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TOWN OF LUNENBURG
BY-LAW NUMBER 54
A BY-LAW RESPECTING ANNUAL SEWER CHARGES
BE IT ENACTED by the Town Council oftheTown of Lunenburg underthe authority
of the Tcwn's Act, R.S.I\J.S., 1989 as follows:
Shori Title
1 .l This by-law shall be known as and may be cited as the "Annual Sewer
Chal-ge By-law".
Definitions
2.1
In this By-law:
(a)
"bed and breakfast establishment" means a private home in
which the owner I-esides and provides accornrnodation to the
traveling orvacationing publicof a maximum of four bedrooms
and a conlmon livingroom and serves breakfast of which the
cost is included in the price oiihe accommodation.
(b)
"chargenand "rate" in this By-lawshall havethe same rneaning
and shall be used interchangeably.
(c)
"Councii" means the Town Council of the Town of Lunenburg.
(d)
"Dwelling Unit" means one or more habitable rooms designed
or intended for use by one or more individuals as an
independent and separate housekeeping establishment in
which separate kitchen and sanitary facilities are pi-ovided for
the exclusive use of such individual or individuals, with a
private entrance from outside the building or from a common
hallway or stairway inside the building.
(e)
"Non-residential" means any propeity except property
assessed as residential property and without limiting the
foregoing, includes all property of an institutional nature
i~icluding Homes for Special Care and Nursing Homes.
(f)
"Non-residential assessment" means all assessment including
assessment exempt from taxation and Homes for Special Care
and Nursing Homes assessment, but does not include
residential property and business occupancy assessment.
Page l of 5
"Sanitary Sewer" means a sewer receiving and carrying liquid
and water-carried wastes to which storm surface or
groundwaters ai-e not intentionall)/ adrnitied.
"Sewage" means the combination of liquid and water-carried
wastesfroni buildi~igs, containing animal, vegetable or mineral
matter in suspension or solution, together with such
groundwater, surface wateror siormwateras ~miglit be present.
"Sewer" means a pipe or conduit for carrying any, sorne or all
of sewage, groundwater, siormwater or surface runoff, and
includes all sewer drains, storm sewers, c!ear water sewers,
storm drains and combined sewers vested in or under the
control of the Town of Lunenburg.
"Sewer System" means a sewer which carries either or both of
sanitary sewage as defined hereafter and storniwaier as
deiined hereafter, and which is owned and operated by the
Town.
"Sanitary Sewage" means water-cai-ried wastes frorr~
residences, comniercial buildings or pieniises, institutions, and
industrial establishments, but excluding stormwater, asdefined
hereafter.
"Stormwater" means water from precipitation of all kinds,
includes water from the melting of snow and ice, groundwater
discharge and surface water.
"Private Sewer" means a sewer including semier lateral, witicli
is loca.ied on private or public property v~ihicli is not owned or
maintained by the Town.
"Town" shall mean the Town of Lunenbui-g
"user" means the assessed owner of real property who is a
pet-son, organization, corporation, society, or parinership who
discharges sewage ii-ito the sewersystem, serving the Town of
1-unenburg and surrounding areas or discharges sewage
directly into the Luiienburg Harbour through a private sewer
lateral.
"Year" means the fiscal year of the Town.
Page 2 of 5
Sewer Charge
3.1
An annual sewer charge or rate shall be billed to users ofihe
Town's sewer system based on annual sewer revenue
requirements as set forth in this By-law.
Annual
3.2
On or before May 1" of each year Council shall by resolution
establish the annual sewer revenue level for the current fiscal
year, specifying what portion will be received froln Town
residential users and what portion will be received from Town
non-residential users.
Non-residential
Sewer Rates
4.1
All non-residential users of the system within the Town limits,
shall pay to the Town each year a sewer rate based upon the
user's assessment. This rate shall be set by dividing the total
revenue requirements from non-residential users within the
Town limits as established annually by Town Council, by the
total assessment of all of the non-residential users within the
Town limits.
Residential Sewer
Users
5.1
All residential users of the system within the Town limits shall pay to
the Town each year a sewer charge per dwelling unit as esiablished
annually by Town Council, provided that if the residence is used as a
bed and breakfast establishment and is not assessed as commercial
property, there shall be an additional annual charge of 25% ofthe rate
established by Council as a rate for a dwelling unit multiplied by the
number of roolns used in the bed and breakfast establishn-lent.
Mixed Use
6.1
Users that own property which contain both residential propei-ty units
and non-residential assessment shall pay a sewer charge as follovv's:
6.1 .l Non-residential portion based upon the sewerrate established
in section 4.1: and
6.1.2 Residential portion based upon the per dwelling unit sewer
charge established in section 5.1.
Deemed Dwelling
Unit
6.2
For the purposes of this By-Law, where there is a residential use for
at least four months in the year that is assessed as residential
property but does not constitute a dwelling unit as defined in this By-
Law, that residential use shall be deemed to constitute a dwelling unit.
Properties Outside
Town Limits 7.1
The owner of every residential prope~iy or other property outside of
the Town limits of the Town of Lunenburg which is connected to the
sewer system of the Town shali pay to the Town a sewer charge as
follows:
7.1 .l Residential sewer users shall pay an annual sewer charge per
dwelling unit which is double the charge established for
residential users in the Town as established in Section 5.j;
7.1.2 Non-residential sewer users - The Town lnay enter into an
Agreement with a non-residential sewer user outside of i l ~ e
Town limits of the Town of Lunenburg who is connected to the
Town sewer system, orwishes to connect to the sewer system
of the Town. The rate to be charged to the non-residential
sewer user shali be determined by the Council of the Town but
the rate shall not be less than double the approximate
equivalent amount charged to a non-residential sewer user in
the Town of Lunenburg based on an estimate of the total
revenue 'from non-residential users within the Town lin~its
divided by the water gallonage consurned by the total oi non-
residential uscrs within the Town limits (in 1,000 Imperial
gallon units). In any agreement entered into with a non-
residential sewer user outside of tile Town limits, the Town
Inay restrict the amount andlor type of sewage which it will
accept into the Town's sewer s)~stem.
7.1.3 All non-residential users outside ofthe'ro\vn Iiniits of the Town
of Lunenbilrg shali install a gallonage meiei- in a mariner
approved by the Town, to monitor flows of sewage into the
Town sewer system and this meter shall be maintained by the
property owner at the sole expense of the property owner and
shall be made available for inspection by the Town or anyone
on its behalf at all reasonable times.
7.1.4 The capital and maintenance costs for all out of Town
connections into the Town sewer s)/stem shall be borne solely
by the property owner.
7.1.5 Sabject to any more stringent provisions contained in an
Agreement between the Town and a non-residential user
outside of the Town, all out of Town users must comply with
the provisions of the Town Sewer Discharge By-law as
amended from time to time.
Page 4 of 5
Billings
8.1
Council shall by resolution on or before May IS' of each fiscal year
determine whether the sewer rates and charges established in this
By-lawshall be billed annually or divided into semi-annual or quarterly
installments.
Due Dates
9.1
The due date of the sewer charge or rate, or installment thereof, shall
be thirty (30) days from the billing date. All accounts outstanding after
the due date shall be subject to an interest charge at the same
interest rate established by resolution of Council from time to time ior
the collection of outstanding taxes.
Lien
10.1 A charge or rate levied under this By-law shall constitute a lien on the
property and may be collected in the same manner and with the same
remedies as rates and taxes levied under the Assessment Act.
Revenue
Purposes
I I I Revenue collected pursuant to this By-law shall be used for any or all
of the construction. oweration and maintenance of a sewer svstem,
. .
including collection, mains or pipes, force mains, pumping stations,
and sewaae treatment plant, provided that any excess revenue shall
be transfeyred to the Tbwn's'~pecial ~ e s e r v e Fund to offset future
costs of the sewer system. Notwithstanding the foregoing, private
sewers are the responsibility of the owner thereof.
Repeal
12.1 The previous Annual Sewer Charge By-law is hereby repealed.
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Date
Town lVianager/Clerk
I, Bea Renton, Town ManagerlClerk for the Town of
Lunenburg, do certify that the foregoing is a true and
current copy of the amended By-law #54 of the Town of
Lunenburg, duly passed by the Lunenburg Town
Council on September 11, 2003, with first reading
having been given on May 29, 2003, second reading
on July 10, 2003 and third and final reading on
September 11, 2003, with an effective date of
September 29, 2003 when published in the Lighthouse
Log newspaper.