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THE CORPORATION OF THE
TOWNSHIP OF WELLINGTON NORTH
BY-LAW NUMBER 093-16
(CONSOLIDATED includes amendment 010-17)
BEING A BY-LAW TO ENACT RULES AND REGULATIONS FOR THE
MAINTENANCE, OPERATION AND USE OF THE WATER WORKS
DISTRIBUTION SYSTEMS AND TO PROVIDE A FRAMEWORK FOR
CHARGES TO BE ESTABLISHED WITH RESPECT TO THE
MAINTENANCE AND INSPECTION OF PORTIONS THEREOF AND
CHARGES WITH RESPECT TO WATER CONSUMPTION
WHEREAS The Corporation of the Township of Wellington North has constructed
and now operates and maintains a water works distribution system, in the former
Town of Mount Forest and in the former Village of Arthur.
NOW THEREFORE the Council of The Corporation of the Township of Wellington
North enacts as follows:
Definitions
"Act" means the Municipal Act, 2001, S.O. 2001, c. 25 as amended;
"Council" means the Council of The Corporation of the Township of Wellington
North;
"cross connection" means any temporary or permanent water connection that may
allow backflow of contaminants, pollutants, infectious agents, or other material or
substance that has the potential to change the water quality in the water works
distribution system;
"C.S.A." means the Canadian Standards Association;
"Director"" means the Director of Public Works for the Township or his or her duly
authorized representative and as the context requires, all persons authorized to act
at the Director's direction, and further as the context requires, a person duly
licensed by the appropriate government or other agency to do the matter or thing;
"double service water pipes" means the water service pipes that service two or
more premises;
"premises" means any house, building, lot or part of a lot, or both in, through, or
past which water service pipes run;
By-law No. 093-16 & 010-17
Page 2 of 23
2
"remote meter reading system" means the device installed at a separate location
from the water meter and used to record the consumption reading of the meter;
"residence" means a private home or residential dwelling unit and includes a single
family detached dwelling, a semi-detached single family dwelling, a row housing
single family dwelling, a condominium unit, an apartment unit, and other living unit
receiving or to receive water from the water works distribution system;
"road allowance" means land that is a highway as described in Section 26 of the
Act or established as a highway under the Act or land of the Province of Ontario
that is a public highway;
"street line" means the boundary of a property adjoining a road allowance;
"Township" means The Corporation of the Township of Wellington North;
"user" means, as the context requires, the applicant for water supply, the owner or
occupant of or the person to whom invoices are sent for water supplied to a
premises;
"water" means potable water that is fit for human consumption;
"water meter" means the water meter and backflow preventer valve supplied, at
the cost of the user, or at the cost of the Township as provided for herein, and
owned by the Township;
"water service connection" means that part of a water service pipe from the
municipal water main to the street line, including the shut off valve, which supplies
water to any premises in the Township;
"water service pipe" means the water pipes which conduct water from Township
water mains to water meters, or to the building being serviced where a water meter
has not been installed;
"water works distribution system" means the water mains and appurtenances, the
works and the equipment under the jurisdiction of the Township for the supply or
distribution of water or any part of such system;
By-law No. 093-16 & 010-17
Page 3 of 23
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Contents
1. .............................................................................................................................................. Administration
2. ................................................................................................... Application for Water Service Connection
3. .............................................................................................................. Installation of Water Service Pipes
4. ......................................................................................................................... Installation of Water Meters
5. ............................................................................................................... Inspection of Water Service Pipes
6. .......................................................................................................................... Inspection of Water Meters
7. ........................................................................................................... Maintenance of Water Service Pipes
8. ...................................................................................................................... Maintenance of Water Meters
9. ........................................................................................... Operation of Water Works Distribution System
10. ............................................................................................ Cross Connections and Backflow Prevention
11. ......................................................................................................................... Water Rates and Charges
12. ........................................................................................... Restrictions Upon The Outdoor Use of Water
13. ............................. Special Provisions re Use of Services, Charges or Costs, New Services and Policies
14. ................................................................................... Connections to Existing and New Sanitary Sewers
15. ....................................................................................................... Penalties, Offences and Enforcement
15. ........................................................................................................................................................ Repeal
SCHEDULE 1 IMPOSITION OF CONTROLS UPON THE OUTDOOR USE OF WATER ........................ 20
By-law No. 093-16 & 010-17
Page 4 of 23
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Administration
1.1
The administration of the water works distribution system shall be under the
jurisdiction of the Director.
1.2
The administration of water works accounting, servicing and meter reading
shall be under the jurisdiction of the Director or such other agent or official
or employee of the Township as Council may from time to time determine
by resolution.
1.3
The
administration
of
inspections
of
water
service
piping
and
appurtenances, cross connection control and backflow prevention devices
on private property shall be under the jurisdiction of the Director, provided
that all such inspections shall be conducted by a person duly licensed to do
so by the appropriate government or other agency.
2.
Application for Water Service Connection
2.1
Before water is supplied to any premises the user shall make application to
the Public Works Department of the Township.
2.2
The user shall be liable to pay for the water supplied as indicated by the
water meter at the rates established by the Council of the Township from
time to time, or where a water meter is not yet required as provided in
subsection 4.3 (b) below at the rates so established by the Council.
2.3
The user shall pay to the Township the charge for the water service
connection, and the installation of the water service connection shall be
carried out at the expense of the user and in a manner and with the
materials as approved by the Director.
2.4
Where the user discontinues the use of a water service connection for
water supply to a premises the user shall pay to the Township the charge
for disconnecting such service connection from the water works distribution
system. The applicant for the permit to demolish the premises shall be
required to apply and pay the charge for disconnecting such service
connection prior to the issuance of any permit.
2.5
(a)
Where an existing building is substantially demolished, the existing
water service connection shall be disconnected at the water main at the
expense of the user. The applicant for the permit to construct the
replacement building shall be required to apply and pay for the installation
of a new water service pipe on public property between the water main and
the private property line. If in the opinion of the Director a replacement
building will be completed forthwith after the demolition, the water supply
By-law No. 093-16 & 010-17
Page 5 of 23
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may be shut off at the shut off valve as opposed to disconnection at the
watermain, and the water service pipe on public property may be used for
water supply to the replacement building.
2.5
(b)
For the purposes of this subsection, an existing building is
substantially demolished when more than 50% of the exterior walls of the
first storey above grade are removed whether or not they are subsequently
replaced.
3.
Installation of Water Service Pipes
3.1
Water service pipes on private property shall be installed in a manner and
with materials as approved by the Township. The installation on private
property shall be in accordance with Part 7 of the Building Code as may be
amended from time to time, and also constructed of a material which
complies with the Building Code.
3.2
Double service water pipes will not be permitted in any circumstances.
3.3
The minimum size water service connection shall be 20mm in diameter or
as determined from time to time by the Township's Municipal Servicing
Standards.
3.4
Water service pipes located on private property shall be constructed of a
material which complies with the Building Code as may be amended from
time to time.
3.5
All water service pipes shall be protected from frost with minimum earth
cover of 2 metres.
3.6
When a water meter is required under or pursuant to this by-law, no person
shall make, cause or permit to be made any connection to any water
service pipes so as to use water that has not passed through a water meter
without written approval of the Director. The user of the service for which
such connection has been made shall be liable to pay all back charges for
the unmetered water as well as any other penalties resulting therefrom.
4.
Installation of Water Meters
4.1
Except as provided herein, water meters shall be supplied by the Township
at the cost of the user and at rates established by the Council of the
Township from time to time by resolution made pursuant to this by-law and
this Section. The ownership of all water meters shall remain with the
Township whether supplied and installed at the expense of the Township or
not.
By-law No. 093-16 & 010-17
Page 6 of 23
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4.2
Water meters shall be obtained and installed in accordance with the
Township's standards and specifications and in a manner and with
materials as approved by the Director and in compliance with the Building
Code as may be amended from time to time.
4.3
(a)
Except for water used for the sole purpose of fire protection, and as
provided for in this Section, any water supplied by the Township shall
be metered and the water shall be invoiced by the Township at a rate
established by the Council of the Township from time to time.
(b)
Notwithstanding the requirement in this Section for the installation of
a water meter for the supply of water it shall not be mandatory for
residences to have a water meter installed in order to be supplied
with water until the Council of the Township passes a resolution
pursuant to this by-law and this Section declaring that any water
supplied to residences shall be metered. Until the passing of such
resolution or until a water meter is installed the water supplied to
residences shall be invoiced by the Township at a rate established by
the Council of the Township from time to time.
(c)
Notwithstanding the requirement that water meters be installed at the
cost of the user, water meters for residences may be installed at the
cost of the Township if the Council of the Township so provides in
the resolution provided for in subsection 4.3 (b).
(d)
Notwithstanding the requirement that a water meter include a
backflow prevention valve, water meters for residences may be
installed without backflow preventer valves if the Council of the
Township so provides in the resolution provided for in subsection 4.3
(b).
4.4
No water meter shall be installed that is smaller or larger than the water
service to which it is affixed without the consent of the Director.
4.5
Where in the opinion of the Director, a water meter cannot be conveniently
placed inside a premises, the meter shall be installed in a meter chamber
constructed by the user, to Township standards and specifications, on the
property of the user, at a location approved by the Director at the cost of the
user.
4.6
No person shall use, cause or permit water supplied to be used otherwise
than in connection with the premises for which it is supplied nor shall the
water supplied be sold or otherwise similarly disposed of.
By-law No. 093-16 & 010-17
Page 7 of 23
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4.7
Any person using water or causing or permitting water to be used without a
water meter when such water is required to be metered pursuant to Section
4.3, shall be liable to pay for water so used based on the average
consumption as shown by subsequent meter readings, or if no such
readings are available, on the basis of the normal consumption for similar
premises.
4.8
The Township will not supply, install, inspect or read private water meters,
nor will the Township bill consumption of private water meters. Water supply
pipes to private water meters shall be connected to the user's plumbing on
the downstream side of the Township's water meter.
4.9
The location of a water meter once installed to the satisfaction of the
Township shall not be changed by any person without the consent of the
Director.
4.10
Where a user does not have a water meter as required by or pursuant to
this by-law the Township may at its discretion discontinue the water supply
to the premises after the expiration of five (5) days from written notice from
the Director to the user of the default and the intention to discontinue the
supply.
5.
Inspection of Water Service Pipes
5.1
All water service pipes and appurtenances installed by the user shall
comply with the Ontario Building Code, as may be amended from time to
time, and must be inspected by the Township before any installations are
covered with backfill. The user shall obtain the approval of the Director for
any new water service pipe installation or alteration of existing water service
pipes.
5.2
The Director shall, at all times, be entitled to enter any premises or private
property for the purposes of inspecting, testing and examining pipes,
connections and fixtures which are used in conjunction with the water
service connection.
6.
Inspection of Water Meters
6.1
The Director shall be allowed access to the premises or private property
and be provided free and clear access to the water meter where water is
being supplied, at all reasonable times, for the purpose of reading,
inspecting, testing, making repairs, taking away, or replacing any water
meter, at the discretion of the Director.
6.2
Where a user does not provide access to premises or free and clear access
By-law No. 093-16 & 010-17
Page 8 of 23
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to a water meter within five (5) days after receipt of written notice by the
Director, the Township may at its discretion, discontinue the water supply to
the premises until such time as free and clear access to the water meter is
provided.
7.
Maintenance of Water Service Pipes
7.1
The user shall keep water service pipes on the user's side of the water
service connection in good repair and working order. In default thereof, the
Township may discontinue the water supply.
7.2
The user shall properly protect all water service pipes on the user's side of
the water service connection to a premises including the water meter from
frost and shall be responsible for any damage. The user shall also be
responsible for any water loss occasioned by a leak in the water service
pipe on the user's side of the water service connection the charge for such
water shall be determined by the Public Works Department. The cost
thereof, shall be paid by the user upon demand by the Township, and the
Township will not be responsible for any damages resulting from such
leakage.
7.3
Where any premises are left vacant or without heat, it is the user's
responsibility to shut off the water supply from within the premises and to
drain the piping therein. The user may apply to the Township to have the
shut off valve turned off to stop the water supply. The shut off valve will be
turned on only at the user's request and in the user's presence.
7.4
Where the water supply has not been shut off and premises which have
been left vacant or without heat suffer damage to it or its contents from a
leaking or burst water pipe, the user shall have no claim against the
Township. Should the Township become aware of such leaking or burst
pipes, the Director shall turn off the shut off valve and the water supply shall
not be turned on until the Director in his or her discretion considers it
advisable.
7.5
All service boxes, valve boxes and valve chambers shall be left clear and
accessible at all times.
7.6
The Township shall maintain the water service connections at the
Township's expense.
7.7
Where the user has requested an inspection by means of an excavation of
an existing water service, the user shall deposit a sum of money with the
Township, the amount of which shall be established by the Council of the
Township from time to time. If upon inspection a structural problem is found
By-law No. 093-16 & 010-17
Page 9 of 23
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with the water service connection, the deposit will be refunded.
7.8
The user shall be responsible for thawing frozen water service pipes.
Where the Township, at the request of the user, assists in thawing out
frozen water service pipes at the premises of the user, the assistance shall
be provided solely at the user's risk and the user shall have no claim
whatsoever against the Township by reason of such assistance and shall
compensate the Township for any such expense it may incur in providing
such assistance. If the said expense has not been paid by the user within
thirty (30) days of billing by the Township the Township may transfer the
said expense, or the amount remaining unpaid, to the collector's roll and
collect the amount in the same manner as taxes and subject to the same
interest and penalties as taxes.
8.
Maintenance of Water Meters
8.1
The user shall be liable to pay for any repairs to or replacement of any
water meter damaged or removed from the premises by the user or persons
who are under the control of or are invitees of the user.
8.2
The user shall pay such amounts monthly, in addition to the water
consumption charge, as a flat charge for the maintenance, repair and
replacement of the water meter, as established by the Council of the
Township from time to time, provided that the flat charge shall not cover or
be applied to repairs or replacements referred to in Section 8.1.
8.3
All repairs to or replacement of any water meter and the maintenance of all
valving associated with the water meter shall be done by or through the
Township.
8.4
No person shall without authorization of the Director be permitted to open,
or tamper with any water meter, or with the seals placed on any water
meter, or do any manner of thing which interferes with the proper
measurement of the quantity of water passing through such water meter.
8.5
If a water meter fails to register properly, the user shall be liable to pay the
average consumption rate for a similar period as shown by the water meter
when it was in good working order. Where the water meter is equipped with
a remote meter reading system and a discrepancy occurs between the
reading at the register of the water meter itself and the reading on the read-
out device, the Township will deem the reading at the water meter to be
correct, and will adjust and correct the user's account accordingly.
8.6
If, in the opinion of the Director the condition of the water service pipe or
valves on such piping is such that the water meter cannot be safely
By-law No. 093-16 & 010-17
Page 10 of 23
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removed for the purpose of testing, replacing, repairing or testing in place,
the Director may order the user to make such repairs as may be necessary
to facilitate the removal or testing of the water meter. If upon notice, the
user does not comply with the order, then the water supply to the property
may be turned off at the water shut off valve during removal, replacement,
repair and testing of the water meter and the Township shall not be
responsible for any damages to the user's property arising from such work
or discontinuance of the water supply.
8.7
The Township will ensure that in the calibration of any water meter, there is
a maximum tolerance of 5%. Where the user disputes the calibration of any
water meter, the user may request the Township to have it tested upon
payment of the sum of One Hundred Dollars ($100.00) to the Township
and:
8.7.1 in the event that that the test reveals that the tolerance exceeds 5%
then the Township shall refund the $100.00 payment and replace the
water meter provided that Section 8.1 above (flat charge) shall apply
to the replacement cost;
8.7.2 in the event that the test reveals that the tolerance does not exceed
5% then the $100.00 payment shall be retained by the Township.
8.8
Any leaks which may develop at the water meter or its coupling shall be
reported immediately to the Township. The Township shall not be held
responsible for any damage resulting from such leaks.
9.
Operation of Water Works Distribution System
9.1
No person except the Director shall open or close or cause or permit to be
opened or closed any valve in the water works system, or remove, tamper
with or in any way interfere or cause or permit to be removed, tampered or
interfered with any valve, water meter, hydrant, structure, water main, water
service pipe or water service valve in the water works distribution system.
9.2
No person shall in any way conceal, interfere with, construct or maintain
anything or cause or permit to be concealed or interfered with or
constructed or maintained anything which has the effect of concealing or
interfering with access to a fire hydrant.
9.3
Fire hydrants shall be completely clear of all vegetation or obstructions
within 1 metre from the outside edge of the hydrant.
9.4
No person except the Chief of a Fire Department of the Township or the
Director shall open or close or cause or permit to be opened or closed a fire
By-law No. 093-16 & 010-17
Page 11 of 23
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hydrant or use or cause or permit the use of water from a fire hydrant from
the water works distribution system.
9.5
No person shall draw water or cause or permit water to be drawn from a
private fire protection system, except for fire protection purposes, or for fire
protection related activities.
9.6
The Township may upon reasonable notice discontinue the water supply
from the water works distribution system at any time for cleaning, repairing,
replacing or connecting of mains and service pipes.
9.7
The Director may, without notice, temporarily discontinue the water supply
to any premises where, in his or her opinion, the continuation of the water
supply might be dangerous or cause damage to persons or property.
9.8
The Township will not be responsible in case of damage to boilers, fittings
or other property or injury to persons by reason of any shutdown of the
water supply, even in cases where no notice is given by the Director.
10.
Cross Connections and Backflow Prevention
10.1
No person shall connect, cause to be connected, or permit any piping,
fixture, fitting, container or appliance, to remain connected to the water
works distribution system in a manner which under any circumstances, may
allow non-potable water, waste water, or any other liquid, chemical or
substance to enter the water works distribution system.
10.2
Where any liquid, chemical or substance has entered the water works
distribution system, the Director may immediately carry out an inspection
and may issue such order or orders to the user as may be required to
obtain compliance with Section 10.1.
10.3
If the user to whom the Director has issued an order fails to comply with the
order issued under Section 10.2, the Director at his or her discretion, may
discontinue the water supply without prior notice.
10.4
Notwithstanding Sections 10.1; 10.2 and 10.3, where in the opinion of the
Director, a risk of possible contamination of the water works distribution
system exists, a user shall, on notice from the Director, install on the water
service at the source of potential contamination a cross connection control
device, approved by the Township, in addition to any cross connection
control devices installed in the user's water system.
10.5
All cross connection control or backflow prevention devices shall be
selected, installed and maintained in accordance with C.S.A. standards or
By-law No. 093-16 & 010-17
Page 12 of 23
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other applicable standards. These devices shall be obtained through the
Township or approved by the Township.
10.6
All cross connection control devices shall, at the expense of the user, be
inspected and tested, by persons qualified to carry out such tests, to
demonstrate that the device is in good working condition upon installation,
and thereafter annually, or more often if required by the Township. The user
shall submit a report on a form approved by the Township on any or all tests
performed on the cross connection control device within five (5) days of a
test. A record shall also be displayed on or adjacent to the cross connection
control device, on which record the tester shall record the address of the
premises, the location, type, manufacturer, serial number and size of the
device, the test date, the tester's initials, the tester's name or the name of
his or her employer and the tester's licence number.
10.7
When the results of a test referred to in Section 10.6 indicate that a cross
connection control device is not in good working condition, the user shall
make repairs or replace the device within forty-eight (48) hours.
10.8
If a user fails to have a cross connection control device tested, the Director
may notify the user that the cross connection control device must be tested
within forty-eight (48) hours of the user receiving the notice.
10.9
If a user fails to have a cross connection control device tested when
required by the Director, the Director may discontinue the water supply until
the cross control connection device has been tested and approved as
required by Section 10.6.
10.10 The Director, at his or her discretion, may also require the user to zone or
area protect as required by C.S.A. standards or any applicable standards
within the water distribution system.
10.11 The Director shall be allowed access, upon reasonable notice, to any
premises that are connected to the water works distribution system for the
purpose of performing an inspection to locate possible cross connections.
10.12 Where the user does not provide access referred to in Section 10.11, the
Director may issue a written notice to the user requiring that access be
provided within two (2) days. If access is not provided within this period, the
Director may, at his or her discretion, discontinue the water supply to the
premises until such time as the access is provided.
By-law No. 093-16 & 010-17
Page 13 of 23
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11.
Water Rates and Charges
11.1
The water consumed on all premises in the Township shall be charged for
as indicated by the water meter on each respective property and at rates
established by the Council of the Township from time to time, or where a
water meter is not yet required as provided for in Section 3.3 at the rates so
established by Council.
11.2
Water bills may be rendered monthly, bi-monthly or on any other basis as
established by the Council of the Township from time to time.
11.3
The water supply to a premises may be discontinued if the account for
water supply use is sixty (60) days overdue from the date of the earliest
outstanding account. The cost of stopping and starting the water supply
shall be added to the account and the account shall be paid in full before
the water supply is reinstated.
11.4
If the user moves from one property to another within the Township of
Wellington North and there is an account owing for water supply the water
accounts may be transferred by the Township to the user's new premises.
11.5
Where an account for metered or other water rates or expenses incurred in
the repair of water services, meters, fixtures and all other appurtenances
connected with the water service, or for damage to same or for any other
charges, fee or cost imposed under this by-law is in arrears, the Township
may transfer the amount remaining unpaid for that property to the collector's
roll and collect the amount in the same manner as taxes and subject to the
same interest and penalties as for taxes.
11.6
Water service connections shall be installed entirely at the expense of the
user provided that the Council of the Township may establish flat rate
charges for water service connections from time to time.
11.7
A flat rate charge for the disconnection of water service connections, as
established by the Council of the Township from time to time, shall be paid
by the user.
11.8
When it is determined that a user is using Township water or sewer
services without paying for them they shall be required to pay the Township
of Wellington North an amount equal to the current connection fees if such
were not previously paid and pay back charges for a period of up to five (5)
years or proof of date of connection(s) were made whichever is the lesser
time. The rate charged for these services will be at the same rate charged
to other similar customers during that period of time.
By-law No. 093-16 & 010-17
Page 14 of 23
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11.9
When it is determined that a user has been under or over charged for water
services, the appropriate fee adjustments shall be made retroactive for up
to a maximum of one (1) year from the date the error is discovered.
12.
Restrictions Upon The Outdoor Use of Water
Schedule 1 attached hereto contains the provisions of Section 12 and forms
part of this By-law.
13.
Special Provisions re Use of Services, Charges or Costs, New
Services and Policies
13.1
Storm Water, Drainage and Sump Pumps.
No person shall cause or allow by any means storm water or other drainage
from land (including buildings) owned or controlled by that person to be
directed to or flow into the Township's sanitary sewage systems.
13.2 Confirmation of Policies.
The following policies of the Township with respect to municipal services
are confirmed:
(i)
It is the Township's policy that the extension of municipal services for
new development or existing unserviced development will only be
undertaken if both the sanitary sewer main and watermain are
extended together. The Township will not consider the extension of
sanitary sewers or watermain individually.
(ii)
Council will, by resolution, set aside uncommitted reserve capacity
for sewage treatment and water supply to accommodate existing
homes and businesses serviced by the extension of municipal
services to new development or existing unserviced development.
(iii)
Municipal services will be prioritized and extended to existing
unserviced development based on available funds, health risks,
environmental impacts and proposed developments.
(iv)
All payments required by the Township for connections to services
shall be paid for or provided for in a manner satisfactory to the
Township prior to the time when the connection or connections are
made.
13.3
Existing water and sanitary sewer services:
i)
The three (3) servicing projects (completed approximately within the
By-law No. 093-16 & 010-17
Page 15 of 23
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last 5 years) referred to herein are: the servicing extension
completed at Highway 6 and Wellington County Road 109 running
southerly on highway 6 and the Jones Base Line (former Arthur
Village); the servicing extension completed at Highway 6 and
Wellington County Road 109 running westerly on Wellington County
Road 109 to Charles Street (former Arthur Village); and the servicing
extension completed on Martin Street from Cork Street to Dublin
Street (former Town of Mount Forest).
ii)
With the exception of the three (3) servicing projects described in
paragraph (1), the owners or occupiers of all properties with water
and sanitary sewer services available to the property line upon the
passing of this by-law shall pay the applicable ongoing user fees
whether they are connected to the services or either of them or not.
iii)
With the exception of the three (3) servicing projects provided for in
paragraph (5) and with the exception of any properties serviced prior
to the passage of this by-law and allocating all servicing costs
including connection fees to the properties serviced, all properties
with water and sanitary sewer services available to the property line
upon the passing of this by-law that are not connected to the
services or either of them may be connected to the services or either
of them at the request of the owner upon payment of the applicable
connection fee or fees (also known as the servicing charge or
charges) at the time of the connection.
iv)
With respect to the three (3) servicing projects described in
paragraph (1), no user fees shall be payable by the owner or
occupier of any property with water and sanitary sewer services
available to the property line unless and until the owner has
requested and received a connection or connections whereupon the
owner or occupier shall pay the applicable ongoing user fees for the
service or services.
v)
With respect to the three (3) servicing projects described in
paragraph (1), all properties with water and sewer services available
to the property line but not connected to the services, may be
connected to the services or either of them at the request of the
owner upon payment of the applicable connection fee or fees at the
time of the connection plus payment of an amount equal to the
development charges and connection fees payable at the time of the
connection.
vi)
In all cases, upon connection to the Township's water service or
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sanitary sewer service the property owner shall at the property
owner's expense abandon and decommission any private well or
sewage system on the property in accordance with the current
provincial or other laws applicable thereto.
13.4 New water and sanitary sewer services
i) Upon the passing of this by-law this Article 15.4 shall apply to all future
water and sanitary services installed or extended by the Township.
ii) When water or sanitary sewer services are installed or extended by the
Township as a result of a Provincial Officer's Order by the Ministry of the
Environment or an Order by the applicable Health Unit arising from
concerns over private water or sewage systems, or as a result of a
sufficient Petition to the Township by property owners to extend one or
both services to an area as a local improvement, the Township will install
both services at the same time regardless of the requirements under the
Order or Orders or Petition and:
a)
all properties with resulting water and sanitary sewer services shall
be connected by the owners to those services within six (6) months
after they are available at the property line;
b)
the owner of each such property shall pay the share of the costs for
the services allocated to the property and provided for in a by-law
passed under the Municipal Act, 2001 as amended, without any
further connection fees or charges.
c)
when water or sanitary sewer services are installed or extended by
the Township to accommodate the development of lands for
residential, commercial, industrial or institutional purposes, or as a
result of an infrastructure renewal program of the Township, the
Township will install both services at the same time and:
i.
all properties with resulting water and sanitary sewer
services may, but will not be obliged to, connect to those
services after they are available at the property line at the
request of the owner upon payment of the applicable
connection fee or fees at the time of the connection plus
payment of an amount equal to the then current
development charge.
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ii.
no user fees shall be payable by the owner or occupier of
any of such properties with water and sanitary sewer
services available to the property line unless and until the
owner has requested and received a connection or
connections whereupon the owner or occupier shall pay
the applicable ongoing user fees for the service or
services.
14.
CONNECTIONS TO EXISTING AND NEW SANITARY SEWERS
14.1
No connection to any Township sanitary sewer system may be made
without the permission of the Public Works Department or the Building
Department of the Township.
14.1
Upon completion of a connection to any Township sanitary sewer
system, no sewage or liquid may be discharged into the system from the
building serviced by the connection until a closed circuit television (CCTV)
inspection of the pipe from the building to the Township's sewer main has
been completed, in form and content and with functionality results
satisfactory to and approved by the Township's Public Works Department
or the Township's Building Department.
15. FAILURE TO COMPLY AND COST RECOVERY
15.1
Where a person defaults in complying with a direction, requirement or order
under this By-law to do a matter or thing, an officer or agent on behalf of the
Municipality may, with such assistance from others as may be required, enter the
land on which the contravention occurred at any reasonable time, and carry out
such direction, requirement or order at the person's expense.
15.2
In accordance with section 446 of the Municipal Act, 2001 the Municipality may
recover the costs, from the person directed, required or ordered to do a matter or
thing under this By-law, by action or by adding the costs to the tax roll and
collecting them in the same manner as property taxes, and such costs to the tax
roll and collecting them in the same manner as property taxes, and such costs
shall include interest at an annual rate of 15 per cent.
15.3
For the purpose of subsection 21.2, interest shall be calculated for the period
commencing the day the Municipality incurs the costs and ending on the day the
costs including the interest are paid in full.
15.4
The amount the Municipality's costs incurred plus interest to the date payment is
made in full, constitutes a lien upon the land, upon the registration of a notice of
lien upon the land.
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16.
PENALTIES, OFFENCES AND ENFORCEMENT
16.1 Subject to subsection 15.2, any person who contravenes a provision of
this By-law, and an officer or director of a corporation in the event of a
contravention by a corporation, is guilty of an offence and upon conviction
is liable to a fine or penalty as follows:
(a) for a first offence, a minimum of $100.00 and a maximum of
$5,000.00;
(b) for a second offence, a maximum of $15,000.00; and
(c) for a third or subsequent offence, a maximum of $30,000.00.
16.2 Any person who contravenes any order made under this By-law, or an
officer or director of a corporation in the event of a contravention by the
corporation, is guilty of a continuing offence and upon conviction is liable
to a daily fine or penalty of a maximum of $2,500.00 for each day or part
of a day that the offence continues, and despite subsection 10 the total of
all the daily fines imposed for an offence is not limited by the maximums
listed in subsection 15.1.
16.3 If this by-law is contravened and a conviction entered, in addition to any
other remedy and to any penalty imposed by the by-law, the court in which
the conviction has been entered and any court of competent jurisdiction
thereafter may make an order,
(a)
prohibiting the continuation or repetition of the offence by the
person convicted; and
(b)
requiring the person convicted to correct the contravention in
the manner and within the period that the court considers
appropriate.
16.4 Pursuant to section 441 of the Municipal Act, 2001 if any part of a fine for
a contravention of this by-law remains unpaid after the fine becomes due
and payable under section 66 of the Provincial Offences Act, R.S.O. 1990,
c. P.33, as amended, including any extension of time for payment ordered
under that section, the Township may give the person against whom the
fine was imposed a written notice specifying the amount of the fine
payable and the final date on which it is payable, which shall be not less
than twenty one (21) days after the date of the notice.
16.5 If the fine remains unpaid after the final date specified in the notice, the
fine shall be deemed to be unpaid taxes for the purposes of section 351 of
the Municipal Act, 2001.
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16.6 In accordance with section 441.1 of the Municipal Act, 2001 any part of a
fine owing pursuant to this by-law or a related provincial offence may be
added to the tax roll for any property in the Township of Wellington North
for which all of the Owners are responsible for paying the fine, and collect
such fine in the same manner as municipal taxes.
17.
REPEAL
17.1
By-laws 55-09, 18-10 and 91-123 are repealed in their entirety.
17.2
Notwithstanding subsection 17.1, the provisions of the By-law 55-09, 18-10
and 91-123 will be deemed to continue in force and effect with respect to
any and all orders, appeals or prosecutions issued, filed or commenced
under that by-law, and any assessment, rate, charge, tax, fee, liability or
penalty outstanding under that by-law may be collected as if that by-law had
not been repealed.
READ A FIRST, SECOND TIME THIS 5TH DAY OF DECEMBER, 2016
ANDREW LENNOX, MAYOR
KARREN WALLACE, CLERK
READ A THIRD AND FINAL TIME THIS 19TH DAY OF DECEMBER, 2016
ANDREW LENNOX, MAYOR
KARREN WALLACE, CLERK
By-law 010-17 READ A FIRST, SECOND AND THIRD AND FINALLY PASSED
THIS 23RD DAY OF JANUARY, 2017
ANDREW LENNOX, MAYOR
KARREN WALLACE, CLERK
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SCHEDULE 1 IMPOSITION OF CONTROLS
UPON THE OUTDOOR USE OF WATER
Definitions
"hand-watering device" means a container that is not connected to a watering device, is
used to apply water and is operated by muscular power only;
"Director" means the Township's Director of Public Works or his or her designate;
"owner" means the occupant or the owner of the premises or their agent;
"person" includes, but is not limited to, an individual, sole proprietorship, partnership,
association or corporation;
"Township" means The Corporation of the Township of Wellington North;
"water" except as otherwise defined in this Schedule 1, means water produced, treated or
stored by the Township and obtained through a metered or non-metered water distribution
system;
"watering device" includes, but is not limited to, a hose bib, hose, pipe, sprinkler, in-ground
or above-ground irrigation system or drip irrigation system used to apply water, but does
not include a hand-watering device.
12.1
Restrictions on Water Use.
12.1.1 The Stage 1 restrictions set out in this Schedule shall be in effect in the
geographic areas of the former Village of Arthur and Town of Mount Forest at
all times.
12.1.2
On any premises or on the road allowance immediately adjacent to and
within the extension of property lines of premises, no owner shall permit any
person to irrigate with a watering device and no person shall irrigate with a
watering device any lawn, garden, tree, shrub, or other outdoor plant except on
the applicable days provided below and except between the hours of 6:00 a.m.
and 9:00 a.m. and between the hours of 7:00 p.m. and 10:00 p.m. on the
applicable days:
(a) For all premises with even street numbers on even numbered calendar
days;
(b) For all premises with odd street numbers on odd numbered calendar days.
12.1.3
The restrictions with respect to irrigating with a watering device in Section
(2) do not apply to:
(a) Newly planted sod or grass seed forming part of a lawn or newly planted
lawn alternative while being installed and during the 24 hours following the
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completion of the installation;
(b) Lawns treated with any pesticide, herbicide or fertilizer that require irrigation
while being treated and during the 24 hours following the treatment.
(c) The restrictions with respect to irrigating with a watering device in Section
(2) do not apply to premises used for retail and wholesale nurseries or
bowling greens if the permission of the Manager has first been sought and
obtained with respect to the irrigating with a watering device outside of the
allowed times and days.
12.2
Stage 2 Water Supply Emergency Restrictions.
12.2.1 The Stage 2 water supply restrictions set out in Sections 12.2.2, 12.2.3 and
12.2.4 of this Schedule shall be in effect and shall continue to be in effect
for the former Village of Arthur and the former Town of Mount Forest or
either of them when the service capacity of any water production well or
any water storage tower is reduced or compromised as determined by the
Director.
12.2.2 No owner shall do or permit the activities listed in Section 12.2.3 below
except on the applicable days provided herein and except between the
hours of 6:00 a.m. and 9:00 a.m. and between the hours of 7:00 p.m. and
10:00 p.m. on the applicable days, that is:
(a) For all premises with even street numbers on even numbered calendar
days;
(b) For all premises with odd street numbers on odd numbered calendar days.
12.2.3For purposes of Section 12.2 no owner shall carry out, engage in, or permit:
(a) Cleaning with a watering device a vehicle parked on residential premises
or on a road allowance immediately adjacent to and within the extension of
the boundary lines of residential premises;
(b) Cleaning with water the exterior of a building or attachments thereto, a
driveway or a walkway;
(c) Irrigating with water a driveway, walkway or roadway;
(d) Operation of a decorative fountain unless all water used is continuously
recycled;
(e) Cleaning with water or filling with water any decorative fountain or any
residential swimming pool, hot tub or garden pond;
(f) Wasting water when using it outdoors.
12.2.4 No owner shall irrigate with water during a rainfall or permit any person to
irrigate with water during a rainfall.
12.2.5 The Director shall give notice of his or her determination under Section
12.2 to the public by any one or more of the following means:
(a) Publication of notice in a local newspaper or newspapers;
(b) Radio or television;
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(c) Delivery of notice to affected premises,
(d) Social media including the Township website,
(e) Electronic methods including emails or
(f) Any other means of giving notice that has a reasonable likelihood of
coming to the attention of persons who are affected.
12.3
Stage 3 Water Supply Prohibitions.
12.3.1 The Stage 3 water supply prohibitions set out in Sections 12.3.2, 12.3.3,
12.3.4, 12.3.5 and 12.3.6 of this Section shall be in effect and shall
continue to be in effect for the former Village of Arthur and the former Town
of Mount Forest or either of them when the service capability of any water
production well or any water storage tower has declined to the point where
the continued supply of sufficient water for the basic needs of the public is
in jeopardy as determined by the Director.
12.3.2 No owner shall permit any person to irrigate with water and no person shall
irrigate with water any lawn, including newly planted sod or grass seed
forming part of a lawn and newly planted lawn alternative, and lawns
treated with any pesticide, herbicide or fertilizer.
12.3.3 No owner shall permit any person to irrigate with water and no person shall
irrigate with water any garden, tree, shrub or other outdoor plant.
12.3.4 No person shall permit any person to clean with water and no person shall
clean with water the exterior of a building or attachments thereto, a
driveway or a walkway.
12.3.5 No owner shall permit any person to clean with water and no person shall
clean with water a vehicle parked on residential premises or on the road
allowance immediately adjacent to and within the extension of the boundary
lines of residential premises.
12.3.6 No person shall permit and no person shall:
(a) Operate a decorative fountain unless all water used is continuously
recycled, or fill a decorative fountain;
(b) Clean with water or fill with water any decorative fountain or any residential
swimming pool, hot tub, or garden pond; and
(c) Waste water when using it outdoors.
12.3.7 The Director shall give notice of his or her determination under Section
12.3 to the public by any one or more of the following means:
(a) Publication of notice in a local newspaper or newspapers;
(b) Radio or television;
(c) Delivery of notice to affected premises,
(d) Social media including the Township website,
(e) Electronic methods including emails or
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(f) Any other means of giving notice that has a reasonable likelihood of
coming to the attention of persons who are affected.
12.4
Administration and Enforcement
12.4.1
The Director is responsible for the administration of this Schedule 1.
12.4.2
This Schedule 1 may be enforced by a municipal law enforcement officer or
a provincial offences officer.
12.4.3 In the event that water is being used on or from a premises contrary to the
provisions of this Schedule 1, the Township may shut off the supply of
water to the premises upon giving verbal or other notice to any reasonably
available person occupying the premises, or without notice if no one is
reasonably available to give notice to. When the owner agrees to comply
with the provisions of this Schedule 1, the water supply to the premises
shall be restored by the Township provided that the charge established by
the Council of the Township from time to time for turning the supply of
water back on is paid by the owner, and failing payment in whole or in part
the Township may transfer the amount remaining unpaid to the Collector's
Roll and collect the amount in the same manner as taxes and subject to the
same interest and penalties as for taxes.
12.4.4
If any section or sections of this Schedule 1 or parts of it are found by any
court to be illegal or beyond the power of council to enact, such section or
sections or parts of it shall be deemed to be severable and all other
sections or parts of this Schedule 1 shall be deemed to be separate and
independent and shall continue in full force.