Loading...
By-law No. 2019-061 MUNICIPALITY OF BAYHAM BY-LAW NO 2019-061 BEING A BY-LAW RESPECTING THE MUNICIPAL WATER SUPPLY SYSTEM IN THE MUNICIPALITY OF BAYHAM AND THE ESTABLISHMENT OF WATER RATES AND WATER CHARGES WHEREAS under section 11 of the Municipal Act, 2001, a municipality may pass by-laws respecting matters within the sphere of jurisdiction of Public Utilities, which includes a system that is used to provide water services for the public; AND WHEREAS section 9 of the Municipal Act, 2001 provides that section 11 shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as they consider appropriate and to enhance their ability to respond to municipal issues; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS A BY-LAW AS FOLLOWS: Short Title This By-law may be referred to as the Municipal Water Supply System By-law Section 1 — Definitions 1.1 In this by-law: a) "Chief Building Official (CBO)" shall mean the Chief Building Official (CBO) of the Corporation of the Municipality of Bayham; b) "Consumer" shall mean the Owner, occupant, builder or developer of property which is serviced by, connected to or uses the Municipal Water Supply System; c) "Council" shall mean the Council of the Corporation of the Municipality of Bayham; d) "Dwelling Unit" shall mean real property used or designed for use as a home or as a place in which one or more persons may sleep; e) "Metered Water" shall mean Municipal Water supplied to Consumers through Water Meters; f) "Municipality" shall mean the Corporation of the Municipality of Bayham; g) "Municipal Water" shall mean Potable Water or Raw Water carried by the Municipal Water Supply System; 1 h) "Municipal Water Supply System" shall mean the water supply system of the Municipality including all water supply plants, wells, intakes, outlets, equipment, water storage tanks and reservoirs, water supply pumping stations, Watermains, appurtenances, Water Service Connections, Water Meters and all other water works designated for the supply of water together with all lands appropriated for such purposes and uses; i) "Owner" shall mean the registered owner of a parcel of property as such person is described in the most current assessment roll; j) "Person" shall include, but not be limited to, an individual, sole proprietorship, partnership, unincorporated association, unincorporated organization, corporation, trustee, heir, executor, administrator or other legal representative; k) "Potable Water" shall mean treated Municipal Water; I) "Private Water Meter" shall mean a water meter purchased and installed by the Consumer for secondary measurement of water consumption; m) "Raw Water" shall mean untreated Municipal Water; n) "Residential Building" shall mean a structure that contains one or more Dwelling Units; o) "Service Pipe" shall mean that part of a Water Service from the street line, property line or easement limit to a building; p) "Treasurer" shall mean the Treasurer of the Corporation of the Municipality of Bayham; q) "Unit" shall mean an area within a building that is self-contained with separate plumbing facilities and, in the case of multiple units, the units may be owned or rented by different Persons; r) "Unmetered Fire Line" shall mean a Water Service supplying Unmetered Water for the purpose of fire protection but does not include a water line serving hydrants owned and maintained by the Municipality; s) "Unmetered Water" shall mean Municipal Water supplied to Consumers without the use of a Water Meter; t) "Water Charges" shall mean the charges set out in Schedule "A" of this by-law and recorded in the Municipal Comprehensive Rates and Fees By-law; u) "Watermain" shall mean a pipe forming part of the Municipal Water Supply System that conveys Municipal Water from water supply plants and wells to Water Services; 2 v) "Water Meter" shall mean a device and associated appurtenances supplied and installed by a licensed plumber or water meter installer used for measuring water consumption for billing purposes; w) "Water Service" shall mean a pipe connecting a Watermain to a building or facility for domestic or fire protection purposes consisting of a Water Service Connection and a Service Pipe; x) "Water Service Connection" shall mean that part of the Municipal Water Supply System connecting a Watermain to a Service Pipe; y) "Water Rates" shall mean the rates set out in Schedule "A" of this by-law and recorded in the Municipal Comprehensive Rates and Fees By-law; z) "Water/Wastewater Operations Manager" shall mean the Water/Wastewater Operations Manager of the Corporation of the Municipality of Bayham. Section 2 - General 2.1 The responsibility for the construction, operation and maintenance of the Municipal Water Supply System is vested in the Water/Wastewater Operations Manager. 2.2 No construction, operation or maintenance work of any kind or nature not specifically authorized by this by-law shall be performed on the whole or any part of the Municipal Water Supply System by anyone other than the Municipality except as authorized in writing by the Water/Wastewater Operations Manager. 2.3 The Municipality may supply Municipal Water as circumstances, equipment and capacity permit. 2.4 No Municipal Water shall be supplied to any property outside of the Municipality of Bayham except by special agreement with the Municipality. 2.5 The Municipality does not guarantee to any Consumer an uninterrupted supply of Municipal Water or that any standard of water pressure, water quantity or water quality will be met or maintained and any failure to provide an uninterrupted supply of Municipal Water or to meet any such standard shall not be construed as neglect on the part of the Municipality. 2.6 No employee or agent of the Municipality shall under any circumstances be permitted to give any guarantee that any set standards for water pressure, water quality or water quantity will be met or maintained. 2.7 The Municipality may limit the amount of Municipal Water supplied to a Consumer. 2.8 The Water/Wastewater Operations Manager may restrict the consumption and use of Municipal Water when required at the sole, absolute and unfettered discretion of the Water/Wastewater Operations Manager. Failure to comply with said restriction 3 shall be an offence. 2.9 The Water/Wastewater Operations Manager may upon reasonable notice to the Consumer shut off water within all or any part of the Municipal Water Supply System, however, in emergency situations, notice need not be given. 2.10 The Municipality shall not be liable for damages caused by the breaking of any Water Service, Watermain or appurtenance or for damage to boilers, fittings or other equipment or property or injury to any Person by reason of any disruption of water supply, including service shut-off and pressure fluctuations, even where no notice is given. 2.11 Any Person authorized by the Water/Wastewater Operations Manager for that purpose shall have free access, at all reasonable times, and upon reasonable notice given and request made, to all property and parts of every building or other premises to which Municipal Water is supplied, for the purpose of inspecting, repairing, altering, disconnecting or shutting off any Service Pipe or appurtenances, or for installing, sealing, replacing, maintaining, repairing, testing, reading, inspecting, or removing any Water Meter as he considers expedient and for such purposes may set the Water Meter or alter its position. 2.12 Plants, shrubs, trees, hedges, fences, other structures and vehicles shall not obstruct the free access to, and the repair or operation of a hydrant, hydrant valve, a Water Service Connection, a valve box, a service box, Water Meter, curb stop or chamber, by duly authorized employees or agents of the Municipality. 2.13 No Person shall proceed with, or authorize, any construction which is, or is proposed to be, located over, under, across or along any Watermain or other works forming part of the Municipal Water Supply System without first notifying the Water/Wastewater Operations Manager in writing of his intention to proceed with the same. If, in the opinion of the Water/Wastewater Operations Manager, it becomes necessary to support, protect or relocate such Watermain or other works, the cost of supporting, protecting or relocating the Watermain or other works shall be charged to such Person and the Water/Wastewater Operations Manager shall have the power to supervise and direct the supporting, protecting or relocating of such works. 2.14 Any Person who has proceeded with or authorized any construction or work which is located under, over, across or along any Watermain or other part of the Municipal Water Supply System shall be liable for any damage caused by such construction or work. The Water/Wastewater Operations Manager shall be notified immediately of any damage inflicted on the Municipal Water Supply System. If the damage is not remedied to the satisfaction of the Water/Wastewater Operations Manager within a reasonable period of time, the Water/Wastewater Operations Manager may, upon giving reasonable notice, have such damage repaired, and the cost of repairs shall be borne solely by such Person. 4 Section 3 —Water Rates, Charges and Revenues 3.1 If in any fiscal year the revenues generated by the Water Rates and Water Charges are not sufficient to meet the Municipality's expenditures for the Municipal Water Supply System, the deficit may be covered by a duly authorized increase in Water Rates and Water Charges for the succeeding fiscal year. To the extent that such increases are not sufficient for such purposes, the required amounts shall be raised by a duly authorized special Municipal levy as set out in the Municipal Act, 2001. 3.2 All revenue raised by the methods described in this by-law, or authorized, shall be applied to the Municipal Water Supply System. 3.3 Consumers of Metered Water shall be billed on the basis of their consumption of Municipal Water and shall be charged the Metered Water Rates set out in Schedule "A" of this by-law. 3.4 Persons desiring to connect buildings that they own or occupy to the Municipal Water Supply System shall, in accordance with Section 5 of this by-law, pay the connection related charges and, in accordance with Section 6 of this by-law, pay frontage charges. 3.5 Persons desiring the extension of the Municipal Water Supply System shall pay charges in accordance with Section 7 of this by-law. 3.6 Persons requiring the miscellaneous services set out in various parts of this by-law shall pay the charges set out in Schedule "A" of this by-law. 3.7 Notwithstanding any Section or Schedule of this by-law the Consumer shall be responsible for all applicable costs associated with the Municipal Water Supply System and the Water/Wastewater Operations Manager shall have authority to require full cost recovery payments of a Consumer for any service provided. Section 4 — Metered Water Service 4.1 Water Meters shall be installed on all Water Services unless otherwise directed by the Water/Wastewater Operations Manager. 4.2 Consumers shall be responsible for providing a location and suitable plumbing for the installation of a Water Meter and any other devices or reading devices associated with the Water Meter. The Water Meter and associated devices shall be installed by a licensed plumber or Water Meter installer prior to occupancy of the building. 4.2.1 A Water Meter and any other devices or reading devices associated with the Water Meter shall be inspected by the Municipality prior to occupancy of the building. 4.3 The Water Meter location shall be readily accessible and located where the Service 5 Pipe enters a building's full basement or in another area of a building or location approved by the Water/Wastewater Operations Manager. The Water Meter shall not be covered or enclosed except with the approval of the Water/Wastewater Operations Manager. 4.4 All Water Meters shall be owned by the Municipality. The cost of additional private water meters, including supply, installation, repair and replacement, shall be borne by the Consumer. Once installed, the Water Meter location shall not be changed except with the approval of the Water/Wastewater Operations Manager. 4.5 Water Meters shall be installed, sealed, replaced, maintained, repaired, tested, inspected, and removed only by employees or agents of the Municipality or by a licensed plumber or water meter installer. 4.6 If the Municipality cannot gain access to a premise, for the purpose of installing, sealing, replacing, maintaining, repairing, testing, reading, inspecting or removing a Water Meter, the Municipality may shut off or restrict the supply of Municipal Water to the property and the Consumer shall pay the water shut off charges set out in Schedule "A" of this by-law. 4.7 The Municipality shall not be responsible for any damage to buildings or property occasioned by, or in the course of, installing, sealing, replacing, maintaining, repairing, testing, reading, inspecting or removing any Water Meter provided that reasonable care has been taken by the employees or agents of the Municipality in the course of such activities. 4.8 Where a metered Water Service is in use, all Municipal Water consumed on the property shall pass through the Water Meter authorized by the Municipality for use on the property except where unmetered use is permitted by this by-law. 4.9 Consumers shall be responsible for the safety and care of the Water Meter placed in the Consumer's building, meter room, chamber or other facility and shall be liable for all damage from any cause, and for the loss of the Water Meter. If the Water Meter is removed without the consent of the Municipality, whether stolen or otherwise, or damaged from any cause, the cost of replacement or repair shall be payable to the Municipality by the Consumer on demand in accordance with the charge for frozen or damaged Water Meters set out in Schedule "A" of this by-law. 4.10 Only one Water Meter shall be installed on a Service Pipe whether the Service Pipe serves a single building, a number of buildings or a multi-unit building unless otherwise approved by the Water/Wastewater Operations Manager. For purposes of this subsection, each half of a semi-detached dwelling and each unit of street townhouses or link houses with separate water services are to be considered a single building. 4.11 If a Consumer receiving Unmetered Water requests that a Water Meter be installed, the Water/Wastewater Operations Manager may, at his discretion, comply with such request. The cost of any plumbing alterations shall be borne by the Consumer. 6 4.12 The Municipality shall not supply, install, replace, repair or inspect Private Water Meters or bill water consumption based on Private Water Meters. Water supply pipes to Private Water Meters must be connected to the Owner's plumbing on the outlet side of a Water Meter. 4.13 No Person, except a Person authorized by the Water/Wastewater Operations Manager for that purpose, shall be permitted to open, or in any way tamper with, any Water Meter, or with the seals placed thereon, or do anything to interfere with the proper registration of the quantity of water passing through such Water Meter. Should any Person change, tamper with or otherwise interfere in any way with any Water Meter placed in any building, meter room, chamber or other facility, the Water/Wastewater Operations Manager may without notice shut-off the water for such building, or premise, and the water shall not be turned on to such building, or premises, without the approval of the Water/Wastewater Operations Manager. 4.14 If the Water/Wastewater Operations Manager directs that a Water Meter be installed in a meter chamber or other facility, it shall be constructed, maintained and kept accessible to the employees or agents of the Municipality by the Consumer at the Consumer's cost in a manner satisfactory to the Water/Wastewater Operations Manager. 4.15 The size of Water Meters to be installed will be determined by the Water/VVastewater Operations Manager based on either maximum demand flow rates provided by the Consumer or on the consumption estimates of the Water/Wastewater Operations Manager where no flow rates are provided by the Consumer or where the flow rates provided by the Consumer are inappropriate in the opinion of the Water/Wastewater Operations Manager. 4.16 Unless otherwise approved by the Water/Wastewater Operations Manager, no pipe connection shall be made to a Service Pipe other than after the outlet side of a Water Meter. Where required or approved by the Water/Wastewater Operations Manager, properly valved and sealed by-passes around the Water Meter shall be provided by and at the expense of the Consumer. 4.17 A Water Meter by-pass is intended for meter maintenance purposes only and shall not be turned on except by the Municipality. 4.18 Stop and waste corporation valves shall be installed on either side of Water Meters. 4.19 Consumers shall immediately notify the Water/Wastewater Operations Manager of any breakage, stoppage or irregularity in a Water Meter. 4.20 Before demolition or removal of a building, the Consumer shall make arrangements with the Water/Wastewater Operations Manager for the shutting off of the Water Service and for safe access for the removal of the Water Meter. All costs to repair or replace a Water Meter, damaged or lost due to building demolition or removal shall be borne by the Consumer. 7 4.21 All Water Meter readings shall be obtained under the co-ordination and control of the Treasurer. 4.22 Water Meter readings may be obtained by duly authorized employees or agents of the Municipality who, while performing Water Meter reading duties, shall carry identification designating them as employees or agents of the Municipality. 4.23 Consumers shall, when requested to do so by the Treasurer, take readings from the Water Meter serving their buildings and shall submit the readings so obtained to the Treasurer in the manner requested. 4.24 Consumers shall provide free and clear access to Water Meters for purposes of reading or inspection, in accordance with Section 4.6 of this by-law. 4.25 Water Meters shall be read at such time as the Treasurer shall, in his absolute discretion, deem advisable. 4.26 The Treasurer shall estimate the quantity of water used by the Consumer since the date of the last accurate meter reading or the last estimate of consumption and bill the Consumer in accordance with the rates set out in Schedule "A" of this by-law, in circumstances where: a) the Water Meter is broken, stopped, frozen or operates intermittently; b) the Water Meter or meter seal has been disconnected, altered, broken or tampered with in any way; c) the Water Meter has been incorrectly read; d) the Water Meter reading has been incorrectly recorded; e) a Water Meter by-pass has been used or the by-pass seal has been disconnected, broken, altered or tampered with; f) the Person duly authorized to do so has been unable to obtain a Water Meter reading; g) no Water Meter reading has been submitted to the Treasurer by a Consumer requested to do so; or h) the Treasurer deems it necessary or desirable 4.27 Where the quantity of water used by a Consumer has been estimated pursuant to Section 4.26 of this by-law, the Treasurer may, at the time of the first accurate meter reading subsequent to such estimate, make a new estimate of the quantity of water used by the Consumer and adjust the billing to the Consumer accordingly. 4.28 In circumstances where, in the opinion of the Water/Wastewater Operations Manager, it is necessary or desirable that a Consumer run water continuously, the Water/VVastewater Operations Manager may authorize such usage and the Treasurer may adjust the Consumer's metered billing to conform with the Consumer's normal pattern of water use. 4.29 A Consumer, upon written application to the Treasurer, may have a Water Meter tested. Every application for testing shall be accompanied by the deposit for testing Water Meters set out in Schedule "A" of this by-law. 8 a) If a Water Meter is shown by the test to measure the flow of water within or below American Water Works Association (AWWA) specifications, the Consumer shall be charged the fee for the test set out in Schedule "A" of this by-law and the deposit set out in Section 4.29 of this by-law shall be credited against that charge. b) If a Water Meter is shown by the test to measure the flow of water above AWWA specifications, no fee shall be charged for the test, the Consumer's deposit will be returned and the Consumer's water bill will be adjusted in an amount determined by the Treasurer. Section 5 — Connections to Municipal Water Supply System 5.1 An Owner (referred to in this Part as an "Applicant") wishing to have a building connected to the Municipal Water Supply System shall apply to the Municipality. 5.2 No connection shall be made to the Municipal Water Supply System until; a) an Application for Sewer/Water Service in the form provided by the Water/Wastewater Operations Manager (referred to in this Part as an "Application") has been approved by the Municipality; and b) a plumbing permit has been approved by the Chief Building Official. 5.3 All applicable connection charges must be paid and the Municipality's approval received at least three weeks prior to the date by which connection to the Municipal Water Supply System is requested for any Water Service Connection to be installed by the Municipality. 5.4 An Application must be completed prior to the connection of the Service Pipe to the preinstalled Water Service Connection for each separate Water Service in housing developments built on lands subject to registered plans of subdivision where the Water Service Connection has been installed by the subdivider. 5.5 The Water/Wastewater Operations Manager may refuse approval of an Application where, in the Water/VVastewater Operations Manager's opinion; a) the Municipal Water Supply System may be adversely affected; b) there is insufficient water supply available; c) Municipal Water pressures are high or low; d) a Watermain does not abut the Applicant's land; or e) the service would contravene existing by-laws or other regulations. 5.6 An application shall be approved and issued prior to a building permit or plumbing permit being issued where such permits are necessary. 5.7 Where a Water Service Connection is to be installed as part of an Unmetered Fire Line, or for any use other than a single family, semi-detached, street townhouse or street link houses, or where the proposed Water Service Connection is greater than one inch in diameter, detailed plans of the proposed Water Service or Unmetered Fire Line acceptable to the Water/Wastewater Operations Manager shall be submitted with each Application. 9 5.8 Every application shall be accompanied by a payment equal to the Water Service Connection charge set out in Schedule "A" of this by-law, and the applicable frontage charge payment calculated in accordance with Section 6 of this by-law. 5.9 Where a Water Service Connection is required and is not installed as part of a plan of subdivision, the Application shall be construed or interpreted to be an application for the Municipality to construct the Water Service Connection. a) The installation of the Water Service Connection shall not be scheduled or commenced in any way until the Applicant has met all requirements of this by-law. 5.10 If any Water Service installation does not comply with the plans submitted pursuant to Section 5.7 of this by-law, Municipal Water shall not be supplied to the premises served, until the installation is made to comply with the approved plans. 5.11 If the service box on a Water Service Connection, preinstalled as part of a plan of subdivision or newly installed for the development of the lot, has been damaged, the Municipality will repair the service box and invoice the Applicant any associated costs. 5.12 Water Services for commercial, industrial, institutional and multi-residential buildings shall not be turned on until the systems on private property have been inspected, pressure tested, flushed and chlorinated and the water is determined by qualified personnel to be safe for drinking, all to the satisfaction of the Water/Wastewater Operations Manager. Test results shall be submitted to the Water/Wastewater Operations Manager prior to the Water Service being turned on. 5.13 For those applications for which there is insufficient capacity within the water supply facilities servicing the Applicant's property to meet the request of the Applicant, the Municipality may, a) deny the Application; b) grant the Application if, capacity can otherwise be made available; c) require the Applicant to enter into a consumption and discharge agreement with the Municipality ; d) require the Applicant to agree to pay the cost of additional facilities necessary to meet the requirements set out in the application. 5.14 Following the approval by the Municipality of an Application, the Treasurer shall, in the case of a commercial building, establish a customer account in the name of the Consumer, and in the case of a residential building, establish a customer account in the name of the Owner, for the purpose of billing Water Rates and Charges. 5.15 All work involved in the installation and maintenance of Water Service Connections shall be performed only by duly authorized employees or agents of the Municipality or by the Applicant in accordance with the terms of a servicing agreement. 5.16 Every Water Service shall be laid in a straight line and at a right angle to a Watermain, as nearly as practicable. 10 5.17 Where the Applicant indicates in the Application a desired location for the Water Service Connection, it shall be located as indicated provided the proposed location is approved by the Water/Wastewater Operations Manager. 5.18 Where the Applicant does not indicate in the Application a desired location for the Water Service Connection, it will be located as determined by the Water/Wastewater Operations Manager. If the Applicant subsequently requires a relocation of the Water Service Connection, such relocation shall be at the expense of the Applicant, which is in addition to the original Water Service Connection charge. 5.19 No Water Service to one Owner's building shall be installed in, over or across the property of another Person or located on an easement on another Person's property, except by the written consent, in the form of an easement agreement, of the Persons concerned and the approval of the Water/Wastewater Operations Manager. 5.20 Only one Water Service shall be installed on each lot, block or parcel of land unless otherwise approved by the Water/Wastewater Operations Manager. 5.21 A Water Service shall be installed to each Unit of semi-detached houses; street townhouses and street link houses, unless the Water/Wastewater Operations Manager has approved an alternate form of connection. 5.22 Where more than one lot, block or parcel of land under separate ownership is served by a single Water Service, the Water/Wastewater Operations Manager may order the affected Consumers to disconnect from the single Water Service and to conform to Section 5.20 of this by-law and all costs, including those for installing new Water Service Connections, shall be borne by the Consumers. 5.23 Where the Municipality replaces a substandard Water Service Connection as part of a construction project, the Consumer shall be responsible for the cost of replacing the Service Pipe and shall have a period of thirty days from the date of written notice from the Water/Wastewater Operations Manager to connect the Consumer's building to the new Water Service Connection. 5.26 Anti-tampering devices shall be installed on service boxes on new Water Service Connections, when deemed necessary by the Water/Wastewater Operations Manager. 5.27 Where anti-tampering devices are installed on service boxes, the cost of purchasing, installing and maintaining such devices shall be borne by the Consumer. 5.28 The Consumer shall be responsible for the installation of a Service Pipe. 5.29 Water Services shall be installed in the size, material and in compliance with the Ontario Provincial Design Standards and/or Ontario Building Code and 11 subsequently approved by the Water/Wastewater Operations Manager and/or CBO. 5.30 Unless otherwise directed by the Water/Wastewater Operations Manager, Water Services shall be laid, a) at a depth of 1.8 metres below the surface of the soil surrounding the trench in which the pipes are laid or below the certified road grade where the pipes are laid on a road allowance; and b) at a distance of more than 0.5 metres from any other pipe, conduit or drain. 5.31 Service Pipes shall enter a building where there is a full basement or in another area of a building or location approved by the Water/Wastewater Operations Manager which allows free and easy access to install, maintain and read a Water Meter. 5.32 Each Service Pipe, in accordance with Section 4.18 of this by-law, shall be fitted with two full port, stop and waste corporation valves (gate or ball type). One valve shall be located on the inlet side of the Water Meter immediately inside of the building. The other valve shall be on the outlet side of the Water Meter. The valves shall be well secured from frost and of the same size as the Water Meter inlet and outlet stubs. The valves shall be installed and maintained at the Consumer's expense unless otherwise directed by the Water/Wastewater Operations Manager. 5.33 No soldered joints, fittings or other appurtenances shall be permitted on any Water Service. 5.34 All Water Service trenches shall have proper bedding and be properly backfilled to the satisfaction of the Water/VVastewater Operations Manager and adequately protected against settlement. 5.35 The Consumer is responsible for the repair or replacement of a leaking or defective Service Pipe or appurtenance and if, after written notice, it is not remedied, forthwith to the satisfaction of the Water/Wastewater Operations Manager, the Water/Wastewater Operations Manager may enter upon the land where the Service Pipe is located and repair or replace the same and the cost of such repair or replacement shall be borne by the Consumer. 5.36 The Water/Wastewater Operations Manager may shut off or restrict the supply of water to any building in which any leaking or defective pipe, tap or fixture exists, and may require that the pipe, tap or fixture be repaired or replaced by the Consumer in such manner as the Water/Wastewater Operations Manager may approve, before the water is turned on again. 5.37 The Water/Wastewater Operations Manager or the Treasurer may estimate the amount of water lost from leaks and charge the Consumer accordingly. 5.38 If a Service Pipe becomes frozen, the Water/Wastewater Operations Manager may upon request have such Service Pipe thawed, and the Owner shall be responsible 12 for the full charges for such services. The repair costs for damages caused by the thawing operation shall be the responsibility of the Owner. 5.39 Where any thawing operation undertaken pursuant to Section 5.38 of this by-law may in the opinion of the Water/Wastewater Operations Manager present a hazard, the Water/Wastewater Operations Manager may refuse to perform such activity. 5.40 When directed by the Water/Wastewater Operations Manager, the Consumer shall replace the Service Pipe if it is subject to freezing. The associated replacement costs shall be borne by the Consumer. 5.41 No Person shall make any temporary connection to the Municipal Water Supply System except by agreement with the Municipality. 5.42 Where a building has been or will be demolished or removed and an Owner wishes to reuse a Water Service Connection, which previously served the building, the Owner shall apply to reuse the Water Service Connection. Such Application shall be accompanied by an inspection fee in an amount set out in Schedule "A" of this by-law. 5.43 Before approval and issuance of an Application, the Owner shall expose the disused Water Service Connection and prepare it for inspection by the Water/Wastewater Operations Manager, who may, upon inspecting such Water Service Connection, refuse to allow its reuse if, in the opinion of the Water/Wastewater Operations Manager, it is not suitable material, of inadequate size, or defective. The opinion of the Water/Wastewater Operations Manager on this matter shall be final. 5.44 Where the Water/Wastewater Operations Manager deems that the Water Service Connection referred to in Section 5.43 of this by-law cannot be used, the Municipality shall replace such Water Service Connection and all costs shall be borne by the Owner. If a deposit is required, any differential between the cost and the deposit shall either be refunded to or payable by the Owner, as appropriate. 5.45 When the Water/Wastewater Operations Manager determines that a Water Service Connection is no longer required due to property redevelopment or otherwise and can be abandoned, the Water Service Connection shall be disconnected at the Watermain by the Municipality, and the cost of the disconnection shall be borne by the Owner of the lot, block or parcel of land which the Water Service Connection served or was intended to serve, or collected as otherwise directed by the Water/Wastewater Operations Manager. Section 6 - Frontage Charges 6.1 Frontage charges shall be applied to all lots within the Municipal Water Supply System service area where no previous direct contribution to the capital cost of the Watermain has been made in relation to the lot. a) For the purpose of Section 6 of this by-law, service area shall mean the Village of 13 Port Burwell, the Village of Vienna and the Hamlet of Richmond as defined in the Municipality of Bayham Official Plan. 6.2 Frontage charges shall be calculated by multiplying the frontage of the lot by the standard frontage charge rates set out in Schedule "A" of this by-law. 6.3 Subject to Section 6.2 of this by-law the frontage of a lot shall be the frontage as recorded in the Municipal Assessment Roll. 6.4 The Municipality may reduce the frontage of a lot for the purpose of calculating frontage charges for: a) corner lots at the junction or intersection of streets or highways; b) lots that are for any reason wholly or in part unfit for building purposes; c) lots, other than corner lots, that have two limits that abut on two or more streets but which cannot make use or full use of extensions to the Municipal Water Supply System installed in one or more of the said streets; and d) lots having frontage in excess of 50 metres that are used for agricultural purposes or residences in connection with such agricultural purposes. 6.5 The Municipality may reduce or increase the frontage of a lot for the purpose of calculating frontage charges for lots that are triangular or irregularly shaped. 6.6 All reductions or increases of frontage charges pursuant to 6.4 and 6.5 of this by- law shall be made on a fair and equitable basis having regard, among other matters, to the situation, value and superficial area of the lot as compared with other lots and the Municipal Water Supply System services provided to the lot. Any reductions or increases of frontage charges shall be approved by the Treasurer. 6.7 Where the Municipality has reduced the frontage of a lot for the purpose of calculating frontage charges pursuant to Section 6.4 and 6.5 of this by-law, it may subsequently increase the frontage charges where the use of the land changes or where the lot is divided into two or more parcels. 6.8 If the Municipal Water Supply System does not extend to the whole frontage of a lot to be serviced, frontage charges shall nonetheless be based on the total frontage of the lot 6.9 Failure to remit payment in full of all applicable frontage charges shall prohibit actual connection of the Consumer to the Municipal Water Supply System. Section 7 — Extension of the Municipal Water Supply System 7.1 Extension of the Municipal Water Supply System may be undertaken upon such terms and conditions as Council may from time to time impose. 7.2 All extensions of the Municipal Water Supply System shall be made pursuant to by- laws of Council. 14 7.3 Owners may file with the Water/Wastewater Operations Manager a written request for an extension of the Municipal Water Supply System and shall supply the Water/Wastewater Operations Manager with such information with regard to the proposed extension as the Water/Wastewater Operations Manager may request. 7.4 The Water/Wastewater Operations Manager shall forward all requests for extensions of the Municipal Water Supply System to Council. 7.5 Where the Municipal Water Supply System has been extended, Owners of lots abutting such extension shall pay frontage charges in accordance with Section 6 of this by-law. 7.6 Where the Municipal Water Supply System is requested to be extended by an Owner and the building is more than 150 meters away from the Municipal Water Supply System, the Owner shall abide by the following conditions: a) A meter pit shall be installed at the property line closest to the Municipal Water Supply System; b) The Owner of the property shall request from the contractor that the longest Service Pipe be used to reduce the amount of compression fittings on the Service Pipe to reduce potential future leakage problems; 7.7 If, at the same time that a request for the extension of the Municipal Water Supply System is received, sufficient funds do not exist to finance any Municipal share of the cost of such extension, the Owner's request shall either be deferred until the following year or proceeded with on the basis of the Owner prepaying the total cost of the extension. Section 8 —Water Service for Fire Protection 8.1 No Person other than duly authorized employees or agents of the Municipality shall operate or take water from any Municipal or private hydrant. 8.2 The Water/Wastewater Operations Manager may supply Municipal Water to Consumers within the Municipality of Bayham who have Unmetered Fire Lines for fire protection purposes and such water may serve private hydrants, automatic sprinkler systems and standpipes. 8.3 An Unmetered Fire Line shall be separate from the domestic Water Service. 8.4 An Unmetered Fire Line and Water Service Connection may be combined within a public road allowance or easement provided separation takes place within the public road allowance or easement and provided further that a valve is installed on each branch within the public road allowance or easement. 8.5 The Municipality may inspect the installation of a separate fire line for the fee set out in Schedule "A" of this by-law. 8.6 Private hydrants shall be inspected, operated and maintained by the Owners on an 15 annual basis or after every use as required by the Ontario Fire Code. Owners shall also flush private hydrants annually and repair them as required to ensure that they do not leak. 8.7 Where an Unmetered Fire Line is provided, no water shall be taken other than for fire protection or testing of the fire protection system unless authorized by the Water/Wastewater Operations Manager. 8.9 Drain ports in private hydrants shall be plugged. 8.10 If an Unmetered Fire Line or a private hydrant becomes frozen, the Water/Wastewater Operations Manager may upon request have such Unmetered Fire Line or hydrant thawed, and the Owner shall be responsible for the charges for such services. a) The repair costs for damages caused by the thawing operation shall be the responsibility of the Owner of the building. b) Where any thawing operation undertaken pursuant to Section 8.10 (a) of this by-law may in the opinion of the Water/Wastewater Operations Manager present a hazard, the Water/Wastewater Operations Manager may refuse to carry it out. 8.11 Anti-tampering devices shall be installed on hydrants and valve boxes, when deemed necessary by the Water/Wastewater Operations Manager. a) Where anti-tampering devices are installed on hydrants in new developments such as industrial or residential subdivisions, the cost of purchasing, installing and maintaining such devices shall be borne by the developer. 8.12 A driveway shall be constructed no closer than 1 metre from a hydrant. 8.13 If a person requests that a hydrant be relocated away from a driveway or for any other reason, the cost of relocating the hydrant shall be borne by the Person who requests such relocation. Section 9 — Miscellaneous Services and Requirements 9.1 The Water/Wastewater Operations Manager shall, at the request of a Consumer, shut the Consumer's Municipal Water Supply off or turn it on for the charges set out in Schedule "A" of this by-law. 9.2 The Treasurer shall, upon receiving a written request accompanied by payment of the fee set out in Schedule "A" of this by-law, in respect to each separate parcel of land or building, furnish any Person with a written certificate showing the arrears of Water Rates and Water Charges due or outstanding water frontage or connection charges, on or in respect of, any parcel of land or buildings, up to the date to which such rates or charges were last computed. 9.3 Cheques submitted by Consumers and subsequently dishonoured by the financial institutions on which they are drawn shall be processed by the Treasurer for the charge set out in Schedule "A" of this by-law. 16 9.4 The Consumer shall notify the Treasurer in writing when vacating a building. 9.5 When any building is empty, disused or vacated for a period which may exceed four weeks, or is without heat during below freezing weather, it is the Consumer's responsibility to shut off the water supply from within the building and to drain the piping and Water meter therein. The Consumer may apply verbally or in writing to the Treasurer to have the curb stop turned off in accordance with the conditions set out in Section 9.1 of this by-law. 9.6 Where the water supply has not been shut off at the curb stop and any building left vacant or without heat suffers damage or if any of the buildings contents are damaged from a leaking or burst water pipe, the Consumer shall have no claim against the Municipality. Should the Municipality become aware of such leaking or burst water pipes, the Water/Wastewater Operations Manager will turn off the water service at the curb stop and the water supply shall not be turned on until the Water/Wastewater Operations Manager considers it advisable. Section 10 - Billing and Collecting Water Rates and Charges 10.1 The Consumer shall notify the Treasurer in writing of any change of occupancy and shall pay the applicable charges as set out in Schedule "A" of this by-law, for change of occupancy. 10.2 All Water Rates and Water Charges shall be payable for water consumed and services provided and shall be due and payable when rendered. 10.3 Regular billings for Water Rates and Water Charges may be rendered at any periodic interval deemed advisable by the Treasurer. 10.4 The Treasurer may with reasonable notice advance or delay any regular billing of Water Rates or Water Charges. 10.5 The Treasurer may bill Owners for frontage charges imposed pursuant to Section 6 of this by-law at the same time, in the same manner and with the same remedies for collection as Water Rates. 10.6 Where full payment for any regular billing for Water Rates and Water Charges is not received by the Municipality by the due date, the Consumer shall be assessed a late payment charge as set out in Schedule "A", and the amount shall appear on the next regular billing. 10.7 Where any regular billing for Water Rates and Water Charges or interest charges remains unpaid for three billing cycles, a period of six months, the Treasurer may add the amount owing to the municipal tax bill for the lot, as reflected in the assessment roll book, and collect in the same way, as nearly as may be, as municipal taxes are collected. a) If it becomes necessary for the Municipality to initiate the collection action indicated in Section 10.7 of this by-law, a collection fee as set out in Schedule "A" of this by- 17 law, shall be charged to the Consumer. 10.8 All water bills shall be distributed to Consumers by ordinary, prepaid mail or by any other means deemed necessary or appropriate by the Treasurer. 10.9 Water Rates and Water Charges shall be charged and billed to, in the case of a Residential Building, the Owner of the Residential Building; and in the case of all other buildings and properties, the Consumer requesting the Water Services. 10.10 Notwithstanding Section 10.8 of this by-law Water Rates and Water Charges may continue to be charged and billed to the Consumer in whose name the account was established prior to the enactment of this by-law if and so long as such Consumer remains in possession of the Residential Building. a) Where bills may be directed to tenants or occupants at the request of the Owner pursuant to Section 10.10 of this by-law, it is the Owner who is ultimately responsible for the water consumed or wasted to the property. Unpaid Water Rates and Water Charges shall be directed to the owner for payment pursuant to Section 10.7 of this by-law. 10.11 All Water Rates and Water Charges for services rendered to buildings having multiple Units shall be charged and billed to the Owner of the property. a) Subject to Section 10.11 of this by-law properties and/or buildings containing more than one business and/or dwelling unit shall receive a base rate charge as described in Schedule "A" for each dwelling unit and/or business contained therein plus a rate per cubic meter used. b) An Owner may request an inspection by the Water/Wastewater Operations Manager to determine the amount of unit base charges to be charged pursuant to this by-law. c) The decision of the Water/Wastewater Operations Manager regarding an inspection pursuant to Section 10.11(b) shall be final and not subject to appeal. 10.12 All Water Rates and Water Charges for services rendered to buildings registered under the Condominium Act, R.S.O. 1990, c.C.26, as amended, shall be billed to the condominium corporation. 10.13 A person may obtain permission from the Municipality and purchase bulk water from the Municipality if the hauler, upon inspection, has a device that prevents the possibility of a backflow occurrence into the Municipal Water Supply System to the satisfaction of the Water/Wastewater Operations Manager. a) If the Municipality deems that the device on the hauler has the potential for a backflow occurrence into the Municipal Water Supply System; the Municipality will require a backflow device to be installed on the hauler or any other vehicle that is used to haul water. 10.14 Bulk water will be charged at the Water Rate in Schedule 'A'. The bulk hauler will also be responsible to pay staff time and equipment costs associated with the bulk filling. 18 10.15 Payment may be made, with no additional service charge, by personal cheque through the mail, by personal cheque or cash in person at Municipal Office, or with a possible charge, at any chartered bank within the Municipality or at any location or payment means as directed by the Treasurer. Section 11 — Offences and Sanctions 11.1 No Person shall: a) willfully hinder or interrupt, or cause or procure to be hindered or interrupted the Municipality, or any of its officers, contractors, employees or agents, in the exercise of any of the powers conferred by this by-law; b) willfully let off or discharge water so that the water runs waste or useless out of the Municipal Water Supply System; c) being an Owner, a tenant, occupant, or inmate of any house, building or other place supplied with water from the Municipal Water Supply System, lend, sell, or dispose of the water, give it away, permit it to be taken or carried away, use or apply it to the use of benefit of another, or to any use and benefit other than his own, increase the supply of water agreed for without consent of the Municipality, or improperly waste the water; d) without lawful authority willfully open or close or tamper with any hydrant, anti- tampering device, valve, curb stop, or other appurtenances; e) willfully obstruct free access by Municipal employees to any part of the Municipal Water Supply System; f) throw or deposit any injurious, noisome or offensive matter into the water of the Municipal Water Supply System, or upon the ice, if the water is frozen, or in any way foul the water or commits any damage, or injury to the Municipal Water Supply System or Municipal Water, or encourages the same to be done; g) willfully remove, alter or tamper with any Water Meter which includes the meter seal or opens any Water Meter by-pass so as to lessen or alter the amount of water registered; h) lay or cause to be laid any pipe or main to connect with any pipe or main of the Municipal Water Supply System, or in any way obtain or use Municipal Water without the consent of the Municipality; i) hinder, obstruct or refuse entry to any employee or agent of the Municipality in the discharge of any duty under this by-law; j) establish, maintain or use any connection or cross connection to any part of the Municipal Water Supply System whereby foreign matter, non potable water, water from a private well, wastewater, chemical or hazardous substance may enter the Municipal Water Supply System; k) fail to notify the Water/Wastewater Operations Manager of any breakage, stoppage or irregularity in any Water Meter for which he is responsible; I) fail to obey any restriction on consumption, hours of consumption and use of water; m) store pesticides for use of exterminating pests or weeds at a Municipal water facility. These facilities are as follows: i. All air release and drain chambers ii. All fire hydrants and blow-offs iii. Vienna booster station 19 iv. All water valves v. All water meter pits n) contravene any provision of this by-law; 11.2 Every person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to pay a fine or penalty for each offence, exclusive of costs, as provided for in the Provincial Offences Act, R.S.O. 1990, c.P.33, as may be amended from time to time 11.3 For purposes of Section 11 of this by-law, a separate violation shall be deemed to have been committed for each and every day during which any violation continues, and conviction in respect of a violation shall not operate as a bar to further prosecution if such violation continues. 11.4 Where any Consumer willfully hinders or obstructs free access to any Municipal hydrant valve, curb stop or other appurtenance by parking or placing a vehicle or other object above or adjacent to such Municipal equipment, pursuant to Section 2.12 of this by-law, the Water/Wastewater Operations Manager may cause such vehicle or object to be towed or taken away and stored in a suitable place, and all costs and charges for such towing, taking away and storage shall be the responsibility of such Owner. 11.5 In addition to all other sanctions and remedies provided in this by-law, the Water/Wastewater Operations Manager may shut off, restrict, or disconnect the supply of Municipal Water to any Consumer where such Consumer has violated any of the provisions of this by-law or for failure to pay any Municipal invoice or Water Rates or Water Charges and may refuse to restore normal service until the violation complained of has been terminated or remedied. The Municipality will not be liable for any damages to property or injury to Person by reason of shut off, restriction or disconnection of water supply. The Consumer shall pay the applicable charges as set out in Schedule "A" of this by-law. 11.6 Where a condition is found to exist which is contrary to this by-law the Municipality may carry out an inspection and shall issue an order or orders to the Owner to obtain compliance. a) Where with a written notice from the Water/Wastewater Operations Manager has not been complied with within the time period specified within the written notice, the Municipality may take any action deemed necessary to rectify the issue. All costs to rectify the issue shall be borne by the Owner. Section 12 — Enforcement 12.1 The provisions of this by-law may be enforced by any Person, including the Water/Wastewater Operations Manager, approved for the purpose by a by-law of the Municipality and/or employees of the Municipality whose duties include enforcement of this by-law. 20 12.2 If there is a conflict between a provision in this By-law and a provision of any other Municipal By-law, the provision that establishes the highest standard to protect the health, safety and welfare of the general public shall apply. Section 13 — Interpretation 13.1 The schedules referred to in this by-law shall form part of this by-law. 13.2 If any section, subsection, or part of this by-law is declared by any court of competent jurisdiction to be illegal or ultra vires, such section, subsection or part shall be declared to be separate and independent and enacted as such. 13.3 Wherever a word importing the singular number is used in this by-law, such word shall include the plural. 13.4 The grammatical changes required to make the provisions of this by-law apply to individuals (male or female), sole proprietorships, partnerships, unincorporated associations, unincorporated organizations, corporations, trustees, heirs, executors, administrators and other legal representatives where the context so requires shall be assumed as though in each case fully expressed. Section 14 - Repeal 14.1 That By-law No. 2014-099, 2018-027, 2000-041 and By-law No. 2003-032, By-law No. 2011-046 shall be repealed in its entirety, with the exception of the identification of defined and deferred service areas, effective June 30, 2019. Section 15 — Effective Date 15.1 This by-law shall become effective and in full force July 1, 2019. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 20th day of June 2019. MAYOR •' - .4,1°11".'' pir- 21 SCHEDULE 'A' Metered Water Rates (Bayham System) 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Base Monthly $12.92 $13.18 $13.44 $13.71 $13.98 $14.26 $14.55 $14.84 $15.14 $15.44 $15.75 Charge Volume Charge $3.78 $3.86 $3.94 $4.02 $4.10 $4.18 $4.26 $4.35 $4.44 $4.53 $4.62 Per m3 Metered Water Rates (Richmond System) 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Monthly $51.04 $52.06 $53.10 $54.16 $55.24 $56.34 $57.47 $58.62 $59.79 $60.99 $62.21 Charge Volume Charge $3.78 $3.86 $3.94 $4.02 $4.10 $4.18 $4.26 $4.35 $4.44 $4.53 $4.62 Per m3 Water Connection& Frontage Charges 2019 Frontage/ft. Connection Port Burwell $8.18 $1,227.98 Richmond N/A $10,077.25 Vienna $8.37 $1,256.54 Notes: 1) Should costs exceed minimum fee, full cost recovery for Capital Construction will be applied. (This will include road restoration and all other costs incurred to install services.) 2) Connection and Frontage Charges to be indexed annually in January in accordance with the Statistics Canada Quarterly, Construction Price Statistics, catalogue No. 11-001. 3) Bulk Water cost is metered rate plus $250.00 ITEM FEE Water Connection Permit $200.00 Water Connection Inspection $100.00 Water Meter-Residential (including dual check valve and inspection) $450.00 Water Meter Register $310.00 Water Meter Register for Pit Application $350.00 Dual Check Valve $30.00 Water Meter Bottom Plate with Gasket $20.00 Water Meter-Non Residential Full Cost Recovery Dual Check Valve-Non Residential Full Cost Recovery Water Meter Test $300.00 Utility Account Certificate $75.00 Water Shut off/on $100.00 22 Change of Occupancy-New Account Charge $25.00 Add to Tax Roll Charge $50.00 Late Payment Charge 5% 23