewage effluent from the private serviced
property to the main communal system.
16.
Water Supply
16.1 That no person shall upon notice from the Township, water or sprinkle
water, or cause or permit the watering or sprinkling of any lawn, garden,
tree, shrub, or other outdoor plant in the Township of Severn, from a
Municipal water system, through a hose or other attachment except
between the hours of 6:00 a.m. to 8:00 a.m. and 8:00 p.m. to 10:00 p.m.
subject to the following:
(a)
premises with Municipal addresses having even numbers may
sprinkle or water with the designated times only on even-numbered
days;
(b)
premises with municipal addresses having odd numbers may
sprinkle or water within the designated times only on odd-numbered
days;
16.2 That notwithstanding Section 16.1, watering is permitted for the following:
(a)
newly planted tress, ornamental shrubs and flow gardens while
being installed and during the next following 24 hours after the
completion of installation; and
(b)
lawns being treated with any pesticide, herbicide spray or fertilizer
which requires water while being treated and during the next
following 24 hours after application.
16.3 That notwithstanding the provisions set out in Sections 16.1 and 16.2, in
the event of a system breakdown or at the discretion of the Director of
Public Water Works & Utilities or his designate any or all use of water from
Municipal owned water systems may be regulated.
17.
Fire Hydrants
17.1 That no person, save and except an employee of the Township of Severn,
shall open or cause to be opened a fire hydrant forming part of a municipal
water works system.
18.
Offences
18.1 That no person shall maliciously, willfully or negligently break, damage,
destroy, deface or tamper with any structure, appurtenance or equipment
which is part of a water works or sewer works system.
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19.
Offences and Penalties
19.1 That any person who contravenes any provisions of this By-law
is guilty of an offence and is liable, upon conviction, to a fine of not more
than $ 10,000.00 on every person who is convicted of a first offence and $
25,000.00 for any subsequent offence, as authorized by the Municipal Act,
R.S.O. 1990, Chapter M. 45, Section 332.(1).
19.2 That where a Corporation is convicted of an offence with respect to
contravention of this By-law, the maximum penalty that may be imposed
upon the Corporation is $50,000.00 for the first offence and $100,000.00
for any subsequent offence, as authorized by the Municipal Act, R.S.O.
1990, Chapter M.45, Section 332.(2).
19.3 That any person who contravenes any provision in Part 4 of this By-law is
guilty of an offence and, upon conviction thereof, is liable to a fine
provided for in the Provincial Offences Act.
19.4 That each calendar day on which such a contravention occurs is a
separate offence.
20.
Connection by the Township
20.1 That whereupon a property owner has failed to connect to the Water &
Sewer Works as required by this By-law, the municipality may give notice
by prepaid mail or by posting on the property to enter onto property and
into buildings to make such connection, and the cost of making such
connections shall be at the owner's expense.
20.2 That the cost of making connections by the Municipality shall be
recoverable, and the Clerk of the Municipality shall add said costs to the
Collector's Roll which shall be collected in the same manner as overdue
taxes and shall bear interest from the date when the first demand payment
is made at the same rate as overdue taxes.
20.3 That any notice hereunder:
(a)
shall be given thirty (30) days prior to the municipality entering onto
property and into buildings to make such connections;
(b)
shall require the owner to make the connection;
(c)
shall advise the owner of the date on which the notice period
expires;
(d)
shall advise the owner that if they fail to make the connection
required by the deadline date, the Municipality has the right to
make such connection at the owner's expense and the costs shall
be recovered in the same manner as overdue taxes; and
(e)
shall make reference to this By-law.
21.
Decommissioning of a Well by the Township
21.1 That whereupon a property owner has failed to decommission a well as
required in a notice given under the authority of Section 13.2 herein, the
municipality and its agents may enter on to the property to decommission
such well and the costs of such decommissioning shall be paid by the
property owner or the costs shall be recovered in the same manner as
overdue taxes.
22.
Enforcement
22.1 That this By-law shall be enforced by the Municipal Law Enforcement
Officer(s) appointed by the Township of Severn.
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23.
Severability
23.1 That all sections of this By-law shall be deemed to be separate and
independent and the validity of any section or provision hereof shall not
effect the remaining sections.
24.
Effect
24.1 That this By-law shall come into force and take effect upon the date of its
passing thereof.
25.
Repeal
25.1 That By-law Nos. 1994-103, as amended, 1997-91, 1997-92, as amended
and 2005-98, inclusive, be and they are hereby repealed.
By-law read a first and second time this 6th day of July, 2006.
By-law read a third time and finally passed this 6th day of July, 2006.
CORPORATION OF THE TOWNSHIP OF SEVERN
Phil Sled
________________________________________________
MAYOR
W. Henry Sander
________________________________________________
CLERK-TREASURER
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SCHEDULE "A" TO BY-LAW NO. 2008-67
Schedule "A" to By-law No. 2006-75, as amended
Bass Lake Woodlands Water System - Service Area
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SCHEDULE "B" TO BY-LAW NO. 2006-75
Coldwater Water & Sewer System - Service Area
11
SCHEDULE "C" TO BY-LAW NO. 2006-75
Sandcastle Estates Water System - Service Area
12
SCHEDULE "D" TO BY-LAW NO. 2006-75
Severn Estates Water System - Service Area
13
SCHEDULE "E" TO BY-LAW NO. 2006-75
Washago Water & Sewer System - Service Area
14
SCHEDULE "F" TO BY-LAW NO. 2006-75
Westshore Water & Sewer System - Service Area
15
SCHEDULE "F" TO BY-LAW NO. 2006-75 (cont'd)
Westshore Water & Sewer System - Service Area
16
SCHEDULE "G" TO BY-LAW NO. 2006-75
TOWNSHIP OF SEVERN
Application for Connection to Water & Sewer System
NAME:
MAILING ADDRESS:
CIVIC ADDRESS:
TELEPHONE NO.:
LOT NO.
PLAN/CONC. NO.
ROLL NO.
APPLICATION FEE: $
RECEIPT NO.:
Municipal Water/Sewer System:
_____ Bass Lake Woodlands Water System
_____ Coldwater Water & Sewer System
_____ Sandcastle Estates Water System
_____ Severn Estates Water System
_____ Washago Water & Sewer System
_____ Westshore Water & Sewer System
Municipal Services:
WATER
SEWER
RESIDENTIAL
COMMERCIAL
I, the undersigned, hereby make application to the Township of Severn for the provision of the
above-noted municipal services to be supplied at the address and the premises described
above and agree to pay for such municipal services as bills are rendered.
I hereby also covenant and agree that neither I nor my executors, administrators, successors or
assigns will make any claim or demand whatsoever against the Corporation of the Township of
Severn by reason of damage from any flooding occasioned by any overcharging of the said
water and sewer or private drain connection. It is also expressly agreed that I will not permit roof
water, weeping tile drain water or any stormwater of any nature to be carried into the sanitary
sewer in accordance with Township of Severn By-laws.
_____________________________
____________________________
OWNER'S SIGNATURE
DATE
_____________________________
APPROVAL OF APPLICATION
Director of Public Works
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SCHEDULE "H" TO BY-LAW NO. 2006-75
Defined Area for Installation of Backwater Valves
Coldwater Water & Sewer System
1.
River Street between Lynch Street and the northern most pumping station.
2.
Brick Pond Road between John Street and River Street.
3.
West Street from Sturgeon Bay Road to the north limit of West Street.
Washago Water & Sewer System
1.
Muskoka Street - 6 lots north of Pumping Station No. 1.
2.
Mill Island
3.
St. George Island
Westshore Water & Sewer System
1.
Lakeside Drive from Municipal No. 2779 to 2835 (adjacent to Lake Couchiching)
BACKWATER VALVES ARE ALSO REQUIRED ON ALL NEW STRUCTURES WITH
AN INGROUND SANITARY SERVICE.
18
SCHEDULE "H" TO BY-LAW NO. 2006-75 (cont'd)
Defined Area for Installation of Backwater Valves
River Street from Lynch Street to North Pumping Station
19
SCHEDULE "H" TO BY-LAW NO. 2006-75 (cont'd)
Defined Area for Installation of Backwater Valves
Brick Pond Road from John Street to River Street
20
SCHEDULE "H" TO BY-LAW NO. 2006-75 (cont'd)
Defined Area for Installation of Backwater Valves
West Street from Sturgeon Bay Road to North Limit of West Street
21
SCHEDULE "H" TO BY-LAW NO. 2006-75 (cont'd)
Defined Area for Installation of Backwater Valves
Muskoka Street - 6 Lots North of Pumping Station,
Mill Island & St. George Island
22
SCHEDULE "H" TO BY-LAW NO. 2006-75 (cont'd)
Defined Area for Installation of Backwater Valves
Lakeside Drive from Municipal No. 2779 to 2835
(adjacent to Lake Couchiching)
23
SCHEDULE "I" TO BY-LAW NO. 2006-75
Westshore Water & Sewer - Forced Sewage Systems
24
SCHEDULE "I" TO BY-LAW NO. 2006-75 (cont'd)
Westshore Water & Sewer - Forced Sewage Systems