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CITY OF MELVILLE
BYLAW NO. 22/2014
A BYLAW OF THE CITY OF MELVILLE TO REGULATE THE INSTALLATION OF
A SUMP PIT AND SURFACE DISCHARGE SYSTEM
WHEREAS, Section 8 of The Cities Act provides a municipality with the authority to
pass bylaws respecting public utilities;
WHEREAS, it is deemed to provide for the matters referred to above and to
establish a standard for a storm water discharge system;
NOW THEREFORE, Melville City Council enacts as follows;
PART I - INTERPRETATION
1.
This Bylaw shall be cited as the "Sump Pit and Surface Discharge Bylaw"
2.
Application
This Bylaw shall apply to all newly constructed structures including but not
limited to residential dwellings and dwelling units with a subsurface drainage
system within the City of Melville for which a building permit has been applied
for after and including September 1, 2014.
3.
Definitions in this Bylaw
(a)
"Approved" means permitted, inspected or approved by the
government agency or other authority having jurisdiction over the
subject matter to which the approval relates;
(b)
"Building Official" means the person appointed by Council, to
perform the duties of this bylaw or any other bylaw or resolution of
Council;
(c)
"City" means the City of Melville.
(d)
"Council" means the Council of the City of Melville;
(e)
"Dwelling" means a building or part of a building intended for
residential occupancy;
(f)
"Owner" means a person who has any right, title, estate or interest in
land or improvements other than that of a mere occupant, tenant or
mortgagee;
(g)
"Sump Pit and Surface Discharge System" means a system
including sump, sump pump and related plumbing used to convey
water collected by subsurface drainage to the surface;
(h)
"Yard, Front" means a yard extending across the full width of a lot
between the front lot line and the nearest wall of the principal building
or structure on the lot;
(i)
"Yard, Rear" means a yard extending across the full width of a lot
between the rear lot line and the nearest main wall of the principal
building or structure on the lot.
PART II - STANDARDS
4.
The owner of every newly constructed structure shall install a drainage
system as per section 9.14 of the National Building Code of Canada.
Drainage systems will be installed so as to allow discharge to the surface.
(a)
Discharging to the surface:
(i)
Discharge shall not be directed onto a previous ground surface
within 2 meters of any building.
(ii)
Discharge shall be directed to the front yard or the rear yard of
the property and shall not traverse onto any adjacent property,
unless it is part of a surface drainage system.
(iii)
Any deviation from front yard or rear yard discharge will have to
be approved by the City Manager; representative appointed by
the City Manager or the Public Works Manager, and will have
to be in writing.
5.
The Sump Pit and Surface Discharge System shall be installed in such a
manner as to comply with all City bylaws and policies and other applicable
regulatory authorities and without causing excessive ponding or icing on
public or private property;
6.
The costs associated with installing a Sump Pit and Surface Discharge
System will be the sole responsibility of the owner.
7.
Sump pumps, sump pits, subsurface drainage systems and surface
discharge systems shall not be connected to the domestic sewage system.
8.
No development permit shall be issued, if a drainage system is not shown on
the set of building plans.
9.
Occupancy permit will not be granted if there is any contravention of this
bylaw.
PART III - ENFORCEMENT
10.
Enforcement of Bylaws
The administration and enforcement of this Bylaw is hereby delegated to the
Building Official or the Bylaw Enforcement Officer or a Representative
appointed by the City of Melville.
PART IV - OFFENCES AND PENALTIES
11.
Any person in violation of a provision of this Bylaw shall be deemed guilty of
an offense and shall be liable upon summary conviction to a fine of not less
than $500.00 but not exceeding:
(a)
$10,000.00 in the case of an individual; or
(b)
$25,000.00 in the case of a corporation
PART V - SEVERABILITY
12.
If a Court of competent jurisdiction should declare any section or part of a
section of this Bylaw to be invalid, such section or part of a section shall not
be construed as having persuaded or influenced the Council to pass the
remainder of the Bylaw, and it is hereby declared that the remainder of the
Bylaw shall be valid and shall remain in force and take effect
13.
Coming into Force
This Bylaw shall come into force and take effect on the 2nd day of
September, 2014.
INTRODUCED and READ a First time this 2nd Day of September, 2014, A.D.
READ a Second time this 2nd Day of September, 2014, A.D.
READ a Third time and PASSED this 2nd Day of September, 2014, A.D.
Mayor
City Manager