Connections Bylaw No. 12 of 1995

Prince Albert, Saskatchewan

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CITY OF PRINCE ALBERT BYLAW NO. 12 OF 1995 Disclaimer: This consolidation is not an Official Copy of the Bylaw. Amendments have been incorporated solely for research convenience purposes only. Original Bylaw and amendments are available from the City Clerk's Office and must be consulted for purposes of interpretation and application of the law. CONNECTIONS BYLAW BYLAW NO. 12 OF 1995 Including the Following Amendments: AMENDMENTS Bylaw No. 17 of 2000 Bylaw No. 35 of 2001 DATE PASSED April 12, 2000 July 17, 2001 OFFICE CONSOLIDATION CITY OF PRINCE ALBERT BYLAW NO. 12 OF 1995 A Bylaw of The City of Prince Albert respecting the connection of property with sewers and waterworks. WHEREAS Council has established certain public utility services including a Storm Drainage System, a Sewage Works System and a Waterworks System; AND WHEREAS Council deems it desirable that property with certain developments thereon be connected with the City's public utility services when it adjoins or is adjacent to a street or place along which a public utility service pipe has been laid or may be extended from time to time; NOW, THEREFORE, THE COUNCIL OF THE CITY OF PRINCE ALBERT IN OPEN MEETING ASSEMBLED ENACTS AS FOLLOWS: SHORT TITLE 1. This Bylaw shall be known as the "The Connections Bylaw." DEFINITIONS 2. In this Bylaw: (a) "Act" means The Urban Municipality Act, 1984. (b) "applicant" means a person executing an application for a sewer and/or water service connection or a drainage service connection. (c) "assessed owner" means the person listed as an assessed owner on the assessment roll of the City. (d) "backwater valve" means a valve that permits flow in one direction but prevents a return flow designed for use in a building drain if installed in a building drain or in a building storm sewer if installed in a building storm sewer. (e) "Building Bylaw" means the Building Bylaw of The City of Prince Albert, being Bylaw No. 58 of 1993, or such Bylaw or Bylaws as may be substituted therefor from time to time. (f) "building drain" means that part of the lowest horizontal piping of a drainage system which receives the discharge from the soil, water and drainage pipes inside the walls of the building except storm sewer and conveys such discharge to the sanitary sewer connection. (g) "building storm sewer" means that part of the lowest horizontal piping of a drainage system which receives storm water and all other drainage pipes conveying storm water from the premises to the storm sewer connection. (h) "City" means The City of Prince Albert. (i) "City Engineer" means the City Engineer for the City and anyone acting or authorized by the City Commissioner or City Engineer to act on behalf of the City Engineer in the administration of the responsibilities under this Bylaw. (j) "Council" means the Council of the City. (k) "curb stop" means a device for the control of water flow from the water service connection to land or a building or other structure where water is supplied. (l) "Custom Work Order Policy" means the estimation of the value of work performed by City forces or on behalf of the City that is calculated by the City Engineer to constitute the standard charge for all work of a similar nature which is deemed to reflect the actual cost to the City of labour, equipment, material used, all applicable taxes, plus an administration fee equal to 15 percent of the value of the cost; the invoicing for the work performed on the basis of the standard charge, crediting any deposit which the City Engineer may have required to be paid and the requirement of the person making the deposit to pay any balance owing. (m) "Director of Finance" means the City Treasurer or the Director of Finance for the City and anyone acting or authorized by the City Commissioner, the City Treasurer or the Director of Finance to act on behalf of the Director of Finance. (n) "Drainage System" means an assembly of pipes, fittings, fixtures, traps and appurtenances that are used to convey storm sewer to a building storm sewer. (o) "premises" means any real property or building. (p) "Regulations" means the Regulations Governing Plumbing and Drainage under The Public Health Act or such other provincial regulations as may be promulgated under a provincial act replacing The Public Health Act which govern plumbing and drainage. (q) "Sanitary Sewer Bylaw" means the Sanitary Sewer Bylaw of The City of Prince Albert, being Bylaw No. 10 of 1995, or such Bylaw or Bylaws as may be substituted therefor from time to time. (r) "sanitary sewer connection" means a pipe which conveys sewage, ground water or other waste from the building drain of premises to the Sewage Works System, private sewage disposal system or private sewage works. (s) "sewage" or "effluent" means liquid waste other than storm water and not containing any substances referred to in Section 7 of the Sanitary Sewer Bylaw. (t) "service connection" means sanitary sewer connection, water service connection and storm sewer connection or any of them as the context may require. (u) "Sewage Works System" means the whole or any part of the equipment by which or through which the City collects and disposes of sewage, whether or not same is owned or under the control of the City, and the improvement, extension and replacement of such equipment, the sewer mains, manholes, sewage lift stations, force mains, all other related appliances and appurtenances as are designed to form a part thereof and the treatment processes by which sewage is treated by or on behalf of the City before discharge into the environment. (v) "sewer services" means all aspects of service to applicants and owners supplied pursuant to the Sanitary Sewer Bylaw through the Sewage Works System. (w) "Storm Drainage System" means an assembly of pipes, fittings, fixtures, traps, catch basins, storm sewer mains, channels, backup facilities, outfalls and all other facilities of the City designed for the collection, transmission and disposal of storm water. (x) "Storm Sewer Bylaw" means the Storm Sewer Bylaw of The City of Prince Albert, being Bylaw No. 11 of 1995, or such Bylaw or Bylaws as may be substituted therefor from time to time. (y) "storm sewer connection" means that part of a Drainage System connecting the building storm sewer to the storm sewer main of the Storm Drainage System. (z) "storm water" means rainwater or water from the melting of snow or ice. (aa) "water service connection" means the pipes and all related appurtenances for the conveyance of water from the Waterworks System to provide water services to premises. (bb) "water services" means all aspects of service supplied pursuant to the Water Services Bylaw to applicants, owners and persons hauling water from the water crane and includes the water supplied from the Waterworks System. (cc) "Water Services Bylaw" means the Water Service Bylaw of The City of Prince Albert, being Bylaw No. 9 of 1995, or such Bylaw or Bylaws as may be substituted therefor from time to time. (dd) "Waterworks System" means the whole or any part of the equipment by which or through which the City conveys water, its improvement, extension or replacement and, not to limit the generality of the foregoing, includes pumps, sedimentation system, filtration system, Water Treatment Plant, reservoirs, water mains, pipe valve connections, corporation stops, hydrants, valves, and other related works, curb stops, meters and related appliances, all other appurtenances as are designed to form a part thereof and the treatment processes by which water is treated before conveyance into the water mains. INTERPRETATION 3. (1) Unless the context otherwise requires, subject to Section 2, terms and expressions used in this Bylaw shall have the same meaning as in the Act and the Regulations and in the event of conflict, the Act shall apply. (2) All words, either in this Bylaw or in the Schedules hereto, shall be interpreted to include a corporation, firm or partnership or such number and gender as the context may require. Marginal notes and headings shall not be given any effect in determining the proper interpretation of this Bylaw. SCHEDULES 4. Schedule "A", the application for sewer and/or water service connection, and Schedule "B", application for termination of connection, are incorporated into and form part of this Bylaw in their present form or as the same may be modified from time to time hereafter by resolution of Council. STORM DRAINAGE PLAN 5. (1) Every owner of a new or proposed development involving a building or hard landscaping in excess of 1,700 square metres shall obtain approval of a storm water drainage plan for the development before a Building or Development Permit is issued. (2) No owner of any premises shall cause, permit, suffer or allow storm water from such premises to be discharged directly: (a) into the Sewage Works System; or (b) onto the surface of a public roadway or premises owned or controlled by the City whether by means of a pipe, swale, ditch or other conveyance unless he has first obtained approval of the plan for such drainage. (3) Every owner making application for approval of a plan for storm water drainage or pursuant to Subsection (2)(b) shall submit to the City Engineer storm water drainage plans for the development showing the following: (a) elevations of the site and on-site storm sewer elevations; (b) size and storm sewer calculations, storage requirements and release rates of storm water. (4) Storm water drainage plans for any development referred to in Subsection (1) shall comply with the following specifications: (a) roof and surface storm water drainage shall not be discharged directly into a sanitary sewer connection; and (b) storm water from the development, including hard landscaping, shall be regulated so as not to exceed pre-development run-off. The guideline for the design rainfall shall be 50 millimetres (equivalent to a once-in-5-year, 24-hour rainfall). Notwithstanding the foregoing, the City Engineer is hereby authorized to approve site drainage plans that he considers to be a reasonable alternative to or variation of the said specifications. (5) The storm water drainage plans shall include such detail as the Building Inspector and the City Engineer may require, be subject to the prior written approval of the Building Inspector and the City Engineer and shall be executed with no deviation from approved plans. 6. (1) Where a proposed development referred to in Section 5(1) does not have a storm sewer main abutting the premises or is not within a storm drainage area, the City Engineer may require that the Storm Drainage System be extended at the cost of the owner of the land upon which the development is to be constructed in order that a storm sewer connection may be made with the Storm Drainage System. (2) The extension of the Storm Drainage System, reconstruction and repair of the public roadways and other surfaces disturbed shall be carried out at the sole cost of the owner pursuant to the Custom Work Order Policy unless otherwise approved by the City Engineer. SERVICE CONNECTIONS 7. (1) Except as otherwise provided in the Regulations, a separate and independent sanitary sewer connection shall be provided to serve every building or structure upon land abutting a sewer main, and a separate and independent water service connection shall be provided to serve every building or structure upon land abutting a water main, excepting: (a) where there is more than one unit within the building to be provided with sewer services or water services, the number of each type of service connection shall be determined by the City Engineer; or (b) where one building stands at the rear of another on an interior lot, and no private water service connection or sanitary sewer connection is available or can be constructed to the rear building through any adjoining alley, court or place, the water service connection or sanitary sewer connection from the front building may be extended to the rear building, provided that the owner has complied with The Water Corporation Act and other applicable laws, and the whole of the service connection shall be administered, billed and dealt with as one water service connection or sanitary sewer connection as the case may be. (2) Where land is not abutting a water main or sewer main and the owner desires to obtain services for the land, the owner and the City may mutually agree upon terms and conditions under which such services may be supplied, provided such agreement shall run with the land, be binding upon subsequent owners and protected by an encumbrance against the land registered in the Land Titles Office of the Prince Albert Land Registration District. 8. (1) Except as otherwise provided, an owner shall forthwith make application for a new service connection: (a) when, in the opinion of the City Engineer, whether by reason of a need for increased capacity any other reason whatsoever, an existing service connection requires replacement; (b) where a building has been demolished and a new structure at that location is to be supplied with water services or sewer services or a new structure is set upon land to which any service connection is provided and the existing service connection, in the opinion of the City Engineer pursuant to Subsection (a), requires replacement; or (c) when the Waterworks System or Sewage Works System is extended so as to become available to premises not previously supplied with similar service. (2) In the circumstances referred to in Subsection (1)(c), within the time permitted by the Regulations or other provincial law, the owner shall make application for the installation of a service connection. (3) Where a building has been demolished and a new structure at that location is to be supplied with water services or sewer services or a new structure is set upon land to which water services or sewer services are provided, the owner shall not use pre-existing service connections without prior written authorization of the City Engineer. Such authorization may be conditional upon the owner's agreeing to save harmless the City from all claims in a form satisfactory to the City Engineer. (4) No one shall commence construction pursuant to a Building Permit issued under the Building Bylaw until an application for same and the required deposit have been given to the City. (5) The owner shall make application for a sewer and/or water service connection in the form marked as Schedule "A" and for a storm sewer connection, in such form as the City Engineer may approve. If no application shall have been made by the owner or if the owner fails to complete that portion of the work to be completed by the owner required by this Bylaw, the City Engineer may give notice to the assessed owner by registered mail and if the owner fails to complete the work within the time permitted by the City Engineer, the City Engineer may undertake and complete the work, and the owner shall be liable to pay the cost of executing the work, undertaken by City forces or contractors retained by the City, calculated pursuant to the Custom Work Order Policy. (6) Whether work in relation to laying, removing, introducing or terminating a service connection is undertaken by the owner or on behalf of the owner by the City, all costs in relation thereto including the reconstruction and repair of any public roadway or other surfaces disturbed, the valves and appurtenances to the service connection including those necessary to tap the water main, sewer main, storm sewer main or other parts of the Water Services System, Sewer Works System or Storm Drainage System shall be borne by the owner. (7) Every applicant for a service connection shall pay a deposit to the City equal to the cost of the installation to the property line of the land and all surface repairs as estimated by the City Engineer, except where the cost of the service connection is included in the purchase price of land in City-owned, pre-serviced subdivisions or a pre- serviced City-owned lot. (8) Work and services supplied to the owner by the City shall be undertaken pursuant to the Custom Work Order Policy. Upon completion of the installation, the actual cost thereof shall be calculated by the City Engineer pursuant to the Custom Work Order Policy, and the deposit shall be applied. Any balance owing to the City shall be payable by the owner forthwith upon an account being rendered therefor, and any balance remaining shall be refunded without interest. (9) If the owner defaults in making payment to the City within 30 days of the date of invoice, interest shall be added at the rate of 1.5 percent per month, or 18 percent per annum, until paid or added to taxes. The unpaid balance shall be a charge upon the land serviced and if the charge is in arrears after December 31 of the year in which it becomes payable, the amount shall be added to, and thereby forms part of, taxes on the land to which the service or work related. CONNECTION WITH CITY SYSTEMS 9. (1) The tapping of water mains, sewer mains, storm sewer mains or other parts of the Waterworks System Sewage Works System or Storm Drainage System and the making of any other connection from the portion of the service connection between the main and the property line of the street abutting the land to be serviced shall be undertaken by the City Engineer unless specific authorization for any other person to undertake such work has been provided by the City Engineer and all such work shall be undertaken at the cost of the owner. (2) No storm sewer connection shall be constructed in the City except in accordance with storm water drainage plans which have been approved by the City Engineer. (3) A person whose application for a service connection has not been approved in writing by the City Engineer shall not be entitled have the service connection installed or to obtain the service at the location to which the application pertains. The City Engineer may refuse to approve any application where there is no main conveniently accessible to which the service connection may be attached or where the City Engineer is of the opinion that such service connection may over-burden or otherwise deleteriously affect the system to which it is attached. The City Engineer may, upon notice by registered mail to the assessed owner of the land proposed to be served by a service connection and refund of any deposit paid, revoke any approval of an application which has been issued in error. STANDARD SPECIFICATIONS 10. (1) All service connections shall conform to the specifications of a Grade Certificate provided by the City. (2) A water service connection for a single-family residential use shall not be less than 25 mm (1 inch) in diameter and shall be copper with brass fittings or such other material approved by the City Engineer. The size, material and specifications of the water service connection for any other use shall be specified by the owner on his application and shall comply with the requirements of the Regulations and other applicable provincial and federal law. Sizes, materials and specifications not governed by the Regulations or other provincial or federal law shall be to such specifications as may be approved by the City Engineer. (3) The City shall place on each water service connection a curb stop between the street gutter and the property line for the purposes of supplying water and interrupting the supply of water. (4) All water service connections shall be placed at a depth of not less than 3 metres below grade at all points between the City's water main and the outside of the foundation wall of any building or structure to be supplied with water services. (35/2001, s.1) 11. Excepting as hereinafter provided, every applicant for a sanitary sewer connection shall install a backwater valve on a building drain for a single-family use or on all lateral pipes connected to the building drain for multi-unit use. On installation of a backwater valve that is designed to operate in the "normally closed" position, a vent pipe of no less than 38mm (1 ½ inch) in diameter shall be installed in the building drain within the interior wall through which the building drain exits the building. In the case of a backwater valve that is designed to operate in the "normally open" position, no vent pipe is required. In instances where the floor level of the building is higher than the street grade: or when a building is connected to a private sewage system, a backwater valve is not required. (17/2000, s.2; 17/2000, s.3) 12. A sanitary sewer connection for a single-family residential use shall not be less than 10.16 cm (4 inches) in diameter. Unless otherwise required by the City Engineer, the size, material and specifications of a sanitary sewer connection for any other use shall be specified by the owner on his application and shall comply with the requirements of the Regulations and other applicable provincial and federal law. Sizes, materials and specifications not governed by the Regulations or other provincial or federal law shall be to such specifications as may be approved by the City Engineer. No sanitary sewer connection shall be laid at a slope of less than 2 percent except by written consent of the City Engineer. 13. No person shall convey ground water or subsurface drainage to a sanitary sewer connection without an application in Form "A" first having been made for same at the Department of the City Engineer. Provided that the City Engineer approves the application and the required deposit is paid, a connection to convey ground water or subsurface drainage to a sanitary sewer connection may be made provided the ground water or subsurface drainage is first collected in a separate ground water sump constructed and connected in accordance with the Regulations and other applicable provincial and federal law. Sizes, materials and specifications not governed by the Regulations or other provincial or federal law shall be to such specifications as may be approved by the City Engineer. PLUMBING INSPECTION 14. Before constructing, reconstructing, renewing, adding to, altering or extending any sanitary sewer connection or any part thereof in any building or structure upon land served or to be served by a sanitary sewer connection or water service connection, the owner or authorized agent shall apply to the Plumbing Inspector for a permit. Such application shall be made in writing and shall include all particulars required under The Public Health Act and Regulations. 15. (1) Every applicant for a permit for plumbing inspection shall pay the fee in accordance with the rates set forward in the Regulations. (2) When a permit has not been obtained prior to the commencement of an installation or alteration, in addition to any penalty that may be imposed, the permit fee shall be doubled or as otherwise provided in the Regulations. (3) Upon request of the owner, the City or an official of the provincial or federal department having jurisdiction over plumbing connections, the plumbing contractor of the owner shall furnish proof of a valid permit having been issued which is not revoked. (4) Where a re-inspection of an installation connected to the Sewage Works System or Waterworks System is required due to initial non-conformance with the regulations or orders, a fee equivalent to the original fee for such an installation, but not exceeding $100.00, shall be payable by the applicant or as otherwise provided in the Regulations. 16. Sewer services and water services may be supplied only after the owner establishes to the satisfaction of the City Engineer that the service connections and all pipes, fixtures and appurtenances thereto have been approved under the Regulations. REMOVAL OF CONNECTION 17. (1) If the supply of water through a water service connection is discontinued for a period in excess of 12 months, notice may be given by the City Engineer to the assessed owner of the premises served by the water service connection by registered mail. Within 6 months of service of the notice, the owner shall apply for a termination of all service connections in the form attached hereto and marked as Schedule "B". (2) The application for termination of service connections shall be accompanied by a deposit equal to the estimated cost of terminating the water service connection at the main, disconnecting or blocking the sanitary sewer and storm sewer connections at a place determined to be suitable by the City Engineer and restoring the surface to the condition in which it was before the work commenced. Work to terminate the service connections, restoring and repairing the surface to the condition in which it was within the public roadway or other place under the control of the City shall be executed pursuant to the Custom Work Order Policy. (3) In the event that the owner fails to make application for termination of service connections within 30 days of service of the notice referred to in Subsection (1), the City Engineer may have the work referred to in this section executed and completed by City forces or contractors retained by the City, and the costs thereof, calculated pursuant to the Custom Work Order Policy, shall be payable by the owner. (4) If the owner defaults in making payment to the City within 30 days of the date of invoice, interest shall be added at the rate of 1.5 percent per month, or 18 percent per annum, until paid or added to taxes. The unpaid balance shall be a charge upon the premises of the owner to which the work pertained and if the charge is in arrears after December 31 of the year in which it becomes payable, the amount shall be added to, and thereby forms part of, the taxes on the said premises. 18. (1) In circumstances where it is the opinion of the City Engineer that any service connection requires replacement or where any service connection is no longer required by the owner of the premises, no permit shall be issued by the City for the demolition of a building thereon until the application for termination of the service connection is made, and the required deposit has been paid. (2) Every applicant for a Building Permit or a permit to move a building shall make application for termination of the pre-existing and current service connections and pay the deposit required prior to the permit being issued. MAINTENANCE 19. (1) Excepting as otherwise provided in an Agreement between the City and an owner whose premises is served by the Waterworks System or Sewage Works System and those persons referred to in Section 188(3) of the Act shall be responsible to make repairs of each service connection, excepting for any portion thereof lying beneath the public roadway. (2) Notwithstanding Subsection (1), when a blockage or damage to that portion of the service connection under the public roadway or to any part of the Waterworks System, Sewage Works System or Storm Drainage System arises by reason of any person upon the premises served with a service connection failing to comply with the provisions of any applicable act, regulation, code or bylaw, the owner and those persons referred to in Section 188(3) of the Act shall be responsible for the costs of City forces or contractors retained by the City for clearing such blockage and repairing such damage, calculated pursuant to the Custom Work Order Policy, in addition to any other costs, compensation or other remedy which may be payable or imposed by law. (3) No person shall place, deposit, discharge or suffer or permit or cause to be placed, deposited or discharged into any service connection any liquid or material excepting as permitted pursuant to the Water Services Bylaw, Sanitary Sewer Bylaw and the Storm Sewer Bylaw. (4) Every person who has knowledge that a substance has been discharged contrary to Subsection(3) shall forthwith report same to the City Engineer unless he has reasonable grounds to believe that it has been reported to the City Engineer by another person. OFFENCES 20. Any person who: (a) establishes a new or replacement service connection in any manner other than that prescribed by this Bylaw; (b) connects, or causes the connection of, any pipe or fixture to obtain storm drainage services, water services or sewer services except in accordance with this Bylaw; (c) connects with, terminates or attempts to connect with or terminate a service connection to the Storm Drainage System, the Waterworks System or the Sewer Services System except in accordance with this Bylaw; (d) breaches any provision of this Bylaw; is guilty of an offence punishable on summary conviction. 21. Any person in violation of a provision of this Bylaw shall be guilty of an offence and shall be liable upon summary conviction to a fine not exceeding: (a) $2,000.00 in the case of an individual; or (b) $5,000.00 in the case of a corporation. 22. If any section, subsection, sentence, clause, phrase or other portion of this Bylaw is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed to be a separate, distinct and independent provision, and the holding of the court shall not affect the validity of the remaining portions of the Bylaw. REPEAL 23. Bylaws numbered 39 of 1977, 49 of 1969, 58 of 1978, 33 of 1991, 21 of 1968, 30 of 1966 and 5 of 1994 are hereby repealed. EFFECTIVE DATE OF BYLAW 24. This Bylaw shall come into force and take effect on, from and after the final passing thereof and approval by the Minister under The Public Health Act. INTRODUCED AND READ A FIRST TIME THIS 20th DAY OF March, A.D. 1995. READ A SECOND TIME THIS 20th DAY OF March, A.D. 1995. READ A THIRD TIME AND PASSED THIS 20th DAY OF March, A.D. 1995. "Don Cody" "Charmaine Code" MAYOR CITY CLERK APPROVED BY EXECUTIVE DIRECTOR, COMMUNITY SERVICES OF SASKATCHEWAN HEALTH UNDER THE PROVISIONS OF THE PUBLIC HEALTH ACT - DATED - MAY 10, 1995. Schedule "B" to Bylaw No. 12 of 1995 I hereby make application for termination of the: Water Service Connection Original Application No. Sanitary Sewer Connection Storm Sewer Connection At the property civically described as: I hereby pay a deposit of $ , being estimated cost only. I agree to comply with all the Bylaws of the City now or from time to time in force respecting the termination of the said connection. I further agree that from the date of any account rendered, the said cost or any part thereof remaining unpaid shall be a lien upon the said property and shall be added to and from a part of the taxes upon the property if unpaid after December 31 in the year in which it becomes payable. Except in respect of the City's negligence, in consideration of the acceptance of this application for disconnection, I agree to release, indemnify and save harmless the City, its officials and employees from all claims for damages suffered by me or any third party resulting from the connection and agree to abide by the terms under which the connection is to be made and maintained pursuant to this Bylaw and other Bylaws of the City. Owner's Signature Amount deposited $ Receipt No. Connection removal completed this day of , 19 , and the actual cost thereof calculated pursuant to the Custom Work Order Policy is hereby set at $ . City Engineer